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Backup Documents 05/13/2014 Item #11C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP J 1 fl TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1.Scott Teach, Deputy County County Attorney �y� Attorney V�` ` 521 2. 3. 4. Board of County Commissioners e'N5 */ c \.\\LS■ 5. Minutes and Records Clerk of Court's Office 6. Marlene Messam Transportation Engineering, `( Growth Mgmt. Division PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Marlene Messam, S .Project Manager Phone Number 252-5773 Contact Agenda Date Item was May 13,2014 Agenda Item Number 11.C. Approved by the BCC Type of Document TRIP Agreement,First Amen ent& Number of Original 2 each • Attached Resolution e,b I1-t 9 Documents Attached Nr-�,.& \ u'n Scc sg-3t•c- INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be M.M. signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's M.M. Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the $ t document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's M.M. signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip N.A. should be provided to11 in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on 5/13/2014 and all changes made dur' SRN, the meeting have been incorporated in the attached document.The County Atto ey's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 11C MEMORANDUM Date: May 16, 2014 To: Marlene Messam, Sr. Project Manager Trans/ECM From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2014-99/TRIP Agreement and First Amendment for CR 951 from Green Blvd. to Golden Gate Blvd. FM #4258401 Attached please find one (1) certified copy of the Resolution and two (2) Original Agreements (Agenda Item #11C), as referenced above and approved by the Board of County Commissioners on Tuesday, May 13, 2014. Please forward for additional signatures and return a fully executed original back to the minutes and Records Department. If you should have any questions, please call me at 252-8411. Thank you. Attachment (1) lic MessamMarlene From: Perez, Tamara [Tamara.Perez©dot.state.fl.us] Sent: Wednesday, March 26, 2014 8:38 AM To: MessamMarlene Cc: OberrathKaren; AhmadJay; ChesneyBarbara; Miracola, Karen Subject: TRIP agreement for CR 951(Collier Boulevard) from Green Boulevard to Golden Gate Boulevard FM#425840 1 Attachments: 425840 1 Agreement.pdf; 425840 1 1st Amendment.pdf Marlene, Attached is the agreement and 1st amendment for next year's funding too. The agreement needs to be fully executed no later than mid-June. And the 1st amendment will be held until I can execute after July, 2014. By sending you both agreement and 1st amendment it will only require you to go to BOCC once. Please have two (2) originals executed by the Chairman or designee, returned to me, together with one (1) original or certified copy of the original resolution authorizing the Chairman or designee to enter into and execute the agreements. Make sure to include dates under Exhibit B, and section 2. A. and include some buffer time for completion date. Also need you to complete LOS section 4. C. Let me know if you have any questions. Thanks, Tamara Perez District JPA/LFA Staff Assistant Florida Department of Transportation Southwest Area Office ® Southwest Interagency Facility for Transportation (SWIFT) 10041 Daniels Parkway Fort Myers, FL 33913 if:2 3 9-2 2 5-19 8 1 A:239-338-2353 E:tamara.perez@dotstatell.us 1 11C RESOLUTION 2014-9 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF A TRANSPORTATION REGIONAL INCENTIVE PROGRAM ("TRIP") AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND A FIRST AMENDMENT TO THE TRIP AGREEMENT, PROVIDING STATE FUNDING FOR IMPROVEMENTS FROM GREEN BOULEVARD TO GOLDEN GATE BOULEVARD UNDER FM# 425840-1-58-01 AND A RESOLUTION AUTHORIZING THE BOARD'S CHAIRMAN TO EXECUTE THOSE AGREEMENTS. WHEREAS, at the May 13, 2014, meeting of the Board of County Commissioners the Board approved the execution of a Transportation Regional Incentive Program ("TRIP") with the Florida Department of Transportation ("FDOT") that provides $8,043,930.00 in State funding ($6,807,645.00 in FY 2013/2014 and $1,236,285.00 in FY 2014/2015) for improvements on Collier Boulevard from Green Boulevard to Golden Gate Boulevard under FM$ 425840-1-58-01, a First Amendment to the TRIP Agreement and authorized the Board's Chairman to execute the TRIP agreement and Amendment with FDOT; and WHEREAS, the FDOT requires the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve those Agreements and authorization for the Chairman to execute the TRIP Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: On May 13, 2014, the Board of County Commissioners approved by majority vote the TRIP agreement, First Amendment to the TRIP Agreement and authorized its Chairman to execute both agreements. A certified copy of this Resolution is to be forwarded to FDOT along with the executed TRIP Agreement and First Amendment to TRIP Agreement. 11C ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Csk.v\aLzvv %si, _. B Deputy Clerk TOM HENNING, AIRMAN Attest as to Chairman's signature_F " Approved as to form and legality: J> s 6e�-,.. L_______ Scott R. Teach, Deputy County Attorney • iofice' rate sI44 rRec'd ' Doputy a 11C FINANCIAL PROJECT NO.:425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 1 of 16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT This Transportation Regional Incentive Program Agreement ("Agreement") is between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, ("DEPARTMENT") and COLLIER COUNTY, (COUNTY). RECITALS A. The DEPARTMENT has the authority, under Section 334.044, Florida Statutes (F.S.) to enter into this Agreement. B. The Transportation Regional Incentive Program was created by Section 339.2819, F.S. to provide funds to improve regionally significant transportation facilities in "regional transportation areas" created pursuant to Section 339.155, F.S. C. The COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of Section 339.2819, F.S. D The Collier County and Lee County Metropolitan Planning Organizations, acting as a designated regional partnership under Fla. Stat §339.155 (5)(c), and formed by an interlocal agreement amended October 21, 2011 designated CR 951 (Collier Boulevard) as a regional facility by resolution, a copy of which is incorporated into this Agreement and attached as Exhibit 1. D. The DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. 425840-1-58-01 ("PROJECT") in accordance with Section 339.2819, F.S. n E. The COUNTY by Resolution No.z .k-T-\ dated the/3 day of M my , 2014, a copy of which is attached to and made a part of this Agreement as Exhibit 2, has authorized the Chairman of its Board of Commissioners or designee to enter into this Agreement. AGREEMENT In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1. SERVICES AND PERFORMANCE A) The PROJECT consists of construction of CR 951(Collier Boulevard) from Green Boulevard to Golden Gate Boulevard a new six-lane divided facility as further described in Exhibit A which is attached to and made a part of this Agreement. B) The COUNTY agrees to undertake the construction of the PROJECT in accordance with all applicable, federal, state and local statutes, rules and regulations, and standards. The COUNTY shall be responsible for obtaining clearances/permits required for the construction of the PROJECT from the appropriate permitting authorities. Upon 1 11C FINANCIAL PROJECT NO.:425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 2 of 16 completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the applicable standards, statutes, rules and regulations in writing as provided in Exhibit E (Notice of Completion) which is attached to and made a part of this Agreement. C) The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. The COUNTY shall provide the DEPARTMENT with quarterly progress reports. D) Vendors/Contractors: a) 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; and b) 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) The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. F) The COUNTY 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 COUNTY shall request a Notice to Proceed from the DEPARTMENT'S Construction Project Manager, Rick J. Arico, at (239-225-1973) or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. G) All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Rick J. Arico, P.E. Marlene Messam Project Manager Senior Project Manager, TECM 10041 Daniels Parkway 2885 Horseshoe Drive South Fort Myers, Florida 33913 Naples, Florida 34104 2. TERM A) The COUNTY shall perform the PROJECT activities in accordance with the following schedule as further described in Exhibit B (Schedule of Services) which is attached and made a part of this Agreement: 2 Cq 11C FINANCIAL PROJECT NO.: 425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 3 of 16 (1) Construction contract to be let on or before August 2014. (2) Construction to be completed on or before January 2017. B) This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement and contingent upon the DEPARTMENT'S District Secretary's or Designee's Approval. 3. COMPENSATION AND PAYMENT A) The COUNTY and the DEPARTMENT agree to share the cost of this PROJECT FM# 425840 1 58 01 pursuant to Section 339.2819, F.S. B) The estimated total cost as set forth in the DEPARTMENT'S adopted work program for this PROJECT in fiscal years 2013/2014 and 2014/2015 is $16,087,860.00 (Sixteen Million Eighty-Seven Thousand Eight Hundred Sixty Dollars). The estimated COUNTY share of the PROJECT is $8,043,930.00 (Eight Million Forty-Three Thousand Nine Hundred Thirty Dollars). The estimated DEPARTMENT share of the PROJECT is $6,807,645.00 (Six Million Eight Hundred Seven Thousand Six Hundred Forty-Five Dollars) programmed in fiscal year 2013/2014 and $1,236,285.00 (One Million Two Hundred Thirty-Six Thousand Two Hundred Eighty-Five Dollars) programmed in fiscal year 2014/2015. The fiscal year 2014/2015 funding shall be incorporated via an amendment into this agreement when funds become available in July, 2014. The amounts are outlined in Exhibit C (Schedule of Funding) which is attached to and made a part of this Agreement. The parties further agree all remaining costs of the PROJECT will be borne by the COUNTY. i) In the event the COUNTY proceeds with the construction of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). ii) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. C) The County shall provide quantifiable, measurable and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. Said deliverables are described and contained in Exhibit A (Scope of Service) attached hereto. D) Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT under Section 334.044 (29), F.S. Invoices (3 copies) shall be submitted by the COUNTY in detail sufficient for a proper pre-audit and post audit thereof, based on the quantifiable, measurable, and 3 (.4) FINANCIAL PROJECT NO.:425840 1 58 011 1 C COLLIER COUNTY CONTRACT NO.: Page 4 of 16 verifiable units of deliverables as established in Exhibit A (Scope of Services). Deliverables must be received and accepted in writing by the DEPARTMENT'S Project Manager prior to payments. E) Entities providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt the DEPARTMENT has 5 working days to inspect and approve the goods and services. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 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 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S. will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices that have to be returned to the COUNTY because of COUNTY 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 COUNTIES 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. F) Funds transferred to the COUNTY by the DEPARTMENT shall be segregated from other funds and invested by the COUNTY until their actual expenditure, in such income or revenue-producing investments as authorized by law for other COUNTY funds. All income, interest, or other revenues obtained from such investment shall be considered funds of the DEPARTMENT. The income, interest, or other revenues shall be remitted to the DEPARTMENT on a quarterly basis within fifteen (15) days of the close of the months March, June, September, and December, regardless of the month in which funds were received. Upon completion of the PROJECT, all remaining income, interest, or other revenues shall be returned to the DEPARTMENT. All refund or interest checks shall be made payable to: Florida Department of Transportation, and mailed to the DEPARTMENT address in Paragraph 1.F) of this Agreement; with the Project Number referenced and information included that identifies the interest period, amount of interest earned by account, name of depository, and interest rate. The documentation submitted to support interest earnings should include copies of bank or investment account statements, computational work sheets, etc. G) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), F.S., are incorporated: 4 FINANCIAL PROJECT NO.:425840 1 58 01 1 C COLLIER COUNTY CONTRACT NO.: Page 5 of 16 "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 1 year, but any contract so made shall be executor 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 dollars and which have a term for a period of more than 1 year." I-I) Any PROJECT funds made available by the DEPARTMENT pursuant to this Agreement which are determined by the DEPARTMENT to have been expended by the COUNTY in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the DEPARTMENT. Acceptance by the DEPARTMENT of any documentation or certifications, mandatory or otherwise permitted, that the COUNTY files shall not constitute a waiver of the DEPARTMENT'S rights as the funding agency to verify all information at a later date by audit or investigation. I) Travel costs will not be reimbursed. J) 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 years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 4. CAPITAL IMPROVEMENTS AND ROADWAY LEVEL OF SERVICE A) The PROJECT must be identified in the capital improvements element of the comprehensive plan that has been determined to be in compliance with Part II of Chapter 163, F.S. and with local government comprehensive plan policies relative to corridor management. The DEPARTMENT shall give priority consideration to projects with committed local funds. The PROJECT must be identified as a funded project in the capital improvements element. The capital improvements element must also include standards to ensure the availability of transportation facilities and the adequacy of those facilities to meet established acceptable levels of service. The intergovernmental 5 CD 1 C FINANCIAL PROJECT NO.:425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 6 of 16 coordination element requires coordination in establishing level of service standards for transportation facilities operated and maintained by the DEPARTMENT. B) The logical termini for the PROJECT CR 951 (Collier Boulevard) from Green Boulevard to Golden Gate Boulevard. C) The level of service (LOS) for the segment of (name the facility) between the logical termini for this PROJECT, as set forth above, shall be designated by COUNTY. The adopted LOS for this segment is D. Upon implementation of the PROJECT, the anticipated LOS for this segment is LOS D. D) Upon the COUNTY election, the COUNTY may update its comprehensive plan to reflect the improved level of service for the segment (CR 951 Collier Boulevard) between the logical termini for this Project. 5. IN-KIND SERVICES AND RIGHT OF WAY DONATIONS (if applicable) A) In-kind services are goods, commodities, or services received in lieu of cash payments. Goods and commodities should be valued based on their current market value. B) Property donated by local governments for right of way as the local share for a qualified project, must comply with the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601, et sec., and implementing federal regulations, 49 CFR Part 24 and 23 CFR Part 710, if federal funds will be used in any phase of the project. Other requirements for the acquisition of rights of way should be determined in accordance with guidelines established by the Office of Right of Way. C) The DEPARTMENT has established specific right of way acquisition guidelines for the Transportation Regional Incentive Program. These guidelines can be found at http://www.dot.state.fl.us/planning/TRIP/RW-contributions.pdf and are incorporated into this Agreement by reference. D) The excess of an in-kind match valued in excess of the required match will not generally be applied towards another project. On a case by case basis, an exception may be made for project segments in a regional corridor that are part of an implementation plan for that corridor. 6. INDEMNITY AND INSURANCE A) INDEMNITY i) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/sub-consultants, who perform work in connection with this Agreement: "The contractor/consultant shall indemnify, defend, save, and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of 6 C.fD) FINANCIAL PROJECT NO.: 425840 1 58 01 1 C COLLIER COUNTY CONTRACT NO.: Page 7 of 16 because of, or due to any negligent act or occurrence of omission or commission of the contractor/consultant, its officers, agents, or employees." B) LIABILITY INSURANCE. i) The COUNTY or cause its contractor/consultant to carry and keep in force during the period of this Agreement a general liability policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and subject to that limit per person $5,000,000 for each occurrence, and property damage insurance of at least $50,000 for each occurrence and subject to that limit for each occurrence a total of $100,000 during the policy period, for the services to be rendered in accordance with this Agreement. However, in the event the COUNTY maintains a self-insurance fund to cover such liability, the COUNTY agrees to maintain sufficient reserves in the fund to pay the above-described liability limits. In addition to any other forms of insurance or bonds required under the terms of this Agreement, the COUNTY must comply or cause its contractor to comply with Section 7-13 of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2010), as amended. The DEPARTMENT must be included as an additional insured party on the liability insurance policies described in this Agreement. C) WORKERS' COMPENSATION. i) The COUNTY shall also carry or cause its contractor/consultant to keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law. 7. COMPLIANCE WITH LAWS A) The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F. S., made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B) The COUNTY shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. C) No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D) The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out in Section 337.274, F. S. 8. AUDIT AND MONITORING REQUIREMENTS 7 C) 11C FINANCIAL PROJECT NO.: 425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 8 of 16 The administration of resources awarded by the Department to Collier County 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, F.S., 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 recipient 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 recipient agrees to comply with any additional instructions provided by the Department staff to Collier County regarding such audit. Collier County further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer(CFO) or Auditor General. Audits 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: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. 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 recipient 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 recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient 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 recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, 8 1 ,E FINANCIAL PROJECT NO.:425840 1 58 01 11C COLLIER COUNTY CONTRACT NO.: Page 9 of 16 the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient 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 recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient 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. 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 recipient 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 recipient 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 recipient 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 recipient 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 recipient's resources obtained from other than State entities). 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. 9 FINANCIAL PROJECT NO.: 425840 1 5 011 COLLIER COUNTY CONTRACT NO.: Page 10 of 16 PART III: OTHER AUDIT REQUIREMENTS The recipient 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 FDOT, 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 each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit(dot.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) 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 10th 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 10 11C FINANCIAL PROJECT NO.: 425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 11 of 16 revised, is not required to be submitted to the Department for reasons pursuant to 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 each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit u,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 each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit @dot.state.fl.us Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit(uidot.state.fl.us B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 3. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: II ) FINANCIAL PROJECT NO.:425840 1 58 1 C COLLIER COUNTY CONTRACT NO.: Page 12 of 16 A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAuditadot.state.fl.us 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. 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. PART 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. 9. TERMINATION AND DEFAULT A) This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon sixty (60) days written notice. If the DEPARTMENT is terminating the Agreement, the DEPARTMENT shall notify the COUNTY of such termination with instructions as to the effective date of termination or specify the state of work at which the Agreement is to be terminated. B) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of(a) immediately terminating the AGREEMENT, or (b) notifying the COUNTY 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 Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. 12 11C FINANCIAL PROJECT NO.: 425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 13 of 16 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 COUNTY. 10. 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 COUNTY. C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY 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 COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default exists 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. The parties agree that all commitments, agreements, or understandings concerning the subject matter of this Agreement are 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 by the COUNTY and the DEPARTMENT. E) If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. F) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. 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 and accepted and payment made by the DEPARTMENT or terminated in accordance with Section 9 Termination and Default. H) An entity or affiliate which 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 13 (Th 1 I FINANCIAL PROJECT NO.:425840 1 C COLLIER COUNTY CONTRACT NO.: Page 14 of 16 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. 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 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, F. S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. J) The COUNTY: i) 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 COUNTY during the term of the contract; and ii) 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. Rest of this page intentionally left blank. 14 FINANCIAL PROJECT NO.:425840 1 58 0 1 C COLLIER COUNTY CONTRACT NO.: Page 15 of 16 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf, by the Chairman of the Board of County Commissioners or its designee, as authorized by Resolution Number w`-t. -9 4 and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: COLLIER COUNTY, FLORIDA ATT ST ., sv. / ' s —4 t CLERKAttesf a to Chairman's (Seal) (CHAIRRMAN OR DESIGNEE Signitvrp or Iv, 1b l (LI TOM HENNING 5/13/14 Date Print Name Date COUNTY LEGAL REVIEW: Approved as to form and legality: BY: �-3trip 01 I /It L 5h31/1 Scott R. Teach, Deputy County Attorney Date 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 Review: By: Date 15 -0 FINANCIAL PROJECT NO.:425840 1 58 0 1 C COLLIER COUNTY CONTRACT NO.: Page 16 of 16 Availability of Funds Approval: Date 16 11C EXHIBIT "A" SCOPE OF SERVICES Financial Management Numbers: 425840-1-58-01 CR 951 (Collier Boulevard) from Green Boulevard to Golden Gate Boulevard The general objective is for Collier County to provide contract administration, management services, construction engineering and inspection services and quality acceptance reviews of all work associated with the construction of the associated improvements. Services performed shall be in conformity with the Contract Plans and Project Specifications. The services performed shall be in accordance with the FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways and applicable County manuals, guidelines and specifications. The project involves construction of widening the existing four-lane divided facility to a six-lane divided facility. The improvement will begin approximately 900 feet south of the existing intersection of Green Boulevard and continues generally north ending at the intersection with Golden Gate Boulevard, a distance of approximately 2.187 miles. Additionally, intersection improvements will be included at the Green Boulevard, Pine Ridge Road/White Boulevard and Golden Gate Boulevard intersections. The widened typical section will be an urban section comprised of three travel lanes and 4 foot bicycle lanes in each direction. A 6-foot concrete sidewalk will be provided on the west side and a 10-foot concrete sidewalk will be provided on the east side of the roadway. Deliverables included in the Scope of Services are as follows: I. Prepare bid package and specifications for bidding process. Award bid to contractor. 2. Provide Construction Engineering and Inspection (CEI) and Quality Assurance Engineering to document construction as per specifications. 3. Furnish and install pavement structure, curb and gutter and sidewalk as identified in plans, for approximately 2.187 miles of CR 951 (Collier Boulevard). 4. Furnish and install drainage improvements, as identified in the plans, to accommodate the proposed improvement. Includes stormwater management facilities and all specified appurtenances and requirements. 5. Maintain existing traffic during the entire construction period. 6. Furnish and install signing and pavement markings to meet the latest MUTCD standards. 7. Construct or reconstruct, as appropriate, side streets and turnout connections. 8. Furnish and install mast arms and signalization equipment and associated appurtenances for full signalization of the Green Boulevard, Pine Ridge Road/White Boulevard and Golden Gate Boulevard intersections. Includes full pedestrian features, optical vehicle detection and internally illuminated signs. Page 1 of 2 T 11C i 9. Furnish and install light poles and associated appurtenances for full lighting of the project limits. 10. Coordinate relocation of all affected utilities within the project limits. 11. Provide, upon completion of construction, Final As-built Construction Plans, signed and sealed by a Professional Engineer, registered in the State of Florida. 12. 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. Rest of this page intentionally left blank Page 2 of 2 11C EXHIBIT "B" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 425840 1 58 01 Construction Contract to be awarded by November 4, 2014_. Construction Contract to be completed by January, 2017. Rest of this page intentionally left blank Page 1of1 11C EXHIBIT "C" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 425840 1 58 01 By and through this Transportation Regional Incentive Grant Program Agreement with the COUNTY, the DEPARTMENT agrees to reimburse the COUNTY up to, but not to exceed $6,807,645.00 (Six Million Eight Hundred Seven Thousand Six Hundred Forty-Five Dollars) programmed in FY 2013/2014 and $1,236,285.00 (One Million Two Hundred Thirty-Six Thousand Two Hundred Eighty-Five Dollars) programmed in FY 2014/2015 and subject to legislative appropriation for actual costs incurred on this Project, excluding COUNTY overhead. Rest of this page intentionally left blank Page 1 of 1 11C EXHIBIT "D" TERMS & CONDITIONS OF CONSTRUCTION I. The COUNTY is authorized, subject to the conditions set forth herein, to enter the DEPARTMENT'S Right-of-way 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 COUNTY 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 COUNTY 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 COUNTY shall assure that the Engineer of Record performs all necessary post-design services that may be required. 2. The COUNTY 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 COUNTY 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 COUNTY 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 COUNTY 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 COUNTY will comply with all terms and conditions of such permit in construction of the subject facilities. 4. This Agreement shall act to supersede the normal requirements of the COUNTY 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. 5. 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 COUNTY right-of-way nor the placing of facilities upon DEPARTMENT and/or COUNTY land shall operate to create or vest any property right in the COUNTY except as otherwise provided in separate agreements. Page 1 of 3 11C 6. The DEPARTMENT shall appoint and authorize a single individual to serve as the DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of COUNTY activities pursuant to this Agreement. The COUNTY 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 COUNTY shall hire a DEPARTMENT prequalified contractor using the COUNTY'S normal bid procedures to perform the construction work for the Project. 8. The COUNTY shall hire a DEPARTMENT qualified CEI firm to perform Verification Testing in accord with the 2010 Standard Specifications for Road and Bridge Construction, and as amended from time to time. The DEPARTMENT shall have the right, but not the 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. 9. The COUNTY shall require the COUNTY'S contractor to post a bond in accordance with Section 337.18, Florida Statutes. 10. The COUNTY 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 COUNTY shall immediately make any necessary changes and notify the DEPARTMENT and the Engineer of Record after the modifications. 11. The DEPARTMENT may request and shall be granted a conference with the COUNTY and at the COUNTY'S option, the COUNTY'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 COUNTY 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. 12. The COUNTY 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 COUNTY is further obligated to make such changes to the maintenance of traffic plans as may be necessary. During construction, the COUNTY 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 COUNTY may assign the responsibility of this paragraph to the Contractor or its' CEI for the construction of the Project. Page 2 of 3 11C 13. Prior to the Project bidding, the COUNTY 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. 14. 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 COUNTY. Any additional right or privilege required to undertake and to complete construction of the Project shall be secured by the COUNTY. 15. Upon completion of the work in accord with the Plans, the COUNTY 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 COUNTY 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 and turned over to the DEPARTMENT. 16. In the event contaminated soil is encountered by the COUNTY or anyone within the DEPARTMENT right of way, the COUNTY shall immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate with the appropriate agencies and notify the COUNTY of any required action related thereto. 17. It is acknowledged by the parties that construction plans and specifications are still being prepared by the COUNTY 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 1 and all required right-of-way has been properly obtained and certified (if applicable) as such by the DEPARTMENT's Right of Way Manager. 18. If applicable, the COUNTY shall assure that load ratings are 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 11C EXHIBIT "E" NOTICE OF COMPLETION TRANSPORTATION REGIONAL INCENTIVE GRANT PROGRAM AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION And COLLIER COUNTY PROJECT DESCRIPTION: CR 951 (Collier Blvd) from Green Blvd to Golden Gate Blvd FINANCIAL MANAGEMENT ID# 425840 1 58 01 In accordance with the Terms and Conditions of the TRANSPORTATION REGIONAL INCENTIVE GRANT PROGRAM 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 TRANSPORTATION REGIONAL INCENTIVE GRANT PROGRAM 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 COUNTY shall furnish the DEPARTMENT a set of"as-built" plans certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: Page 1 of 1 11C EXHIBIT "F" AUDIT STATE RESOURCES Agency: Florida Department of Transportation Catalog of State Financial Assistance: Transportation Regional Incentive Program (55.026) Amount: $8,043,930.00 Compliance Requirements Transportation Regional Incentive Program Grant 1. The project must be regionally significant and derived from a regional transportation plan. 2. The regional transportation plan must be created by a regional transportation area created pursuant to Section 339.155, Florida Statutes. 3. The project must meet the minimum eligibility criteria listed in Section 339.2819 Florida Statutes. 4. Funds will only be provided for capital expenses not to exceed 50 percent of project costs. Operations are not covered through Transportation Regional Incentive Program. 5. The project is included or eligible for inclusion in the Department's adopted Work Program pursuant to Section 339.135, Florida Statutes. *If the PROJECT is not in these plans, it must be amended into them within six months of application. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit A be provided to the recipient. Rest of this page intentionally left blank Page 1 of 1 11C FM#425840-1-58-01 FIRST AMENDMENT TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AGREEMENT TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT CHAIRMAN As of COLLIER COUNTY, FLORIDA When signed by Collier County and the State of Florida, Department of Transportation in the places provided below, the following shall constitute the First Amendment (the "Amendment") to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION REGIONAL INCENTIVE GRANT PROGRAM AGREEMENT(hereinafter, "AGREEMENT") between Collier County and the State of Florida, Department of Transportation dated , as in force immediately prior to the execution of this First Amendment: 1. Section 3, paragraph B is amended as follows: 3. COMPENSATION AND PAYMENT The estimated total cost as set forth in the DEPARTMENT'S adopted work program for this PROJECT in fiscal years 2013/2014 and 2014/2015 is $16,087,860.00 (Sixteen Million Eighty-Seven Thousand Eight Hundred Sixty Dollars). The estimated COUNTY share of the PROJECT is $8,043,930.00 (Eight Million Forty-Three Thousand Nine Hundred Thirty Dollars). The estimated DEPARTMENT share of the PROJECT is $6,807,645.00 (Six Million Eight Hundred Seven Thousand Six Hundred Forty-Five Dollars) programmed in fiscal year 2013/2014 and $1,236,285.00 (One Million Two Hundred Thirty-Six Thousand Two Hundred Eighty-Five Dollars) programmed in fiscal year 2014/2015. The amounts are outlined in Exhibit C (Schedule of Funding) which is attached to and made a part of this Agreement. The parties further agree all remaining costs of the PROJECT will be borne by the COUNTY. 2. EXHIBIT"C" is amended as attached. Rest of this page intentionally left blank. 1 1 This 1st Amendment shall become effective on: Department to enter date. ACKNOWLEDGED AND AGREED TO: COLLIER COUNTY, FLORIDA �tATTES \ tes4 as its Char ales - CLERK t as (Seal) AI MAN 1 t I (9 TOM HENNING 5/13/14 DATE PRINT NAME DATE COUNTY LEGAL REVIEW: BY: 194- DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST , BY: . EXECUTIVE SECRETARY (SEAL) DISTRICT ONE SECRETARY OR DESIGNEE PRINT NAME DATE PRINT NAME DATE FOOT LEGAL REVIEW: Ely DATE 01 M1.) ' IC FDcñ5Z� F lorida Department of Transportation RICK SCOTT 10041 Daniels Parkway ANANTH PRASAD,P.E. GOVERNOR Fort Myers, FL 33913 SECRETARY August 5, 2014 Ms. Teresa Cannon Deputy Clerk Collier County Government Minutes & Records, Suite#401 3299 Tamiami Trail East Naples, Florida 34112 RE: Executed Transportation Regional Incentive Program (TRIP) 1st Amendment Financial Project No.: 425840-1-58-01 Description: CR 951 (Collier Blvd) from Green Blvd to Golden Gate Blvd. Dear Ms. Cannon: Enclosed is one(1) fully executed 1St amendment for your file. Should you have any questions, please feel free to contact me at (239) 225-1972. Sincerely, Kr/AztAll4 aren A. Miracola District JPA/LFA Coordinator Cc: Marlene Messam, Collier County Senior Project Manager Rick J. Arico, P.E., Project Manager, MS 1-98 www.dot.state.fl.us C FM#425840-1-58-01 FIRST AMENDMENT TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AGREEMENT TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT CHAIRMAN As of 7/30/f V COLLIER COUNTY,FLORIDA When signed by Collier County and the State of Florida, Department of Transportation in the places provided below, the following shall constitute the First Amendment (the "Amendment") to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION REGIONAL INCENTIVE GRANT PROGRAM AGREEMENT(hereinafter, "AGREEMENT") between Collier County and the State of Florida, Department of Transportation dated 5130/ZDl y , as in force immediately prior to the execution of this First Amendment: 1. Section 3, paragraph B is amended as follows: 3. COMPENSATION AND PAYMENT The estimated total cost as set forth in the DEPARTMENT'S adopted work program for this PROJECT in fiscal years 2013/2014 and 2014/2015 is $16,087,860.00 (Sixteen Million Eighty-Seven Thousand Eight Hundred Sixty Dollars). The estimated COUNTY share of the PROJECT is $8,043,930.00 (Eight Million Forty-Three Thousand Nine Hundred Thirty Dollars). The estimated DEPARTMENT share of the PROJECT is $6,807,645.00 (Six Million Eight Hundred Seven Thousand Six Hundred Forty-Five Dollars) programmed in fiscal year 2013/2014 and $1,236,285.00 (One Million Two Hundred Thirty-Six Thousand Two Hundred Eighty-Five Dollars) programmed in fiscal year 2014/2015. The amounts are outlined in Exhibit C (Schedule of Funding) which is attached to and made a part of this Agreement. The parties further agree all remaining costs of the PROJECT will be borne by the COUNTY. 2. EXHIBIT"C" is amended as attached. Rest of this page intentionally left blank. V This 1st Amendment shall become effective on: a3o) f Department to enter date. ACKNOWLEDGED AND AGREED TO: COLLIER COUNTY,FLORIDA tATTES wU CLERK Attest as t Cha rmarl s (Seal) AI'MAN P finature only. TOM HENNING 5/13/14 DATE PRINT NAME DATE COUNTY LEGAL REVIEW: BY: DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST C BY: i 2.441; /h,' EXECUTIV' SECRETARY (SEAL) DISTRICT ONE SECRETARY OR DESIGNEE /d ne- Y r0,00� ( /4, qe2ra INT NAME DATE PRINT NAME DATE FDOT LEGAL REVIEW: BY 7/3 /h DATE EXHIBIT "C" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 425840 1 58 01 By and through this Transportation Regional Incentive Grant Program Agreement with the COUNTY, the DEPARTMENT agrees to reimburse the COUNTY up to, but not to exceed $8,043,930.00 (Eight Million Forty-Three Thousand Nine Hundred Thirty Dollars) programmed in FY 2013/2014 and in FY 2014/2015 and subject to legislative appropriation for actual costs incurred on this Project, excluding COUNTY overhead. Rest of this page intentionally left blank Page 1 of 1 FDOT , .. 1------ ... Florida Department of Transportation RICK SCOTT 10041 Daniels Parkway ANANTH P D,P.E._ GOVERNOR Fort Myers, FL 33913 - S R� r c._ .)-11 X I 2.rfl r �© c) -v June 3, 2014 c = ..^w r- ...4 t c3 Q, a Ms. Teresa Cannon Deputy Clerk Collier County Government Minutes & Records, Suite#401 3299 Tamiami Trail East Naples, Florida 34112 RE: Executed Transportation Regional Incentive Program (TRIP) Agreement Financial Project No.: 425840-1-58-01 Description: CR 951 (Collier Blvd) from Green Blvd to Golden Gate Blvd. Dear Ms. Cannon: Enclosed is one (1) fully executed agreement for your file. Should you have any questions, please feel free to contact me at(239) 225-1972. Sincerely, e I , 1(2 rat....e-06_ t aren A. Miracola II istrict JPA/LFA Coordinator Cc: Marlene Messam, Collier County Senior Project Manager Rick J. Arico, P.E., Project Manager, MS 1-98 www.dot.state.fl.us s FINANCIAL PROJECT NO.:425840 1 58 I 1 C COLLIER COUNTY CONTRACT NO.:,4/V '3 Page 1 of 16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT This Transportation Regional Incentive Program Agreement ("Agreement") is between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, ("DEPARTMENT") and COLLIER COUNTY, (COUNTY). RECITALS A. The DEPARTMENT has the authority, under Section 334.044, Florida Statutes (F.S.) to enter into this Agreement. B. The Transportation Regional Incentive Program was created by Section 339.2819, F.S. to provide funds to improve regionally significant transportation facilities in "regional transportation areas" created pursuant to Section 339.155, F.S. C. The COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of Section 339.2819, F.S. D The Collier County and Lee County Metropolitan Planning Organizations, acting as a designated regional partnership under Fla. Stat §339.155 (5)(c), and formed by an interlocal agreement amended October 21, 2011 designated CR 951 (Collier Boulevard) as a regional facility by resolution, a copy of which is incorporated into this Agreement and attached as Exhibit 1. D. The DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. 425840-1-58-01 ("PROJECT") in accordance with Section 339.2819, F.S. E. The COUNTY by Resolution No.2.0‘41M dated the/3 day of 192 4y , 2014, a copy of which is attached to and made a part of this Agreement as Exhibit 2, has authorized the Chairman of its Board of Commissioners or designee to enter into this Agreement. AGREEMENT In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1. SERVICES AND PERFORMANCE A) The PROJECT consists of construction of CR 951(Collier Boulevard) from Green Boulevard to Golden Gate Boulevard a new six-lane divided facility as further described in Exhibit A which is attached to and made a part of this Agreement. B) The COUNTY agrees to undertake the construction of the PROJECT in accordance with all applicable, federal, state and local statutes, rules and regulations, and standards. The COUNTY shall be responsible for obtaining clearances/permits required for the construction of the PROJECT from the appropriate permitting authorities. Upon 1 11C FINANCIAL PROJECT NO.: 425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 2 of 16 completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the applicable standards, statutes, rules and regulations in writing as provided in Exhibit E (Notice of Completion) which is attached to and made a part of this Agreement. C) The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. The COUNTY shall provide the DEPARTMENT with quarterly progress reports. D) Vendors/Contractors: a) 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; and b) 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) The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. F) The COUNTY 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 COUNTY shall request a Notice to Proceed from the DEPARTMENT'S Construction Project Manager, Rick J. Arico, at (239-225-1973) or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. G) All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Rick J. Arico, P.E. Marlene Messam Project Manager Senior Project Manager, TECM 10041 Daniels Parkway 2885 Horseshoe Drive South Fort Myers, Florida 33913 Naples, Florida 34104 2. TERM A) The COUNTY shall perform the PROJECT activities in accordance with the following schedule as further described in Exhibit B (Schedule of Services) which is attached and made a part of this Agreement: 2 CA lic FINANCIAL PROJECT NO.:425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 3 of 16 (1) Construction contract to be let on or before August 2014. (2) Construction to be completed on or before January 2017. B) This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement and contingent upon the DEPARTMENT'S District Secretary's or Designee's Approval. 3. COMPENSATION AND PAYMENT A) The COUNTY and the DEPARTMENT agree to share the cost of this PROJECT FM# 425840 1 58 01 pursuant to Section 339.2819, F.S. B) The estimated total cost as set forth in the DEPARTMENT'S adopted work program for this PROJECT in fiscal years 2013/2014 and 2014/2015 is $16,087,860.00 (Sixteen Million Eighty-Seven Thousand Eight Hundred Sixty Dollars). The estimated COUNTY share of the PROJECT is $8,043,930.00 (Eight Million Forty-Three Thousand Nine Hundred Thirty Dollars). The estimated DEPARTMENT share of the PROJECT is $6,807,645.00 (Six Million Eight Hundred Seven Thousand Six Hundred Forty-Five Dollars) programmed in fiscal year 2013/2014 and $1,236,285.00 (One Million Two Hundred Thirty-Six Thousand Two Hundred Eighty-Five Dollars) programmed in fiscal year 2014/2015. The fiscal year 2014/2015 funding shall be incorporated via an amendment into this agreement when funds become available in July, 2014. The amounts are outlined in Exhibit C (Schedule of Funding) which is attached to and made a part of this Agreement. The parties further agree all remaining costs of the PROJECT will be borne by the COUNTY. i) In the event the COUNTY proceeds with the construction of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). ii) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. C) The County shall provide quantifiable, measurable and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. Said deliverables are described and contained in Exhibit A (Scope of Service) attached hereto. D) Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT under Section 334.044 (29), F.S. Invoices (3 copies) shall be submitted by the COUNTY in detail sufficient for a proper pre-audit and post audit thereof, based on the quantifiable, measurable, and 3 1 1 C FINANCIAL PROJECT NO.:425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 4 of 16 verifiable units of deliverables as established in Exhibit A (Scope of Services). Deliverables must be received and accepted in writing by the DEPARTMENT'S Project Manager prior to payments. E) Entities providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt the DEPARTMENT has 5 working days to inspect and approve the goods and services. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 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 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S. will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices that have to be returned to the COUNTY because of COUNTY 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 COUNTIES 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. F) Funds transferred to the COUNTY by the DEPARTMENT shall be segregated from other funds and invested by the COUNTY until their actual expenditure, in such income or revenue-producing investments as authorized by law for other COUNTY funds. All income, interest, or other revenues obtained from such investment shall be considered funds of the DEPARTMENT. The income, interest, or other revenues shall be remitted to the DEPARTMENT on a quarterly basis within fifteen (15) days of the close of the months March, June, September, and December, regardless of the month in which funds were received. Upon completion of the PROJECT, all remaining income, interest, or other revenues shall be returned to the DEPARTMENT. All refund or interest checks shall be made payable to: Florida Department of Transportation, and mailed to the DEPARTMENT address in Paragraph 1.F) of this Agreement; with the Project Number referenced and information included that identifies the interest period, amount of interest earned by account, name of depository, and interest rate. The documentation submitted to support interest earnings should include copies of bank or investment account statements, computational work sheets, etc. G) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), F.S., are incorporated: 4 CD 11c FINANCIAL PROJECT NO.:425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 5of16 "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 1 year, but any contract so made shall be executor 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 dollars and which have a term for a period of more than 1 year." H) Any PROJECT funds made available by the DEPARTMENT pursuant to this Agreement which are determined by the DEPARTMENT to have been expended by the COUNTY in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the DEPARTMENT. Acceptance by the DEPARTMENT of any documentation or certifications, mandatory or otherwise permitted, that the COUNTY files shall not constitute a waiver of the DEPARTMENT'S rights as the funding agency to verify all information at a later date by audit or investigation. I) Travel costs will not be reimbursed. J) 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 years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 4. CAPITAL IMPROVEMENTS AND ROADWAY LEVEL OF SERVICE A) The PROJECT must be identified in the capital improvements element of the comprehensive plan that has been determined to be in compliance with Part II of Chapter 163, F.S. and with local government comprehensive plan policies relative to corridor management. The DEPARTMENT shall give priority consideration to projects with committed local funds. The PROJECT must be identified as a funded project in the capital improvements element. The capital improvements element must also include standards to ensure the availability of transportation facilities and the adequacy of those facilities to meet established acceptable levels of service. The intergovernmental 5 a , FINANCIAL PROJECT NO.:425840 1 5 1 C COLLIER COUNTY CONTRACT NO.: Page 6 of 16 coordination element requires coordination in establishing level of service standards for transportation facilities operated and maintained by the DEPARTMENT. B) The logical termini for the PROJECT CR 951 (Collier Boulevard) from Green Boulevard to Golden Gate Boulevard. C) The level of service (LOS) for the segment of (name the facility) between the logical termini for this PROJECT, as set forth above, shall be designated by COUNTY. The adopted LOS for this segment is D. Upon implementation of the PROJECT, the anticipated LOS for this segment is LOS D. D) Upon the COUNTY election, the COUNTY may update its comprehensive plan to reflect the improved level of service for the segment (CR 951 Collier Boulevard) between the logical termini for this Project. 5. IN-KIND SERVICES AND RIGHT OF WAY DONATIONS (if applicable) A) In-kind services are goods, commodities, or services received in lieu of cash payments. Goods and commodities should be valued based on their current market value. B) Property donated by local governments for right of way as the local share for a qualified project, must comply with the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601, et sec., and implementing federal regulations, 49 CFR Part 24 and 23 CFR Part 710, if federal funds will be used in any phase of the project. Other requirements for the acquisition of rights of way should be determined in accordance with guidelines established by the Office of Right of Way. C) The DEPARTMENT has established specific right of way acquisition guidelines for the Transportation Regional Incentive Program. These guidelines can be found at http://www.dot.state.fl.us/planning/TRIP/RW-contributions.pdf and are incorporated into this Agreement by reference. D) The excess of an in-kind match valued in excess of the required match will not generally be applied towards another project. On a case by case basis, an exception may be made for project segments in a regional corridor that are part of an implementation plan for that corridor. 6. INDEMNITY AND INSURANCE A) INDEMNITY i) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/sub-consultants, who perform work in connection with this Agreement: "The contractor/consultant shall indemnify, defend, save, and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, 6 FINANCIAL PROJECT NO.:425840 1 511 1 C COLLIER COUNTY CONTRACT NO.: Page 7 of 16 because of, or due to any negligent act or occurrence of omission or commission of the contractor/consultant, its officers, agents, or employees." B) LIABILITY INSURANCE. i) The COUNTY or cause its contractor/consultant to carry and keep in force during the period of this Agreement a general liability policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and subject to that limit per person $5,000,000 for each occurrence, and property damage insurance of at least $50,000 for each occurrence and subject to that limit for each occurrence a total of $100,000 during the policy period, for the services to be rendered in accordance with this Agreement. However, in the event the COUNTY maintains a self-insurance fund to cover such liability, the COUNTY agrees to maintain sufficient reserves in the fund to pay the above-described liability limits. In addition to any other forms of insurance or bonds required under the terms of this Agreement, the COUNTY must comply or cause its contractor to comply with Section 7-13 of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2010), as amended. The DEPARTMENT must be included as an additional insured party on the liability insurance policies described in this Agreement. C) WORKERS' COMPENSATION. i) The COUNTY shall also carry or cause its contractor/consultant to keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law. 7. COMPLIANCE WITH LAWS A) The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F. S., made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B) The COUNTY shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. C) No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D) The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out in Section 337.274, F. S. 8. AUDIT AND MONITORING REQUIREMENTS 7 11C FINANCIAL PROJECT NO.:425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 8 of 16 The administration of resources awarded by the Department to Collier County 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, F.S., 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 recipient 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 recipient agrees to comply with any additional instructions provided by the Department staff to Collier County regarding such audit. Collier County further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer(CFO) or Auditor General. Audits 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: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. 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 recipient 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 recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient 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 recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, 8 FINANCIAL PROJECT NO.:425840 1 58'011 1c COLLIER COUNTY CONTRACT NO.: Page 9 of 16 the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient 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 recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient 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. 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 recipient 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 recipient 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 recipient 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 recipient 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 recipient's resources obtained from other than State entities). 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. 9 FINANCIAL PROJECT NO.:425840 1 58 1 DT 1 C COLLIER COUNTY CONTRACT NO.: Page 10 of 16 PART III: OTHER AUDIT REQUIREMENTS The recipient 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 FDOT, 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 each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit @dot.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) 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 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), 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 10 11c FINANCIAL PROJECT NO.:425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 11 of 16 revised, is not required to be submitted to the Department for reasons pursuant to 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 each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@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 each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit @dot.state.fl.us Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit @dot.state.fl.us B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 3. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: 11 041 FINANCIAL PROJECT Ng.:425840 1 58 01. 1 C OILIER COUNTY CONTRACT NO.: Page 12 of 16 A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit @dot.state.fl.us 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. 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. PART 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. 9. TERMINATION AND DEFAULT A) This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon sixty (60) days written notice. If the DEPARTMENT is terminating the Agreement, the DEPARTMENT shall notify the COUNTY of such termination with instructions as to the effective date of termination or specify the state of work at which the Agreement is to be terminated. B) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of(a) immediately terminating the AGREEMENT, or (b) notifying the COUNTY 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 Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. 12 T N :42 840 1 58 OT 1 FINANCIAL PROJECT O.. 5 COLLIER COUNTY CONTRACT NO.: Page 13 of 16 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 COUNTY. 10. 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 COUNTY. C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY 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 COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default exists 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. The parties agree that all commitments, agreements, or understandings concerning the subject matter of this Agreement are 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 by the COUNTY and the DEPARTMENT. E) If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. F) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. 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 and accepted and payment made by the DEPARTMENT or terminated in accordance with Section 9 Termination and Default. H) An entity or affiliate which 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 13 a7 FINANCIAL PROJECT NO.: 425840 1 581 1 C COLLIER COUNTY CONTRACT NO.: Page 14 of 16 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. 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 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, F. S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. J) The COUNTY: i) 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 COUNTY during the term of the contract; and ii) 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. Rest of this page intentionally left blank. 14 11 .c FINANCIAL PROJECT NO.: 425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 15 of 16 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf, by the Chairman of the Board of County Commissioners or its designee, as authorized by Resolution Number 20( -94 and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: COLLIER COUNTY, FLORIDA / ' , TT ST'� Attest a to Chairman's - " 1 CLERK (Seal) CHAIRMAN OR DESIGNEE 5ignatttre Or v, "' 1 l 0 y TOM HENNING 5/13/14 Date Print Name Date COUNTY LEGAL REVIEW: Approved as to form and legality: BY: Dtf- iLL 5 /3 Scott R. Teach, Deputy County Attorney Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION A/ TEST n I / . ice/ By: at ,hd EXECUTIV' SECRETARY (Seal) DISTRICT SECRETARY OR DESIGNEE / DISTRICT ONE h /d, AL,n ciad. 513011 OAr,3 �,I 0,,,/ Print Nam= Date Print Name Date Fla. Dept. of Trans. Legal Review: ,/i JJ By: 4f• J4 4 l',,P,/y Date 15 0 11 .c FINANCIAL PROJECT NO.:425840 1 58 01 COLLIER COUNTY CONTRACT NO.: Page 16 of 16 Availability of Funds Approval: 5/a F/i y� Date 16 1 1 c EXHIBIT "A" SCOPE OF SERVICES Financial Management Numbers: 425840-1-58-01 CR 951 (Collier Boulevard) from Green Boulevard to Golden Gate Boulevard The general objective is for Collier County to provide contract administration, management services, construction engineering and inspection services and quality acceptance reviews of all work associated with the construction of the associated improvements. Services performed shall be in conformity with the Contract Plans and Project Specifications. The services performed shall be in accordance with the FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways and applicable County manuals, guidelines and specifications. The project involves construction of widening the existing four-lane divided facility to a six-lane divided facility. The improvement will begin approximately 900 feet south of the existing intersection of Green Boulevard and continues generally north ending at the intersection with Golden Gate Boulevard, a distance of approximately 2.187 miles. Additionally, intersection improvements will be included at the Green Boulevard, Pine Ridge Road/White Boulevard and Golden Gate Boulevard intersections. The widened typical section will be an urban section comprised of three travel lanes and 4 foot bicycle lanes in each direction. A 6-foot concrete sidewalk will be provided on the west side and a 10-foot concrete sidewalk will be provided on the east side of the roadway. Deliverables included in the Scope of Services are as follows: 1. Prepare bid package and specifications for bidding process. Award bid to contractor. 2. Provide Construction Engineering and Inspection (CEI) and Quality Assurance Engineering to document construction as per specifications. 3. Furnish and install pavement structure, curb and gutter and sidewalk as identified in plans, for approximately 2.187 miles of CR 951 (Collier Boulevard). 4. Furnish and install drainage improvements, as identified in the plans,to accommodate the proposed improvement. Includes stormwater management facilities and all specified appurtenances and requirements. 5. Maintain existing traffic during the entire construction period. 6. Furnish and install signing and pavement markings to meet the latest MUTCD standards. 7. Construct or reconstruct, as appropriate, side streets and turnout connections. 8. Furnish and install mast arms and signalization equipment and associated appurtenances for full signalization of the Green Boulevard, Pine Ridge Road/White Boulevard and Golden Gate Boulevard intersections. Includes full pedestrian features, optical vehicle detection and internally illuminated signs. Page 1 of 2 11C 9. Furnish and install light poles and associated appurtenances for full lighting of the project limits. 10. Coordinate relocation of all affected utilities within the project limits. 11. Provide, upon completion of construction, Final As-built Construction Plans, signed and sealed by a Professional Engineer, registered in the State of Florida. 12. 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. Rest of this page intentionally left blank Page 2 of 2 . 1 C EXHIBIT "B" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 425840 1 58 01 Construction Contract to be awarded by November 4, 2014_. Construction Contract to be completed by January,2017. Rest of this page intentionally left blank Page 1 of 1 11C EXHIBIT "C" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 425840 1 58 01 By and through this Transportation Regional Incentive Grant Program Agreement with the COUNTY, the DEPARTMENT agrees to reimburse the COUNTY up to, but not to exceed $6,807,645.00 (Six Million Eight Hundred Seven Thousand Six Hundred Forty-Five Dollars) programmed in FY 2013/2014 and $1,236,285.00 (One Million Two Hundred Thirty-Six Thousand Two Hundred Eighty-Five Dollars) programmed in FY 2014/2015 and subject to legislative appropriation for actual costs incurred on this Project, excluding COUNTY overhead. Rest of this page intentionally left blank Page 1 of 1 OVD 9 EXHIBIT "D" TERMS & CONDITIONS OF CONSTRUCTION 1. The COUNTY is authorized, subject to the conditions set forth herein, to enter the DEPARTMENT'S Right-of-way 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 COUNTY 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 COUNTY 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 COUNTY shall assure that the Engineer of Record performs all necessary post-design services that may be required. 2. The COUNTY 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 COUNTY 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 COUNTY 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 COUNTY 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 COUNTY will comply with all terms and conditions of such permit in construction of the subject facilities. 4. This Agreement shall act to supersede the normal requirements of the COUNTY 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. 5. 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 COUNTY right-of-way nor the placing of facilities upon DEPARTMENT and/or COUNTY land shall operate to create or vest any property right in the COUNTY except as otherwise provided in separate agreements. Page 1 of 3 11C 6. The DEPARTMENT shall appoint and authorize a single individual to serve as the DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of COUNTY activities pursuant to this Agreement. The COUNTY 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 COUNTY shall hire a DEPARTMENT prequalified contractor using the COUNTY'S normal bid procedures to perform the construction work for the Project. 8. The COUNTY shall hire a DEPARTMENT qualified CEI firm to perform Verification Testing in accord with the 2010 Standard Specifications for Road and Bridge Construction, and as amended from time to time. The DEPARTMENT shall have the right, but not the 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. 9. The COUNTY shall require the COUNTY'S contractor to post a bond in accordance with Section 337.18, Florida Statutes. 10. The COUNTY 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 COUNTY shall immediately make any necessary changes and notify the DEPARTMENT and the Engineer of Record after the modifications. 11. The DEPARTMENT may request and shall be granted a conference with the COUNTY and at the COUNTY'S option, the COUNTY'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 COUNTY 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. 12. The COUNTY 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 COUNTY is further obligated to make such changes to the maintenance of traffic plans as may be necessary. During construction, the COUNTY 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 COUNTY may assign the responsibility of this paragraph to the Contractor or its' CEI for the construction of the Project. Page 2 of 3 11C 13. Prior to the Project bidding, the COUNTY 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. 14. 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 COUNTY. Any additional right or privilege required to undertake and to complete construction of the Project shall be secured by the COUNTY. 15. Upon completion of the work in accord with the Plans, the COUNTY 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 COUNTY 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 and turned over to the DEPARTMENT. 16. In the event contaminated soil is encountered by the COUNTY or anyone within the DEPARTMENT right of way, the COUNTY shall immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate with the appropriate agencies and notify the COUNTY of any required action related thereto. 17. It is acknowledged by the parties that construction plans and specifications are still being prepared by the COUNTY 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 1 and all required right-of-way has been properly obtained and certified (if applicable) as such by the DEPARTMENT's Right of Way Manager. 18. If applicable, the COUNTY shall assure that load ratings are 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 11c EXHIBIT "E" NOTICE OF COMPLETION TRANSPORTATION REGIONAL INCENTIVE GRANT PROGRAM AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION And COLLIER COUNTY PROJECT DESCRIPTION: CR 951 (Collier Blvd) from Green Blvd to Golden Gate Blvd FINANCIAL MANAGEMENT ID# 425840 1 58 01 In accordance with the Terms and Conditions of the TRANSPORTATION REGIONAL INCENTIVE GRANT PROGRAM 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 TRANSPORTATION REGIONAL INCENTIVE GRANT PROGRAM 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 COUNTY shall furnish the DEPARTMENT a set of"as-built" plans certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: Page 1 of 1 1 1C EXHIBIT "F" AUDIT STATE RESOURCES Agency: Florida Department of Transportation Catalog of State Financial Assistance: Transportation Regional Incentive Program(55.026) Amount: $8,043,930.00 Compliance Requirements Transportation Regional Incentive Program Grant 1. The project must be regionally significant and derived from a regional transportation plan. 2. The regional transportation plan must be created by a regional transportation area created pursuant to Section 339.155, Florida Statutes. 3. The project must meet the minimum eligibility criteria listed in Section 339.2819 Florida Statutes. 4. Funds will only be provided for capital expenses not to exceed 50 percent of project costs. Operations are not covered through Transportation Regional Incentive Program. 5. The project is included or eligible for inclusion in the Department's adopted Work Program pursuant to Section 339.135, Florida Statutes. *If the PROJECT is not in these plans, it must be amended into them within six months of application. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit A be provided to the recipient. Rest of this page intentionally left blank Page 1 of 1