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Backup Documents 02/27/2024 Item #16B 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office JAL JM5 21Z7/211 2. Board of County Commissioners Office BOCC cN 1� /1 2/i d t 3. Minutes and Records Clerk of Court's Office �� � SPY' W 4. Electronic Copy to be sent to: Board of County Pamela.Lulich@a,colliercountyfl.gov v Commissioners and Michelle.Dandrea@colliercountyfl.gov PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Pamela Lulich/Transportation Services, Phone Number 252-6291 Contact/ Department Road,Bridge,and Stormwater Division Agenda Date Item was 2/27/2024 Agenda Item Number 16B I Approved by the BCC ID#27455 Type of Document Resolution andn^A re ment-FDOT JPA Number of Original Attached GIJ i Documents Attached 2 PO number or account Electronic signatures -See Emails in Box 4 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? PM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PJL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip PJL should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_2/27/2024 and all Pit changes made during the meeting have been incorporated in the attached document e`a e The County Attorney's Office has reviewed the changes, if applicable. ie -„ 9. Initials of attorney verifying that the attached document is the version approved by the PJL $ t a BCC,all changes directed by the BCC have been made,and the document is ready for the ...krOdraix Chairman's signature. `1 qe I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B9 RESOLUTION NO. 2.024-31 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR 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 Department of Transportation rights of way must be maintained and attractively landscaped;and WHEREAS, the Collier County Board of County Commissioners for Collier County, Florida (the 'Board") supports beautifying and improving 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 State of Florida Department of Transportation. NOW,THEREFORE,BE IT RESOLVED by the Board: 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. 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 274A day of FGbr„ar y 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL KINZEL,CLERK COLLIER COUNTY,FLORIDA By": BY a„,.,k, Attest s tD, heatitvn Clerk Chris Hall, Chairman q sigr atyre only Approv if ,, n and legality: Ai ,, iIII II . Jeffrey Ali lat.' .w, County Attorney 16B9 DocuSign Envelope ID:AFBEF4E6-4D73-4E80-BE2B-F6D247F11A0E DocuSign Envelope 10:7709128A-BF3C-4A05-8499-7E922299437E FM #445296-3-54-01 Page 1 of 14 Financial Management No.:445296-3-54-01 Fund:DDR FLAIR Approp: FLAIR ObW.: 751000 Agency: Collier County Function: Org,Code:55014010106 Contract No:G2V09 Contract Amount: Vendor No.: F596000558102 $3901000 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This Agreement, made and entered into this 27t� day of FPb,,„wy , 202`t , 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 we;fe..r;^ WHEREAS, the LOCAL GOVERNMENT by Resolution No. 2024-31 dated tntr day b 27 , 202'i a copyof which is attached hereto as Exhibit "D" and made a of F ' � �r�wr y part hereof, has authorized its Chairman or designee to execute this Agreement on its behalf. [ WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program, to undertake the Project described as the relocation of landscaping at I-75 (SR 93) from Pine Ridge Road to Golden Gate Parkway, in Fiscal Year 2024/2025, said Project being known as FM #445296-3-54-01, 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 1 6 B 9 DocuSign Envelope ID:77D9128A-8F3C-4AD5-6499-7E922299437E FM#445296-3-54-01 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 January 31, 2025, in E. 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 ti of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the Project. After the Project is complete, the term of this Agreement shall continue in effect and be binding on the parties in perpetuity for maintenance responsibilities of the LOCAL GOVERNMENT. 2. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall furnish the construction and construction engineering inspections services (CEI) of the Project. The Project consists of the relocation of approximately 144 Royal Palms, 42 Foxtail Palms, and 5 tree species otherwise, the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit "A", Project Description and Responsibilities 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" and the design plans when approved by the DEPARTMENT. 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 and CEI of the Project 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 4111 16B9 Docusign Envelope ID:77D9128A-BF3C-4A05-B499-7E922299437E FM#445296-3-54-01 Page 3of14 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 2024-2025 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 Professional Engineer who shall provide the certification that all design and construction for 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. fli 16B9 DocuSign Envelope ID:77D9128A-BF3C-4A05-B499-7E922299437E FM #445296-3-54-01 Page 4 of 14 L 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 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 is law and to the limit imposed by Florida Statutes is § 725.08, the (Name of contractor/consultant) shall be liable and agrees to be liable for and shall indemnify and hold harmless the DEPARTMENT / LOCAL GOVERNMENT, 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 i is caused the negligence, recklessness, or intentionally wrongful conduct of the (Name of it contractor/consultant), its subcontractors, materialmen, or agents of any tier or their employees arising out of this agreement or its performance. 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 is 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 GOVERNMENTS 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 ço. 16B9 DocuSign Envelope ID:77D9128A-8F3C-4AD5-8499-7E922299437E FM#445296-3-54-01 Page 5 of 14 ($5,000,000.00). Additionally, the LOCAL GOVERNMENT 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 is 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 fl 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"O". 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. Coordination shall be maintained by the LOCAL GOVERNMENT with representatives of the DEPARTMENT. li li 16B9 DocuSign Envelope ID:77D9128A-BF3C-4AD5-B499-7E922299437E FM#445296-3-54-01 Page 6 of 14 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 Certificate of Compliance, signed and sealed by a Professional Engineer, Exhibit"C". 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 $390,000 (THREE HUNDRED AND NINETY THOUSAND DOLLARS). This amount is based on the Schedule of Financial Assistance, Exhibit"B" attached hereto. B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT in an amount not to exceed $390,000 (THREE HUNDRED AND NINETY THOUSAND DOLLARS) for PROJECT construction. 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 the Other Party of the deficiency to be corrected, which correction shall be made within a timeframe 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 to 16B9 DocuSign Envelope ID:77D9128A-BF3C-4AD5-B499-7E922299437E FM #445296-3-54-01 Page 7 of 14 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., Article 2. Services and Performances, and in Exhibit "A", Project Description and Responsibilities. 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 Article 2. Services and Performances and Paragraph 2.B. was met, and that the criteria for evaluating successful completion as specified in Article 2. Service and Performances and Paragraph 2.M. 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", Project Description and Responsibilities 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. v) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported by detailed invoices, pr• payments,of a ments, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 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. cC.,) 1 6B 9 DocuSign Envelope ID:77D9128A-BF3C-4AD5-B499-7E922299437E FM#445296-3-54-01 Page 8 of 14 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 1. 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 y 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 j;. 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 may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 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 is E 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 J 16B9 DocuSign Envelope ID:77D9128A-BF3C-4AD5-B499-7E922299437E FM#445296-3-54-01 Page 9 of 14 GOVERNMENT files shall not constitute a waiver of the DEPARTMENT'S rights as the funding agency to verifyall information at a later date byaudit or investigation. g Y g 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 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 materials subject to provisions of Chapter 119, Florida Statues, and made or received by the LOCAL GOVERNMENT to grant such public access be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The LOCAL GOVERNMENT shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex and national origin in the performance of work under this contract. } C. No funds received pursuant of this Agreement may be expended for lobbying the is Legislature, the judicial branch, or a state agency. 16B9 DoouSign Envelope ID:77D9128A-BF3C-4AD5-B499-7E922299437E FM#445296-3-54-01 Page 10 of 14 D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this contract. 5. TERMINATION AND DEFAULT A. This Agreement may be cancelled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination, The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This contract may be cancelled by the LOCAL GOVERNMENT upon sixty (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of(a) immediately j 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 be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the is 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. is 16B9 DocuSign Envelope ID:77D9128A-BF3C-4AD5-8499-7E922299437E FM#445296-3-54-01 Page 11 of 14 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 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 or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. F. All tracings, plans specifications, maps, models, reports, or other work product is 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. eH, This Agreement shall be effective upon execution by both parties and shall continue is lam° 1 6B 9 DocuSign Envelope ID:7709128A-BF3C-4AD5-13499-7E922299437E FM#445296-3-54-01 Page 12 of 14 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. However, the LOCAL GOVERNMENT'S obligation to maintain the PROJECT after completion shall survive the term of this Agreement. 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 is 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 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: is C4`. 16B9 DocuStgn Envelope ID:7709128A-8F3C-4AD5-B499-7E922299437E FM#445296-3-54-01 Page 13 of 14 Florida Department of Transportation Collier County Aileen Keating Pamela Lulich, PLA, ASLA Local Programs Coordinator Landscape Operations Manager 801 North Broadway Avenue, MS 1-12 4800 Davis Blvd Bartow, FL 33830 Naples, FL 34104 K. Exhibits A, B, C, D, F, J, and Attachment 0 are attached hereto and incorporated by reference. Rest of the page intentionally left blank. ii is 1 6 B9 DocuSign Envelope ID:AFBEF4E6-4D73-4E80-BE2B-F6D247F11A0E DocuSign Envelope ID:77D9128A-BF3C-4A05-6499-7E922299437E FM#445296-3-54-01 Page 14 of 14 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman or its Designee, and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized Designee: This Agreement shall become effective on: 03/12/2024 Department to enter date COLLIER COUNTY, FLORIDA ATTEST CLERK , � astohairiban's (SEAL) CHAI A OR DESIGNEE t ` onl BOARD OF COUNTY COMMISSIONERS �i �. Chris Hall, Chairman 2 27 7H._ DATE PRINT NAME DATE COUNT L G BY: U STATE OF FLORIDA DEPARTMENT OF TRANS RTATION t'l 7 >i EOT by: ,-0ocuSigned by: Jw,.:. tiee44 4 B Y —4E01213F8058470.,. E41-033AAA84142/... EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE Jerri McCants 03/12/2024 12:2Rir?MlED1E Mills 03/12/2024 1 2:19 PM EDT PRINT NAME DATE PRINT NAME DATE AVAILABILITY OF FUNDS APPROVAL: Dgru T„4ENT LEGAL REVIEW: °8 I�G 03/12/2024 I M EDT DATE y"Di"gnAe4as.. DATE 16B9 DocuSign Envelope ID:77D9128A-BF3C-4AD5-B499-7E922299437E All Form 525-010-60eA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0A STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05121 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 445296-3-54-01 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- 53.349/56.628 t PROJECT DESCRIPTION: 1-75 (SR 93) FROM PINE RIDGE ROAD TO GOLDEN GATE PARKWAY; RDWY ID: 03175000 iC The purpose of this Exhibit is to describe the scope of work and the responsibilities of Collier County in connection with the project. The main purpose of this project is to perform "relocation" of certain existing plant material located at I-75 @ Pine li Ridge Rd. that will be impacted by an interchange roadway construction project. The new planting site for the relocated plant material will be at the interchnange of 1-75 Golden Gate which is approximately 2.5 miles to the South of th 9 @ Pkwy. pp Y e interchange of 1-75 © Pine Ridge Road.The County has identified approximately144 Royal Palms, 42 Foxtail Palms, and 5 other trees that are suitable for relocation. The relocation project includes irrigation modificaitons to water the transplanted trees and palms.Also, performance turf and mulch is included in the scope of the project. 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. Relocation of approximately 144 Royal Palms, 42 Foxtail Palms, and 5 Tree species. 2. Installation and/or modification of the 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 during construction. Ci 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. Page 1 of 2 C/ 1 6 B 9 DocuSign Envelope ID:77D9128A-BF3C-4AD5-B499-7E922299437E 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 April 1, 2024. b) Construction to be completed by December 31, 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 r.) 16B9 DocuSign Envelope ID:77D9128A-BF3C-4AD5-8499-7E922299437E All Form 525-010-60aB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OB 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 445296-3-54-01 3299 Tamiami Trail Suite 700 Naples,FL 34112 MAXIMUM PARTICIPATION PHASE OF WORK by Fiscal Year: (1) (z) (3) Indicate source of TOTAL PROJECT FUNDS LOCAL FUNDS STATE FUNDS Local funds 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 % % 41 ;,„ ,„4.- ~ -..... ara-x ,ems."" ' Right-of-Way-Phase 44Maximum Department Participation $ $ $ ❑In-Kind FY: I (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 W ,• .r �ar� �� ^a�- ?��'�.-�,u�> lea rc�-sari m.� Construction-Phase 54 Maximum Department Participation $390,000.00 $ $390,000.00 ❑in-Kind FY:2024 (DDR) ❑Cash FY: r Maximum Department Participation $ $ $ ❑In-Kind (Insert Program Name) ❑Cash Total Construction Cost $390,000,00 $ 0.00 $390,000.00 % % % 7 [ Construction Maximum Department Participation $ $ $ ■ 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: ) Maximum Department Participation $ $ $ ❑In-Kind FY: ' (Insert Program Name) ❑Cash FY: ' Maximum Department Participation $ $ $ ❑In-Kind ( (Insert Program Name) ❑Cash Total. Cost $ 0.00 $ 0.00 $ 0.00 ;, 'V ,. ems" �� a-�i� , ,. TOTAL COST OF THE PROJECT $390,000,00 $ 0.00 $390,000.00 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. is Aileen Keating District Grant Manager Name r--DocuSigned by: 01/08/2024 1 9:22 AM EST '1—au AfFon,DAie_. Signaure Date 16B9 Docusign Envelope ID:77D9128A-BF3C-4AD5-B499-7E922299437E Alt Form 525-010.60eC STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0C STATE-FUNDED GRANT AGREEMENT MANAGEMENT 05121 Page 1 of 1 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:I-75 (SR 93) from Pine Ridge Road to Golden Gate Parkway FPID#: 445296-3-54-01 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_ I By: Name: Title: IlI is 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. By: P.E. SEAL: Name: Date: is II Ij V // 16B9 DocuSign Envelope ID:7709128A-BF3C-4AD5-a499-7E922299437E All Form 525-010-60eD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OD STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05f21 Page 1 of 1 EXHIBIT D RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. } 4 it 16B9 RESOLUTION NO. 2024-31 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR 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 Department of Transportation rights of way must be maintained and attractively landscaped;and WHEREAS, the Collier County Board of County Commissioners for Collier County, Florida (the 'Board") supports beautifying and improving 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 State of Florida Department of Transportation. NOW,THEREFORE,BE IT RESOLVED by the Board: 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. 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 k County,Florida, on this 2.7f day of F���6.,-.y _2024. ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL KINZEL,CLERK COLLIER COUNTY,FLORIDA i(A I It''' qs f By ...a� By: Dey clerk Chris Hall, Chairman Attest as t•'Chaitaaan'k' signature only K� . i,b14J;n Approv i• - • and legality: T i I,ery`al K tnzel, ti I iondf ''Co,er County ���1��� meet isa true and cwre t do heathhe u a the ,t IS,9 a r a_i G NY at the u: ma o . Deputy Clerk Jeffrey Al lat. •w, County AttorneyDate. 16B9 DocuSign Envelope ID:77D9128A-BF3C-4AD5-8499-7E922299437E Alt Form 525-010-60eF 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 states that fringe benefits will be based on a specified percentage rather than the actual 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 checks for fringe benefits. is 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. 1 6 B 9 DocuSign Envelope ID:77D9128A-BF3C-4AD5-9499-7E922299437E 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. { fp: l 1 6B 9 DocuSign Envelope ID:77D9128A-8F3C-4AD5-8499-7E922299437E Alt Form 525-010-60eJ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OJ STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENTF Page 1 of I 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: $390,000.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: https://apes,fldfs.com/fsaa/SearchCataloq.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: https://apps.fldfs.com/fsaa/SearchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx is 16B9 DocuSign Envelope ID:77D9128A-SF3C-4AD5-B499-7E922299437E All Form 525-010-60e0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-00 STATE—FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 051 Page 1 of 3 EXHIBIT 0 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 Aileen Keeting LAP Cooridnator 239-225-1958 Aileen.Keating@dot,state.fl.us. is is i 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. ii 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. The 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 is requirements pursuant to Chapter 163, Florida Statutes. is 16B9 DocuSign Envelope ID:77D9128A-BE3C-4AD5-B499-7E922299437E 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. j. 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. n. 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 is 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. r. , 16B9 DocuSign Envelope ID:77D9128A-BF3C-4A05-B499-7E922299437E 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 N/A, (N/A), 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 Director of Public Information 801 N Broadway Ave Bartow, FL 33830 I Janella.Newsome@a dot.state.fl.us Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) is ICJ DocuSign Envelope ID:F39810EA-DF34-4D6A-B026-AD0609239EEB F D CST Florida Department of Transportation Ron DeSantis 801 North Broadway Avenue Governor Bartow,FL 33830 March 12, 2024 Michelle D'Andrea-Hall Grants Coordinator Transportation Management Services 2885 South Horseshoe Drive Naples, FL 34104 RE: AGREEMENT NOTIFICATION FM #: 445296-3-54-01 Agency: Collier County Contract No.: G2V09 Description: 175 from Golden Gate to Pine Ridge Dear Ms. D'Andrea-Hall: Attached is the executed State Funded Grant Agreement for the above referenced project. The Bid Phase Notice to Proceed (BNTP) for bidding will be issued once the construction solicitation documents have been reviewed and approved by the Department. Once the BNTP is issued, Collier County will be authorized to advertise for bidding services. Collier County shall not begin any bidding activities before the BNTP is issued. If I can be of further assistance, please contact me at (239) 225-1958 or e-mail at aileen.keatinq(a�dot.state.fl.us Sincerely, DocuSigned by: dtvri31K6alfrrg Local Agency Program Coordinator FDOT, District One Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov 16B9 DocuSign Envelope ID: F39810EA-DF34-4D6A-B026-AD0609239EEB FDOT Florida Department of Transportation Ron DeSantis 801:North Broadway Avenue Governor Bartow,FL 33830 March 12, 2024 Michelle D'Andrea-Hall Grants Coordinator Transportation Management Services 2885 South Horseshoe Drive Naples, FL 34104 RE: AGREEMENT NOTIFICATION FM #: 445296-3-54-01 Agency: Collier County Contract No.: G2V09 Description: 175 from Golden Gate to Pine Ridge Dear Ms. D'Andrea-Hall: Attached is the executed State Funded Grant Agreement for the above referenced project. The Bid Phase Notice to Proceed (BNTP) for bidding will be issued once the construction solicitation documents have been reviewed and approved by the Department. Once the BNTP is issued, Collier County will be authorized to advertise for bidding services. Collier County shall not begin any bidding activities before the BNTP is issued. If I can be of further assistance, please contact me at (239) 225-1958 or e-mail at aileen.keatind dot.state.fl.us Sincerely, DocuSigned by: 1131K6dfFrig Local Agency Program Coordinator FDOT, District One Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov