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Backup Documents 03/22/2016 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO �� A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT5/ �� 4. BCC Office Board of County .D7 b Z Commissioners c- -3\7_Ab 5. Minutes and Records Clerk of Court's Office 3/2_ 3:2 pir PRIMARY CONTACT INFORMATION �1Iib 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,may need to contact staff for additional or missing information. Name of Primary Staff . •.. :-.. - o .• ::- 'a Contact/ Department ``-b�,v%‘ .\\\ ts /t.r -7-52- Crn Agenda Date Item was March 22,2016 t Agenda Item Number 16A11 Approved by the BCC Type of Document Resolution/Joint Participation Agreement Number of Original One Attached Documents Attached PO number or account n/a number if document is to be recorded 77,t‘p— 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. Does the document require the chairman's original signature l ^SWF 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be S'__ signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. 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! Tr 8. The document was approved by the BCC on and all changes made during SRT the meeting have been incorporated in the attached document. The County a� Attorney's Office has reviewed the changes, if applicable. � , 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for they, • Chairman's signature. \-)\esa_sr__ cam- C-S<- •.•C. .\'\\23\.\Com`-t`-L� . ' \TNs,0 \\\CSN-1K c� I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING1L6 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T vv ll THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **Nt8VWINUZ:gUk Complete routing lines#1 through#2 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 routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 04/4 4. BCC Office Board of County bV Commissioners \rc/ 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff '.• .• - .••.;= Contact/ Department --\:),:70-\\c.\,. /—Frrsns,Arc:\ 252.- O"k-"l Agenda Date Item was March 22,2016 i Agenda Item Number 16A11 Approved by the BCC • Type of Document Resolution/Joint Participation Agreement Number of Original .=\.CSL\01r. Attached Documents Attached t•, .r �v >t-fNC)44CS PO number or account n/a number if document is c=`� to be recorded 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. Does the document require the chairman's original signature ' SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed 1 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9,03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Oouurity of Collier 1bA11 CLERK OF THE)CIRUIT COURT Dwight E. Brock COLLIER COU14,TY COf*THOUSE Clerk of Courts � Clerk of Courts 3315 TAMIAMI TRL E STE 102:, P.O.BOX 413044 Accountant NAPLES,FLORIDA `• ,- NAPLES,FLORIDA Cut odian of County Funds 34112-5324 �_) ;34101-3044 tY March 29, 2016 Jim Martin, Local Program Coordinator FDOT District#1 Office 801 N. Broadway Avenue Bartow, FL 33830 Re: Resolution 2016-50: Authorizing A Joint Participation Agreement between the Board of County Commissioners of Collier County Florida and Florida Department of Transportation providing for up to $759,125 in reimbursement surrounding the State Highway System Signal Priority Preemption Expansion Project (FM #435335-1-58-01) Mr. Martin, Attached for further processing are two (2) certified copies of the resolution and three (3) original copies of the accompanying agreement referenced above, approved by the Collier County Board of County Commissioners on Tuesday, March 22, 2016. If your office requires further information, please feel free to contact our office at 239-252-8406. Thank you, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachments (3) Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com 16A11 RESOLUTION NO. 2016 - 5 0 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, APPROVING, AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PERTAINING TO THE COUNTY WIDE STATE HIGHWAY SYSTEM SIGNAL PRIORITY PREEMPTION EXPANSION PROJECT (FM #435338 -1 -58- 0l ). WHEREAS, the Florida Department of Transportation (hereafter, the FDOT) is prepared to commence the County Wide State Highway System Signal Priority Preemption Expansion project (FM #435338- 1- 58 -01) in accordance with its Five Year Work Program (the "Project "); and WHEREAS, the implementation of the Project is in the interests of FDOT and the Collier County Board of County Commissioners (the `Board ") and it is most practical, expeditious and economical for Collier County to perform the services necessary to complete the Project; and WHEREAS, on March 2016, the Board approved a Joint Participation Agreement with the Florida Department of Transportation establishing the terms, conditions, funding and implementation of the Project where Collier County would furnish the services required to complete the Project with reimbursement by the State up to the funded amount of $759, 125.00; and WHEREAS, the Board finds that the Agreement should be executed by its Chair and that this action is in the public interest and benefits the citizens of Collier County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners approves and authorizes its Chair to sign the Joint Participation Agreement with the Florida Department of Transportation pertaining to FM #435338- 1- 58 -01. 2. The Collier County Clerk is directed to forward a certified copy of this Resolution along with the attached Joint Participation Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 7-7 rjc� day of March, 2016. ATTEST: DWIGHT E. BROCK, Clerk By: �lerk Atte' signature only., Ap roved as to form and legality: 1Y Sbeft R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLORIDA By: Donna Piala, Chair Item # Jil:► . ` T Agenda Date Date Recd v puty lek) s1 16A11 Financial Management No.: 435338-1-58168-01 1 Fund: DDR Function: 215 FLAIR Approp: 088717 Agency: Collier County FLAIR Obj,: 134000 Contract No: Contract Amount: $759,125 Org. Code: 55014010106 Vendor No.: F59-6000558102 JOINT PARTICIPATION ACREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF' TRANSPORTATION AND COLLIER COUNTY This Agreement, made and entered into this day of 2016, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and the COLLIER COUNTY, a political subdivision of the State of Florida, existing under the Laws of Florida, (hereinafter referred to as the LOCAL GOVERNMENT), WITNESSETH: WHEREAS, the Parties have been granted specific Legislative Authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the LOCAL GOVERNMENT by Resolution No. 2016-50 dated the day of 4m 2016 a copy of which is attached hereto and made a pan hereof, has authorized its Chairman or designee to execute this Agreement on its behalf. WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program, to undertake the Project described as the "County Wide State Highway System Signal Priority Preention � E2� -2016, said Project being known as FM _f, in Fiscal Year 20015 15 #435338-1-58-01, hereinafter referred to as the "Project"; and WHEREAS, the Project is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Work Program; and WHEREAS, the implementation of the Project is in the interests of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the Project. WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of this Project; and H 16A11 FM#435338-1-58168-01 Collier County Page 2 of I I NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. TERM A. The terns of this Agreement shall begin upon the date of signature of the last party to sign. The LOCAL GOVERNMENT agrees to complete the Project by December 31 2018, in accordance with the schedule described and contained in Exhibit "C" attached hereto and by this reference made a part hereof.. If the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of the scheduled completion, as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will. be considered termination of the Project. After the Project is complete, the term of this Agreement shall continue in effect and be binding on the parties in perpetuity for maintenance responsibilities of the LOCAL GOVERNMENT. 2. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall furnish the services to construct the Project. The project consist of- acquisition and installation of a sigrial priority preemption system complete with confirmation lights at as many of the sixty -seven L67 signalized intersections on the State Highway System located in Collier County as possible up to the funded amount of $759,125.00, and otherwise, the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit "A", Scope of Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiting the LOCAL GOVERNMENT to perform any activity which is outside of the scope of services of the Project. B. The LOCAL GOVERNMENT agrees to undertake the Project in accordance with DEPARTMENT standards and specifications, Greenbook and all applicable federal, state and local statutes, rules and regulations. C. E- VERIFY Vendors/Contractors shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract. Wk ME 16AII FM- 4435338 -1- 58,`68 -01 Collier County Page 3 of 11 Vendors/Contractors shall expressly require any subcontractors pertbrming 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. D. This Agreement shall act to supersede the normal requirements of the LOCAL GOVERNMENT to secure separate DEPARTMENT pen-nits for drive-way connection, right of way utilization, storm-water discharge and utilities. and this Agreement is deemed to constitute such permits. E. The LOCAL GOVERNMENT shall be responsible for obtaining clearances/permits required for the construction of the Project frorn the appropriate permitting authorities. F. The LOCAL GOVERNMENT shall receive a Notice to Proceed from the DEPARTMENT'S Project Manager, Jim Martin at (863) 519-2665 or from an appointed designee. Any work 12erforined prior to the issuance of the Notice to Proceed is not subiect to reimbursement. The LOCAL GOVERNMENT shall also obtain approval of their MOT schedule and coordinate construction schedule including pre-construction meeting invitation with Eunice Usher at Fort Myers Operation (239) 985-7852 or from an appointed designee. G. The LOCAL GOVERNMENT shall hire a DEPARTMENT prequalified contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the work for the Project. H. The LOCAL GOVERNMENT shall be responsible to ensure that the work tinder this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit "D". 1. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMEN'r and of details thereof. Coordination shall be maintained by the LOCAL GOVERNMENT with representatives of the DEPARTMENT. J. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion,, and for all work that originally required certification by a Professional Engineer, this notification shall contain an 16A1 FM#435338-1-58,'68-01 Collier County Page 4 of 11 Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "E", The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 3. COMPENSATION AND REIMBURSEMENT A. The Department agrees to compensate the LOCAL GOVERNMENT for services described in Exhibit A — Scope of Services, The Method of Compensation is included as Exhibit B. B. The LOCAL GOVERNMENT 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. The Project, identified as Project Number 435338-1-58/68-01, and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit A -- Scope of Services. (Section 287.058(1)(d) and (e), F. S) C. Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable and 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. (Section 287058 (1) (a), F.,,V.) D. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit A — Scope of Services was met. E. 'Mere shall be no reimbursement for travel expenses under this Agreement, F. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S.- If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected, which correction shall be made within a time frame to be specified by the DEPARTMENT. The LOCAL GOVERNMENT shall, within five days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan 9 16A1 FM#435338-1-58168-01 Collier County Page 5 of I I describing how the LOCAL GOVERNMENT will address all issues of contract non- performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period. If the LOCAL GOVERNMENT is unable to resolve the deficiency, the funds retained may be forfeited at the end of the AgrecnieWs term. (Section 287.058(1)(h), F.S.) The LOCAL GOVERNMENT providing goods and services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 5 working days unless the bid specifications, purchase order, or contract specifies otherwise. (Any deviations should be referenced in the agreement or an addendum in accordance with Section 2.1 -) 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. (Section 21.5.422(1), F.S.) 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 LOCAL GOVERNMENT. Interest penalties of less than one (1) dollar will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices that have to be returned to a LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. (Section 215.422(3) (b), F.S.) A Vender Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for LOCAL GOVERNMENT 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, (Section 215.422(5) and (7), F.S.) C 16A1i FM#435338-1-58/68-01 Collier County Page 6 of I I G. Records of costs incurred under the 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 after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. (Section 287,0580), F.S.) H. In the event this contract is for services in excess of $25,000.00 and a term lbr a period of more than I Year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "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 such funds are available prior to entering into any such contract or other binding commitment of fiuids. Nothing herein contained shall prevent the making of contracts for periods exceeding I year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than I year." 1. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. (Section 216.311, F.S.) J. The LOCAL GOVERNMENT shall: 1. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the LOCAL GOVERNMENT during the term of the contract; and 2. Expressly require any contractors and 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 W 16A11 FM#435338-1-58/68-01 Collier County Page 7 of 11 employment eligibility of all new employees hired by the subcontractor during the contract term. (E.vecutive Order A7utnber 2011-02) K. The Other Party agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply with Section 20.05.5(5), F.S. 4. COMPLIANCE WITH LAWS A. The LOCAL GOVERNMENT shall allow public access to all documents, papers, letters, or other material Subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL, GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The LOCAL GOVERNMENT shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex or national origin in the perforinance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract. 5. TERMINATION AND DEFAULT A. This Agreement may be cancelled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek tennination or cancellation of this Agreement in the event the LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This contract may be cancelled by the LOCAL GOVERNMENT upon sixty (60) days written notice to the DEPARTMENT, B. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will 16A11 FM#435338-1-58168-01 Collier County Page 8 of 11 be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory perfan-nance of the LOCAL GOVERNMENT, the DEPARTMENT shall notify the LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated, Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT, 6. MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the LOCAL GOVERNMENT. C. In no event shall the making by the DEPARTMENT of any payment to the LOCAL GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, oil the part of the LOCAL GOVERNMENT, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understanding.-, applicable to the matters, contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the N 16A11 FM#435338-1-.58168-01 Collier County Page 9 of 11 terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. All tracings, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and the LOCAL GOVERNMENT and shall at all times be and remain the property of the DEPARTMENT and the LOCAL GOVERNMENT' without restriction or limitation on their use, F. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement. G. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding oil the parties until the Project is completed, any subsequent litigation is complete and terrilinated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the best interest of the public. However, the COUNTY'S obligation to maintain the PROJECT after completion shall survive the term of this Agreement. it. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION STATEMENT: 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, for CATEGORY Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not N 16A1i FM#435338-1-58/68-01 Collier County Page 1.0 of I I 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. L All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: Florida Department of Transportation Collier Count Jim Martin -V Anthony hawaja Local Program Coordinator Engineer and Traffic Operations —.4-SN—ef 801 N. Broadway Av�e 2885 South I-Iorseshoe Drive Bartow, Florida 33830 Naples, FL 34104 J. Exhibits A, B, C, and D are attached hereto and incorporated by reference. 14 1 6 A 1 1 Ftv14435338-1-58/68-0 1 Collier County Page 11 of 11 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman or its Designee, and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized Designee: This Agreement shall become effective on: Department to enter date COLLIER COUNTY, FLORIDA ATTi T',I '%..'%; ..%-1 ., t., c:L.6., 'r..4. Aoo*4., •• ',- • CL RK 4410144'''' (SEAL) IDS CHAIR AN OR DESIGNEE ...____ _ BOARD OF COUNTY COMMISSIONERS Attest as t4Cha1etrOlial signature only. It\nouvi-4 -BF--2_0 I lefbop,r,ck. FN 0:\t"1/4. DATE PRINT NAME DATE COUNTY LEGAL REVIE : 61 lit, BY: 4 e / ,DA`cE 3/1 6 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 ,74..--- _,,),4 AVAILABILITY OF FUNDS APPROVAL: REVIEW: BY: DATE DATE CO 16A11 FM #43 5338 -1- 58/68 -01 Collier County EXHIBIT "A" SCOPE OF SERVICES Financial Management Number: 435338-1-58168-01 County Wide State Highway System Signal Priority Preemption Expansion The purpose of this Exhibit is to describe the scope of work and the responsibilities of Collier County in connection with the acquisition and installation of a signal priority preemption system complete with confirmation lights at all signalized intersections on the State Highway System located in Collier County. 'File attached list identifies the sixty-seven (67) intersection locations included in the scope. Several of the intersections are scheduled for construction or are currently under construction. Review of these locations is required to ensure conformity and uniformity as part of this county wide improvement to the State Highway System. The general objective is for Collier County to provide contract administration, management services, construction engineering inspection services and quality acceptance reviews of all work associated with the acquisition and installation of the associated improvements at as many of the sixty-seven (67) intersection locations as possible up to the funded amount of $759,125,00. The services performed shall be in accordance with all applicable Florida Department of Transportation manuals, guidelines and specifications. Each approach to the sixty-seven (67) signalized intersections referenced below shall be provided with emergency vehicle preemption. The installations shall be compatible with the existing Collier County GTT Opticoin Infrared Emergency Vehicle Preemption System. • Use GTT Opticom Model 138 detector cable manufacturer or equivalent cable approved by the detector manufacturer. • Use GTT Opticoni Model 764 multirnode phase selector. • Use GTT Opticom Model 700 Series infrared detectors. • Emergency vehicle preemption detector cables shall be continuous from the controller assembly to the preemption detector • Each vehicle approach shall be wired separately and combined in the controller assembly to obtain the specific sequence of operation as shown on the plans. • Each approach to a signalized intersection shall be equipped with a Preemption Confirmation Light. • The emergency vehicle confirmation light shall be installed according to the Collier County Signalization Technical Special provisions "Typical Emergency Vehicle Detector with Confinnation Light Detail" sheet. • The confirmation beacon shall consist of a PAR 38 white LED flood lamp (90 watt equivalent) for each direction of traffic. 1 of 41 P a g e MEEP___1W 16A11 FM#435338-1-58/68-01 Collier County • The lamp shall have an adjustable mount with a weatherproof enclosure for cable splicing, • All hardware shall be cast aluminum, malleable iron, powder coated steel, and/or stainless steel. • Holes drilled into signal poles, mast arms, or posts shall require rubber grommets to prevent chafing of wires. • Use either polyethylene insulated, polyvinyl chloride jacketed signal cable conforming to the requirements of the International Municipal Signal Association, Inc. (IMSA) Specification No. 19-1 or polyethylene insulated, polyethylene jacketed signal cable conforming to the requirements of IMSA Specification No. 20-1. • Use signal cable with 5 conductors of stranded copper, No. 14 AWG for 1-way confirmation light installation. • Use signal cable with 7 conductors of stranded copper, No. 14 AWG or for 2-way confirmation light installation. • Signal cables shall be continuous from controller assembly to the preemption confirmation light disconnect box. • The controller assembly shall include an emergency vehicle confirmation light panel installed according to the Collier County Signalization Technical Special provisions "Emergency Confirmation Light Wiring with Solid State or Electromechanical Relay Interface Panel Detail" sheet. • The preempted movement shall be indicated by a steady indication on the confirmation beacon and the stopped preempted movements shall be indicated by a flashing confirmation beacon indication. List of Signalized Intersections on the State Highway System in Collier County 2 of 4 1 P a g e .. .. . ......... .... .. . ..... ... -- ------ Signal Number of Arterial Name i Intersection Type Approaches 1 1 29 (15 ST N) Immokalee Dr TS 4 2 29 (15 ST N)- Lake Trafford Rd TS 4 3 29 (Main Street) 1 st Street N TS 4 4 29 (Main Street) 9th Street N TS 4 5 29 South Farm Workers Village SCH 4 6 Collier Blvd Capri Blvd (952) TS 3 7 Collier Blvd Davis Blvd TS 3 8 Collier Blvd . . 1-75 N .... . ....... ....... TS 3 9 Collier Blvd 1-75S TS 3 10 ... Collier Blvd ... . . .............. ... Mainsail Dr (Marco Airport) TS 3 11 Collier Blvd Manatee Rd TS 3 12 Collier Blvd Walmart S of US 41 TS 3 13 Davis Blvd 1 Airport Pulling Rd L TS 1 4 2 of 4 1 P a g e 16A11 FM#435338-1-58/68-01 Collier County I 14 15 16 . . ..... 1.7- 18 Davis Blvd Davis Blvd Davis Blvd _-Davis Blvd Davis Blvd County Bern Rd Kings Way Lakewood Blvd Radio -Rd I Santa Barbara Blvd TS TS TS T� 3 4 A i 4 19 Davis Blvd Shadowlawn Dr T S _j 4 20 Golden Gate Pkwy 1-75 E TS 3 21 Golden Gate Pkwy 1-75 W TS 3 22 Immokalee Rd 1-76 E & W TS 6 23 Pine Ridge Rd 1-75 E & W TS 6 24 US 41 (Tamiami Trail N) 91st Ave/Strada PI TS 4 25 US 41 (Tamiami Trail N) Immokalee Rd TS 4 26 US 41 (Tamiami Trail N) Imperial Golf Course Blvd TS 3 27 28 US 41 (Tamiami Trail N) US 41 (Tam! Old 41 Pelican Bay Blvd N TS TS 4 4 29 US 41 (Tamiami Trail N) j Pelican Bay Blvd S TS 3 30 US 41 (Tamiami Trail N) Pelican Marsh Dr/99th Ave N TS 4 31 US 41 (Tamiami Trail N) Pine Ridge Rd TS 4 32 US 41 (Tamiami Trail N) I Vanderbilt Beach Rd TS 4 33 US 41 (Tamiami Trail N) I Wiggins Pass Rd TS 4 34 US 41 (Tamiami Trail S) Airport Pulling Rd TS 4 35 US 41 (Tamiami Trail S) Barefoot Williams Rd TS 2 Wtl 36 US 41 (Tamiami Trail S) Bayshore Dr/Shadowlawn Dr TS 4 37 US 41 (Tamiami Trail S) Broward St TS 4 38 US 41 (Tamiami Trail S) Collier Blvd TS 4 39 '1 US 41 (Tamiami Trail S) Commercial Dri Palm St TS 4 40 i 41 US 41 (Tamiami Trail S) US 41 (Tamiami Trail S) Espinal Blvd (Courthouse Shadows) Guilford Rd TS f S 4 4 42 US 41 (Tamiami Trail S) Lakewood Blvd TS 4 43 US 41 (Tamiami Trail S) Manatee Rd SCH 3 44 US 41 (Tamiami Trail S) Palm Dr TS 4 45 US 41 (Tamiami Trail S) Price St/Triangle Blvd Ts 4 46 US 41 (Tamiami Trail S) Rattlesnake Hammock Rd TS 4 47 US 41 (Tamiami Trail S) St Andrews Blvd TS 4 48 US 41 (Tarniam! Trail N) . . ........ 