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Backup Documents 03/24/2020 Item #16D 5 O 1GINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16 D 5 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forssarded 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 •{ b Jri iA 13.a,1.a0 4. BCC Office Board of County Commissioners _ tAl eD 5. Minutes and Records Clerk of Court's Office F'p 'Y2-420 (2 I(2-pri) 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,ma need to contact staff for additional or missing information. Name of Primary Staff Liz Soriano /Tessie Sillery Phone Number 252-4994 or 252-5840 Contact/ Department PTNE Division(old ATM Dept) Agenda Date Item was 03-24-2020 Agenda Item Number #11823 Approved by the BCC ReSd1 Lel l�or% O �ti Vfts 16 D5 Type of Document Community Aesthetic Feature Agreement Number of Original (3)Original Agreements Attached with the Florida Department of Documents Attached and(3)Original Transportation for Collier Area Transit Resolutions. Agreement and Resolution PO number or account ! , ���^ number if document is to fed ` Ex-- q5�(Q,� be recorded Special instructions: • Please email a copy to: Liz.Soriano@colliercountyfl.gov & Tessie.Sillery@colliercountyfl.gov o Fed Ex—(3 ) Originals of Agreement & (1) Resolution with Original Signatures to : FDOT District 1 Program Manager Sharon Harris, District Maintenance Administrator 801 N. Broadway Avenue Bartow, Fla. 33830 (863)-519-2315 INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is appropriate. Yes N/A(Not (Initial) Applicable) 1. Does the document require the chairman's original signature? LS 2. Does the document need to be sent to another agency for additional signatures? If yes,provide LS 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 LS 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 Office LS 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 document LS or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature LS and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip S 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! 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 8. The document was approved by the BCC on 03-24-2020 and all changes made during the N/A is not an meeting have been incorporated in the attached document. The County Attorney's Office a option for D has reviewed the changes,if applicable. ���' this line. 5 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all N/A is not an changes directed by the BCC have been made,and the document is ready for the Chairman's / 'option for signature. this line. 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 Crystal K. Kinzel C\81- couRT � Collier County 1 6 C ° Clerk of the Circuit Court and Comptroller 5 o 3315 Tamiami Trail East, Suite 102 A Naples, Florida 34112-5324 0 lQP FR couNTsi,��� March 26, 2020 Sharon Harris FDOT District 1 Program Manager 801 N. Broadway Avenue Bartow, Florida 33830 Re: Community Aesthetic Feature Agreement with Collier County Ms. Harris, Attached for further processing is one (1) original Resolution and three (3) original copies of the agreement referenced above, adopted/approved by the Collier County Board of County Commissioners on March 24, 2020. After obtaining the necessary signature(s), please return two (2) of the fully executed original agreements to this office. If your office requires further information regarding this mailing, please feel free to contact me at 239-252-8406. Thank you. CRYSTAL K. KINZEL, CLERK Ann Jennejohn, Deputy Clerk Attachment Phone-(239)252-2646 Fax-(239) 252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 1605 RESOLUTION NO. 2020 - 54 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A COMMUNITY AESTHETIC FEATURE AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT); APPROVING COUNTY FUNDING OF THE COST, ,DESIGN, INSTALLATION, AND MAINTENANCE OF THE PUBLIC ART PROJECT INVOLVING COUNTY IMPROVEMENTS TO COLLIER AREA TRANSIT (CAT) BUS STOPS LOCATED ON CERTAIN FDOT OWNED RIGHTS-OF-WAY. WHEREAS, the Board of County Commissioners ("County") has requested permission from FDOT, to install Public Art community aesthetic features on certain rights-of-way owned by FDOT, ("Project"), by painting the curbs at the CAT bus stops with the CAT bus logo to improve the boarding and alighting areas for the benefit of CAT bus passengers and drivers; and WHEREAS, FDOT and the County agree that transportation facilities enhanced by community aesthetic features can benefit the public,result in positive economic development, and increase tourism both locally and throughout Florida; and WHEREAS, FDOT and the County wish to enter into a Community Aesthetic Feature Agreement,that provides for County funding of the Project, design and construction standards and required approvals; 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 Chairman to sign the attached Community Aesthetic Feature Agreement. 2. The Board of County Commissioners approves the funding of design, installation, and maintenance costs of the Project. 3. The Collier County Clerk to the Board shall forward a certified copy of this Resolution to FDOT along with the attached Community Aesthetic Feature Agreement for execution by FDOT. 4. This Resolution shall take effect immediately upon adoption. 1605 THIS RESOLUTION ADOPTED after majority vote on the ay offtrCh, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL4 KINEL, CLERK COLLIER COUNTY, FLORIDA /4e4YX. 1.4e..4.A.40--— By: O. . _. v a . 4 By: 1�-4 1 ? i P it y Cler Burt L. Saunders, Chair A 5#.aetO •. '• c 51J :. m aAnly'').,,5`r p Approval .s •fortim and legality: a11 11 1a. 1 Jeffrey A 1. , County Attorney Item# tLe `JS., AgenCanada `� •� `x 4 46 Date 3 9.6~i • Rec'd II , I.4 0 Deputy�.1. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1 6 0,510 COMMUNITY AESTHETIC FEATURE AGREEMENT ROADWOGC AYESIGN Page 1 of 12 State Road/Local Road Section No. CAFA No. This Community Aesthetic Feature Agreement ("Agreement") is entered into this day of between the State of Florida, Department of Transportation ("Department") and Board of County Commisioners-Collier ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: ®Public Art, ❑Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road Various see attached list (Exhibit F) at MP in Collier County, Florida ("Project"). B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement ("Effective Date") and continue through 20 years , which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within ninety days (90) days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: ®Public Art, ELocal Identification Marker], as more fully described in the plans in Exhibit"A", attached and incorporated in this Agreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit"D". The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency's property. However, this permissive use of the Department's right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department's right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department's District Design Engineer, located at 801 N. Broaday Ave, Bartow, Fl. 33830 The Department will review the plans for conformance to the Department's requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. By review of the plans, the Department signifies only that such plans and improvements satisfies the Department's requirements, and the Department expressly CAO IOADWAPD GN OGC-08/17 Page 2 of 12 disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department's review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30) days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's Construction Project Manager, Leighton Elliott , at(239) 985-7869 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way to install the Project(see attached Exhibit"B" Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of the Department's right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public's safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency's sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit"C". i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department's right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed and sealed by the responsible professional for the project, the form of which is attached to this Agreement 16 CI 625-010-10 ROADWAY DESIGN OGC-08/17 Page 3 of 12 as 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. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor's/subcontractor's/consultant's!subconsultant's property, machinery, and equipment from the Department's right-of-way and shall restore those portions of the Department's right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice to complete the Project and provide the Department with written notice of the same ("Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. I. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Repainting the logo once the original finish/paint starts to peel or deterioate. m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of$ N/A . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. District Maintenance Engineer, Date: n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department's sole discretion, and at the Agency's sole cost. 1605 625-010-10 ROADWAY DESIGN 0GC-08/17 Page 4 of 12 5. INDEMNITY AND INSURANCE. a The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/subcontractor/ consultant/subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/subcontractor/ consultant/subconsultant, its officers, agents or employees." b. The Agency shall carry or cause its contractor/subcontractor/consultant/ subconsultant to carry and keep in force during the period of this Agreement a general liability insurance 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 $5,000,000 each occurrence, and property damage insurance of at least$100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/subcontractor/consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/subcontractor/consultant/subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT 1 PROGRAM MANAGER Sharon Harris: District Maintenance Administrator, 801 N.Broadway Ave.,Bartow,FL 33830 Phone 863-519-2315 Fax: N/A Colli er COUNTY [OR CITY], FLORIDA Board of County Commisioners Liz Soriano,Project manager 8300 Radio Road,Naples,FL 34104 Phone: 239-252-4994 Fax: 1605 625-010-10 ROADWAY DESIGN OGC-08/17 Page 5of12 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency 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 Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right- of-way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. 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, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees CAO 1605 62 -010-10 ROADWAY DESIGN OGC-08/17 Page 6 of 12 that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs. 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 17. NON-ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency's obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. C 1605 625-010-10 ROADWAY DESIGN OGC-08/17 Page 7 of 12 Section No. CAFA No. AGENCY iao►c)d c Cottle" aunkv cr3 ' iotR rs.//J By: '-- Print Name: tu.r+ L. ScomIc crs Title: C Ns-rnar As approved by the Council, Board, or Commission on: arc h aL ao H'f'TEST: . Attest: CRYST1K..KfNZEt_, CLE K Legal Re -' •D; dt Ir H�f Attest as to u� . signature`only.. • Qkttfrw-C•1 '�1' • ney DEPART E T State of Florida, Department of Transportation By: Print Name: Title: Date: Legal Review: i 6125-0,0_,0 ROADWAY DESIGN OGC-08/17 Page 8 of 12 Section No. CAFA No. EXHIBIT "A" PROJECT DESCRIPTION I. SCOPE OF SERVICES Paint on the face and top of the curb at the bus stop boarding and alighting area CAT (Collier Area Transit) and the CAT logo in yellow with a green background II. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Johnson Engineering , P.E./R.L.A./Architect and dated 10/17/2019 . Any revisions to these plans must be approved by the Department in writing. 1605 i rSoc-1---- IS:21.1 I fir Pad :1"r gi::: Tr..1111en Sem, ti 15'IR, ERA Area . Trnnr1110^ J. Seam, Flat Pad . 1 Frovong Cro.rd Of lessralt ............,..............0a„3,06 44---1 • n.i_____ d6,1 MEd f aper 1 rye 6 Ci.re—/ roe E Curb \--1.11R,1 IP.T Cur. 1.. 1j... 6r.sr f red i Curl: ;"r'IT me Ye s';','n'' V'l704"gaTV.r 1 so. r_C ! 7-CT Pon lens 'c'11Z1''''e'dlor ler Resrma„ ,‘SAIRerr'color for Reercual) IV Pr 5'vt,na,(5,r eered, 1er—I .............Por RSA„red Type E CIE, cAr Res Curb Palle Des.. Prolde•ra Plan e'en,T,ce E'd,6 lTre I .ESSIst'sf3:Z YffPe5E5Tnf,E I C xi MINE 6',5 grr.; Crostn„ Sidowair dlyA„,„ Stleyvel< rPe.C5, d i , : 315t Po.Des yr .. L •A• , • = . I , :. ... . 1 ,1 1 r; Li/ 1 ,i ,..11'Cr nen TYPE E'CAB 6,OTTER DETAIL IT,P1 15,6,1rolor/or App,,, 'S:7 :lornrnonvior I 0,NIINIONNI 5'Ammo.,le PtyrerndI Yam a.Dun yer CAI MEIN IIII:efS OS„sr tl.u, r1al TA6 Ser,on 560.n VA:ASO CA,Bay L'iot Paw Ocsran-P•olole aro PI,Vro.r Tree f CIA 0 Ur,1 I..510 Groff Slope any mreclon 112 Dar ...-- 112 Ma• k sop.,6rouelo lertr!6„son 6 levaloon—, \_match Er.S1,ny Elevation 'WM T..,rit.E CIE, ' Isan 6(we] 'SV1Mnlarer'l I re.) 5'!ll'orra•IV,1„) Rural 11,Area I'an V,ed IT.). 5SES.ONenlal Fien.s1C ANNUS RevisiONs COLLIER rou.vrr Mal,-TRANSIT SHEET DATE USSCAIPMEN EMS orscrIrrIes A. NEIONTORHOOD 5.57f1AT7.6.57 DIVISION NO ENGINEERING . NONE NO COUNTY MMANCIAL Illomcs ro TYPICAL SECTION DETALS ,,,,—,.,,.,,,,,,•.,,,rnse If 7,5. .,,,,O,,,,,,.."•,,, COLLIER 4 ;L. MI MI019 114AM MI ONINM lisAfe/efts,S011000,01,oadNISS,sSsEEINEA 1605 625-010-10 ROADWAY DESIGN OGC-08/17 Page 9of12 Section No. CAFA No. EXHIBIT "B" SPECIAL PROVISIONS 1) If and when FDOT determines the need o replace the curb, FDOT will replace the cub without replacing the paint. If this occurs, it will be the responsibility of the agency to repaint the curb if they wish to do so. 2) In the event the County wishes to abandon any or all sites they will be responsible to restore the curb by water blasting and/or painting our curb with a color that matched the adjacent curb. 1605 625-010-10 ROADWAY DESIGN OGC-08/17 Page 10 of 12 Section No. CAFA No. EXHIBIT "C" TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT C 1 6 11510 ROADWAY DESIGN OGC-08/17 Page 11 of 12 Section No. CAFA No. EXHIBIT "D" AGENCY RESOLUTION 1605 625-010-10 ROADWAY DESIGN OGC-08/17 Page 12 of 12 Section No. CAFA No. EXHIBIT "E" NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and Collier County PROJECT DESCRIPTION: Collier Area Transit Boarding and Alighting Painted Area In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Title: RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned 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 Agency shall furnish the Department a set of"as-built" plans certified by the Engineer of Record. By: SEAL: Name: Date: 1605 Collier Area Transit Bus Stop Locations for Community Aesthetic Feature - EXHIBIT'F' BS ID Roadway Location Milepost/Station Marker 6 Tamiami Trail East and West of Davis Blvd 03010-000 MP 12.721 9 Tamiami Trail E and 3rd Ave South 03010-000 MP 11.897 12 Tamiami Trail and 8th Ave North 03010-000 MP 10.972 15 Tamiami Trail and Diana Street 03010-000 MP 9.730 16 Tamiami Trail and 26th Ave North 03010-000 MP 9.560 17 Tamiami Trail and Ohio Drive 03010-000 MP 8.824 20 Tamiami Trail and Granada Blvd 03010-000 MP 7.802 21 Tamiami Trail North and NE of Pine Ridge Road 03010.000 MP 7.127 25 Tamiami Trail North and Pelican Bay Blvd North (East) 03010-000 MP 4.979 26 Tamiami Trail and Vanderbilt Beach Road 03010-000 MP 4.504 33 Tamiami Trail North and 110th Ave North 03010-000 MP 3.082 34 Tamiami Trail North and 104th Ave North 03010-000 MP 3.504 36 Tamiami Trail Norht and 93rd Ave North 03010-000 MP 4.186 37 Tamiami Trail North and Vanderbilt Beach Road 03010-000 MP 4.599 38 Tamiami Trail North and Pelican Bay Blvd North (West) 03010-000 MP 4.961 42 Tamiami Trail North and Neopolitan Way 03010-000 MP 7.743 43 Tamiami Trail and Park Shore Shopping Center 03010-000 MP 8.101 44 Tamiami Trail and Park Shore Drive 03010-000 MP 8.565 45 Tamiami Trail and Anchor Rode Drive 03010-000 MP 8.880 46 Tamiami Trail and Harbour Drive 03010-000 MP 9.314 52 Tamiami Trail and Fleischmann Blvd 03010-000 MP 10.288 54 Tamiami Trail and 7th Ave North 03010-000 MP 10.985 55 Tamiami Trail and 4th Ave North 03010-000 MP 11.424 60 Tamiami Trail East and Davis Blvd 03010-000 MP 12.813 61 Tamiami Trail East and Palm Street 03010-000 MP 13.248 120 Tamiami Trail East and Airport-Pulling Road 03001 MP 0.973 136 Tamiami Trail East and Rattlesnake-Hammock Road 03010-000 MP 15.793 137 Tamiami Trail East and Lakewood Blvd 03010-000 MP 15.284 139 Tamiami Trail East and Espinal Blvd in front Walmart 03010-000 MP 14.472 146 Tamiami Trail and Thomasson Lane 03010-000 MP 15.538 219 Tamiami Trail East and Courthouse Shadows 03010-000 MP 14.411 239 Tamiami Trail East and Eagle Lakes Park 03010-000 MP 18.963 240 Tamiami Trail East and Whistler Cove 03010-000 MP 18.597 247 Tamiami Trail East and Palm Drive 03010-000 MP 14.748 248 Tamiami Trail East and Thomasson Drive 03010-000 MP 15.919 272 Davis Blvd and Heritage Trail 03001-000 MP 3.006 300 Davis Blvd and Wildwood Lakes Blvd 03001-000 MP 4.406 323 East Main Street and New Harvest Road 03080-000 MP 36.243 324 East Main Street and 12 th Street 03080-000 MP 36.769 325 East Maint Street and 9th Street East 03080-000 MP 37.081 350 SR 29/N. 15th Street and 5th Ave (Little Ceasars) 03080 MP 38.792 365 East Main Street and New Market Road East 03080-000 MP 36.938 367 East Main Street @ Gas Station 03080-000 MP 36.283 374 SR 29/N. 15th Street between Immokalee Dr and Roberts Ave 03080-000 MP 38.588 375 SR 29/N. 15th Street and 5th Ave 03080-000 MP 38.779 1605 376 SR 29/N. 15th Street between Palm Ave and 8th Ave 03080-000 MP 38.994 399 East Main Street and New Harvest Road 03080-000 MP 36.441 438 Tamiami Trail East and Manatee Road 03010-000 MP 21.917 508 Radio Road and Davis Blvd 03001-000 MP 5.911 522 Davis Blvd and Radio Road 03001-000 MP 5.643 2121 Tamiami Trail North and Wiggins Pass (West) 03010000 MP 1.55 2122 Tamiami Trail North and Wiggins Pass (East) 03010000 MP 1.640 1605 Fe Package Number 8123 9367 1754 eNp 0200 Express US Airbill rraak `"m _ 'l From Please print and press hard /^ rw[a Expos FarigAt USAFAaF. ender's FedE<First Overnight I SedExZDay mini ' ( FedEx Day mon Name ` `` PI e Sr�,,, fes/ E,n.nr,aa Pay shies n„,a.,o dal rlavioll ea delivered on irate. 