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Agenda 05/09/2023 Item #16A16 (2 Resolutions - For BCC Authorization of JPA & FDOT Beartification Grant)05/09/2023 EXECUTIVE SUMMARY Recommendation to approve a Florida Department of Transportation (FDOT) Beautification Grant for $100,000 for median irrigation and landscaping improvements on Davis Boulevard (State Road 84) from Santa Barbara Boulevard to Firano Drive; approve a Joint Participation Agreement between the FDOT and Collier County in the amount of $865,000 for median irrigation and landscaping improvements on Davis Boulevard (State Road 84) from Santa Barbara Boulevard to Collier Boulevard; authorize the Chairman to execute the Agreements; authorize the Chairman to execute the Resolutions memorializing the Board's action; and authorize the necessary budget amendments. (Companion to item 16.A.17) OBJECTIVE: To provide median irrigation and landscaping improvements to a portion of Davis Boulevard (SR- 84) from Santa Barbara Boulevard to Collier Boulevard with funding assistance from an FDOT Joint Participation Agreement and provide median irrigation and landscaping improvements to a portion of Davis Boulevard (SR-84) from Santa Barbara Boulevard to Firano Drive with funding assistance from a Florida Department of Transportation (FDOT) Beautification Grant. CONSIDERATIONS: On July 13, 2021, Agenda Item 16.A.49, the Board of County Commissioners ("Board") authorized the County Manager or designee to collaborate with the Naples Botanical Garden Inc., (NBG) to develop a pilot project where staff incorporated NBG recommendations into the final design. Through collaboration with NBG, the plant palette includes native species and species suitable for soil and climate conditions while adhering to requirements for vehicular visibility. On September 14, 2021, Agenda Item 16.A.49, the Board approved the submittal of an FDOT Beautification grant application for median irrigation and landscaping improvements for State Road 84 (Davis Boulevard) [Roadway ID #03001000] from Santa Barbara Boulevard [MP 4.005] to Firano Drive [MP 4.005]. In addition, the Board approved the submittal of a formal JPA letter requesting funding for $865,000 to the FDOT for median irrigation and landscape improvements for State Road 84 (Davis Boulevard) Santa Barbara to Collier Boulevard in Fiscal Year 2023, FM #433173-3-58-01. The JPA requires 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 related improvements. The FDOT Beautification grant agreement (Contract No. G2A95, Financial Management (FM) Number 450526-1-74-01) is for reimbursement of up to $100,000. The estimated opinion of cost for the Project is $104,814.50 for the landscape installation. The JPA (Fiscal Year 2023, FM #433173-3-58-01) is for reimbursement up to $865,000. The estimated opinion of cost is $1,290,000.00 for landscape and irrigation installation, construction engineering inspections services, and irrigation controllers. Through the authorization and execution of both FDOT grant agreements and upon the approval of all budget amendments, staff can proceed with the advertisement of the construction plans and bid tabulation for installation and award of the Project. Any work performed before the Notice to Proceed issuance is not subject to reimbursement. The JPA construction contract is to be awarded by December 30, 2023, and the construction is to be completed by December 30, 2024, per the terms of the Agreement. FISCAL IMPACT: The total project cost is anticipated to be $1,394,814.50. Budget amendments are required to appropriate revenue from FDOT in the amount of $965,000 within Transportation Management Grant Fund 711, within Project 60193. Neither funding agreement requires a local match. A local contribution of $429,814.50 is estimated. Local funds will be appropriated once staff has an actual project cost based on the bids receives. Local funds are available within the Landscape Capital Fund 310 from the Operating Project 31112. Annual maintenance, estimated at $140,000, will be included in the FY24 budget within Landscape Capital Fund 310, Operation Project 31112 support by unincorporated general fund. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. Packet Pg. 416 16.A.16 05/09/2023 LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -DDP RECOMMENDATION: To approve a Florida Department of Transportation (FDOT) Beautification Grant for $100,000 for median irrigation and landscaping improvements on Davis Boulevard (State Road 84) from Santa Barbara Boulevard to Firano Drive; approve a Joint Participation Agreement between the FDOT and Collier County in the amount of $865,000 for median irrigation and landscaping improvements on Davis Boulevard (State Road 84) from Santa Barbara Boulevard to Collier Boulevard; authorize the Chairman to execute the Agreements; authorize the Chairman to execute the Resolutions memorializing the Board's action; and authorize the necessary budget amendments. Prepared by: Pamela Lulich, PLA, CPM, Landscape Operations Manager ATTACHMENT(S) 1. Resolution - 040423 (PDF) 2. Agreement - 040423 (PDF) 3. G2A95 Resolution - 042423 (PDF) 4.[1766051] AGREEMENT-G2A95-COLLIER-GRANT - DDP - Assembled - Cert (PDF) Packet Pg. 417 16.A.16 05/09/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.16 Doc ID: 25101 Item Summary: Recommendation to approve a Florida Department of Transportation (FDOT) Beautification Grant for $100,000 for median irrigation and landscaping improvements on Davis Boulevard (State Road 84) from Santa Barbara Boulevard to Firano Drive; approve a Joint Participation Agreement between the FDOT and Collier County in the amount of $865,000 for median irrigation and landscaping improvements on Davis Boulevard (State Road 84) from Santa Barbara Boulevard to Collier Boulevard; authorize the Chairman to execute the Agreements; authorize the Chairman to execute the Resolutions memorializing the Board's action; and authorize the necessary budget amendments. (Companion to item 16.A.17) Meeting Date: 05/09/2023 Prepared by: Title: Manager - Landscape Operations — Growth Management and Community Development Department Name: Pamela Lulich 04/04/2023 1:47 PM Submitted by: Title: Deputy Department Head — Transportation Management Services Department Name: Trinity Scott 04/04/2023 1:47 PM Approved By: Review: Transportation Management Operations Support Michelle DAndrea Transportation Management Operations Support Tara Castillo Growth Management and Community Development Department Danielle Bates Department Road Maintenance Marshal Miller Additional Reviewer Transportation Management Operations Support Brandy Otero Transportation Management Services Department Trinity Scott County Attorney's Office Derek D. Perry Level 2 Attorney Review Grants Maria Kantaras Level 2 Grants Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Community & Human Services Maggie Lopez Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 04/05/2023 3:52 PM Additional Reviewer Completed 04/06/2023 9:36 PM Transportation Management Services Completed 04/11/2023 9:59 AM Completed 04/11/2023 12:14 PM Additional Reviewer Completed 04/11/2023 3:48 PM Transportation Completed 04/19/2023 3:17 PM Completed 04/24/2023 4:01 PM Completed 04/26/2023 11:56 AM Completed 04/27/2023 8:30 AM Completed 04/27/2023 5:10 PM Completed 04/28/2023 9:52 AM Completed 05/02/2023 11:25 AM Additional Reviewer Completed 05/02/2023 3:07 PM Packet Pg. 418 05/09/2023 Office of Management and Budget County Manager's Office Board of County Commissioners Christopher Johnson Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 05/02/2023 4:47 PM Completed 05/03/2023 3:32 PM 05/09/2023 9:00 AM Packet Pg. 419 16.A.16.a RESOLUTION NO.2023 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, many roadside areas and median strips within Florida Department of Transportation rights of way must be maintained and attractively landscaped; and WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"), beautify and improve various rights of way by landscaping within Collier County; and WHEREAS, the Board wishes to approve and authorize its Chairman to execute a Joint Participation Agreement between Collier County, Florida and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida: Section 1. The Board hereby authorizes its Chairman to execute a Joint Participation Agreement between Collier County, Florida, and the State of Florida Department of Transportation, related to FM #: 433173-3-58-01. Section 2. The Clerk of Courts is hereby directed to send a copy of this Resolution to the Department of Transportation along with the executed Florida Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, on this day of 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA LIN By: Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: Derek D. Perry Assistant County Attorney V\\ [23-TRM-00384/1781394/1] Page 1 of I Packet Pg. 420 DocuSign Envelope ID: 9D19EC66-BD78-4623-83BB-886DAE74485E 16.A.16.b Financial Management No. 433173-3-58-01 Agency: Collier County Contract No: Fund: DS Function: Contract Amount: $865,000 FLAIR Approp: 751000 FLAIR Obj.: Org. Code: 55014010106 Vendor No.: F596000558102 JOINT PARTICIPATION AGREEMENT RFTWFFN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND Collier County This Agreement, made and entered into this day of , 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and Collier County, a political subdivision of the State of Florida, existing under the Laws of Florida, (hereinafter referred to as the LOCAL GOVERNMENT), WITNESSETH: WHEREAS, the Parties have been granted specific Legislative Authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the LOCAL GOVERNMENT by Resolution No. , dated the day of , 20 a copy of which is attached hereto and made a part hereof, has authorized its Chainnan or designee to execute this Agreement on its behalf. WHEREAS, the DEPARTMENT is prepared, in accordance with its Five -Year Work Program, to undertake the Project described as SR 84 DAVIS BLVD FROM SANTA BARBARA BLVD TO SR 951 COLLIER BLVD, in Fiscal Year 2023, said Project being known as FM #: 433173-3-58-01, hereinafter referred to as the "Project'; and WHEREAS, the Project is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Work Program; and WHEREAS, the implementation of the Project is in the interests of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the Project. WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of this Project; and Packet Pg. 421 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16.b FM#: 433173-3-58-01 Page 2 of 14 NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. TERM A. The term of this Agreement shall begin upon the date of signature of the last party to sign. The LOCAL GOVERNMENT agrees to complete the Project by December 30", 2024, in accordance with the schedule described and contained in Exhibit "A" attached hereto. If the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of the scheduled completion, as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the Project. After the Project is complete, the term of this Agreement shall continue in effect and be binding on the parties in perpetuity for maintenance responsibilities of the LOCAL GOVERNMENT. 2. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall provide the Construction of the Project. The Project consist of. Construction of landscape enhancements for SR 84 from Santa Barbara Blvd. to SR 951 Collier Blvd. The project will include clearing_ rubbing_ 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, and otherwise, the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit "A", Scope of Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside of the scope of services of the Project. B. The LOCAL GOVERNMENT shall provide the quantifiable, measurable and verifiable units of deliverables as specified in Exhibit "A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. C. The LOCAL GOVERNMENT agrees to undertake the Construction services of the Project in accordance with the latest edition of the DEPARTMENT'S Standard Specifications for Packet Pg. 422 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16.b FM#: 433173-3-58-01 Page 3 of 14 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 FDOT Design Manual ("FDM" ), Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book") and the DEPARTMENT Traffic Engineering Manual and all applicable federal, state and local statutes, rules and regulations. D. E- VERIFY Vendors/Contractors shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract. Vendors/Contractors shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. E. This Agreement shall act to supersede the normal requirements of the LOCAL GOVERNMENT to secure separate DEPARTMENT permits for drive -way connection, right of way utilization, storm -water discharge and utilities, and this Agreement is deemed to constitute such permits. F. The LOCAL GOVERNMENT shall be responsible for obtaining clearances/permits required for the construction of the Project from the appropriate permitting authorities. G. The LOCAL GOVERNMENT shall hire a contractor prequalified by the Department using the LOCAL GOVERNMENT'S normal competitive bid procedures to perform the construction work for the Project. The LOCAL GOVERNMENT shall provide a copy of the final contract documents to the DEPARTMENT for review and approval prior to awarding the final contract. H. The LOCAL GOVERNMENT shall hire an FDOT pre -qualified CEI firm to perform oversight of the construction work and Verification Testing in accordance with the FY 2023-24 Standard Specifications for Road and Bridge Construction, and as amended from time to time. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Packet Pg. 423 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16.b FM#: 433173-3-58-01 Page 4 of 14 Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the DEPARTMENT. The DEPARTMENT shall have the right to approve the CEI firm. The DEPARTMENT shall have the right, but not the obligation, to perform independent testing from time to time during the course of construction of the Project. The CEI firm shall not be the same firm as the Engineer of Record. I. After the DEPARTMENT'S approval of the design plans and prior to commencing the work described herein, the LOCAL GOVERNMENT shall receive a Notice to Proceed from the DEPARTMENT'S Project Manager, or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. J. When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other within fourteen (14) working days and jointly discuss options in defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver or any right herein. K. As to Professional Services Contracts, in lieu of the forgoing indemnification, the LOCAL GOVERNMENT agrees to include the following indemnification in all Professional Services contracts in connection with this Agreement: "To the fullest extent permitted by Florida law and to the limit imposed by Florida Statutes § 725.08, the (Naive of contractor/consultant) shall be liable and agrees to be liable for and shall indemnify and hold harmless the DEPARTMENT / LOCALGOVERNMENT, its officers and employees from any and all liabilities, damages, losses and costs, to person or property including, but not limited to, reasonable attorneys' fees to the extent arising out of or caused the negligence, recklessness, or intentionally wrongful conduct of the (Name of contractor/consultant), its subcontractors, materialmen, or agents of any tier or their employees arising out of this agreement or its perfonnance. L. Pursuant to Section 7-13 of the DEPARTMENT Standard Specifications, the LOCAL GOVERNMENT's contractor is required to possess a general liability insurance naming the DEPARTMENT as an additional insured and insuring the DEPARTMENT and the LOCAL GOVERNMENT against any and all claims for injury or damage to persons and property, and for the loss of life or property that may occur (directly or indirectly) by reason of the LOCAL Packet Pg. 424 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16.b FM#: 433173-3-58-01 Page 5 of 14 GOVERNMENT'S contractor accessing DEPARTMENT right of way and performance of the Project. Such amount shall be carried in a minimum amount of not less than One million and 00/100 Dollars ($ 1,000,000.00) for bodily injury or death to any one person or any number of persons in any one occurrence, and not less than five million and 00/100 Dollars ($ 5,000,000.00) for property damage, or a combined coverage of not less than five million and 00/100 Dollars ($ 5,000,000.00). Additionally, the LOCALGOVERNMENT shall require the contractor to supply the DEPARTMENT with a payment and performance bond in the amount of the estimated cost of construction, provided by a surety authorized to do business in the State of Florida, payable to the LOCAL GOVERNMENT with the DEPARTMENT named as an additional obligee. The bond and insurance shall remain in effect until completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the DEPARTMENT may reasonably require, the contractor shall provide the DEPARTMENT with certificates documenting that the required bond and insurance coverage is in place and effective. M. Under the terms of this agreement, the plans, reports and recommendations of the Consultant will be reviewed by the DEPARTMENT for conformity with DEPARTMENT standards and agreement terms. However, review by the DEPARTMENT does not constitute detailed review or checking of design components and related details, or the accuracy with which designs are depicted on the plans. Acceptance of the work by the DEPARTMENT or Agreement termination does not constitute DEPARTMENT approval and will not relieve the Consultant of the responsibility for subsequent corrections of any errors and/or omissions and the clarification of any ambiguities. The Consultant shall make all necessary revisions or corrections resulting from errors and/or omissions on the part of the Consultant without additional compensation. If these errors and/or omissions are discovered during the construction of the project, they shall be corrected without additional compensation. N. The LOCAL GOVERNMENT through the CEI shall be responsible for monitoring construction operations to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit "J". O. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details thereof. Packet Pg. 425 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16.b FM#: 433173-3-58-01 Page 6 of 14 Coordination shall be maintained by the LOCAL GOVERNMENT with representatives of the DEPARTMENT. P. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "C". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 3. COMPENSATION AND REIMBURSEMENT A. Project Cost: The total estimated cost of the Project is $865,000.00 (Seven Hundred and Sixty -Six Thousand Dollars). This amount is based on the Schedule of Funding, Exhibit "B" attached hereto. B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT in an amount not to exceed $865,000.00 (Eight Hundred and Sixty-five Thousand Dollars) for PROJECT Construction/Construction Engineering Inspection services (CEI). The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT's participation. The DEPARTMENT'S performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the event funds are not appropriated to the DEPARTMENT for the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL GOVERNMENT to that effect. i) The LOCAL GOVERNMENT shall submit invoices plus supporting documentation required by the DEPARTMENT for approval and processing. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), F.S. If the Department determines that the performance of the Other Party is unsatisfactory, the Department shall notify A Packet Pg. 426 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16.b FM#: 433173-3-58-01 Page 7 of 14 the Other Party of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Other Party shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Other Party will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract noncompliance. If the corrective action plan is unacceptable to the Department, the Other Party 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 current billing period. The retainage shall be withheld until the Other Party resolves the deficiency. If the deficiency is subsequently resolved, the Other Party may bill the Department for the retained amount during the next billing period. If the Other Party is unable to resolve the deficiency, the funds retained will be forfeited at the end of the Agreement's term. (Section 287.058(1)(h), F.S.) ii) Invoices must be based on quantifiable, measurable and verifiable units of deliverables as specified in Paragraph 2.A. and in Exhibit "A", Scope of Services. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT and must also establish that the required minimum level of service to be performed as specified in Paragraph 2.B. was met, and that the criteria for evaluating successful completion as specified in Paragraph 2.N. was met. iii) Reimbursement for fees or other compensation for services or expenses incurred shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable deliverables as established in Paragraph 2. A. and Exhibit "A", Scope of Services and said request for reimbursement/invoice must be completed and accepted in writing by the Department's Project Manager or designee prior to reimbursement. iv) The final balance due under this Agreement will be reimbursed upon the completion of all Project services, receipt of final construction cost documentation and proper submission of a detailed invoice and when the Project has been inspected, approved and accepted to the satisfaction of the DEPARTMENT in writing. C� Packet Pg. 427 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b FM#: 433173-3-58-01 Page 8 of 14 v) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported by detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. vi) Travel costs will not be reimbursed. vii) Supporting documentation must establish that the deliverables were received and accepted in writing by the Other Party and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit A — Scope of Services or Project Description and Responsibilities was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F — Contract Payment Requirements. (Reference Guide for State Expenditures Cost Reimbursement Requirements.) C. The DEPARTMENT shall have the right to retain out of any payment due the LOCAL GOVERNMENT under this Agreement, an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the LOCAL GOVERNMENT on any other Agreement between the LOCAL GOVERNMENT and the DEPARTMENT. D. The LOCAL GOVERNMENT which is providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within forty (40) 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. Interest penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Contractors/vendors who Packet Pg. 428 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b FM#: 433173-3-58-01 Page 9 of 14 may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. E. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement, and for five (5) 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 LOCAL GOVERNMENT'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. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. F. Any Project funds made available by the DEPARTMENT pursuant to this Agreement which are determined by the DEPARTMENT to have been expended by the LOCAL GOVERNMENT in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the DEPARTMENT. Acceptance by the DEPARTMENT of any documentation or certifications, mandatory or otherwise permitted, that the LOCAL GOVERNMENT files shall not constitute a waiver of the DEPARTMENT'S rights as the funding agency to verify all inforination at a later date by audit or investigation. G. In the event this Agreement is in excess of $25,000.00 (TWENTY-FIVE THOUSAND DOLLARS AND NO/100) and a term for a period of more than one year, the provisions of Section 339.135(6) (a), Florida Statutes, are hereby incorporated as follows: "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 one 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 Packet Pg. 429 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b FM#: 433173-3-58-01 Page 10of14 this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one (1) year." 4. COMPLIANCE WITH LAWS A. The LOCAL GOVERNMENT shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral 0 m cancellation of this Agreement by the DEPARTMENT. c B. The LOCAL GOVERNMENT shall comply with all federal, state and local laws and Q ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT IL shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. _ 0 C. No funds received pursuant to this Agreement may be expended for lobbying the 0 w Legislature, the judicial branch, or a state agency. m D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL o GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a 0 U- result of this Contract. o 5. TERMINATION AND DEFAULT LO v A. This Agreement may be cancelled by the DEPARTMENT in whole or in part at any M c time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also I* 0 reserves the right to seek termination or cancellation of this Agreement in the event the LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The 2 DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an a� a assignment is made for the benefit of creditors. This contract may be cancelled by the LOCAL E GOVERNMENT upon sixty (60) days written notice to the DEPARTMENT. a B. If the DEPARTMENT determines that the performance of the LOCAL a GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will Packet Pg. 430 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b FM#: 433173-3-58-01 Page 11 of 14 be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall notify the LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT. 6. MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the LOCAL GOVERNMENT. C. The LOCAL GOVERNMENT agrees to comply with Section 20.055(5), Florida Statues, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statues D. In no event shall the making by the DEPARTMENT of any payment to the LOCAL GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the LOCAL GOVERNMENT, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. E. 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. Accordingly, it is agreed that no I'), Packet Pg. 431 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b FM#: 433173-3-58-01 Page 12 of 14 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 tenns or conditions contained herein shall be effective unless contained in a written document executed with the same fonnality and of equal dignity herewith. F. All tracings, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and the LOCAL GOVERNMENT and shall at all times be and remain the property of the DEPARTMENT and the LOCAL GOVERNMENT without restriction or limitation on their use. G. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement. H. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the best interest of the public. I. PUBLIC ENTITY CRIME INFORMATION AND ANTI -DISCRIMINATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not �C. Packet Pg. 432 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b FM#: 433173-3-58-01 Page 13 of 14 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. J. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: Florida Department of Transportation Collier County Lisa Brinson Pamela J. Lulich Local Program Administrator Landscape Operations Manager 10041 Daniels Parkway 2885 Horseshoe Drive South Fort Myers, FL 33913 Naples, Florida 34104 K. Exhibits A, B, C, D, F, H, J, K and Attachment O are attached hereto and incoiporated by reference. Remainder of this page intentionally left blank. Packet Pg. 433 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b FM#: 433173-3-58-01 Page 14 of 14 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf through its Chairman or its designee, and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized Designee: This Agreement shall become effective on: Department to enter date COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, ATTEST CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA CLERK ATTEST (SEAL) By: NAME:Rick LoCastro TITLE: CHAIRMAN Rick LoCastro DATE PRINT NAME DATE COLLIER COUNTY LEGAL REVIEW: Derek D. Perry DA Assistant County Attorney ��—� �/) Off' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ����� EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE PRINT NAME DATE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL AVAILABILITY OF FUNDS APPROVAL: REVIEW: BY: DATE qsE C' Packet Pg. 434 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E Alt Form 525-010-6OeA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 433173-3-58-01 16.A.16.b 525-011-OA PROGRAM MANAGEMENT 0 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Collier County (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ® The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: MP FROM/TO - 4.005/ 6.464 PROJECT DESCRIPTION: LANDSCAPE AND IRRIGATION; SR 84 DAVIS BLVD FROM SANTA BARBARA BLVD TO SR 951 COLLIER BLVD The purpose of this Exhibit is to describe the scope of work and the responsibilities of Collier Count in connection with the construction of landscape enhancements for SR 84 (Davis Blvd.) from Santa Barbara Blvd. to SR 951 (Collier Blvd.). 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 included in the Scope of Services are as follows: 1. Installation of appropriate landscaping within the medians on SR 84 (Davis Blvd.) from Santa Barbara Blvd. to SR 951 (Collier Blvd.) 2. Installation of irrigation system with all appropriate Fittings and appurtenances. 3. Construction of directional bore to accommodate the irrigation system, if required. 4. Provide temporary and permanent erosion control devices to meet local and jurisdictional requirements. 5. Maintain traffic on SR 84 (Davis Blvd.) from Santa Barbara Blvd. to SR 951 (Collier Blvd.) during construction. 6. 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. 7. Provide Construction Engineering and Inspection (CEI) and Quality Assurance Engineering. 8. 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. M N 0 0 c d E m as L Q r c m E �a Q Page 1 of 2 Packet Pg. 435 DocuSign Envelope ID: 9D19EC66-BD78-4623-83BB-886DAE74485E 16.A.16. b SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Construction contract to be let by December 30, 2023. b) Construction to be completed by December 30, 2024. If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: (not applicable; none) Page 2 of 2 Packet Pg. 436 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b Alt Form 525-010-60eB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-013 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 8/21 Page 1 of 1 EXHIBIT B SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: COLLIER COUNTY 433173-3-58-01 3299 TAMIAMI TRAIL, STE# 700 NAPLES, FLORIDA 34112 MAXIMUM PARTICIPATION TOTAL PROJECT FUNDS LOCAL FUNDS STATE FUNDS Indicate source of Local funds PHASE OF WORK by Fiscal Year: Design- Phase 34 Maximum Department Participation $ $ $ ❑ In -Kind FY: (Insert Program Name) Cash FY: Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) ❑ Cash Total Design Cost $ 0.00 $ 0.00 $ 0.00 % % Right -of -Way- Phase 441Maximurn Department Participation $ $ $ ❑ In -Kind FY: (Insert Program Name) ❑ Cash FY: Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) ❑ Cash Total Right -of -Way Cost $ 0.00 $ 0.00 $ 0.00 f 'o s ruction- Phase 54 Maximum Department Participation $ $ $ ❑ In -Kind Y: (Insert Program Name ❑ Cash FY: Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) Cash ( Total Construction Cost $ 0.00 $ 0.00 $ 0.00 Construction v >::: ert Part;c patron $ $ $ ❑ In -Kind Engineering and (Insert Program Name) ❑ Cash Inspection - Phase 64 FY: FY: Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) Cash Total Construction Engineering and Inspection Cost $ 0.00 $ 0.00 $ 0.00 % % % (Phase:5'S; vax,ir partment Participacon $865,000.00 $ $865,000.00 ❑ In Kind FY: 2025 (Insert Program Name) ❑ Cash FY: Maximum Department Participation $ $ $ ❑ In -Kind (Insert Program Name) ❑ Cash Total Cost $865,000.00 $ 0.00 $865,000.00 TOTAL COST OF THE PROJECT $865,000.00 $ 0.00 $865,000.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Lisa Brinson, Local Program Administrator District Grant Manager Name Signed by: 1b5U6`AAFU18EC4493422 sa Jjl^iU.sm 03/30/2023 1 3:05 PM EDT ... Signature Date Q Packet Pg. 437 DocuSign Envelope ID: 9D19EC66-BD78-4623-83BB-886DAE74485E 16.A.16.b Alt Form 525-010-6OeC STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011.00 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05/2' Page 1 of EXHIBIT C ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and Collier County PROJECT DESCRIPTION:SR 84 DAVIS BLVD FROM SANTA BARBARA BLVD TO SR 951 COLLIER BLVD FPI D#: 433173-3-58-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20_. By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant 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 Recipient shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL: By: P.E. Name: Date: 3 Packet Pg. 438 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b Alt Form 525-010-60eD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-On STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMEN osn Page 1 of EXHIBIT D RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. Packet Pg. 439 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b Alt Form 525-010-6OeF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OF STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 2 EXHIBIT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically o states that fringe benefits will be based on a specified percentage rather than the actual N cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of N checks for fringe benefits. It Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which includes submission of the claim on the approved state travel voucher along with supporting receipts and invoices. Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in s. 273.02, F.S., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. Packet Pg. 440 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforState Expenditures.pdf. 4-'! Packet Pg. 441 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b Alt Form 525-010-60eH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OH STATE -FUNDED GRANT AGREEMENTPROGRAM MANAGEMENT O5/21 Page 1 of 1 EXHIBIT H ALTERNATIVE ADVANCE PAYMENT FINANCIAL PROVISIONS If payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes: The invoiced amount to the Department for contractor(s) and consultant(s) cannot exceed the amount of the invoice received from the Recipient's contractor(s) or consultant(s). 2. All of the Recipient's costs must have been incurred and paid prior to the date of the invoice. 3. All invoices received from the Recipient shall clearly separate the cost of the contractor(s) or consultant(s) from the Recipient's costs billed to the Department. 4. All invoices submitted to the Department must provide complete documentation, including a copy of the contractor's or consultant's invoice(s), to substantiate the cost on the invoice. 5. The Recipient must certify on each invoice that the costs from the contractor(s) or consultant(s) are valid and have been incurred by the contractor(s) or consultant(s). 6. Each monthly invoice subsequent to the first invoice from the Recipient must contain a statement from the Recipient that the previous month's cost incurred by the contractor(s) or consultant(s) has been paid by the Recipient to the contractor(s) or consultant(s). C) Packet Pg. 442 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b All Form 525-010-6OeJ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OJ STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osfzo Page 1 of 1 EXHIBIT J STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title ❑ County Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA ❑ Small County Outreach Program (SCOP), (CSFA 55.009) Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ® District Dedicated Revenue, *Award Amount: $865,000.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 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 are provided at: https:Happs.fldfs.com/fsaa/searchCompliance.aspx r 0 The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx N .1 Packet Pg. 443 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b Alt Form 525-010-6OeK STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT EXHIBIT K ADVANCE PROJECT REIMBURSEMENT 525-011-OK PROGRAM MANAGEMENT 09/20 Page 1 of 1 The assurances herein shall form an integral part of this grant agreement (Agreement) between the State of Florida Department of Transportation (Department) and the Agency. Section 339.12, Florida Statutes, authorizes the local government advance project reimbursement program. In this program, a local entity provides the funding for a specific project in advance of when the Department would be able to fund the project. The Department reimburses the local entity in the year the project was initially funded in accordance with the selection below. The Agency invoices the Department after July 1 in the fiscal year(s) the project funding is programmed in the adopted work program as of the date of execution of the Agreement and only for actual costs incurred as follows: ❑ If this Agreement is federally funded, the Agency may invoice a lump sum amount, up to the amount of costs incurred after the execution of the Agreement, beginning in the year(s) the project funding is programmed in the Department's Work Program as of the date of execution of the Agreement. ® If this Agreement is state funded, for each Department fiscal year (FY) in which funding is two (2) million dollars or less, the Agency may invoice a lump sum amount, up to the amount of costs incurred after the execution of the Agreement, beginning in the year(s) the project funding is programmed in the Department's Work Program as of the date of execution of the Agreement. ❑ If this project is state funded and for resurfacing, for each Department FY in which funding is greater than two (2) million dollars, reimbursement up to the amount of costs incurred after execution of the Agreement will be made in six (6) equal quarterly payments in accordance with the schedule below. ❑ If this Agreement is state funded, for each Department FY in which funding is greater than two (2) million dollars, reimbursement up to the amount of costs incurred after execution of the Agreement will be made in ten (10) equal quarterly payments in accordance with the schedule below. Invoice Number Invoice Month and Year Quarterly Invoice Amount 1 DEC/2024 $865,000.00 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 8 $ 9 $ 10 $ Total $865,000.00 Packet Pg. 444 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b Alt Form 525-010-60eO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-00 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 3 EXHIBIT O TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY Section 10.e. of the Agreement is amended as follows for Construction on the Department's Right of Way. 1. If the Project involves construction on, under, or over the Department's right-of-way, the design work for all portions of the Project to be constructed on, under, or over the Department's right-of-way shall be submitted to the Department for review prior to any work being commenced, and the following provisions shall apply: a. 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 Florida Department of Transportation Design Manual ("FDM") and the Department Traffic Engineering Manual. Designs that do not meet Department standards may be rejected by the Department at its sole discretion. The Department may allocate Department -managed resources to facilitate compliance with applicable design standards. If changes to the Department approved plans are required, the Recipient shall 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. b. The Recipient shall notify the Department a minimum of 48 hours before beginning construction within, under, or over 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 Michael Teets; FDOT FORT MYERS OPERATIONS; ADDRESS: 2981 NE Pine Island Road Cape Coral, FL 33909; PHONE:239-896-8652; EMAIL: michael.teets@dot.state.fl.us. c. 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 Standard Specifications, section 102. 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 Standards, Index 600 series. 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. d. 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. e. Tne Recipient will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. f. it is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on, under, or over the Department's right-of-way 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. Packet Pg. 445 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b 525-011-00 PROGRAM MANAGEMENT 05/21 Page 2 of 3 g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to, the Department's right-of-way. h. The Recipient shall perform all required testing associated with the design and construction of the Project. Testing results shall be entered into the department's Materials Testing and Certification database application and the department must provide the final Materials Certification for the Project. The Department shall have the right to perform its own independent testing during the course of the Project. 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 Recipient, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. 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 on, under, or over 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. k. The Recipient shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. I. 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. m. 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. 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. o. 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. Packet Pg. 446 DocuSign Envelope ID: 9D19ECB6-BD78-4623-83BB-886DAE74485E 16.A.16. b 525-011-00 PROGRAM MANAGEMENT 05/21 Page 3 of 3 p. 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 Department must be contacted immediately. q. 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. r. Restricted hours of operation will be from [ Allowable lane closure times will be specified in the Temporary Traffic Control Plans (TTCP) ], (Allowable lane closure times, based on a Lane Closure Analysis, will be reviewed and approved by the Fort Myers Operations Center.), unless otherwise approved by the Operations Engineer, or designee. s. 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: Janella Newsome, PIO Officer District One 801 N. Broadway Ave. Bartow, Florida 33830 Phone: (863) 519-2828 Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) Packet Pg. 447 16.A.16.d RESOLUTION NO. 2023 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A BEAUTIFICATION GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDING FOR MEDIAN LANDSCAPE AND IRRIGATION IMPROVEMENTS ON SR 84 (DAVIS BLVD) FROM SANTA BARBARA BLVD TO FIRANO DRIVE. (FM No. 450526-1-74-01) (CONTRACT No. G2A95). WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Beautification Grant Agreement (the "Agreement') with Collier County, wherein FDOT will reimburse Collier County up to the sum of $100,000 (One Hundred Thousand Dollars) for median landscape and irrigation improvements on SR 84 (Davis Blvd) from Santa Barbara Blvd to Firano Drive (FM No. 450526-1-74-01) (Contract No. G2A95); and WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the public interest and benefits the citizens of Collier County. 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 Agreement pertaining to FM No. 450526-1-74-01 (Contract No. G2A95). 2. The Collier County Clerk is directed to forward a certified copy of this Resolution along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second. and majority vote favoring same, this 9th day of May 2023. ATTEST: CRYSTAL K. KINZEL, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legality: 11b O Derek D. Perry Assistant County Attorney [23-TRM-00381/1787123/11 Page 1 of 1 Rick LoCastro, Chairman 0 Ln N C,�p Packet Pg. 448 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION s 16.A.16.e PRODUCTION BEAUTIFICATION GRANT OGC-07/17 Contract Number: G2A95 FM No. 450526-1-74-01 FEID No: 00-00-0000000 2 THIS AGREEMENT, entered into this _day of , by and between the State of Florida Department of o Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and COLLIER COUNTY, `o political subdivision of the State of Florida, located at 3299 Tamiami Trail E., Naples FL 34112, hereinafter called the Q RECIPIENT. a c WITNESSETH 0 WHEREAS, the DEPARTMENT and the RECIPIENT are desirous of having the RECIPIENT make certain improvements in connection with Financial Management (FM) Number 450526-1-74-01 for landscape and irrigation improvements within medians only in COLLIER COUNTY, Florida, located on SR 84 (Davis Blvd.) [Roadway ID #03001000] from Santa Barbara Blvd. [MP 4.005] to Firano Drive [MP 4.387] herein after referred to as the Project. Refer to Exhibit "A" for a Cal detailed Scope of Services and Exhibit "B" for a set of Project Plans attached hereto and made a part hereof; and O 0 LL WHEREAS, the Department is authorized under Sections 334.044 and 339.2405, Florida Statutes, to enter into this c Agreement; and c N WHEREAS, the Florida Legislature has appropriated the amount of $100,000.00 in Fiscal Year 2023 to the Department in order to provide funding for highway beautification programs through a certified Florida Beautification Grant at the local v level; and E WHEREAS, the improvements are in the interest of both the RECIPIENT and the DEPARTMENT and it would be more N practical, expeditious, and economical for the RECIPIENT to perform such activities; and, a IL WHEREAS, the RECIPIENT by Resolution No. 2021-171A adopted on September 14, 2021, 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 $104,814.50. The DEPARTMENT agrees to pay up to a maximum amount of $100,000.00 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. Page 1 of 17 Packet Pg. 449 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION OGC - 07/17 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 5 issued a permit. o L 0 7. The RECIPIENT shall: Q a (a) Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all a new employees hired by the RECIPIENT during the term of the contract; and c 0 (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to .2 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. m 8. The RECIPIENT must certify that the installation of the project is completed by a Contractor prequalified by the o 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 o five years that are comparable in scale, composition, and overall quality of the site identified within the scope of N services of this project. ❑ CEI Requirement (Check where applicable) a� U a� 9. Construction Engineering Inspection (CEI) services will be provided by the RECIPIENT by hiring a DEPARTMENT E prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level N Training, unless otherwise approved by the DEPARTMENT in writing. The CEI staff shall be present on the Project a at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a 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, 2023, 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 15th 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 2 of 17 Packet Pg. 450 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION 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 2 R 0 L �° a a c c� c 0 r c� a� m O 0 LL r O LO N CD U a� E CD N Q IL 1610 Page 3 of 17 Packet Pg. 451 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION 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 for a 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. 2 0 L �° a a c c� c 0 r c� a� m O 0 U_ 0 LO N CD U as E CD N Q IL 0 0 Page 4 of 17 Packet Pg. 452 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION OGC - 07/17 (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(o�_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: FDOTSingleAudit(cDdot.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(cDaud.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 0 L �0 a a c c� c 0 r 0 c� a� m O 0 U_ r O LO N CD U a� E CD CAI a 0 1610 Page 5 of 17 Packet Pg. 453 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION 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 2 R 0 L �° a a c c� c 0 r ca a� m O 0 LL 0 uO N CD U a� E CD N Q a 0 0 O Page 6 of 17 Packet Pg. 454 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION OGC - 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. 0 L �° a a c c� c 0 r c� a� m O 0 U- 0 LO N CD U a� E CD N Q a 0 0 Page 7 of 17 Packet Pg. 455 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION OGC - 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 A second copy to: District Maintenance Engineer With a copy to: Director, Road 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 , hereto attached BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY AN Authorized Signature NAME: Rick LoCastro STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION M NAME: Authorized Signature (Print/Type) (Print/Type) TITLE: Chairman TITLE: (Print/Type) (Print/Type) DATE: CRYSTAL K. KINZEL, CLERK ATTEST: TITLE: Deputy Clerk Print Name APPROVED AS TO FORM & LEGAL SUFFICIENCY: Derek D. Perry Assistant County Attorney (SEAL) ATTEST: TITLE: LEGAL REVIEW: Office of the General Counsel G (SEAL) 2 0 L 0 a a c c� c 0 c� a� m O 0 U_ r 0 uO N CD U a� E CD 0 Q a 0 0 Page 8 of 17 O Packet Pg. 456 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION OGC - 07/17 EXHIBIT A SCOPE OF SERVICES The RECIPIENT COLLIER COUNTY agrees to make certain landscape and irrigation improvements within medians only on SR 84 (Davis Blvd.) [Roadway ID #030010001 from Santa Barbara Blvd. FMP 4.0051 to Firano Drive If MP 4.387 1 R 0 L ° a and will subsequently furnish, construct, and inspect the landscape and irrigation as shown in the plans and specifications prepared by Michael A. McGee, RLA dated July 1, 2022. The following conditions shall apply: c�a c 0 (a) The current Florida Department of Transportation Design Standard Plans Index 580 must be adhered to. (b) Lateral offset as specified in the Florida Department of Transportation Design Manual (FDM). r a� m (c) Landscape materials shall not obstruct roadside signs or the outdoor advertising view zones for permitted outdoor ~ O advertising signs per Florida Statutes 479.106. 0 (d) Landscape materials shall be of a size, type and placement so as not to impede large machine mowing that the r DEPARTMENT currently provides and will continue to provide at the same frequency. N (e) Should the RECIPIENT elect to design, furnish and construct irrigation, all costs associated with water source 8 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. aEi (f) During the installation of the Project and future maintenance operations, maintenance of traffic shall be in accordance a with the current edition of the MUTCD and the current Department Design Standards. IL C (g) If there is a need to restrict the normal flow of traffic it shall be done in accordance with the approved Maintenance of z 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 0 Public Information Office shall also be notified by phone at 1-800-292-3368 at least 48 hours in advance. w (h) The RECIPIENT shall be responsible to clear all utilities within the Project limits. Page 9 of 17 Packet Pg. 457 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION s 16.A.16.e PRODUCTION BEAUTIFICATION GRANT OGC-07/17 EXHIBIT B PROJECT PLANS Please see attached plans prepared by: Michael A. McGee, RLA LICENSE NUMBER: LA0000864 of McGee & Associates Dated 7/1/2022 r O LO N Page 10 of 17 Packet Pg. 458 m F— X LLI I I L c 9 TWA 'ILQU--GiDt% 31nU w70wn O3 V3S Quv 03NbC, AnViDM 31L DIND=3-3 3RL Sf LMHS Sm -0 7 C&A Y ' SIP Packet PjN59 16.A.16.e a+ Q Packet Pg. 460 16.A.16.e `m r m 2 C Y 2 :o I I y fY >` wr F- 461 _ O '� � Irp gv Ir Nmirn oa at a 3 4 I rz I I $ I I n 3 r2 w 'a II I � I `�i I q 3 x : _ y � IiT ca Lu �3:�',€"�oHC�z�2ua�v>qa�ptipU�SC?mN%wQw•Fu7y;i;,.i];,�'I'IfI'I1i�ilIjllillIIi'II�IIorok"UC�y�w2qq�ni�2`'>oN¢Wpr�IYntiyy' I�',I�lil:II ��tixwC--' yyi3tS3tttFi7iiO.zatiQ�wwnatiw°��IzaOtipwOW��Qwm-�il;l,ll�I'',Il,llI'I'IlI�'lIl'liil'l,a-aLLLz����OLcvaoc.�o'vaWc,yUW�?_¢n-Y�-u,�t, �l]11I{i3�l3li]]1 -1mf4¢aOQo�mxO'avl�d��wsqa�,��x��[7�wwolnz-u]'y'�aONmwwUt�ewq��i2waxW_wv�zi�`�an:in. jj3iII.Il � wNqzomzas wmO¢�Lqq�w�cW"UU.4y�a,qa�qaoJ�¢o�Wa2 ws¢ws7Zaw��c�p-LLwzm��¢�`a�w%_L_s1;�.i'l�llllIf--33-s w��U�¢�6OW�a��>U����q�w�❑n-,' :'!i::ii:.'' _xW m Li - IV LL i Ir 06,W q„ ZE 21, >i Gi;g C, tiOGc¢wuwwurwi�V7Ox�m�2U_f1aa� i.._ �aJR❑� sWp YVaoti�cti°2CUqNw�SI,xzOWti¢xcUcO-po[iw�aoa�Wzqw-pOC�ann�iIi,I xQ l0, q ID a'S w l I cn 4R 0v2�UuR-1C Iqzwtivw°�4.o4�q4OcOxtnvti.wW4lwa=tiT�I�mmutQzV'jO�D- uz.- - 5+r,. v IiIII: l iYZ�cnztiw.�rcyK¢I¢gr„r-kao �= w10 mOQ a wi4 -L'IC1S Iz Zu ya rn ,�. 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O Packet Pg. 486 m F- m_ w a 4It en �: l ✓ -� _ 0 LU � OIL 0 ,v J-- � Q {.` r77 N Si -L U y L C S Ca, v r- J C y.t i L 16.A.16.e N .� T21, �Oz O a V v L I `•~ c� a� m O 0 LL 0 LO N CD U N N Q IL C C Packet Pg. 487 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION s 16.A.16.e PRODUCTION BEAUTIFICATION GRANT OGC-07/17 EXHIBIT C PERMIT REQUIREMENTS T R 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 '0 Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the DEPARTMENT: the a - DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, -0 AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual ("PPM"),also known as cm the "Design Manual", Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets o 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 r 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 Co changes being constructed. The RECIPIENT shall maintain the area of the project at all times and coordinate any work p needs of the DEPARTMENT during construction of the project. U- 2. The RECIPIENT shall notify the DEPARTMENT a minimum of 48 hours before beginning construction within r DEPARTMENT right of way. The RECIPIENT shall notify the DEPARTMENT should construction be suspended for LO N more than 5 working days. The DEPARTMENT contact person for construction is Michael Teets at Fort Myers ai Operations located at 2981 NE Pine Island Road Cape Coral, FL 33909, Telephone number 239-896-8652, Email v address michael.teets(a)-dot.state.fl.us as 3. The RECIPIENT shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") aa) throughout the course of the project in accordance with the latest edition of the DEPARTMENT Design Manual. The a 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 o MOT plan developed by the RECIPIENT that deviates from the DEPARTMENT Design Standards must be signed and o sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. z 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. 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 Packet Pg. 488 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION OGC - 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. 0 L �0 a a c c� c 0 r 0 c� a� m O 0 LL r O LO N CD U a� E CD Q IL 0 1610 Page 12 of 17 Packet Pg. 489 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION OGC - 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 863-220-3450. 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: Janella Newsome Florida Department of Transportation Public Information Office 801 N. Broadway Avenue Bartow , Florida 33830 Phone (863) 519-2828 2 0 L 0 a a c c� c 0 r 0 c� a� m O 0 U_ 0 LO N Page 13 of 17 Packet Pg. 490 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION s 16.A.16.e PRODUCTION BEAUTIFICATION GRANT OGC-07/17 EXHIBIT D DELIVERABLES Financial Management Number: FPID 450526-1-74-01; CONTRACT G2A95 LANDSCAPING; SR 84 (Davis Blvd.) from Santa Barbara Blvd. [MP 4.005] to Firano Drive [ MP 4.387 ] Roadway ID: 03001000 The purpose of this Exhibit is to describe the DELIVERABLES of COLLIER COUNTY in connection with the construction of landscape and irrigation improvements within medians only on SR 84 (Davis Blvd.) from Santa Barbara Blvd. to Firano Drive. The project will include clearing, grubbing, grading, erosion control and restoration necessary for the 00 installation of the landscape and irrigation improvements within medians only. The general p objective is for COLLIER COUNTY to provide contract administration, management 0 U- services, construction engineering inspection services and quality acceptance reviews of all work associated with the construction of the associated improvements. The services o performed shall be in accordance with all applicable Florida Department of Transportation c manuals, guidelines and specifications. F4 DELIVERABLES ARE NOTED IN EXHIBIT D - DELIVERABLES PLEASE SEE ATTACHED Page 14 of 17 Packet Pg. 491 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 E X H I B I 16.A.16.e EXHIBIT D - DELIVERABLES SUMMARY OF PAY ITEMS; Sheet LD-2 of project plans. 8€1) ITEM PAY ITEM BID/ ITEM NAME BID / ITEM DESCRIPTION UNIT QUANTF NUMBER . NUMBER FOOT APPROVED PLAN W€TH NIGHTTIME LANE 1 102-1 MAINTENANCE OF TRAFFIC LS. 1 CLOSURES REMOVAL OF EXISTi NG SURFACE VEGETATION THROUGHHERB] CiDEAPPLICATiONS,ROUGH & 2 110-1-1 CLEAR] NG AND GRUBBI NG (STANDARD) S.F= 37899 FI NAL GRADI NG. TO INCLUDE UP TO FOUR APPLICATION OF CONTACT HFRSICIDE. 3 SSi-1 MECHCANI CALLY TILL [6"-8" DEPTH) BLEND EXISTING SOIL S.F. 37899 4 570-1-2 PERFORMANCE TURF ( ST. AUGUST! NE TLCORATAM`) MEDIANS & TRENCHING REPAIR S.Y. 1197 5 570-1-2'100 PERFORMANCE TURF (COASTALBAHIA) R]GHT-OF-WAY TURF FOR TRENCHING REPAIR S.Y. 230 TOTAL FROM LANDSCAPE TABULATION SCHEDULE 6 580 1-1* LANDSCAPE COMPLETE -SMALL PLANTSTOTAL 1 ITEM No. 1-6 TOTALFROM LANDSCAPE TABULATION SCHEDULE 7 580-1-2 * LANDSCAPE COMPLETE -LARGE PLANTS TOTAL 1 ITEM No. 7-14 SEE COLDER COUNTY L kNDSCAPE NOTES &e S 580-1 MULCH LS I INSTRUCT#ON TO BIDDERS MULCH SPEC[FICATIONS TOTAL FROM IRRIGATION TABULATION SCHEDULE 9 590-70 IRRIGATION SYSTEM TOTAL 1 ITEM No. 1-2$ 10 BOND]NG PERFORMANCE & PAYMENT BONDS L..S. 1 LANDSCAPE TABULATION OF QUANTITIES; Sheet LD-3 of project plans. ITEM NO. ITEM DESCRIPTION LABEL.! {BOTAWCAL NAME lCOMMON NAME; SIZE; SPACING; 0EiA1L.Sy MAX- 7 MAINT. UNIT SIZe TOTAL i5604-1 -SMALL. PLANTS ..._...---�--------- — 9 — .... — — --- - 5'....................................- -- --..-._,. AG :ARACNIS PiNT-01'GOLDEN GLORYAINTOVPERENN AL PEANUT; ;#f GAL: 6"X 7'. t OC ,..� ...........� _........_.I.....EA..... I f&93 2 ------------------- --,,,,,,...,..... BF BULBINFFROTESCENS- YELL OWSULBINE,#1GAL: 5'X6'.13"OC;FULL - ........ -- ............ 78" ..._—... EA 47i - 3 OS ;OIFTES 81CD OR; #3 G4(: 24' ]f?0,"4'OC-; FULL I EA S� CI CfiFiY506ALANl1S 1CAC0'! OHI20lt'TAL'; N3 CyAL, 24"X 24"; 3'5C 4' EA i 5 MC r 8" FEAA - f — 3137 " IS • rORTERI ED#3 GAL; 24"X24..4'OC; FULL YE-IBLUE STN4' 1AF{ 580-1.2 - LARGE PLANTS r .. --,...,.....- TREF5 &PALMS RECOA9hfENOEa FO PLANT ADJA CENT OR OVER STDRMWA TER PIPNG CORDIA$01551ERI-1AN17EGEIGER;4"CAL;?2'OAX6'SPR.;30"DIAROOTBALL;F.G.B&8 NFJ30' EA 2 j 8- T- HI;NANL]RpAP�Ti�USP,MPETIGlNOS4'tPE'!Pi1RFLETRU1dPET;5.5'CAL;74'0AX8'S...p5 "L3L4ROpTBALL ;F.G.B&6 - NFJ40' �....__..-.y--_ EA 3 9 S� ;SATA KENTA Glf•1Kf+J"�.NSIS-SA TAK�PRLM; F.G. 6&B, Y2'•IWOA F1'T'. ........—....._,._.....---^^........-^.-.,-,.-...,.................M.T...-,....M^.^.........,..,,...---..----...._....... ........... __.._................ ............. ----�.,..,..-..- NF140' ---------i--------#-- EA - 9 10 TR4 7Fff21NAXtcCJ1AiA-Fi.pRA7A THA7CHPALM 4'OA.1-,'T.;FG.858 NFJ25' EA 5 _. _ T ;. _ ... ........._._..., . _, — _... .........:................. 7f TR3 rrIRINRxRADIRTA-F(.i7RIRAThATCIiPALh?,8'OA.FIr;F-G.8&S ........ - --- . NFJ25' i— — i... EA ... - .....L 5 12 TR12 THRINAXRADJATA-FLOWDA.THATCH PALM.12'OAA HT;F.G.646:- 13 V44 EITCHIRMONTGbtN€RYANAIMONTGOA9ERYPALh4; B"CAL; 7C'C7. ?8'OA 30"RpaTt3k([ 51.E F- 8-rS-F.G-8BB NF140' FA 4 ' TREES BPALMSNOT RECOMMENDED TOPLANTAOJ Ffif FROVERST+3F2AlSrJA7ERPIPNG "-RE -•--�ROYSTONIA 141 - EJITAJFLOR0A ROYAL PALM; 23" CAL: 72' CT; 50'DIA ROOTSALL: 5 LEAFLETS_ F.G. E&8 ---- ---- ---........... —. _---j5701-7uRF{ESTIhfATEOAILY;CON7RaCiOf?isRESPONSIB1.EFOR QUANTIFl7NGTHE ACTUALREGUMED 1VF/8& FA 5 ; QUA N TTES] ---------------- 15 SOD PERFORMANCE TURF,SOD'COASTAL BAHA';RIGH-QF-WAYREPAIRFOR ELECTRIC &IRRIGATION TREt+CHWC; ------i SY ----•-- ;.... - 23G IB ........ ----------—---------. SLID PERFORMANCE TURF, SOD, ST. A[JGUSTINE'FLbRATAte, PAEDIAN TURF AREAS � ----------- - • --- ---- - SY .......... f F8r i 5SQ ? -MULCH {ESTIMATE ONLY, • CONTRACTOR IS RFSPDN516L F FOR QUANTI FYI NG THE ACTUAL REQUIRK76 i..................�QUANTII'FES......,,,,..,,,.......,,....,..,..,..., ., -•---------- ... ............... .............................. ._....------- — 17 OR At+r^ FR^r "A' �l.+Jr Ae;11.CF7 I?J fif1l.K R 2 C: F T f AG$, �" .rF7ri PFFr i.Ah $^API .h' 7?FS --------------- [ 4( 75I7 2 0 .° a IL C ca C O Y v r 7 cC N m H O 0 LL O LO N N U a� E N N Q IL C c P I Packet Pg. 492 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1DOAA929BB07 EXH I B 16.A.16.e SITE PREPARATION TABULATION OF QUANTITIES; Sheet LD-3 of project plans. .......... ... ........ ................................................................. .._ rTFn� iPAYrTF-mNO.: D4sCR)FTIQN TONAL ^LEARI^7G8 G.4L139A41G (5Ts?^1C•R.+]j; .4EA40 iG4r pK EYISMG SLIRFACE VEGE TA TION THR(-) JGH HERBICJDE APPJ: ICA TJCNS, R❑UGH Yip-7T i3FJNAL GRADING. TOWCLUD UP TOFOURAPPLrCATJORS ❑FCOfVT.ACT7-IERBICfDE SF 37899 ............................ i.-.-...,.................... -............. .-............ .......... -v............ ................................ ....................... ................. -a ------- j SOIL STRUCTURE mE• CHA. NCAL LY TILL (6 F'.A S SF S) M C %6' DEPTH TO &CEfi±J EXIS T?rdG Sai'_. SC- � MEDb; Ar SSI-7 sPREPRRATJON NOTES SF 137699 IRRIGATION TABULATION OF QUANTITIES; Sheet LD-4 of project plans. irK-W 1<,arl7 Erf ; ItCfSDLSGJS..PYJq'1; i,hYF 'r TOTAL 3 IIRRJi3ATJ3N SVETESI WA FEA SWRGE Kf L.,HY GQYFRACTf7r�7 FIJArlrSrfd dYJ.SFA11 Ji'DfA-FVC GRti17FO f&T" CARJkg4 Qt m 7 :'.'rWe- ON 0" RAFT[Y"AlfllId 41.1i<1+1,111,1 W,1'F,1AE4 TFrr11.REFfRF411111, EA I i JN"_'FALLA rXW MOitS•VYCVFCA£JQY5 Ah'0 bj;YAIL 3 EL4714Fr JIRtO GOF'myERrS. i 6R4.k r&7H cONM{11LOr wAL Vf MAIW J. WrVCW'rRrC f {WJ UG(dWCr ALL LCW W Oi f AGt VALVE YH W MPkh4 FYS f SYS 7£1If 1 S070- 170WCLUOEHLWFFJ41hWf.GLXNRAW EHLrrFFSFJJSG.4.TOJ3ElWr.;O EF-ATAONAL-REFER TOK07EE.SPE-JFICAWOK5AhO E1, r LL I'SJ?lAU S Fd4 REDURED �501VPCa.1EF174. .r` 5W A1JJrfs YJ j+JC.tJ} fF�pkY FP41`[P +F{khrfP'� 4A rf Y.11 Y1' Y45T+J +iGNFiSW,3 F iJ.`JJ IN I{+r�$OSI+TE HI4HI Ih'F YAS Yt O i 59W41' AYf(rS,NGJ:CtLLL SIIE£6r2E 2i3'SJ7.C'Jf i7'LID Jl'.9EL FO REA6.IR&WrjGW_70 nYC�.LIDE 9- EXTENSfDN5 AS r:EEOFL. CA f r j ........................................................... ............................... ....................................................................................................... i - ...¢.. 2A-IVAN�I JMG Y4khG[J}J'.MG.S F C:W r-9 MULA7J W*03L VALVEwrH NGNv95rh,- Fir+A hY jwmDO sar i4pah nr VAl V[ f S &m, Ie21FS, HOMWAL SffE 70 9E Sd.T' W Mt' )f }2'. LJ'D LABEL M AA40 'IRRfGA FJON'. 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Paf Packet Pg. 493 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION s 16.A.16.e PRODUCTION BEAUTIFICATION GRANT OGC-07/17 EXHIBIT E LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT PLEASE SEE ATTACHED Page 15 of 17 Packet Pg. 494 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1DOAA929BB07 FPID1EXHIBITS Cont act #: 2A95O1 Contract #: G2A95 COUNTY: COLLIER ROADWAY ID: 03001000 LANDSCAPE MAINTENANCE AND INSTALLATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY THIS Agreement, made and entered into this day of ,20 , 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. WITNESSETH 1. WHEREAS, the DEPARTMENT has jurisdiction over and maintains SR 84 (Davis Blvd.) 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 of SR 84 (Davis Blvd.) from Santa Barbara Blvd. to Firano Drive (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 2021-171A, dated September 14, 2021, 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: a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on N/A, to the following utilities/municipalities: Utilities have been addressed in the roadway design plans. b) 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 16.A.16.e Packet Pg. 495 DocuSign Envelope ID: 8D69190D-798E-49BC-8A40-1DOAA929BB07 EXHIBIT El 16.A.16.e FPID 450526-1-74-01 Contract #: G2A95 COUNTY: COLLIER An ROADWAY ID: 03001000 M 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 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 and irrigation within the medians only from Santa Barbara Blvd. (MP 4.005) to Firano Drive (MP 4.387) on SR 84 (RDWY ID 03001000) so that the landscaping areas meet or exceed minimum Maintenance Rating Performance Standards (MRP) as defined by the DEPARTMENT. 3. The installation and maintenance 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 E 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, a remove all of the landscaping and irrigation that the DEPARTMENT directs be removed and return the median(s) to its original condition. O IS - Page 2 of 5 Packet Pg. 496 DocuSign Envelope ID: 8D69190D-798E-49BC-8A40-1DOAA929BB07 EXHIBIT El 16.A.16.e 8. This Agreement shall take effect upon execution by both parties. FPID 450526-1-74-01 Contract #: G2A95 COUNTY: COLLIER ROADWAY ID: 03001000 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 parry 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 median(s) 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 median(s) to its 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. 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 parry 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. 12. To the extent permitted by law, AGENCY shall indemnify, defend and hold harmless Ix a DEPARTMENT against any actions, claims, or damages arising out of, relating to, or resulting a from negligent or wrongful act(s) of AGENCY, or any of its officers, agents or employees, V-, acting within the scope of their office or employment, in connection with the obligations and rights granted to or exercised by AGENCY hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall E the same be construed to constitute agreement by AGENCY to indemnify DEPARTMENT for the negligent acts or omissions of DEPARTMENT, its officers, agents or employees, or for the acts of third parties. Nothing herein shall be construed as consent by AGENCY to be sued by a third parties in any manner arising out of this agreement. The AGENCY shall also require all contractors and subcontractors who conduct operations within the Project to indemnify and hold Q Page 3 of 5 Packet Pg. 497 DocuSign Envelope ID: 8D69190D-798E-49BC-8A40-1DOAA929BB07 EXHIBIT El 16.A.16.e FPID 450526-1-74-01 Contract #: G2A95 COUNTY: COLLIER ROADWAY ID: 03001000 DEPARTMENT harmless against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of said Contractor or Subcontractor or any of their officers, agents or employees, acting within the scope of their office or employment. The indemnities assumed by the AGENCY shall survive termination of this agreement. 13. This writing embodies the entire Agreement and understanding between the parties hereto c and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. t 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part a without the consent of the DEPARTMENT. m 15. This Agreement shall be governed by and construed in accordance with the laws of the State c of Florida. 0 16. All notices under this Agreement shall be directed to the following addresses: N TO DEPARTMENT: COLLIER COUNTY: �. Mr. Darryl Richard Pamala J. Lulich, RLA District Landscape Architect Landscape Operations Manager 801 North Broadway (MS 1-28) Growth Management Division Bartow, FL 33830-1249 2885 South Horseshoe Drive Naples, FL 34104 Rest of this page intentionally left blank. IS-0 Page 4 of 5 Packet Pg. 498 DocuSign Envelope ID: 8D69190D-798E-49BC-8A40-1DOAA929BB07 EXHIBIT El 16.A.16.e FPID 450526-1-74-01 Contract #: G2A95 COUNTY: COLLIER An ROADWAY ID: 03001000 M 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. 2021-171A and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Agreement shall become effective on: Department to enter date. COLLIER COUNTY: ATTEST BOARD OF COUNTY COMMISSIONERS CLERK (Seal) DATE Approved as to Form and Legality: Derek D. Perry Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST BY: EXECUTIVE SECRETARY (Seal) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE PRINT NAME DATE PRINT NAME DATE REVIEW & APPROVAL FLA. DEPT. OF TRANS. LEGAL REVIEW: BY BY: DISTRICT LANDSCAPE ARCHITECT DATE &s 0 Ln N Page 5 of 5 ISJO Packet Pg. 499 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT s 16.A.16.e PRODUCTION OGC - 07/17 EXHIBIT F T R STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) `o a a THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: c c� SUBJECT TO SECTION 215.97, FLORIDA STATUTES: o Awarding Agency: Florida Department of Transportation State Project r c'c HIGHWAY BEAUTIFICATION GRANTS — KEEP FLORIDA BEAUTIFUL Title: m CSFA Number: 55.003 0 0 a_ *Award Amount: $ 100,000.00 r 0 LO N *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 a� v a� COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: N a State Project Compliance Requirements for CSFA Number 55.003 are provided at: C https://apps.fldfs.com/fsaa/searchCompliance.aspx p The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx 1610 Page 16 of 17 Packet Pg. 500 DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 FLORIDA DEPARTMENT OF TRANSPORTATION s 16.A.16.e PRODUCTION BEAUTIFICATION GRANT OGC-07/17 EXHIBIT G AGENCY RESOLUTION PLEASE SEE ATTACHED Page 17 of 17 Packet Pg. 501 ( DocuSign Envelope ID: 8D6919OD-798E-49BC-8A40-1 DOAA929BB07 1 li.A.16.e EXHIBIT RESOLUTION NO. 2 0 21-171 A A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA AUTHORIZING ITS CHAIRMAN TO EXECUTE A FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CON,StAU&ION, AND MAINTENANCE AGREEMENT WITH THE FLORIN" DEPARTMENT OF TRANSPORTATION. WHEREA8.,.-r1`ma6y roadside areas and median strips within Department of Transportation rights of,Whj4nust be maintained and attractively landscaped; and WHEREAS, the- Collier County Board of County Commissioners for Collier County, Florida (the 'Board") beauti"d improve various rights of way by landscaping within Collier County; and k WHEREAS, the BoaiA w sh6s ,:,to approve and authorize its Chairman to execute a Florida Highway Beautification CouhirW,Grant, Landscape Construction, and Maintenance Memorandum of Agreement between ` JC610�r County, Florida and the Florida Department of Transportation. ` NOW, THEREFORE, BE IT RESOL)Tp by the Board: Section 1. The Board hereby authorizes ;tts`' Chairman to execute a Florida Highway Beautification Grant, Landscape Construction, Ahd aintenance Memorandum of Agreement between Collier County, Florida and the Florida Depart6nt of Transportation. . 1;. Section 2. The Clerk of Courts is hereby directedicl?a copy of this Resolution to the Department of Transportation along with the execute 41, i0ar Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum ofP►ement. PASSED AND DULY ADOPTED by the Board of Co'rity Commissioners of Collier County, Florida, on this the I 4*"day of 2t?21b ATTEST:' BOARD OF COUNTY C014MI$�81,0N ERS OF CRYSTAL KINZE�,,CLERK COLLIER COUNTY,FLORIDA: C `VIeS nameonly. Approved as to form and legality: Jennifer A. Belp o Assistant County Attorney By: Penny Taylor, Chairman 0 W)PIL W? C 1, Crysfal K. Kinidl.ddk of-Cossis:, afird fnr Collier County G> do hearYsy :.erfifkyrNatthe a4 ii chant is tnt2 a: a Coned E copy of'he on 'patfiit F ' FioC�da v By. Deputy Clerk Dade:: Q A� F wrM �q. 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