10th St S TS 4 49 US 41 (Tamiami Trail N) 26th Ave N TS 3 50 US 41 (Tamiami Trail N) 3rd Ave S TS 4 US 41 (Tamiami Trail N) 4th Ave N TS 4 52 US 41 (Tamiami Trail N) 5th Ave S i TS 4 53 US 41 (Tamiami Trail N) 7th Ave N TS 4 54 US 41 (Tamiami Trail N) Central Ave TS 4 55 US 41 (Tamiami Trail N) Fleischman Blvd/Orchid Dr u TS 4 56 US 41 (Tamiami Trail N) Golden Gate Pkwy TS 1 4 3 of 4 1 P a g e (S 1 6 A 1 1 ° Collier County 57 US 41 (Tamiami Trail N) Granada Blvd/Neopolitan Way TS 4 58 US41 (yamiamiTrail N) Harbour Dr TS l 3 59 US41 (TamiamiTrail N) Moorings Line Dr TS 4 60 US41ODomiamiTrail N> Morningside Dr TS 4 61 US 41 (Tai TN) TS 4 62 UG41 (TemimmiTrail N) Park Shore TS 4 --' 63 US 41 (Tamiami Trail N) Shady ResLn/Old Trail Dr | TS 4 64 US 41 (Tamiami Tril S) 10th St S TS 4 65 US 41 (Tamiami Trail S) Davis 8hd:Smnd�0p�rGt TS 4 ---'--- -- | 66 WS41 (TamiamiTrail B) Goodlette Frank Rd TS 4 67 UG41 (TemiamiTrail S) River Point Dr TS 4 Traffic Signal TS . School Sinm| SCH 4nf4iPage *10\ *�� ibAll EXHIBIT "B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 435338-1-58-01 By and through this Joint Participation Agreement with Collier County, the DEPARTMENT agrees to reimburse Collier County Lip to, but not to exceed $759,125.00 (Seven hundred, flfty nine thousand, one hundred 6venty five dollars) programmed in FY 201512016 for actual cost incurred on this Project, excluding Collier County's overhead. Rest of this page intentionally left blank. I of 11 P a g e MMOM-.1% LIVE 1 6 A 1 1 EXHIBIT "C" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 435338-1-58/68-01 • Construction Contract to be awarded by: August 15,2016 • Construction to be completed by: December 31, 2018 I lofliP age 16A11 EXHIBIT 44D99 TERMS & CONDITIONS OF CONSTRUCTION 1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth herein, to perform all activities necessary for the construction of the Project (as described more fully in Exhibit "A"). The Project shall be constructed in accordance with construction plans and specifications to be approved by the DEPARTMENT and consistent with the requirements of the DEPARTMENT. The plans shall include an appropriate plan for maintenance of traffic. Should any significant (as defined by §43 of Standard Specifications for Road and Bridge Construction, 2010, and as amended from time to time) changes to the plans be required during construction of the Project,. the LOCAL GOVERNMENT shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The DEPARTMENT reserves the right to adjust the plans to meet the requirements of permits. The LOCAL GOVERNMENT shall be responsible to maintain the area of the Project at all times during construction of the Project. All payment and performance bonds shall name the DEPARTMENT as an additional obligee. All warranties on any product or material used in construction of said Project shall be in favor of the DEPARTMENT. The LOCAL GOVERNMENT shall assure that the Engineer of Record performs all necessary post-design services that may be required. 2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all existing utilities, both aerial and underground and that all utility locations shall be represented on the construction. plans. All utility conflicts shall be fully resolved directly with the applicable utility. The LOCAL GOVERNMENT shall be obligated to design around any utility installation for which the conflict cannot be resolved. Said utility work shall be deemed to be undertaken on behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall assure that utility work schedules are obtained for the Project. 3. The work performed pursuant to this Agreement may require authorization under the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges from construction sites. The LOCAL GOVERNMENT is responsible for obtaining the National Pollutant Discharge Elimination System Pen-nit and all other necessary permits for construction of the Project. When applicable, such permits will be processed in the name of the DEPARTMENT; however, in such event, the LOCAL GOVERNMENT will comply with all terms and conditions of such permit in construction of the subject facilities. 4. It is expressly agreed by the parties that this Agreement creates a permissive use only and that neither the granting of the permission herein to use DEPARTMENT and/or LOCAL GOVERNMENT right-of-way nor the placing of facilities upon DEPARTMENT and/or LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL GOVERNMENT and/or the DEPARTMENT except as otherwise provided in separate agreements. Page I of 3 N 16Ai1 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 LOCAL GOVERNMENT activities pursuant to this Agreement. The LOCAL GOVERNMENT shall provide a current construction schedule to the DEPARTMENT'S representative and shall notify the representative at least 48 hours in advance of starting proposed work and again immediately upon completion of work. 7. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project 8. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond in accordance with Section 337.18, Florida Statutes. 9. The LOCAL GOVERNMENT shall not modify the intent of the design plans or the maintenance of traffic concept without appropriate submission by the Engineer of Record (the "Engineer") and approval by the DEPARTMENT. Provided, however, in the event of an emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes and notify the DEPARTMENT and the Engineer of Record after the modifications, 10. The DEPARTMENT may request and shall be granted a conference with the LOCAL GOVERNMENT and at the LOCAL GOVERNMENTS option, the LOCAL GOVERNMENT'S CEI firm, to discuss any part of the Project activities that the DEPARTMENT determines to be inconsistent with the approved design plans and specifications. The LOCAL GOVERNMENT will monitor the corrective action and provide the DEPARTMENT status reports at such intervals as are reasonable, based on the corrective action undertaken, and the DEPARTMENT may, but is not obligated to, review independently the progress of the corrective action. Provided however, if the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, issue an immediate stop work order. 11. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the maintenance of traffic and construction operation during the course of the Project so that the safe and efficient movement of the traveling public is maintained. The LOCAL GOVERNMENT is further obligated to make such changes to the maintenance of traffic plans as may be necessary. During construction, the LOCAL GOVERNMENT shall take measures, including the placing and display of safety devices that are necessary in order to safely conduct the public through the Project area in accordance with the latest and current version of the Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, and the DEPARTMENT'S 2010 Standard Specifications for Road and Bridge construction and the DEPARTMENT'S 2010 Roadway and Traffic Design Standards, and as those sources may be amended from time to time, The LOCAL GOVERNMENT may assign the responsibility of this paragraph to the Contractor or its' CEI for the construction of the Project. 12, Prior to the Project bidding, the LOCAL GOVERNMENT shall provide a project schedule that includes, at a minimum, the date the Project will be advertised for bid, the bid opening date, the award date and the date of the preconstruction conference. 13. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the DEPARTMENTS light, title and interest in the land to be entered upon and Page 2 of 3 Ee 16A11 used by the LOCAL GOVERNMENT. Any additional right or privilege required to undertake and to complete construction of the Project shall be secured by the LOCAL GOVERNMENT. 14. Upon completion of the work in accord with the Plans, the LOCAL GOVERNMENT shall furnish a set of "as- built" plans certified by the Engineer of Record/CEJ that the necessary improvements have been completed in accordance with the Plans as the same may be modified in accord with the terms of this Agreement. This certification shall include a statement that necessary inspections, tests, and physical measurements have been made, and that all materials entering into the work conform to the Plans, conform to the applicable specifications contained in the Standard Specifications for Road and Bridge Construction, 2010 edition as amended, or otherwise conform to or meet generally accepted professional practices. Additionally, the LOCAL GOVERNMENT shall assure that all post construction survey documentation required by Florida Statutes is completed and evidence of such is provided to the DEPARTMENT in a manner acceptable to the DEPARTMENT. Upon acceptance of right•of-way documents, then the Project shall be deemed accepted by the DEPARTMENT, 15. In the event contaminated soil is encountered by the LOCAL GOVERNMENT or anyone within the DEPARTMENT" right of way, the LOCAL GOVERNMENT shall immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate with the appropriate agencies and notify the LOCAL GOVERNMENT of any required action related thereto. 16. It is acknowledged by the parties that construction plans and specifications are still being prepared by the LOCAL GOVERNMENT' as of the date of this Agreement. Construction of the Project will not commence until the DEPARTMENT has approved the construction plans and specifications as provided for in Paragraph I and all required right-of-way has been properly obtained and certified (if applicable) as such by the DEPARTMENT's Right of Way Manager. 17. If applicable, the LOCAL GOVERNMENT shall assure that load ratings 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 N 16A11 EXHIBIT "E" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION And COLLIER COUNTY PROJECT DESCRIPTION: County Wide State Highway System Signal Priority Preemption Expansion FINANCIAL MANAGEMENT ID# 4353 )8-1-58-01 In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of 20 By: _ Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Professional Fnginecr has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the LOCAL GOVERNMEN-I'shall furnish the DEPARTMENT a set of "as- built" plans certified by the Engineer of Record/CEI. SEAL. By: . P.E. Name: Date: Page I of I 0