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Cannon From: SilleryTessie <Tessie.Sillery@colliercountyfl.gov> Sent: Wednesday, April 29, 2020 3:24 PM To: Minutes and Records Cc: SorianoLiz; Ann P.Jennejohn; arnold_m; DeleonOmar; soto_c Subject: FW: Contract Approvals & Deferrals/Modifications COMMUNITY AESTHETIC FEATURE AGREEMENT 03-24-2020 item 16D5 Attachments: 2020-M-192-00001_CAT_CAF_FinalExecuted.pdf Attached is the fully signed agreement, it went before the BCC on 3/24/20 item 16D5. Tessie Sifery, Operations Coordinator Public Services Dept/PTNE Division 8300 Radio Road Naples, Fla. 34104 239-252-5840 239-252-6628 Tessie.Sillery@colliercountyflgo v 19• "LA Si P411,934PIG`'.4 V OOWE{ OLMMYsmi Nt...1987,.fr --=4' City From: SorianoLiz<Liz.Soriano@colliercountyfl.gov> Sent:Wednesday, April 29, 2020 3:12 PM To: SilleryTessie <Tessie.Sillery@colliercountyfl.gov> Subject: RE: Contract Approvals & Deferrals/Modifications Tessie, Please see attached the executed agreement back from FDOT. Please send to minutes and records for recording. Thank you, Liz Svrie w° Project Manager c a C01 I IFR ARFA TRANSIT Public Transit a Neighborhood Enhancement Division 8300 Radio Road,Naples Florida 34104 Phone:239.252.4994 Fax:239.252.6619 Cell:239.351.0486 1 DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION �5-WO.10 COMMUNITY AESTHETIC FEATURE AGREEMENT ROADWAY DESIGN OGG-09!17 03001-000, Page I or 12 03010-000, State Road/Local Road Various(See Exhibit No and 03080-000 CAFA No. 2020-M-192-00001 28th Apri1 , 2020 This Community Aesthetic Feature Agreement("Agreement") is entered into this day of between the State of Florida, Department of Transportation ("Department")and Board of County Commisioners-Collier ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a"Party"and collectively as the"Parties." RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: ®Public Art, ❑Local Identification Marker]community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road Various see attached list(Exhibit A) at MP in Collier County, Florida ("Project"). B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement("Effective Date") and continue through 20 years ,which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within ninety days (90)days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a[CHOOSE ONE: ®Public Art, ['Local Identification Marker], as more fully described in the plans in Exhibit"A", attached and incorporated in this Agreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit"0". The Department shall not be responsible for any costs associated with the Project. All improvements funded,constructed, and installed by the Agency shall remain the Agency's property, However,this permissive use of the Department's right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department's right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit ail plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department's District Design Engineer, located at 801 N. Broadav Ave,Bartow, Fl. 33830 . The Department will review the plans for conformance to the Department's requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. By review of the plans, the Department signifies only that such plans and improvements satisfies the Department's requirements, and the Department expressly CAO DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 ii^^,.rr OA�WAY'DESIGN OGC-08/17 Page 2 of 12 disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department's review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30)days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the Project in accordance with the latest edition of FOOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's Construction Project Manager, Leighton Elliott , at(239) 985-7869 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way to install the Project(see attached Exhibit"B" Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of the Department's right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public's safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty(30) days, the Department may remove the safety hazard at the Agency's sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit"C". i. The Agency shall notify the Department a minimum of forty eight(48) hours before beginning the Project within the Department's right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5)working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed and sealed by the responsible professional for the project, the form of which is attached to this Agreement AO DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 1 6 D 5 . 62o-010-10 ROADWAY DESIGN 0GC-08/17 Page 3 of 12 as 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. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor's/subcontractor's/consultant's!subconsultant's property, machinery, and equipment from the Department's right-of-way and shall restore those portions of the Department's right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice to complete the Project and provide the Department with written notice of the same ("Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. I. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Repainting the logo once the original finish/paint starts to peel or deterioate. m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of$ N/A . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs les aaApecgyal to$2000.00. d-`,a 4/28/2020 9:41 AM EDT District Maintenance Engine r,_ Date: CE17074A46Daa1z.. n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department's sole discretion, and at the Agency's sole cost. DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 --- 1605 625.010-1C ROADWAY DESIGN OGC-08/17 Page 4 of 12 5. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/subcontractor/consultant/subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/subcontractor/ consultant/subconsultant, its officers, agents or employees." b. The Agency shall carry or cause its contractor/subcontractor/consultant/subconsultant to carry and keep in force during the period of this Agreement a general liability insurance 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$5,000,000 each occurrence,and property damage insurance of at least$100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/subcontractor/consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/subcontractor/consultant/subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT 1 PROGRAM MANAGER Sharon Harris. District Maintenance Administrator, 801 N.Broadway Ave.,Bartow,FL 33830 Phone 863-519-2315 Fax: N/A Collier COUNTY [OR CITY], FLORIDA Board of County Commisioners Liz Soriano,rroject nnanager 8300 Radio Road,Naples,FL 34104 Phone: 239-252-4994 Fax: DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 D 625-010-10 ROADWAY DESIGN OGC-08/17 Page 5 of 12 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30)days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency 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 Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right- of-way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. 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, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287,134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees CAU DocuSign Envelope ID:9E47EE2A-311 F-4BD9-8463-OBBD1C7EOEE1 1605 62 -010.10 ROADWAY DESIGN 0GC-08/17 Page 6 of 12 that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs. 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 17. NON-ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency's obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 , 6 0 5 625-010-10 ROADWAY DESIGN OGC-08/17 Page 7 0112 03001-000, 03010-000, Section No. 03080-000 CAFA No. 2020-M-192-00001 AGENCY Coir ex Ca q - loners , By: Print Name: bus+ L• Sctunckii.r Title: Chyl.\frnairk As approved by the Council, Board, or ^ ..r . Commission on: MarC,h a4 � aO aA A('TEST: .• ' . • .`. CRYST. - K..KRN,EL, Ci_EkK Attest: Legal Rev e I — x''Q.• t* r t t Attest a"s f0 C` • tL1 t OkkfFeer Cajdl y 6tto ey signature onjy.. i , i1 DEPARTAEfT State of Florida, Department of Transportation c DocuSigned by: By: ,4< 74--; _cE17074A4944a1 on Hedrick Harris Print Name: Title: District Maintenance Administrator 4/28/2020 13:35 PM EDT Date: Leg view: —Docuslgned by: VC Do.. 60",,4'g7 4/28/2020 I 9:07 AM EDT "—V. U I UD9LUAC4U`J... 4/28/2020 I 2:45 PM EDT ID DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 Q 5 1 6 624-010-10 ROADWAY DESIGN OGC•08/17 Page 8 of 12 03001-000, 03010-000, 2020-M192-00001 Section No. 03080-000 CAFA No. EXHIBIT "A" PROJECT DESCRIPTION I. SCOPE OF SERVICES Paint on the face and top of the curb at the bus stop boarding and alighting area CAT(Collier Area Transit) and the CAT logo in yellow with a green background II. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Johnson Engineering , P.E./R.L.A./Architect and dated 10/17/2019 . Any revisions to these plans must be approved by the Department in writing. See Exhibit A DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 i 6 D 5 Collier Area Transit Bus Stop Locations for Community Aesthetic Feature-EXHIBIT'F' BS ID Roadway Location Milepost/Station Marker 6 Tamiami Trail East and West of Davis Blvd 03010-000 MP 12.721 9 Tamiami Trail E and 3rd Ave South 03010-000 MP 11.897 12 Tamiami Trail and 8th Ave North 03010-000 MP 10.972 15 Tamiami Trail and Diana Street 03010-000 MP 9.730 16 Tamiami Trail and 26th Ave North 03010-000 MP 9.560 17 Tamiami Trail and Ohio Drive 03010-000 MP 8.824 20 Tamiami Trail and Granada Blvd 03010-000 MP 7.802 21 Tamiami Trail North and NE of Pine Ridge Road 03010.000 MP 7.127 25 Tamiami Trail North and Pelican Bay Blvd North (East) 03010-000 MP 4.979 26 Tamiami Trail and Vanderbilt Beach Road 03010-000 MP 4.504 33 Tamiami Trail North and 110th Ave North 03010-000 MP 3.082 34 Tamiami Trail North and 104th Ave North 03010-000 MP 3.504 36 Tamiami Trail Norht and 93rd Ave North 03010-000 MP 4.186 37 Tamiami Trail North and Vanderbilt Beach Road 03010-000 MP 4.599 38 Tamiami Trail North and Pelican Bay Blvd North (West) 03010-000 MP 4.961 42 Tamiami Trail North and Neopolitan Way 03010-000 MP 7.743 43 Tamiami Trail and Park Shore Shopping Center 03010-000 MP 8.101 44 Tamiami Trail and Park Shore Drive 03010-000 MP 8.565 45 Tamiami Trail and Anchor Rode Drive 03010-000 MP 8.880 46 Tamiami Trail and Harbour Drive 03010-000 MP 9.314 52 Tamiami Trail and Fleischmann Blvd 03010-000 MP 10.288 54 Tamiami Trail and 7th Ave North 03010-000 MP 10.985 55 Tamiami Trail and 4th Ave North 03010-000 MP 11.424 60 Tamiami Trail East and Davis Blvd 03010-000 MP 12.813 61 Tamiami Trail East and Palm Street 03010-000 MP 13.248 120 Tamiami Trail East and Airport-Pulling Road 03001 MP 0.973 136 Tamiami Trail East and Rattlesnake-Hammock Road 03010-000 MP 15.793 137 Tamiami Trail East and Lakewood Blvd 03010-000 MP 15.284 139 Tamiami Trail East and Espinal Blvd in front Walmart 03010-000 MP 14.472 146 Tamiami Trail and Thomasson Lane 03010-000 MP 15.538 219 Tamiami Trail East and Courthouse Shadows 03010-000 MP 14.411 239 Tamiami Trail East and Eagle Lakes Park 03010-000 MP 18.963 240 Tamiami Trail East and Whistler Cove 03010-000 MP 18.597 247 Tamiami Trail East and Palm Drive 03010-000 MP 14.748 248 Tamiami Trail East and Thomasson Drive 03010-000 MP 15.919 272 Davis Blvd and Heritage Trail 03001-000 MP 3.006 300 Davis Blvd and Wildwood Lakes Blvd 03001-000 MP 4.406 323 East Main Street and New Harvest Road 03080-000 MP 36.243 324 East Main Street and 12 th Street 03080-000 MP 36.769 325 East Maint Street and 9th Street East 03080-000 MP 37.081 350 SR 29/N. 15th Street and 5th Ave(Little Ceasars) 03080 MP 38.792 365 East Main Street and New Market Road East 03080-000 MP 36.938 367 East Main Street @ Gas Station 03080-000 MP 36.283 374 SR 29/N. 15th Street between lmmokalee Dr and Roberts Ave 03080-000 MP 38.588 375 SR 29/N. 15th Street and 5th Ave 03080-000 MP 38.779 DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 16 D 5 LAllll/1L L 1 1 a5L. L Vl L 376 SR 29/N. 15th Street between Palm Ave and 8th Ave 03080-000 MP 38.994 399 East Main Street and New Harvest Road 03080-000 MP 36.441 438 Tamiami Trail East and Manatee Road 03010-000 MP 21.917 508 Radio Road and Davis Blvd 03001-000 MP 5.911 522 Davis Blvd and Radio Road 03001-000 MP 5.643 2121 Tamiami Trail North and Wiggins Pass(West) 03010000 MP 1.55 2122 Tamiami Trail North and Wiggins Pass(East) 03010000 MP 1.640 DocuSign Envelope ID:9E47EE2A-311F-413D9-8463-OBBD1C7EOEE1 1605 625-010-10 ROADWAY DESIGN OGC-08/17 Page 9 of 12 03001-000, 2020-M-192-00001 Section No. 03010-Q00. CAFA No. 03080-000 EXHIBIT "B" SPECIAL PROVISIONS 1) If and when FDOT determines the need o replace the curb, FDOT will replace the cub without replacing the paint. If this occurs, it will be the responsibility of the agency to repaint the curb if they wish to do so. 2) In the event the County wishes to abandon any or all sites they will be responsible to restore the curb by water blasting and/or painting our curb with a color that matched the adjacent curb. DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7E0EE1 .DX111011 D Page 1 of 1 1 6 0 5 , . . ,,... t I i ,.„.„ _,, .°• , 1 , ,,,.... 