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Item #07 Amend the Existing ARRA Funding Agreement with the Florida DOT to Reflect the Actual Contract Price center of GOOd L' ~ AGENDA ITEM COVER SHEET Meeting Date: February 16, 2010 Item # ~ Reviewed By: ~ / /,;j Department Dire~ 1/. /!J!/ t- City Manager: , --... Subject: Amend the existing ARRA funding agreement with the Florida DOT to reflect the actual contract price - District 4, Commissioner Keller. Contact Name: Contact Number: AI Butler ~ 407-905-3100, ext. 1543 Background Summary: The City of Ocoee received funding up to $1,675,000 from the Florida Department of Transportation (FOOT) for rehabilitating the pavement on Clarke Road north of Silver Star Road as part of the 2009 American Recovery and Reinvestment Act (ARRA) stimulus program for transportation, These funds were for construction and engineering inspection of the work and were based on historical construction costs and are provided through the FOOT Local Agency Program (LAP). Due to current economic conditions and the resulting increase in competitive pricing for construction work of this type, bid prices reduced the total project cost to $1,157,651.82. As a result of these lower costs and the need to utilize all ARRA funds in a timely manner, FOOT has asked the City to agree to a reduction in project funding to the level of actual contract pricing. Issue: The Engineering Department proposes that the City Commission approve the amendment drafted by FOOT to reduce the funding for the Clarke Road Rehabilitation project to the total of executed construction and engineering inspection contracts, and to authorize the Mayor to execute any documents necessary for this purpose. Recommendations The Engineering Department recommends that the City Commission approve the Supplemental LAP Amendment for FPN 426342-2-58-1, Contract No. APR70 (originally executed on November 13, 2009), authorize the Mayor to execute the amendment, which will unencumber the remaining FOOT project funds, and authorize the Finance Department to alter the project budget accordingly. Attachments: The draft Local Agency Program Supplemental Amendment from FOOT. Financial Impact: The proposed amendment will reduce committed project funds to the total of the construction and engineering inspection contracts awarded by the City. The original funding commitment was $1,675,000. The total construction contract value is $1,005,542.50. The total engineering inspection 1 contract's maximum limiting amount is $152,109.32. The FDOT funding commitment will be reduced by $517,348.18 to the sum of these two contracts ($1,157,651,82). The released ARRA funds will be made available for other Central Florida projects. The City of Ocoee has submitted three more stimulus program road construction projects totaling slightly more than $1 million for ARRA funding. Type of Item: (please mark with an "x'J _ Public Hearing _ Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's DeDt Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda ---L Original Document/Contract Attached for Execution by City Clerk (3 originals) _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) ~/13-;J- N/A N/A N/A 2 Page 1 of 1 Butler, AI Broxton, Yvonne [Yvonne.Broxton@dot.state.f1,us] Monday, February 01, 201010:08 AM Butler, AI; Elmaghraby, Ashraf; Liatsos, Bill Horne-Harley, Edna; Patel, Tushar; Bass, Gary; Vacchiano, Vincent; Grooms, Richard; Carmichael, Trent; Arcand, Chris; Schoelzel, Mary; Ferguson, Gene Subject: Supplemental LAP Agreement for the City of Ocoee Stimulus Project FPN 426342-2/Clarke Rd Attachments: FPN 426342-2 SA Clarke Road City of Ocoee.pdf Good morning AI, From: Sent: To: Cc: Attached is the Supplemental LAP Agreement for the above Stimulus Project for the City's adoption and execution. Please make a minimum of 3 copies of Supplemental for council presentation. After the City executes the Supplemental (3 Originals) please return all 3 to me along with 1 Originally signed or notarized copy of the Resolution adopting the Agreement. At you earliest convenience, please reply email with a date of next Council meeting. Any questions or concerns, please feel free to call. Have a super week! yvonne 'Broxton Senior CCerk Florida Department of Transportation D5 Consultant Project Management 719 S. Woodland Blvd Deland FL 32720 Yvonne.Broxton@dot.state.f1,us Office: (386) 943-5408 2/1/2010 525-010-32 PRODUCTION SUPPORT 02109 Pace 1 of 3 SUPPLEMENTAL NO. 1 DUNS NO, 80-939-7102 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT FPN 426342-2-58-01 CONTRACT NO, APR70 The STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF OCOEE desires to supplement the original Agreement entered into and executed on November 13. 2009 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name Clarke Road Rehabilitation Length -2,5 miles Termini From Silver Star Road to Clarcona-Ocoee Road DESCRIPTION OF WORK: The project involves milling to a depth of approximately 2.5 inches below the pavement surface and replacement with said 2,5 inches of SP12.5/9.5 asphaltic concrete. The project also includes point repairs at selected stormwater inlets, as needed, to re-establish soil density that may have been lost over time, Additionally, maintenance of traffic, temporary striping, permanent thermoplastic striping, and clean-up will be required in the project, The length of the project is approximately 13,300 linear feet and involves a four lane section from Silver Star Road to north of A.D. Mims Road and a two lane section from north of AD, Mims Road to Clarcona-Ocoee Road SPECIAL CONSIDERATIONS BY AGENCY: Pursuant to Paragraph 4.0 of the Local Agency Program Agreement, the Agency and the Department acknowledge and agree that the schedule of funding for construction (that includes the authorized and encumbered federal funding) for this American Recovery and reinvestment Act (ARRA) project shall be reduced to an amount equal to the Agency's construction contract award amount of $ 1,005,542.50 plus the contract amount of the Agency's CEI services contract in the amount of $ 152,109.32, for a total of $ 1.157.651,82 , Said revision is reflected on the Schedule of Funding, attached hereto and incorporated herein, as Exhibit "A". 525-010-32 PRODUCTION SUPPORT 02/09 Pace 2 of 3 SUPPLEMENTAL NO, STATE OF FLORIOA OEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM SUPPLEMENTAL 426342-2-58-01 DUNS NO, AGREEMENT CONTRACT NO, 80-939-7102 APR70 FUNDING TYPE OF WORK By Fiscal Year (1) (2) (3) (4) (5) PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL STATE & PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS Planning 2007-2008 2008-2009 2009-2010 2010-2011 Total Plannina Cost $0.00 $0,00 $0,00 $0,00 $0.00 Project Development & Environment (PD&E) 2007-2008 2008-2009 2009-2010 2010-2011 Total PD&E Cost $0,00 $0.00 $0.00 $0,00 $0,00 Design 2007-2008 2008-2009 2009-2010 2010-2011 Total Design Cost $0,00 $0.00 $0.00 $0.00 $0,00 Right-of-Way 2007-2008 2008-2009 2009-2010 2010-2011 Total Right-of-Way Cost $0,00 $0,00 $0.00 $0,00 $0,00 Construction 2007-2008 2008-2009 2009-2010 $1,675,000.00 $1 ,005,543,00 $1,005,543,00 2010-2011 Total Construction Cost $1.675,000.00 $0,00 $1,005.543,00 $0.00 $1,005,543.00 Construction Engineering and Inspection (CEI) 2007-2008 2008-2009 2009-2010 $152,109,00 $152,109,00 2010-2011 Total CEI Cost $0.00 $0,00 $152,109,00 $0,00 $152,109,00 Total Construction & CEI Costs $1.675,000.00 $0.00 $1,157.652.00 $0,00 $1,157.652,00 TOTAL COST OF THE PROJECT $1,675,000.00 $0.00 $1,157,652.00 $0.00 $1,157,652.00 Funding within State Comptrollers Office is rounded to nearest dollar, Project shall be reduced to an amount equal to the Agency's construction contract award amount of $1,157,652,00. Project was reduced by $517,348,00 525-01()'32 PROOUCTION SUPPORT 02109 aQe 3 0 3 SUPPLEMENTAL NO, STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 426342-2-58-01 SUPPLEMENTAL DUNS NO, AGREEMENT CONTRACT NO, 80-939-7102 APR70 P IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written, AGENCY (City of Ocoee) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: By: Name: Rise' K. Wall Title: Director of Transportation Support Attest: Name: Title: Attest: Name: Title: Date: Date: As to form: As to form: Attorney District Attorney