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Backup Documents 10/13/2020 Item #16A23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 2 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Co ty Attorney Office no later than Monday preceding the Board meeting. f **NEW** ROUTING SLIP VE 10 11 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 1-exd(3 (6 -8.0b 4. BCC Office Board of County 13C> ,fin Commissioners 5. Minutes and Records Clerk of Court's Office IDAsix PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Pamela Lulich/GMD-Road Maintenance Phone Number 239-252-6291 Contact/ Department Agenda Date Item was 0 Agenda Item Number 16A Approved by the BCC Lb 'i 3' O Type of Document Florida Department of Transportation Number of Original •FBA+ 1 Attached (F.D.O.T.) Beautification Grant, Documents Attached Landscape Maintenance Memorandum of Agreement with the Florida Department of Transportation in which Collier County will be reimbursed up to $78,631.00 for median irrigation and landscaping improvements on US 41 North (Pine Ridge Road to Gulf Park Drive, State Road 45/State Road 90), to authorize the necessary budget amendment and allow project activity. PO number or account IIIIMIIIMINFar number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in th---rr— .licable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairm. original s'_ ature? PL 2. Does the document need to be sent to ano -ncy for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PL document or the final negotiated contract date whichever is applicable. 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 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PL 1 6 A 2 3 signature and initials are required. 7. In most cases (some contracts are an exception),the original document and this routing slip PL should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 14Q4fd pd all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the �` N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the Inn I option for Chairman's signature. his line. NOTE: AGREEMENT DEADLINE TO SEND RECORDED AGREEMEN ! " i OT IS DECEMBER 15,2020: SEND FEDEX AGREEMENT TO FDOT FOR SIGNATURE AND PRIOR TO RECORDING: Attn: Darryl Richard, District Landscape Architect (DLA) Mail Code: MS 1-28 FDOT District One 801 North Broadway Avenue Bartow, FL 33830 ENCLOSE A FEDEX RETURN ENVELOPE WITH AGREEMENT ADDRESSED TO CLERK FOR RECORDING: Attention: Teresa Cannon or Ann Jennejohn Clerk of the Circuit Court & Comptroller Collier County, Florida Board Minutes & Records/VAB Collier County Courthouse 3315 Tamiami Trail East Naples, Florida 34112-5324 (239) 252-8411 Or (239) 252-8406 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 1 6 A 2 3 co,covkT¢co Collier County Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 Cl14R c'o I NTN•4� October 19, 2020 FDOT Attn: Darryl Richard, DLA 801 North Broadway Ave. Mail Code: MS 1-28 Bartow, Florida 33830 Re: FDOT Beautification Grant #G1K23 (undated) Transmitted herewith is one (1) original agreement of the above referenced document, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on TuesdaL,....S.gp.tomitrering Regular Session. LO—t3►2017) Included in this packet is a return FedEx envelope so that the original is returned for recording. Very truly yours, CRYSTAL K. KINZEL, CLERK Martha Vergara, Deputy Clerk Phone-(239)252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 16423 DocuSign Envelope ID:DiAC1AF6-65C1-45C5-8FDO-FA8076D82B37 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OGC-07/17 Contract Number G1 K23 FM No. 446967-1-74-01 11 FEID No: 00-00-0000000 THIS AGREEMENT, entered into this +r day of Nd�len►YRC2020, by and between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT,and COLLIER COUNTY, political subdivision of the State of Florida, located at 3299 Tamiami Trail East, Naples, FL 34112, hereinafter called the RECIPIENT. WITNESSETH WHEREAS, the DEPARTMENT and the RECIPIENT are desirous of having the RECIPIENT make certain improvements in connection with Financial Management (FM) Number 446967-1-74-01 for landscape improvements in COLLIER County, Florida, located at 3299 Tamiami Trail East, Naples, FL 34112, herein after referred to as the Project. Refer to Exhibit"A" for a detailed Scope of Services and Exhibit "B" for a set of Project Plans attached hereto and made a part hereof; and WHEREAS, the Department is authorized under Sections 334.044 and 339.2405, Florida Statutes, to enter into this Agreement; and WHEREAS, the Florida Legislature has appropriated the amount of $78,631.00 in Fiscal Year 2020 to the Department in order to provide funding for highway beautification programs through a certified Florida Beautification Grant at the local level; and WHEREAS, the improvements are in the interest of both the RECIPIENT and the DEPARTMENT and it would be more practical, expeditious, and economical for the RECIPIENT to perform such activities; and, WHEREAS, the RECIPIENT by Resolution No. 2019-168 adopted on September 24, 2019, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement as Exhibit"G". NOW,THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project,the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The RECIPIENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards, and will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under the Agreement. 3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the RECIPIENT at no extra cost. 4. The RECIPIENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The RECIPIENT will make best efforts to obtain the DEPARTMENT'S input in its decisions. 5. The DEPARTMENT agrees to compensate the RECIPIENT for activities as described in Exhibit"B". The total cost of the Project is estimated at$152,926.00.The DEPARTMENT agrees to pay up to a maximum amount of$78,631.00 for actual costs incurred. The RECIPIENT shall submit progress billings to the DEPARTMENT on a quarterly basis. The balance of the Project cost shall be the sole responsibility of and paid by the RECIPIENT. The RECIPIENT acknowledges and agrees that the DEPARTMENT'S obligation to make payment under the AGREEMENT is contingent upon an annual appropriation by the Florida legislature. INSTR 5963832 OR 5854 PG 680 RECORDED 12/3/2020 4:47 PM PAGES 48 Page 1 of 17 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$409 50 16A2_3 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FDO-FA8076082t337 65u-05C•10 .CRIDA DEPARTNFN I OF TRANS OHf,47I0M1 DRODLCTIO%SUPPORT BEAUTIFICATION GRANT CGC-0nv 6. This Agreement and Exhibit "C". attached hereto and made a part hereof shall act to supersede the normal requirements of the RECIPIENT to secure a separate DEPARTMENT landscape permit and this agreement is deemed to constitute such permit. The DEPARTMENT shall retain any rights in relation to the RECIPIENT as if it has issued a permit. 7. The RECIPIENT shall: (a) Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the RECIPIENT during the term of the contract: and (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. S. The RECIPIENT must certify that the installation of the project is completed by a Contractor prequalified by the DEPARTMENT as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended unless otherwise approved by the DEPARTMENT in writing or exhibit past project experience in the last five years that are comparable in scale. composition, and overall quality of the site identified within the scope of services of this project. Ej CEI Requirement(Check where applicable) 9. Construction Engineering Inspection (CEI) services will be provided by the RECIPIENT by hiring a DEPARTMENT prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the DEPARTMENT in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer. The DEPARTMENT shall approve all CEI personnel. The RECIPIENT is hereby precluded from having the same consultant firm providing design services. 10. This Agreement and any interest herein shall not be assigned. transferred or otherwise encumbered by the RECIPIENT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 11. Except as otherwise set forth herein this Agreement shall continue in effect and be binding to both the RECIPIENT and the DEPARTMENT until the Project is accepted in writing by the DEPARTMENT'S Project Manager as complete, or June 30. 2021, whichever occurs first. The DEPARTMENT and RECIPIENT may agree to extend this Agreement in writing. The RECIPIENT shall delegate signature authority for the RECIPIENT to County Administrator. 12. The RECIPIENT shall provide the following quantifiable, measurable. and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The deliverables for the Project are shown in Exhibit "D" Deliverables, attached hereto and made a part hereof.The RECIPIENT will need DEPARTMENT approval, in writing.if deviating from these deliverables and the Landscape Plans as shown in Exhibit"B"when approved by the DEPARTMENT. As limited by paragraph number 5, the RECIPIENT will be reimbursed for actual expenses incurred during the Agreement time period that are directly related to the installation of landscape improvements as set forth in this Agreement.The RECIPIENT will submit a written progress report by the 15'h day of the month following the installation attesting to the actual number of large and/or small plants installed. along with all irrigation parts received and installed at the Project site. Upon completion of all outstanding contractors'deficiencies (punch-list items), the RECIPIENT will notify the DEPARTMENT'S District Landscape Architect who is responsible for the review and acceptance of the landscape improvements contemplated in this Agreement. Page 2of17 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FDO-FA8076D82B37 1 6 A 2 3 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OGC-07/17 13. Upon completion, and authorized by this Agreement, the RECIPIENT shall notify the DEPARTMENT in writing of the completion for all design work that originally required certification by a Registered Landscape Architect. This notification shall contain a Landscape Architect's Certification of Compliance Letter, signed and sealed by a Registered Landscape Architect. The certification letter shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations per paragraph number 11 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. 14. The RECIPIENT shall agree to maintain all landscape improvements at its sole cost and expense and in accordance with the terms of the Landscape Maintenance Memorandum of Agreement attached hereto and made a part hereof as Exhibit"E". 15. Upon completion and certification of the Project,the RECIPIENT must submit the Final Invoice to the DEPARTMENT within 180 days after the final acceptance of the Project which may follow the 365 day warranty period. Invoices submitted after the 180 day time period may not be paid. 16. There shall be no reimbursement for travel expenses under this Agreement. 17. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the RECIPIENT is unsatisfactory, the Department shall notify the RECIPIENT of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The RECIPIENT shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the RECIPIENT will address all issues of contract non-performance, unacceptable performance,failure to meet the minimum performance levels,deliverable deficiencies,or contract non- compliance. If the corrective action plan is unacceptable to the Department, the RECIPIENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the RECIPIENT resolves the deficiency. If the deficiency is subsequently resolved, the RECIPIENT may bill the Department for the retained amount during the next billing period. If the RECIPIENT is unable to resolve the deficiency,the funds retained will be forfeited at the end of the Agreement's term. 18. Invoices shall be submitted by the RECIPIENT in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "B" and Exhibit "D". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 19. Supporting documentation must establish that the deliverables were received and accepted in writing by the RECIPIENT and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 12 has been met. 20. The RECIPIENT understands and agrees to comply with Section 20.055(5), Florida Statues, and to incorporate in all subcontracts the obligation to understand and comply with Section 20.055(5), Florida Statutes. 21. RECIPIENT providing goods and services to the DEPARTMENT should be aware of the following time frames. The DEPARTMENT has (10) ten working days to inspect and approve the goods and services where working day is defined as any day of the week excluding Saturday, Sunday and any legal holiday as designated in Section 110.117, Florida Statutes. The DEPARTMENT has (20)twenty working days to deliver a request for payment(voucher)to the Department of Financial Services. The (20)twenty working days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. The RECIPIENT providing goods and services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or Page 3 of 17 0 1 6 A 2 3 DocuSign Envelope ID:DiAC1AF6-65C1-45C5-8FDO-FA8076D82B37 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OGC-07/17 services shall take no longer than (20)twenty working days.The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. 22. If a payment is not available within (40) forty days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the RECIPIENT. Interest penalties of less than one (1) dollar will not be enforced unless the RECIPIENT requests payment. Invoices that have to be returned to a RECIPIENT because of RECIPIENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 23. A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this individual include acting as an advocate for RECIPIENT who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850) 413-5516. 24. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the RECIPIENT'S general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project,and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 25. In the event this contract is for services in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00)and a term fora period of more than one year,the provisions of Section 339.135(6)(a), Florida Statutes,are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of$25,000 and which have a term for a period of more than 1 year." 26. The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department staff, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the state Chief Financial Officer(CFO) or Auditor General. Page 4of17 16A23 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FDO-FA8076D82B37 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT occ-07r17 (b) The Recipient, as a"nonstate entity"as defined by Section 215.97(2)(n), Florida Statutes, and as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: i) In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of the threshold established by Section 215.97, Florida Statutes, in any fiscal year of the Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit"F"to this Agreement provides the specific state financial assistance information awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department,other state agencies,and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. ii) In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. iii) If the Recipient expends less than the threshold established by Section 215.97, Florida Statutes, in state financial assistance in a fiscal year,an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required; however, the Recipient must provide to the Department a certification of exemption to FDOTSingleAudit(c�dot.state.fl.us no later than 9 months after the end of the Recipient's fiscal year for each applicable audit year. In the event that the Recipient expends less than the threshold established by Section 215.97, Florida Statutes, in state financial assistance in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv) Copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAuditCa7dot.state.fl.us and State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(a,aud.state.fl.us v) Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters Page 5 of 171116 DocuSign Envelope ID:DlAC1AF6-65C1-45C5-8FDO-FA8076D82B37 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OGC-07/17 10.550(local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, as applicable. vi) The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii) Upon receipt, and within 6 months,the Department shall review the Recipient's financial reporting package, including the management letters and corrective action plans,to the extent necessary to determine whether timely and appropriate corrective action has been taken with respect to audit findings and recommendations pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes,the Department may take appropriate corrective action to enforce compliance, in accordance with Section 215.97(8)(1), Florida Statutes. viii) As a condition of receiving state financial assistance, the Recipient shall allow the Department, or its designee,the CFO or Auditor General access to the Recipient's records, including project records, and the independent auditor's working papers as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. (c) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (d) The RECIPIENT 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 RECIPIENT in conjunction with this Agreement. Failure by the RECIPIENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. 27. The RECIPIENT warrants that it has not employed or obtained any company or person, other than bona fide employees of the RECIPIENT,to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the RECIPIENT. For breach or violation of this provision,the DEPARTMENT shall have the right to terminate the Agreement without liability. 28. The Agreement affirms that RECIPIENT 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 RECIPIENT 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. 29. The RECIPIENT 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 Page 6 of 17 16A23 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FDO-FA8076D82B37 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OCC-07/17 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 RECIPIENT further agrees 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. 30. CLAIMS: When the Department received notice of a claim for damages that may have been caused by the RECIPIENT in the performance of services required under this Agreement, the Department will immediately forward the claim to the RECIPIENT. 31. In a contract executed between the RECIPIENT and one or more contractors arising out of this Agreement, such contract shall state that: To the fullest extent permitted by law the RECIPIENT's contractor shall indemnify and hold harmless the RECIPIENT, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of contractor and persons employed or utilized by contractor in the performance of this Contract. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and RECIPIENT'S sovereign immunity. In a contract executed between the RECIPIENT and one or more consultants arising out of this Agreement, such contract shall state that: To the fullest extent permitted by law,the RECIPIENT's consultant shall indemnify and hold harmless the RECIPIENT, the State of Florida, Department of Transportation, and its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part, by the professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and RECIPIENT'S sovereign immunity. 32. This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The RECIPIENT agrees to waive forum and venue and that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided. 33. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document except the Landscape Maintenance Memorandum of Agreement between the DEPARTMENT and the RECIPIENT which is included as Exhibit"E". Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Page 7 of 17 t^� O 6A23 DocuSign Envelope ID;D1AC1AF6-65C1-45C5-8FD0-FA8076082837 850-050-10 FLORIDA DEPARTMENT Cr THANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT 03c-07:17 34. Any or all notices (except invoices)given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail. return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: If to the RECIPIENT: State of Florida Department of Transportation Collier County Road Maintenance Division District Landscape Architect(District 1) 2885 Horseshoe Drive South 801 N. Broadway Ave.. Bartow, FL 33830 Naples Florida 34104 Attention: Darryl Richard Contact: Pamela J. Lulich Title: District Landscape Architect Title: Landscape Operations Manager Director Collier County Road A second copy to: District Maintenance Engineer With a copy to: Maintenance Division 35. LIST OF EXHIBITS Exhibit A: Scope of Services Exhibit B: Project Plans Exhibit C: Permit Requirements Exhibit D: Deliverables Exhibit E: Landscape Maintenance Memorandum of Agreement Exhibit F: State Financial Assistance (Florida Single Audi Act) Exhibit G:Agency Resolution IN WITNESS WHEREOF,this Agreement is to be executed below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution 2019-171, hereto attached. BOARD OF COUNTY COMMISSIONERS STATE OF FLORID• COLLIER NTY DEPARTME J OF ' • SPO' Tl' BY: `� BY: ��Iu /� � . uthorized gnaturo Auth. ze, Signatu . NAME: Burt L. Saunders AME: _ Dag V��,�1/./�r (Print/Type) (Prin pe) TITLE: Chairman Dire tor of Transportation Development (Print/Typo) (Pin, y e) DATE: 2(� ATTEST: 1� � ;;(,SEAL) ATTEST: .._at(?)(- EAL) 11 • TITLE: a � TITLE: ► f S Print Name A it's I "S gg . eef S A APPROVED 7igOIQ LEGAL ITy: LEGAL REVI : -3ttfftCICN:* /� oa t. 7 v/ zie �C -j..� Office of th - engraLCounsel Date ` Jennifer A. Belpedio os_37 Assistant County Attorney "VI Page 8 of 17 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FDO-FA8076D82B37 1 6 A 2 3 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OGC-0nn EXHIBIT A SCOPE OF SERVICES The RECIPIENT COLLIER COUNTY Board of County Commissioners) agrees to make certain landscape improvements on US 41 (State Road 45/State Road 90), Florida, and will subsequently furnish, construct, and inspect the landscape as shown in the plans and specifications prepared by McGee & Associates Landscape Architecture, dated 06/04/2020. The following conditions shall apply: (a) The current Florida Department of Transportation Design Standard Plans Index 580 must be adhered to. (b) Lateral offset as specified in the Design Manual or Plans Preparation Manual. (c) Landscape materials shall not obstruct roadside signs or the outdoor advertising view zones for permitted outdoor advertising signs per Florida Statutes 479.106. (d) Landscape materials shall be of a size, type and placement so as not to impede large machine mowing that the DEPARTMENT currently provides and will continue to provide at the same frequency. (e) Should the RECIPIENT elect to design, furnish and construct irrigation, all costs associated with water source connection(s), continued maintenance of the distribution system and water, and electricity costs shall be born solely by the RECIPIENT.All permits(including tree permits),fees,and any mitigation associated with the removal,relocation or adjustments of these improvements are the RECIPIENT'S responsibility. (f) During the installation of the Project and future maintenance operations, maintenance of traffic shall be in accordance with the current edition of the MUTCD and the current Department Design Standards. (g) If there is a need to restrict the normal flow of traffic it shall be done in accordance with the approved Maintenance of Traffic Plan (see Exhibit B). The party performing such work shall give 48 hour notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the Project. The DEPARTMENT'S Public Information Office shall also be notified by phone at 1-800-292-3368 at least 48 hours in advance. (h) The RECIPIENT shall be responsible to clear all utilities within the Project limits. Page9of17 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FDO-FA8076D82837 1 6 A 2 3 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OCC-07/17 EXHIBIT B PROJECT PLANS Please see attached plans prepared by: Michael A. McGee, RLA of McGee &Associates Landscape Architecture Dated June 4, 2020 Page 10 of 17 1 6 A 2 3 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FD0-FA8076D82B37 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OTC-07/17 EXHIBIT C PERMIT REQUIREMENTS 1. The Project shall be designed and constructed in accordance with the latest edition of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual ("PPM"),also known as the "Design Manual", Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book") and the DEPARTMENT Traffic Engineering Manual. The RECIPIENT will be required to submit any construction plans required by the DEPARTMENT for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the RECIPIENT shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The RECIPIENT shall maintain the area of the project at all times and coordinate any work needs of the DEPARTMENT during construction of the project. 2. The RECIPIENT shall notify the DEPARTMENT a minimum of 48 hours before beginning construction within DEPARTMENT right of way. The RECIPIENT shall notify the DEPARTMENT should construction be suspended for more than 5 working days. The DEPARTMENT contact person for construction is Brian T DeBoy at Ft. Myers Operations located at 2981 NE Pine Island Road, Cape Coral, FL 33909,Telephone number(239) 985-7807, Email address brian.deboy(a�dot.state.fl.us. 3. The RECIPIENT 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 the DEPARTMENT Design Manual. The RECIPIENT 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 the DEPARTMENT Design Standard Plans Index 201. Any MOT plan developed by the RECIPIENT that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. 4. The RECIPIENT 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. 5. The RECIPIENT will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. 6. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting from this Agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in the RECIPIENT, except as may otherwise be provided in separate agreements. The RECIPIENT shall not acquire any right, title, interest or estate in DEPARTMENT 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 RECIPIENT's use, occupancy or possession of DEPARTMENT right of way. The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to chapter 163, Florida Statutes. 7. The RECIPIENT shall not cause any liens or encumbrances to attach to any portion of the DEPARTMENT'S property, including but not limited to, DEPARTMENT RIGHT-OF-WAY. Page 11 of 17 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FDO-FA8076D82B37 1 �j 3 b'�o-o5d 12 J FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OTC-07/17 8. The RECIPIENT shall perform all required testing associated with the design and construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to perform its own independent testing during the course of the Project. 9. The RECIPIENT shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. 10. If the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right of way at the sole cost, expense, and effort of the RECIPIENT. The RECIPIENT shall bear all construction delay costs incurred by the DEPARTMENT. 11. The RECIPIENT shall be responsible to maintain and restore all features that might require relocation within the DEPARTMENT right of way. 12. The RECIPIENT will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. 13. The RECIPIENT will be required to maintain the Project until final acceptance by the DEPARTMENT. The acceptance procedure will include a final "walk-through" by RECIPIENT and DEPARTMENT personnel. Upon completion of construction, the RECIPIENT will be required to submit to the DEPARTMENT final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11"X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the RECIPIENT shall remove its presence, including, but not limited to, all of the RECIPIENT's property, machinery, and equipment from DEPARTMENT right of way and shall restore those portions of DEPARTMENT 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. 14. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of this Agreement, the DEPARTMENT shall deliver written notification of such to the RECIPIENT. The RECIPIENT shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or such other time as the RECIPIENT and the DEPARTMENT mutually agree to in writing, to complete the Project and provide the DEPARTMENT with written notice of the same (the "Notice of Completion"). If the RECIPIENT 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, within its discretion may: 1) provide the RECIPIENT with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the RECIPIENT's sole cost and expense, without DEPARTMENT liability to the RECIPIENT 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 RECIPIENT with an invoice for the costs incurred by the DEPARTMENT and the RECIPIENT shall pay the invoice within thirty (30) days of the date of the invoice. 15. The RECIPIENT shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The RECIPIENT shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. OHO Page 12 of 17 16A23 DocuSign Envelope ID:DiAC1AF6-65C1-45C5-8FDO-FA8076D82B37 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OCC-07/17 16. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the RECIPIENT to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Planning and Environmental Management Office (PL&EM) must be contacted immediately at 863-519-2753. 17. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act(ADA)standards. 18. Restricted hours of operation will be from 9:00 am to 3:30 pm, (Monday-Friday), unless otherwise approved by the Operations Engineer, or designee. 19. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the DEPARTMENT's Public Information Office is: Zachary Burch Florida Department of Transportation Public Information Office 10041 Daniels Parkway Fort Myers , Florida 33913-7785 Phone 239-225-1950 Page 13 of 17 CAO I6A23 DocuSign Envelope ID:DiAC1AF6-65C1-45C5-8FDO-FA8076D82B37 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OGC-07/17 EXHIBIT D DELIVERABLES Financial Management Number: FPID 446967-1-74-01; CONTRACT G1 K23 LANDSCAPING; US 41 North ( Gulf Park Drive to Pine Ridge Road ) The purpose of this Exhibit is to describe the DELIVERABLES of COLLIER COUNTY in connection with the construction of landscape enhancements on US 41 (State Road 45/State Road 90) Gulf Park Drive to Pine Ridge Road. The project will include clearing, grubbing, grading, erosion control and restoration necessary for the installation of the landscape enhancements and associated irrigation system. The general objective is for COLLIER COUNTY to provide contract administration, management services, construction engineering inspection services and quality acceptance reviews of all work associated with the construction of the associated improvements. The services performed shall be in accordance with all applicable Florida Department of Transportation manuals, guidelines and specifications. Deliverables are as follows: 1. Installation of 6788 Arachis glabrata 'Golden Glory' Perennial Peanut 2. Installation of 1387 Dietes bicolor'Yellow African Iris' 3. Installation of 6 Quercus virginiana 'Cathedral' Southern Live Oak 4. Installation of 2 Roystonea elata, Florida Royal Palm. 5. Installation of 1 Wodyetia bifurcate, Foxtail Palm. 6. Provide for on-going watering of all plant material till established 7. Provide for on-going watering through irrigation system and/or water truck 8. Provide adequate temporary and permanent erosion control 9. Maintain traffic on State Road 45 (US 41) Gulf Park Drive to Pine Ridge Road during construction and maintenance operations. 10. Provide, upon completion of construction, Final As-built Construction Plans, signed and sealed by a Professional Engineer or Landscape Architect, registered in the State of Florida, as appropriate. 11. Provide Construction Engineering and Inspection (CEI) and Quality Assurance Engineering. 12. Coordinate construction activities with other construction projects that are impacted by or impact this project. This includes projects under the jurisdiction of local governments or other regional and state agencies. S Page 14 of 17 DocuSign Envelope ID: D1AC1AF6-65C1-45C5-8FDO-FA8076D82B37 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OGC-07/17 EXHIBIT E LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT PLEASE SEE ATTACHED Page 15 of 17 0 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FDO-FA8076D82B37 1 6 A 2 3 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OTC-07/17 EXHIBIT F STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation State Project HIGHWAY BEAUTIFICATION GRANTS—KEEP FLORIDA BEAUTIFUL Title: CSFA Number: 55.003 *Award Amount: $ 78,631.00 "The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.003 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.003 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/Compliance.aspx Page 16 of 17 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FDO-FA8076D82B37 1 6 A 2 3 650-050-10 FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT BEAUTIFICATION GRANT OGC-07/17 EXHIBIT G AGENCY RESOLUTION PLEASE SEE ATTACHED Page 17 of 17 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FD0-FA8076D82B37 1 6 A 2 3 EXHIBIT G RESOLUTION NO.2019- 1 6 8 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO APPLY FOR AND ACCEPT A BEAUTIFICATION GRANT, AND IF AWARDED, ENTER INTO A BEAUTIFICATION GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, many roadside areas and median strips within Department of Transportation rights-of-way must be maintained and attractively landscaped; and WHEREAS, the Collier County Board of County Commissioners wishes to beautify and improve various rights of way by landscaping within Collier County; and WHEREAS, the Collier County Board of County Commissioners wishes to authorize the County Manager or his Designee to apply for a Beautification Grant from the Florida Department of Transportation, and if awarded, to accept the grant, and enter into a Standard Form FDOT Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between Collier County and the Florida Department of Transportation. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: Section 1. The Board hereby authorizes the County Manager or his Designee to apply for a Beautification Grant from the Florida Department of Transportation, and if awarded, accept the grant, and enter into a standard form FDOT Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between Collier County and the Florida Department of Transportation. Section 2. The Clerk of Courts is hereby directed to send a copy of this Resolution to the Department of Transportation along with any later executed Florida Highway Beautification Grant, Landscape Construction,and Maintenance Memorandum of-Agreements. THIS RESOLUTION is adopted after motion, second, and majority vote favoring same thisia.&-4l.ay of September 2019. ATTEST BOARD OF COUNTY COMMISSIONERS CRYSTAL KINZ EL, Clerk COLLIER C ,'F.LORIDA ' hi Oj-A--') k By: Attest as to aid, a ,s '; eputy Clark` !ham L. McDaniel,Jr.,Chairman slgna g an egalsufficiency: Jeffrey A ow,County Attorney Page 1 of 1 l DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FD0-FA8076D82B37 1 6 A 2 3 FPID 446967-1-74-01 Contract#: G1K23 EXHIBIT E COUNTY: COLLIER ROADWAY: US 41(SR 45) LANDSCAPE MAINTENANCE AND INSTALLATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY THIS Agreement, made and entered into thisjday of \10\M-161,2020, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, "DEPARTMENT")and,the COLLIER COUNTY (hereinafter, "AGENCY") for the AGENCY to maintain, at the AGENCY'S expense, landscaping within the area specified below. WITNES SETH 1. WHEREAS, the DEPARTMENT has jurisdiction over and maintains US 41 (State Road 4 5) as part of the State Highway System; and 2. WHEREAS, the AGENCY, with the permission of the DEPARTMENT, seeks to install specialized landscape and irrigation improvements within the medians only within the Rights-of-Way of US 41 (STATE ROADWAY 45) from Gulf Park Drive to Pine Ridge Road (hereinafter, "PROJECT") and the AGENCY has agreed, at its expense, to maintain the landscaping and irrigation within the medians only upon completion of the PROJECT. 3. WHEREAS, the AGENCY, by Resolution No.2019-168, dated September 24, 2019 and attached hereto as Exhibit G, attached hereto and incorporated into this Agreement, accepted this obligation and authorized its Chairman or Designee to execute this Agreement on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT,that prior to submitting this agreement it has complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement in accordance with Fla. Stat. §479.11. Page 1 of 5 O�� DocuSign Envelope ID: D1AC1AF6-65C1-45C5-8FD0-FA8076D82B37 16 A 2 3 EXHIBIT E FPID 446967-1-74-01 Contract#: G1K23 COUNTY:COLLIER ROADWAY: US 41 (SR 45) 2. The AGENCY agrees to maintain the landscape and irrigation improvements in accordance with the Technical Maintenance Plan included as Exhibit H attached hereto and by this reference made a part hereof. The AGENCY agrees, at the AGENCY'S expense,to maintain all landscaping and irrigation and mowing of the grass within the medians only pursuant to the Landscape Plan(s) included as Exhibit B, attached hereto and incorporated into this Agreement, and Rule 14-40.003, Florida Administrative Code, as it may be amended from time to time the AGENCY shall maintain all landscape areas within the medians from Gulf Park Drive(MP 5.824) to Pine Ridge Road (MP 7.256) along US 41 State Road 45 (03010000) so that the landscaping areas meet or exceed minimum Maintenance Rating Performance Standards (MRP) as defined by the DEPARTMENT. 3. The landscaping duties to be performed by the AGENCY shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plan(s)without written approval of the DEPARTMENT. 4. All landscape and irrigation installation and maintenance activities undertaken by AGENCY shall be pursuant to the Work Zone Traffic Control Plan(s) using the FDOT Standard Plans Index 102, and incorporated into this Agreement, and Rule 14-40.003, Florida Administrative Code. 5. The AGENCY may utilize its employees or third parties to accomplish its obligations under this Agreement. However, the AGENCY remains responsible for proper performance under this Agreement and shall take all steps necessary to ensure that its employees or third parties perform as required under this Agreement. 6. It is understood between the parties hereto that the landscaping and irrigation covered by this Agreement may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order to widen, alter or otherwise change the state road to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping and irrigation which time the DEPARTMENT may remove the same. 7. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this PROJECT. If at any time after the AGENCY has assumed landscaping and irrigation maintenance responsibility it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, the District Secretary or his designee may issue a written notice to the AGENCY that a deficiency or deficiencies exist(s). Upon receipt of the notice, the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: a) The DEPARTMENT may take action to maintain the landscaping and irrigation or a part thereof, with DEPARTMENT or its Contractor's personnel and invoice the AGENCY for expenses incurred and the AGENCY shall promptly reimburse the DEPARTMENT for the costs, or b) The DEPARTMENT may terminate the Agreement, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping and irrigation that the DEPARTMENT directs be removed and return the medians to their original condition. 043 Page 2 of 5 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FD0-FA8076D82B37 1 6 A 2 3 EXHIBIT E FPID 446967-1-74-01 Contract#: G1K23 COUNTY: COLLIER ROADWAY: US 41 (SR 45) 8. This Agreement shall take effect upon execution by both parties. 9. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to terminate this Agreement. Termination shall be done in writing giving the other party thirty (30) days notice. Upon notice of termination by either party, all landscape and irrigation improvements shall be removed by the AGENCY and the DEPARTMENT'S medians within the right-of-way returned to its original condition. If, after thirty (30) days, the landscape and irrigation improvements have not been removed,the DEPARTMENT may, at its option, proceed as follows: a) Maintain the landscape and irrigation improvements within the limits of said project with DEPARTMENT'S contractor or personnel and the AGENCY shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of such work; or b) Remove all landscape and irrigation improvements; return the medians within the right- of-way to their original condition with the DEPARTMENT'S contractor or personnel and the AGENCY shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of such work. 10. The AGENCY shall keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY'S self insurance program. 11. To the extent provided by law,the AGENCY shall indemnify, defend, save and hold harmless DEPARTMENT against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of AGENCY, or any of its officers, agents, contractors or employees, acting within the scope of their office or employment, in connection with this MAINTENANCE AGREEMENT's obligations and rights granted to or exercised by AGENCY. The foregoing indemnification shall not constitute a waiver of sovereign immunity by AGENCY beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute an agreement by AGENCY to indemnify DEPARTMENT for the negligent acts or omissions of DEPARTMENT.Nothing herein shall be construed as consent by AGENCY to be sued by third parties in any manner arising out of this agreement. The indemnities assumed by the AGENCY shall survive termination of this agreement. 12. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the AGENCY in the performance of services pursuant to this Agreement, the DEPARTMENT will immediately forward the claim to AGENCY, and the DEPARTMENT will evaluate the claim and report their findings to each other within seven working days and will jointly discuss options in defending the claim. After reviewing the claim, the DEPARTMENT will determine whether to require the participation of the AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in such claim pursuant to this section. The DEPARTMENT'S failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in the same percentage as that judicially established. 13. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the Page 3 of 5 0 DocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FDO-FA8076D82B37 1 6 A` 2 J EXHIBIT E FPID 446967-1-74-01 Contract#: G11(23 COUNTY: COLLIER ROADWAY: US 41 (SR 45) subject matter hereof that are not merged herein and superseded hereby. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO COLLIER COUNTY: Mr. Darryl Richard Pamela J. Lulich District Landscape Architect Landscape Operations Manager 801 North Broadway (MS 1-28) 2885 Horseshoe Drive South Bartow, FL 33830-1249 Naples Florida 34104 Rest of this page intentionally left blank. Page 4 of 5 (C)QO oocuSign Envelope ID:D1AC1AF6-65C1-45C5-8FD0-FA8076D82837 16 A 2 3 EXHIBIT E FP1D 446967-1-74-01 Contract#: G 1 K23 COUNTY:COLLIER ROADWAY: US 41 (SR 45) IN WITNESS WHEREOF, COLLIER COUNTY; has caused this Agreement to be executed in its behalf, by the Chairman or its designee,as authorized by Resolution No. 2019-168 and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Agreement shall become effective on: Ikrartmcnt to enter date. COLLIER COUNTY: ATT 'ST 1 1‘,IfiVied CL Ri (Sdal) CHAIRMAN OR DESIGNIrE Ok'-bOr tc.?`1-)C Burt L.Saunders Attest as to Chairman's' [Alt L PRINT NAME DATE signature only. COLLIER COUNTY LEGAL REVIEW: BY ,lei CI' A. Bel cC I DATE 0 Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST G BY: EXECUTIVE ECRETARY (Seal) DISTRI T SECRETARY OR DESI EE DISTRI 1 T ONE q741raidyll Mani /I/17 ) 4 t ►� • - . 7 ?°� 1 NAME DATE I'RIN D REVIEW&APPRS 1, FLA,DEPT.OF•1' AN .LEGAL REVIEW: ItY BY: (�'' ) ) /2 z0 U 5 2420 / DISTRICT LANDSk• ARCHITECT )A A U( DATE '--Ds Vc ATTEST Approved as to tbrm and legality CRYSTAL K.KINZEL,CLERK Assis ant Coun u } "ty Att , ��2� (9D Attest aS tO Chairman s \�' Pagesof5 signature only. 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