1, ...,,,,,..b,..7.PM Ha,.,?,.Ha,.,?,.4,5 lerall I ' 6••,T.' 1 5'5.r I .4.6. rrjni.,:pn i Pat Pad.. 1 f Tara,Gro.rd Ot Mtertalt 10 Med 'atm IT,k Coll i r,ve f Cutt ‘—laver 1/P.•r',.lj [Ali,//ft..furl. Winfe'ff S'oW W ditV'S',`..,7'.17,;;':',..: H 16 I' ..„ ,,,,,,., „:,..„..,,.. ni. ,..,.,„ _ , ... r.p,..Airen,, 1"-S•=--- ............4.14....5......,..., car Cr!, 'Sam,now tar ar--aatrat' lta z Wart or MT icemaal: 1.aterf.".: * 1—.-] .4 atm 1 yea E CaTia _CAT Ias Clan II41.:0.0 Prel,me atm,.Tate!Tutbrr.l 50 4 il•tg:::!':::''''''''''''''I, .? 6'1 M.; . ,,,,,,, Italearait dIalt Tem 1 3,MmIT I t• ' i P.M OCS V, ii !/3 LAC Yellen ,TILE runt i GUrrOl oars,T' IP I. .i°..1X: oer for ess-ceals *Sub.coics,o•Motvaa1) ',mem.14.Pa do ot.1. Mar,m.,atm ma CsO togs. :•Cfrl 0 5 th,tl, 4 ttaT •',clew 5 IMP A,' d,11.1.0,1 Plat 1,4. Se,!Or ... C:;, CA•Im CuT0141r,On,.,,-It able am Pim VI..fa!l Cua•ITT., PlaV I 1;2 Mr ..— 4.1,•WOO. sc-.- ,12 ra• -a—m 6r.61,6 6TT. alletm,am< KM,anfli,m VeraloWe..). 1.1.4.,Ccuy 6 Coe ram,Ts.E Cam, ram t Car• 3hIgni k ;7...It'o.'4"0:411,•1 5541112.,Arta rd.',tett 1714• 31111..,..,,hl(.11.1e Prow 4461.10,16 VOW.MVO.")./Mir MANY? MEET OATS Meat II. OM, SIMIPFEIII AND 1•11102410M100011.,71.1,TIL.AT-11{1.12CM. ENGINEERING MO "at ISCOW,' IisalICII4 MANY ia TYPICAL SECTION DETALS COLO. 4 44 .,„.....:,...;;.:,, St?St ...,.,..,......,.....w.,.....a DocuSign Envelope ID:9E47EE2A-311 F-4BD9-8463-OBBD1 C7EOEE1 16115 625-010-10 ROADWAY DESIGN OGC-08/17 Page 10 of 12 03001-000, 2020-M-192-00001 Section No.0�010_oo0, CAFA No. 03080-000 EXHIBIT"C" TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT CAU DocuSign Envelope ID:9E47EE2A-311 F-4BD9-8463-OBBD1C7EOEE1 16IL10 ROADWAY DESIGN OGC•08/17 Page 11 of 12 03001-000, 2020-M-192-00001 Section No.03010-000, CAFA No. 03080-000 EXHIBIT "D" AGENCY RESOLUTION _L.L.a Envelope nvelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 Page l of 2 16D5 RESOLUTION NO. 2020 - 54 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A COMMUNITY AESTHETIC FEATURE AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT); APPROVING COUNTY FUNDING OF THE COST, .DESIGN, INSTALLATION, AND MAINTENANCE OF THE PUBLIC ART PROJECT INVOLVING COUNTY IMPROVEMENTS TO COLLIER AREA TRANSIT (CAT) BUS STOPS LOCATED ON CERTAIN FDOT OWNED RIGHTS-OF-WAY. WHEREAS, the Board of County Commissioners ("County") has requested permission from FDOT,to install Public Art community aesthetic features on certain rights-of-way owned by FDOT, ("Project"), by painting the curbs at the CAT bus stops with the CAT bus logo to improve the boarding and alighting areas for the benefit of CAT bus passengers and drivers; and WHEREAS, FDOT and the County agree that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development,and increase tourism both locally and throughout Florida; and WHEREAS, FDOT and the County wish to enter into a Community Aesthetic Feature Agreement, that provides for County funding of the Project,design and construction standards and required approvals; 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 Chairman to sign the attached Community Aesthetic Feature Agreement. 2. The Board of County Commissioners approves the funding of design, installation, and maintenance costs of the Project. 3. The Collier County Clerk to the Board shall forward a certified copy of this Resolution to FDOT along with the attached Community Aesthetic Feature Agreement for execution by FDOT. 4. This Resolution shall take effect immediately upon adoption. I DocuSign Envelope ID:9E47EE2A-311 F-4BD9-8463-OBBD1C7EOEE1 Page 2 of 2 1605 THIS RESOLUTION ADOPTED after majority vote on theclay oftkc1),2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTA mgEL, CLERK COLLIER COUNTY, FLORIDA < ot 4) • ' 6 s ; ,:1 y ._. _I By: 444,t,:e€441.00-- By:- .�. '" ,iff , r,1 Cler Burt L. Saunders, Chair sig :• a ill- ..p Approv:• .s• .form and legality: i r 4 Aid Jeffrey AI 1: , County Attorney Item# t__:• Agenda3 • . 4 Date Date 3 --. Recd 1 Deputy Cler+ • DocuSign Envelope ID:9E47EE2A-311F-4BD9-8463-OBBD1C7EOEE1 1 6 L 0 5 625-010-10 ROADWAY DESIGN OGC-08117 Page 12 of 12 Section No. CAFA No. EXHIBIT "E" NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and Collier County PROJECT DESCRIPTION: Collier Area Transit Boarding and Alighting Painted Area In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Title: RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned 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 Agency shall furnish the Department a set of"as-built" plans certified by the Engineer of Record. By: SEAL: Name: Date: