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
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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
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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
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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.
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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:
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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
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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
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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.. •
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DEPART E T
State of Florida, Department of Transportation
By:
Print Name:
Title:
Date:
Legal Review:
i 6125-0,0_,0
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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
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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
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1605
Teresa L. 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
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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.
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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
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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
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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
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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
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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
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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
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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+ •
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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: