Resolution 2014-210 (CRA) RESOLUTION NO.2014-21 0
A Resolution by the Collier County Board of Commissioners, in its capacity as the governing body
of the Collier County Community Redevelopment Agency (the "Board"), authorizing the execution
of a Joint Participation Agreement with the Florida Department of Transportation providing for
partial project funding in an amount not-to-exceed$20,645.
WHEREAS, the Board approved the execution of a Joint Participation Agreement ("JPA") with
the Florida Department of Transportation ("FDOT") providing for funding by FDOT of certain
improvements to State Road 29 under FMN Project#431390-2-58-01 on the below date; and
WHEREAS, the FDOT has programmed up to $20,645.00 to reimburse Collier County for the
construction of work under the JPA; and
WHEREAS,the FDOT requires the Board to provide a resolution memorializing and confirming
the Board's aforementioned affirmative vote to approve the JPA and authorizing its Chairman to execute
the Agreement;and
WHEREAS, it is in the public interest that the parties enter into the JPA.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. On the below date, the Board approved by majority vote the Joint Participation Agreement
for FDOT Project FM# 431390-2-58-01 and authorized its Chairman to execute the
Agreement.
2. A certified copy of this Resolution will be forwarded by the Collier County Clerk of Court to
FDOT along with the executed Agreement.
This Resolution adopted after motion, second, and majority vote favoring same this iLik day of
OcAo\cc.Ar-- , 2014.
ATTEST: THE BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA, IN ITS
CAPACITY AS THE GOVERNING BODY OF
THE COLLIER COUNTY COMMUNITY
• REDEVELOPMENT AGENCY
By 7 ��4110 By
Attest as to Chalrmatleputy Cl- k Donna iala, Chairman
signature only.
A..rov d a� fo and legality:
Scott R. Teach
Deputy County Attorney
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Financial Management No.:431390-2-58-0I Fund: Function: 215 FLAIR Approp:088717
Agency: Collier County FLAIR Obj.: 134012
Contract No: Contract Amount:$20,645.00 Org Code: 55014010106
Vendor No.: F59-6000-558-163
JOINT PARTICIPATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This Agreement, made and entered into this day of , 2014, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter
referred to as the DEPARTMENT) and COLLIER COUNTY, a political subdivision of the State
of Florida, in its capacity as the governing body of the Collier County Community Redevelopment
Agency,(hereinafter referred to as the LOCAL GOVERNMENT),
WITNESSETII:
WHEREAS, the Parties have been granted specific Legislative Authority to enter into this
Agreement pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the LOCAL GOVERNMENT by Resolution No. 20 l - 2■0 , dated the
day of Cie-*giber I t ,2014, a copy of which is attached hereto and made a part hereof, has
authorized its Chairman or Designee to execute this Agreement on its behalf.
WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work
Program, to undertake the Project described as the SR 29 (Main Street) from Jefferson Ave E to N
9th Street, in Fiscal Year 2014/2015, said Project being known as FM #431390-2-58-01, hereinafter
referred to as the"Project"; and
WHEREAS, the Project is on the State Highway System, is not revenue producing and is
contained in the adopted Five Year Work Program; and
WHEREAS, the implementation of the Project is in the interests of both the DEPARTMENT
and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for
the LOCAL GOVERNMENT to perform the services to complete the Project.
WIIEREAS, the intent of this Agreement is to establish the terms and conditions of the
funding and the production of this Project; and
C`q.
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NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this Agreement,the parties agree as follows:
I. TERM
A. The term of this Agreement shall begin upon the date of signature of the last party to
sign. The LOCAL GOVERNMENT agrees to complete the Project by , in
accordance with the schedule described and contained in Exhibit"C"attached hereto. If the LOCAL
GOVERNMENT does not complete the Project within the time period allotted, this Agreement will
expire on the last day of the scheduled completion,as provided in this paragraph unless an extension
of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the
DEPARTMENT prior to the expiration of the Agreement. This Agreement shall expire upon the
termination of the Project. After the Project is complete, the maintenance responsibilities shall
continue in perpetuity by the DEPARTMENT.
2. SERVICES AND PERFORMANCES
A. The LOCAL GOVERNMENT shall furnish the construction and construction
engineering inspection services (CEI) of the Project. The Project consists of: construction
improvements at directional median opening modification on SR 29 (Main Street) approximately
500 feet east of 2nd Street. The LOCAL GOVERNMENT shall perform all other necessary work to
complete the Project, as specified in Exhibit "A", Scope of Services attached hereto and by this
reference made a part hereof Nothing herein shall be construed as requiring the LOCAL
GOVERNMENT to perform any activity that is outside of the scope of services of the Project.
B. The LOCAL GOVERNMENT shall provide the quantifiable, measurable and
verifiable units of deliverables as specified in Exhibit "A" and the design plans when approved by
the DEPARTMENT. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion.
C. The LOCAL GOVERNMENT agrees to undertake the construction and CEI of the
Project in accordance with County standards, Greenbook and all applicable federal, State and local
statutes, rules and regulations.
D. F.- VERIFY
Vendors/Contractors shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Vendor/Contractor during the
term of the contract.
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Vendors/Contractors shall expressly require any subcontractors performing work or providing
services pursuant to the State contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
E. This Agreement shall act to supersede the normal requirements of the LOCAL
GOVERNMENT to secure separate DEPARTMENT permits for drive-way connection, right of
way utilization, storm-water discharge and utilities', and this Agreement is deemed to constitute
such permits.
F. The LOCAL GOVERNMENT shall be responsible for obtaining clearances/permits
required for the construction of the Project from the appropriate permitting authorities.
G. The LOCAL GOVERNMENT understands that it is responsible, for the preparation
of all design plans for the Project suitable for reproduction on I I inch by 17 inch sheets, together
with a complete set of specifications covering all construction requirements for the Project. Design
plans shall be provided to the DEPARTMENT'S Project Manager Rick.arico @dot.state.fl.us
electronically. The DEPARTMENT shall review the plans for conformance to Greenbook
requirements and feasibility within forty-five (45) days of delivery by the LOCAL
GOVERNMENT. The DEPARTMENT review shall not be considered an adoption of the plans nor
a substitution for the engineer's responsibility for the plans; however, all changes requested by the
DEPARTMENT shall be made by the Engineer of Record/LOCAL GOVERNMENT with the
understanding that the final decision rests with the DEPARTMENT. All corrected plans shall be
provided to the DEPARTMENT in a timely manner. The LOCAL GOVERNMENT shall provide a
copy of the Final Bid documents to the DEPARTMENT. After approval of the plans and prior to
commencing the work described herein, the LOCAL GOVERNMENT shall receive a Notice to
Proceed from the DEPARTMENT'S Project Manager, Rick Arico or from an appointed
designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to
reimbursement.
H. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL
GOVERNMENT's normal bid procedures to perform the construction work for the Project.
I. The LOCAL GOVERNMENT shall hire a DEPARTMENT qualified CEI firm to
perform Verification Testing in accord with the 2010 Standard Specifications for Road and Bridge
Construction, as amended from time to time. The DEPARTMENT shall have the right, but not the
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obligation, to perform independent testing from time to time during the course of construction of
the Project. The CEI firm shall not be the same firm as the Engineer of Record.
J. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S
contractor to post a bond in accordance with Section 337.18(1), Florida Statutes.
K. The LOCAL GOVERNMENT shall be responsible to ensure that the construction
work under this Agreement is performed in accordance with the approved construction documents,
and that it will meet all applicable DEPARTMENT standards and that the work is performed in
accord with the Terms and Conditions contained in Exhibit"D".
L. Upon completion of the work authorized by this Agreement, the LOCAL
GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all design
work that originally required certification by a Professional Engineer, this notification shall contain
an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit
"E". The certification shall state that work has been completed in compliance with the Project
construction plans and specifications. If any deviations are found from the approved plans, the
certification shall include a list of all deviations along with an explanation that justifies the reason to
accept each deviation.
3. COMPENSATION AND REIMBURSEMENT
A. Project Cost: The total estimated cost of the Project is $20,645.00 (TWENTY
THOUSAND SIX HUNDRED FORTY-FIVE DOLLARS). This amount is based on the Schedule
of Funding, Exhibit "B"attached hereto.
B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the
LOCAL GOVERNMENT in an amount not to exceed $20,645.00 (TWENTY THOUSAND SIX
HUNDRED FORTY-FIVE DOLLARS) for actual costs incurred, excluding LOCAL
GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by
the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the
DEPARTMENT's participation. Travel costs will not be reimbursed.
i) The LOCAL GOVERNMENT shall submit invoices plus supporting documentation
required by the DEPARTMENT for approval and processing. Payment shall be made only after
receipt and approval of goods and services unless advance payments are authorized by the
Department's Comptroller under Section 334.044(29), F.S., or by the Department of Financial
Services under Section 215.422(14), F.S.
ii) Invoices must be based on quantifiable, measurable and verifiable units of
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deliverables as specified in Paragraph 2.A. and in Exhibit "A", Scope of Services. Supporting
documentation must establish that the deliverables were received and accepted in writing by the
LOCAL GOVERNMENT and must also establish that the required minimum level of service to be
performed as specified in Paragraph 2.B. was met, and that the criteria for evaluating successful
completion as specified in Paragraph 2.L. was met.
iii) Reimbursement for fees or other compensation for services or expenses incurred
shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and
post-audit thereof, based on the quantifiable, measurable and verifiable deliverables as established in
Paragraph 2. A. and Exhibit "A", Scope of Services and said request for reimbursement/invoice
must be completed and accepted in writing by the Department's Project Manager or designee prior
to reimbursement.
iv) The final balance due under this Agreement will be reimbursed upon the completion
of all Project services, receipt of final construction cost documentation and proper submission of a
detailed invoice and when the Project has been inspected, approved and accepted to the satisfaction
of the DEPARTMENT in writing.
v) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported
by detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature
and propriety of the charges.
C. The DEPARTMENT shall have the right to retain out of any payment due the
LOCAL GOVERNMENT under this Agreement, an amount sufficient to satisfy any amount due
and owing to the DEPARTMENT by the LOCAL GOVERNMENT on any other Agreement
between the LOCAL GOVERNMENT and the DEPARTMENT.
D. The LOCAL GOVERNMENT which is providing goods and services to the
DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the
DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. The
DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department
of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected and approved. If a payment is not available
within forty (40) days, a separate interest penalty at a rate as established pursuant to Section
55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount. Interest
penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT
requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of
(4)
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LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this individual include acting as an advocate for Contractors/vendors who
may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services
at 1-877-693-5236.
E. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the DEPARTMENT at all times during the period of this
Agreement, and for five (5) years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include
the LOCAL GOVERNMENT's general accounting records and the Project records, together with
supporting documents and records, of the contractor and all subcontractors performing work on the
Project, and all other records of the contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall be
resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT.
F. In the event this Agreement is in excess of $25,000.00 (TWENTY-FIVE
THOUSAND DOLLARS AND NO/100) and a term for a period of more than one year, the
provisions of Section 339.135(6) (a), Florida Statutes, are hereby incorporated as follows:
The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The DEPARTMENT
shall require a statement from the Comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of
funds. Nothing herein contained shall prevent the making of contracts for periods
exceeding one year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and
this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT
which are for an amount in excess of$25,000.00 and which have a term for a period
of more than one (1) year."
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G. The DEPARTMENT's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the
event funds are not appropriated to the DEPARTMENT for the Project, this Agreement may be
terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL
GOVERNMENT to that effect.
H. Audits: The administration of resources awarded by the Department to the
LOCAL GOVERNMENT may be subject to audits and/or monitoring by the Department, as
described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and
Section 215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may
include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the
LOCAL GOVERNMENT agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT
determines that a limited scope audit of the recipient is appropriate, the LOCAL GOVERNMENT
agrees to comply with any additional instructions provided by the DEPARTMENT staff to the
LOCAL GOVERNMENT regarding such audit. The LOCAL GOVERNMENT further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by
the DEPARTMENT'S Office of Inspector General (OIG) and Florida's Chief Financial Officer
(CFO) or Auditor General.
AUDI'T'S
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the
following criteria:
I. In the event that the LOCAL GOVERNMENT expends $500,000 or more in
Federal awards in its fiscal year, the LOCAL GOVERNMENT must have a single or
program-specific audit conducted in accordance with the provisions of OMB Circular A-
133, as revised. If applicable, Exhibit "F" to this Agreement indicates Federal resources
awarded through the DEPARTMENT by this Agreement. In determining the Federal awards
expended in its fiscal year, the LOCAL GOVERNMENT shall consider all sources of
Federal awards, including Federal resources received from the DEPARTMENT. The
determination of amounts of Federal awards expended should be in accordance with the
guidelines established by OMB Circular A-133, as revised. An audit of the LOCAL
GOVERNMENT conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
((:).
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2. In connection with the audit requirements addressed in Part I, paragraph 1,
the LOCAL GOVERNMENT shall fulfill the requirements relative to auditee
responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the LOCAL GOVERNMENT expends less than $500,000 in Federal
awards in its fiscal year, an audit conducted in accordance with the provisions of OMB
Circular A-133, as revised, is not required. However, if the LOCAL GOVERNMENT elects
to have an audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such
an audit must be paid from LOCAL GOVERNMENT resources obtained from other than
Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic
Assistance (CFDA) title and number, award number and year, and name of the awarding
federal agency.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the LOCAL GOVERNMENT expends a total amount of
state financial assistance equal to or in excess of$500,000 in any fiscal year, the LOCAL
GOVERNMENT must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Department of
Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If applicable,
Exhibit "F" to this Agreement indicates state financial assistance awarded through the
DEPARTMENT by this Agreement. In determining the state financial assistance expended
in its fiscal year, the LOCAL GOVERNMENT shall consider all sources of state financial
assistance, including state financial assistance received from the DEPARTMENT, other state
agencies, and other nonstate entities. State financial assistance does not include Federal
direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1,
the LOCAL GOVERNMENT shall ensure that the audit complies with the requirements of
Section 215.97(7), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General.
3. If the LOCAL GOVERNMENT expends less than $500,000 in state financial
assistance in its fiscal year, an audit conducted in accordance with the provisions of Section
215.97. Florida Statutes, is not required. However, if the LOCAL GOVERNMENT elects
to have an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost
of such an audit must be paid from the LOCAL GOVERNMENT resources obtained from
other than State entities).
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4. State awards are to be identified using the Catalog of State Financial
Assistance (CSFA) title and number, award number and year, and name of the state agency
awarding it.
PART III: OTHER AUDIT REQUIREMENTS
The LOCAL GOVERNMENT shall follow up and take corrective action on audit findings.
Preparation of a summary schedule of prior year audit findings, including corrective action
and current status of the audit findings is required. Current year audit findings require
corrective action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the
action is completed or the dispute is resolved. Access to Project records and audit work
papers shall be given to the DEPARTMENT, the Department of Financial Services, and the
Auditor General. This section does not limit the authority of the DEPARTMENT to conduct
or arrange for the conduct of additional audits or evaluations of state financial assistance or
limit the authority of any other state official.
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by PART I of this Agreement shall be submitted,
when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the
recipient directly to the following:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit ljdot.state.11.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as
revised (the number of copies required by Sections .320 (d) (I) and (2), OMB Circular A-
133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10`h Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections
.320(e) and (t), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by
PART I of this Agreement and conducted in accordance with OMB Circular A-133, as
revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to
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Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required
written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited
schedule of expenditures of Federal awards directly to the following:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSinoleAudit dot.state.fl.us
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the
recipient shall submit a copy of the reporting package described in Section .320 (c), OMB
Circular A-133, as revised, and any management letters issued by the auditor, to the
DEPARTMENT at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit,c dot.state.11.us
3. Copies of financial reporting packages required by PART Il of this
Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to
each of the following:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAuditgdot.state.fl.us
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
1 I 1 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART 111 of this
Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
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Email: FDOTSingleAudit)dot.state.tl.us
5. Any reports, management letters, or other information required to be
submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A-I33, Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to the
DEPARTMENT for audits done in accordance with OMB Circular A-133 or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General, should indicate the date that the reporting package was delivered to
the recipient in correspondence accompanying the reporting package.
I'ART V: RECORD RETENTION
The LOCAL GOVERNMENT shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of at least five (5) years from the date the audit
report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor
General access to such records upon request. The LOCAL GOVERNMENT shall ensure
that audit working papers are made available to the DEPARTMENT, or its designee, CFO,
or Auditor General upon request for a period of at least five (5) years from the date the audit
report is issued, unless extended in writing by the DEPARTMENT.
4. COMPLIANCE WITH LAWS
A. The LOCAL GOVERNMENT shall allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the
LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the DEPARTMENT.
13. The LOCAL GOVERNMENT shall comply with all federal, state and local laws and
ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT
shall not discriminate on the grounds of race, color, religion, sex or national origin in the
performance of work under this Contract.
C. No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL
GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a
result of this Contract.
5. TERMINATION ANI) DEFAULT
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A. This Agreement may be cancelled by the DEPARTMENT in whole or in part at any
time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also
reserves the right to seek termination or cancellation of this Agreement in the event the LOCAL
GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The
DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an
assignment is made for the benefit of creditors. This contract may be cancelled by the LOCAL
GOVERNMENT upon sixty(60)days written notice to the DEPARTMENT.
B. If the DEPARTMENT determines that the performance of the LOCAL
GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of(a) immediately
terminating the Agreement, or (b) notifying the LOCAL GOVERNMENT of the deficiency with a
requirement that the deficiency be corrected within a specified time, otherwise the Agreement will
be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the
DEPARTMENT.
C. If the DEPARTMENT requires termination of the Agreement for reasons other than
unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall notify the
LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination
or specify the stage of work at which the Agreement is to be terminated.
D. If the Agreement is terminated before performance is completed, the LOCAL
GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be
substantiated. Such payment, however, may not exceed an amount which is the same percentage of
the contract price as the amount of work satisfactorily completed is a percentage of the total work
called for by this Agreement. All work in progress will become the property of the DEPARTMENT
and will be turned over promptly by the LOCAL GOVERNMENT.
6. MISCELLANEOUS
A. All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender
shall extend to and include all genders.
B. The DEPARTMENT shall not be obligated or liable hereunder to any party other
than the LOCAL GOVERNMENT.
C. In no event shall the making by the DEPARTMENT of any payment to the LOCAL
GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of
covenant or any default which may then exist, on the part of the LOCAL GOVERNMENT. and the
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making of such payment by the DEPARTMENT while any such breach or default shall exist shall in
no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to
such breach or default.
D. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein, and the
parties agree that there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representation or agreements
whether oral or written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
E. All tracings, plans specifications, maps, models, reports, or other work product
prepared or obtained under this Agreement shall be considered works made for hire for the
DEPARTMENT and the LOCAL GOVERNMENT and shall at all times be and remain the property
of the DEPARTMENT and the LOCAL GOVERNMENT without restriction or limitation on their
use.
F. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any
other legally constituted body having jurisdiction, to he invalid or unenforceable shall be severable
and the remainder of this Agreement shall remain in full force and etTect, provided that the
invalidated or unenforceable provision is not material to the intended operation of this Agreement.
G. This Agreement shall be effective upon execution by both parties and shall continue in effect
and be binding on the parties until the Project is completed, any subsequent litigation is complete
and terminated, final costs are known, and legislatively appropriated reimbursements, if approved,
are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the
Project in whole or in part if the DEPARTMEN]. determines that such action is in the best interest
of the public. However, the DEPART'MENT'S obligation to maintain the PROJECT after
completion shall survive the term of this Agreement.
H. PUBLIC ENTI fY CRIME INFORMATION AND AN'T'I-DISCRIMINA'T'ION
S"I'A IEMEN"I': A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
Page 14 of 15
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity.
1. All notices required pursuant to the terms hereof shall be sent by First Class United
States Mail. Unless prior written notification of an alternate address for notices is sent, all notices
shall be sent to the following addresses:
Florida Department of Transportation Collier County
Rick J. Arico, P.E. Bradley Muckel
Project Manager Project Manager
10041 Daniels Parkway Collier County Community
Redevelopment Agency (CRA)
750 South Fifth Street
(Southwest Florida Works Building)
Immokalee, FL 34142
Fort Myers, Florida 33913
Page 15 of 15
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its
behalf, by the Chairman or its Designee, and the FLORIDA DEPARTMENT OF
TRANSPORTATION has caused this Agreement to be executed in its behalf through its District
Secretary or authorized Designee: This Agreement shall become effective on:
Department to enter date
COLLIER COUNTY, FLORIDA
• ST , C -
ii •
;
LERK '(SEAL) CHAI MAN OR DESIGNEE
Octoi.).0r- �/� BOARD OF COUNTY COMMISSIONERS
Cam.': DONNA FIALA, CRA 10/14/14
Attest as to ChaJrJnd(1 DATE PRINT NAME DATE
signature only. COL R CO TY,L G, REVIEW: L�
BY:
,AC-e:),-,r1A-L\S\k\ocvdt.NDATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
PRINT NAME DATE PRINT NAME DATE
FLA. DEPT. OF TRANS. LEGAL
AVAILABILITY OF FUNDS APPROVAL:
REVIEW:
BY:
DATE DATE
(77,)
/1
"0
EXHIBIT"A"
SCOPE OF SERVICES
Financial Management Number:431390-2-58-01
SR 29 (Main Street) FROM E.JEFFERSON AVENUE TO N.9th STREET
The purpose of this Exhibit is to describe the scope of work and the responsibilities of the Local
Government in connection with the construction of improvements at a directional median
opening on SR 29 (Main Street), located approximately 500 feet east of 2nd Street. The general
objective is for Local Government to provide contract administration, management services,
construction engineering inspection services and quality acceptance reviews of all work
associated with the construction of the associated improvement. The services performed shall
be in accordance with all applicable Florida Department of Transportation manuals, guidelines
and specifications.
Deliverables included in the Scope of Services are as follows:
1. Removal of the optional wing traffic separator at the directional median opening
2. Removal of 10 linear feet of 2-foot wide non-mountable traffic separator at the nose of
the median separator.
3. Installation of 10 linear feet of modified 2-foot wide mountable traffic separator at the
nose of the median separator.
4. Installation of asphalt restoration and signing and pavement markings, as appropriate.
5. Provide adequate temporary and permanent erosion control
6. Maintain traffic on SR 29 during construction.
7. Provide, upon completion of construction, Final As-built Construction Plans, signed and
sealed by a Professional Engineer, registered in the State of Florida
8. Provide Construction Engineering and Inspection (CEI) and Quality Assurance
Engineering.
9. Coordinate construction activities with other construction projects that are impacted by
or impact this project. This includes projects under the jurisdiction of local governments
or other regional and state agencies.
Page 1 of 1
EXHIBIT "B"
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number: 431390-2-58-01
By and through this Joint Participation Agreement with the LOCAL GOVERNMENT, the
DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT up to, but not to exceed
$20.645.00 (1'WEN"I'Y 'THOUSAND SIX HUNDRED FORTY-FIVE DOLLARS) for actual
costs incurred on this Project, excluding LOCAL GOVERNMENT overhead.
The remainder of this page is intentionally left blank"
Page 1 of 1
EXHIBIT "C"
ESTIMATED PROJECT PRODUCTION SCHEDULE
Financial Management Number: 431390-2-58-01
• Construction & CEI services scheduled to begin by
• Construction & CEl services scheduled to be completed by
The remainder of this page is intentionally left blank"
Page 1 of 1
t `
EXHIBIT "D"
TERMS & CONDITIONS OF CONSTRUCTION
1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth herein,
to perform all activities necessary for the construction of the Project (as described more fully in
Exhibit "A"). The Project shall be constructed in accordance with construction plans and
specifications to be approved by the DEPARTMENT and consistent with the requirements of
the DEPARTMENT. The plans shall include an appropriate plan for maintenance of traffic.
Should any significant (as defined by §4-3 of Standard Specifications for Road and Bridge
Construction, 2010, and as amended from time to time) changes to the plans be required during
construction of the Project, the LOCAL GOVERNMENT shall be required to notify the
DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the
changes being constructed. The DEPARTMENT reserves the right to adjust the plans to meet
the requirements of permits. The LOCAL GOVERNMENT shall be responsible to maintain the
area of the Project at all times during construction of the Project. All payment and performance
bonds shall name the DEPARTMENT as an additional obligee. All warranties on any product
or material used in construction of said Project shall be in favor of the DEPARTMENT. The
LOCAL GOVERNMENT shall assure that the Engineer of Record performs all necessary post-
design services that may be required.
2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all
existing utilities, both aerial and underground and that all utility locations shall be represented on
the construction plans. All utility conflicts shall be fully resolved directly with the applicable
utility. The LOCAL GOVERNMENT shall be obligated to design around any utility installation
for which the conflict cannot be resolved. Said utility work shall be deemed to be undertaken on
behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall
assure that utility work schedules are obtained for the Project.
3. The work performed pursuant to this Agreement may require authorization under the
Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges
from construction sites. The LOCAL GOVERNMENT is responsible for obtaining the National
Pollutant Discharge Elimination System Permit and all other necessary permits for construction
of the Project. When applicable, such permits will be processed in the name of the
DEPARTMENT; however, in such event, the LOCAL GOVERNMENT will comply with all
terms and conditions of such permit in construction of the subject facilities.
4. It is expressly agreed by the parties that this Agreement creates a permissive use only
and that neither the granting of the permission herein to use DEPARTMENT and/or LOCAL
GOVERNMENT right-of-way nor the placing of facilities upon DEPARTMENT and/or
LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL
GOVERNMENT and/or the DEPARTMENT except as otherwise provided in separate
agreements.
6. The DEPARTMENT shall appoint and authorize a single individual to serve as the
DEPARTMENT's representative to coordinate and manage the DEPAR I'MEN I' review of
I.00AI, GOVERNMENT activities pursuant to this Agreement. The LOCAL GOVERNMENT
Page 1 of 3
shall provide a current construction schedule to the DEPARTMENT's representative and shall
notify the representative at least 48 hours in advance of starting proposed work and again
immediately upon completion of work.
7. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL
GOVERNMENT's normal bid procedures to perform the construction work for the Project.
8. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT's
contractor to post a bond in accordance with Section 337.18, Florida Statutes.
9. The LOCAL GOVERNMENT shall not modify the intent of the design plans or the
maintenance of traffic concept without appropriate submission by the Engineer of Record (the
"Engineer") and approval by the DEPARTMENT. Provided, however, in the event of an
emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes and
notify the DEPARTMENT and the Engineer of Record after the modifications.
10. The DEPARTMENT may request and shall be granted a conference with the LOCAL
GOVERNMENT and at the LOCAL GOVERNMENT's option, the LOCAL GOVERNMENT's
CEI firm, to discuss any part of the Project activities that the DEPARTMENT determines to be
inconsistent with the approved design plans and specifications. The LOCAL GOVERNMENT
will monitor the corrective action and provide the DEPARTMENT status reports at such
intervals as are reasonable, based on the corrective action undertaken, and the DEPARTMENT
may, but is not obligated to, review independently the progress of the corrective action.
Provided however, if the DEPARTMENT determines a condition exists which threatens the
public's safety, the DEPARTMENT may. at its discretion, issue an immediate stop work order.
11. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the
maintenance of traffic and construction operation during the course of the Project so that the
safe and efficient movement of the traveling public is maintained. The LOCAL
GOVERNMENT is further obligated to make such changes to the maintenance of traffic plans
as may be necessary. During construction, the LOCAL GOVERNMENT shall take measures.
including the placing and display of safety devices that are necessary in order to safely conduct
the public through the Project area in accordance with the latest and current version of the
Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and
Highways, and the DEPARTMENT'S 2010 Standard Specifications for Road and Bridge
construction and the DEPARTMENT'S 2010 Roadway and Traffic Design Standards, and as
those sources may be amended from time to time. The LOCAL GOVERNMENT may assign
the responsibility of this paragraph to the Contractor or its' CEI for the construction of the
Project.
12. Prior to the Project bidding, the LOCAL GOVERNMENT shall provide a project
schedule that includes, at a minimum, the date the Project will be advertised for bid, the bid
opening date, the award date and the date of the preconstruction conference.
13. It is understood and agreed that the rights and privileges herein set out are granted
only to the extent of the DEPARTMENT's right, title and interest in the land to be entered upon
and used by the LOCAL GOVERNMENT. Any additional right or privilege required to
undertake and to complete construction of the Project shall be secured by the LOCAL
GOVERNMENT.
Page2of3 -
14. Upon completion of the work in accord with the Plans, the LOCAL GOVERNMENT
shall furnish a set of"as-built" plans certified by the Engineer of Record/CEI that the necessary
improvements have been completed in accordance with the Plans as the same may be modified
in accord with the terms of this Agreement. This certification shall include a statement that
necessary inspections, tests, and physical measurements have been made, and that all materials
entering into the work conform to the Plans, conform to the applicable specifications contained
in the Standard Specifications for Road and Bridge Construction, 2010 edition as amended, or
otherwise conform to or meet generally accepted professional practices. Additionally, the
LOCAL GOVERNMENT shall assure that all post construction survey monumentation required
by Florida Statutes is completed and evidence of such is provided to the DEPARTMENT in a
manner acceptable to the DEPARTMENT. Upon acceptance of right-of-way documents, then
the Project shall be deemed accepted by the DEPARTMENT.
15. In the event contaminated soil is encountered by the LOCAL GOVERNMENT or
anyone within the DEPARTMENT right of way, the LOCAL GOVERNMENT shall
immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate
with the appropriate agencies and notify the LOCAL GOVERNMENT of any required action
related thereto.
16. It is acknowledged by the parties that construction plans and specifications are still
being prepared by the LOCAL GOVERNMENT as of the date of this Agreement. Construction
of the Project will not commence until the DEPARTMENT has approved the construction plans
and specifications as provided for in Paragraph I and all required right-of-way has been properly
obtained and certified (if applicable) as such by the DEPARTMENT's Right of Way Manager.
17. If applicable, the LOCAL GOVERNMENT shall assure that load ratings arc
submitted on any vehicular bridge prior to the final submission of the structure plans for
DEPARTMENT review. Structures shall not be opened to traffic until a signed and sealed final
bridge load rating that meets the Florida legal loads standard is complete.
Page 3 of 3
EXHIBIT "E"
NOTICE OF COMPLETION
JOINT PARTICIPATION AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
And
COLLIER COUNTY
PROJECT DESCRIPTION: SR 29 (Main Street) from Jefferson Ave E to N 9`h Street
FINANCIAL MANAGEMENT ID#431390-2-58-01
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT,
the undersigned hereby provides notification that the work authorized by this Agreement is
complete as of , 20
By:
Name:
Title:
ENGINEER'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT,
the undersigned hereby certifies that all work which originally required certification by a
Professional Engineer has been completed in compliance with the Project construction plans and
specifications. If any deviations have been made from the approved plans, a list of all
deviations, along with an explanation that justifies the reason to accept each deviation, will be
attached to this Certification. Also, with submittal of this certification, the LOCAL
GOVERNMENT shall furnish the DEPARTMENT a set of "as-built" plans certified by the
Engineer of Record/CEl.
By: , P.E.
SEAL: Name:
Date:
Page l of l
` 1
EXHIBIT "F"
Financial Management Number: 431390 2 58 01
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program(list Federal agency, Catalog of Federal Domestic Assistance title and num 00,
$(amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE . . ^j': • R SOURCES
AWARDED PURSUANT TO TIHIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
4bl°
1. First applicable compliance requirement (e.g., watt sery es/pu oses resources must he used
for).
2. Second applicable compliance requirement (e.g., igib: requirements for recipients of the
resources).
3. Etc.
STATE RESOURCES AWARDED TO is E R WCIP T PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOW G:
MATCHING RESOURCES FO Vr ,,: L P'OGRAMS:
Federal Program(list F i a!agenc atalog of Federal Domestic Assistance title and number)-
$(amount)
SUBJEC ._ O S:Kf& 215.97 FLORIDA STATUTES:
Sta a- ',?.;,, tate awarding agency, Catalog of State Financial Assistance title and number)-
$ an'., ?rt
COMPLI• NCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
1. .j
Page 1of1