Backup Documents 06/11/2024 Item #16B 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 B 6
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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office (� Q / r fZY
4. BCC Office Board of County r
Commissioners Ctl k P6151
5. Minutes and Records Clerk of Court's Office (a/r I 1.2-9 11 -,t:J
Send via email to:
Danielle.Bates@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 Danielle Bates,Grants Coordinator I/ Phone Number 239-252-2661
Contact/ Department TMSD
Agenda Date Item was 6/11/24 Agenda Item Number 16.B.6
Approved by the BCC
Type of Document SFG Agreement and Resolution Number of Original 2
Attached Fes?Sc Documents Attached
PO number or account N/A
number if document is 2q
to be recorded f^
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? DB
2. Does the document need to be sent to another agency for additional signatures? If yes, DB
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
Danielle Bates will send to FDOT after all other signatures received
3. Original document has been signed/initialed for legal sufficiency. (All documents to be D13
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
Office and all other parties except the BCC Chairman and the Clerk to the Board Af/A
5. The Chairman's signature line date has been entered as the date of BCC approval of the DB
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 Di/'R
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip DB
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 f your deadlines!
8. The document was approved by the BCC on I t'1 and all changes made N/A is not
during the meeting have been incorporated in the ttached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. CS this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the c. Q an option for
Chairman's signature. w this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 1 1/30/12
1686
RESOLUTION NO. 2024 - 100
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA,
APPROVING AND AUTHORIZING ITS CHAIRMAN TO
EXECUTE A STATE-FUNDED GRANT AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR GRANT FUNDING FOR THE
DESIGN OF FOUR POINTS ROUNDABOUT. (FPN 452825-1-
34-01)
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter
into a State-Funded Grant Agreement(the"Agreement")with Collier County,wherein FDOT will
reimburse Collier County up to the sum of$1,050,000 (One Million and Fifty Thousand Dollars)
for the design of four points roundabout. (FPN 452825-1-34-01); 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 FPN 452825-1-34-01.
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 II/'day of IP, -2024.
ATTEST:. BOARD OF COUNTY COMMISSIONERS
ltfSTAL K. KINZEL, Clerk OF COLLIER UNTY, FLORIDA
T
By: By:
est as to,CTdEhclerk Chri all, Chairman
4� ��.. :jLt., signature only
7 •Appzi 1 as to form and legality:
� • bn � {` ��
Carly anne anseverino C SS
Assistant County Attorney NIii
Page 1 of I
DocuSign Envelope ID:9D28079F-B7B4-474D-A8F7-6FA318C1AEF4
1 686
Alt Form 525-010-60eA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011 0A
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/21
EXHIBIT A
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 452825-1-34-01
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: 0.333 miles MP-6.7 to 7.033
PROJECT DESCRIPTION: The purpose of this exhibit is to describe the scope of work and the responsibilities of the Collier
County in connection with the design of Four Point Roundabout. The project length is approximately 0.333 miles.Generally,
the design will provide for the realignment of Camp Keis Road and installation of a roundabout within the project limits.
The general objective is for the Collier County to provide contract administration, management services and quality
acceptance reviews of all work associated with the development and preparation of the contract plans for the associated
improvements. The services performed shall be in accordance with the FDOT Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways and applicable City and County manuals, guidelines and
specifications. The scope of services is intended to be inclusive of all design activities required for the design phase of the
project.
Specifically and non inclusive, the following are included in the Scope of Services
1. Provide for the preparation of the Roadway Plans Package. This work effort includes the roadway design and drainage
analysis needed to prepare a complete set of Roadway Plans, Traffic Control Plans, Environmental Permits and other
necessary documents.
2. Coordination with utility owners during design will be required to determine and avoid potential impacts. Where
unavoidable, disposition of the utility conflicts should be coordinated.
3. A Professional Engineer, registered in the State of Florida, in responsible charge of the project's design shall
professionally endorse (sign, seal and certify) the record plans, the special provisions and all reference and support
documents.
4. Assure all surveying and mapping products and services comply with pertinent Florida Statutes and the Florida
Administrative Code.
5. Identifying and obtaining any geotechnical investigation, analysis, and design dictated by the project needs. All
geotechnical work necessary shall be performed in accordance with the governing regulations.
6. Acquisition of all applicable stormwater and environmental permits in accordance with Chapter 62-25, Regulation of
Storm water Discharge, Florida Administrative Code; Chapter 373 and 403, Florida Statutes; Chapters 40 and 62, Florida
Administrative Code; Rivers and Harbors Act of 1899; Section 404 of the Clean Water Act; and parts 114 and 115, Title 33,
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Code of Federal Regulations. In addition, permitting required by local agencies shall be prepared in accordance with their
specific regulations. Acquisition includes all associated permit fees.
7. Satisfy and obtain all sovereign land requirements and easements from the Florida Department of Environmental
Protection, including mapping and survey, if required.
8. Identify and coordinate necessary resources for implementation of Intelligent Transportation Systems(ITS)analysis, and
design.on roadway
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) Design to be completed by December 31, 2026 .
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:
Upon receipt of an invoice, the Department will have twenty, (20) working days to review and approve the goods and
services submitted for payment.
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Alt Form 525-010-60eD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0D
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/21
Page 1 of 1
EXHIBIT D
RECIPIENT RESOLUTION
The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
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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.
DocuSign Envelope ID:9D28079F-B784-474D-A8F7-6FA318C1AEF4
1 6 B6
Alt Form 525-010-40E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0J
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
09/20
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)
® Specific Appropriation 2042A of CH.2023-239, CFSA 55.039
*Award Amount: $1,050,000.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number is provided at: https://apps.fldfs.com/fsaa/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
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DocuSign Envelope ID:9D28079F-B7B4-474D-A8F7-6FA318C1AEF4 1 6 8 6
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.
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. cq�
DocuSign Envelope ID:9D28079F-8784-474¢A8F7-6FA318C1AEF4
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
FPN: 452825-1-34-01 Fund: GR24 FLAIR Category:
Org Code: 55014010106 FLAIR Obj: 751000
FPN: Fund: FLAIR Category:
Org Code: FLAIR Obj:
FPN: Fund: FLAIR Category:
Org Code: FLAIR Obj:
County No:03-Collier Contract No: Vendor No: F596000558102
THIS STATE-FUNDED GRANT AGREEMENT("Agreement") is entered into on
(This date to be entered by DOT only)
by and between the State of Florida Department of Transportation, ("Department"), and Collier County, ("Recipient"). The
Department and the Recipient are sometimes referred to in this Agreement as a"Party" and collectively as the"Parties".
NOW,THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project,the Parties
agree to the following:
1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7),
and (select the applicable statutory authority for the program(s) below):
❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008)
❑ Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009)
❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016)
❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026)
® Specific Appropriation 2042A of Ch.2023-239 L.O.F. , Local Transportation Projects , (CFSA 55.039)
The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D",
Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement
on its behalf.
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the
design of Four Point Roundabout, as further described in Exhibit"A", Project Description and Responsibilities,
attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the
Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner
in which the Project will be undertaken and completed.
3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence
upon full execution by both Parties and the Recipient shall complete the Project on or before December 31, 2026.
If the Recipient does not complete the Project within this time period, 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
Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project
will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced
in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement.
Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent
potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the
Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit"A" in accordance with
the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing.
ColoPage 1 of 14
DocuSign Envelope ID:9D28079F-B7B4-474D-A8F7-6FA318C1AEF4 I 6 B 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design
phase or other non-construction phases of the Project. If the Project involves a construction phase, the Recipient
shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the
construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall
request a Notice to Proceed from the Department.
4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual
written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by
the Recipient under any circumstances without the prior written consent of the Department.
5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or
all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws
or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of
the Department requires such termination.
a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination
in writing within thirty (30) days of the Department's determination to terminate the Agreement, with
instructions as to the effective date of termination or to specify the stage of work at which the Agreement is
to be terminated.
b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce
beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree
upon the termination conditions through mutual written agreement.
c. If the Agreement is terminated before performance is completed, the Recipient 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 on the
Department right-of-way will become the property of the Department and will be turned over promptly by
the Recipient.
d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department
any funds determined by the Department to have been expended in violation of this Agreement.
6. Project Cost:
a. The estimated cost of the Project is $1.500,000.00 (One Million Five Hundred Thousand Dollars). This
amount is based upon the Schedule of Financial Assistance in Exhibit "B", Schedule of Financial
Assistance, attached and incorporated in this Agreement. The Schedule of Financial Assistance may be
modified by execution of an amendment of the Agreement by the Parties.
b. The Department agrees to participate in the Project cost up to the maximum amount of$1,050,000.00(One
Million and Fifty Thousand Dollars) and, additionally the Department's participation in the Project shall not
exceed 70% of the total cost of the Project, and as more fully described in Exhibit"B". The Department's
participation may be increased or reduced upon a determination of the actual bid amounts of the Project by
the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the
Department's participation and any cost overruns or deficits incurred in connection with completion of the
Project.
c. The Department's participation in eligible Project costs is subject to, but not limited to:
i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of
this Agreement; and
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
iii. Department approval of the Project scope and budget at the time appropriation authority becomes
available.
7. Compensation and Payment:
a. The Department shall reimburse the Recipient for costs incurred to perform services described in the
Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial
Assistance in Exhibit"B".
b. The Recipient shall provide 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 Project and the quantifiable, measurable, and verifiable units of deliverables are described
more fully in Exhibit"A", Project Description and Responsibilities. Any changes to the deliverables shall
require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail
sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable
deliverables as established in Exhibit"A". Deliverables and costs incurred must be received and approved
by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an
invoice, progress report and supporting documentation for the period of services being billed that are
acceptable to the Department. The Recipient shall use the format for the invoice and progress report that
is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Recipient and must also establish that the required minimum standards or level of service to be
performed based on the criteria for evaluating successful completion as specified in Exhibit"A" has been
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 Exhibit "F",
Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance
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.
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 thirty(30)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 will not be reimbursed to the extent of the non-performance. The Recipient will
not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the
Recipient may bill the Department for the unpaid reimbursement request(s)during the next billing period. If
the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's
term.
Recipients receiving financial assistance from the Department should be aware of the following time
frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days
from the Department's receipt of the invoice. 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 deliverables and costs incurred are received, inspected, and
approved.
If a payment is not available within 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, to the
Recipient. Interest penalties of less than one(1)dollar will not be enforced unless the Recipient requests
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-6001
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
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.
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.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are
tracked separately. 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.
h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in
the standard format used by the Department and at intervals established by the Department. The
Department will be entitled at all times to be advised, at its request, as to the status of the Project and of
details thereof.
i. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments
due for work or services done under any agreement which it has with the Recipient owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount
pursuant to this paragraph shall not be considered a breach of contract by the Department.
j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal
years, a notice of availability of funds from the Department's project manager must be received prior to
costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being
received. The Department will notify the Recipient, in writing, when funds are available.
I. In the event this Agreement is in excess of$25,000 and has 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."
m. Any Project funds made available by the Department pursuant to this Agreement which are determined by
the Department to have been expended by the Recipient 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 Recipient
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
files shall not constitute a waiver of the Department's rights as the funding agency to verify all information
at a later date by audit or investigation.
n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the
Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed,
costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved
Schedule of Financial Assistance in Exhibit"B" for the Project, costs agreed to be borne by the Recipient
or its contractors and subcontractors for not meeting the Project commencement and final invoice time
lines, and costs attributable to goods or services received under a contract or other arrangements which
have not been approved in writing by the Department.
8. General Requirements:
The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner,
and in accordance with the provisions in this Agreement and all applicable laws.
a. The Recipient must obtain written approval from the Department prior to performing itself (through the
efforts of its own employees) any aspect of the Project that will be funded under this Agreement.
❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase
of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this
excludes general overhead).
b. The Recipient shall provide to the Department certification and a copy of appropriate documentation
substantiating that all required right-of-way necessary for the Project has been obtained. Certification is
required prior to authorization for advertisement for or solicitation of bids for construction of the Project,
including if no right-of-way is required.
c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and
conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project.
d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the
Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or
additional work on the Project under this Agreement without the prior written approval of the claim or request
for additional work by Department.
9. Contracts of the Recipient
a. The Department has the right to review and approve any and all third party contracts with respect to the
Project before the Recipient executes any contract or obligates itself in any manner requiring the
disbursement of Department funds under this Agreement, including consultant or construction contracts or
amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval,
the Department may deny payment to the Recipient. The Department may review the qualifications of any
consultant or contractor and to approve or disapprove the employment of such consultant or contractor.
b. It is understood and agreed by the parties hereto that participation by the Department in a project that
involves the purchase of commodities or contractual services or the purchasing of capital equipment or the
equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per
Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of
Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of
commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida
Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance
with this Section comply with the current threshold limits. Contracts, purchase orders, task orders,
construction change orders, or any other agreement that would result in exceeding the current budget
contained in Exhibit "B", or that are not consistent with the Project description and scope of services
contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to
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DocuSign Envelope ID:9D28079F-B7B4-474D-A8F7-6FA318C1AEF4 I 6 B 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department.
c. Participation by the Department in a project that involves a consultant contract for engineering, architecture
or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055,
Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the
Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and the cost
of the Project is to be paid from state-appropriated funds, then the Recipient must comply with the
requirements of Section 255.0991, Florida Statutes.
10. Design and Construction Standards and Required Approvals: In the event the Project includes construction
the following provisions are incorporated into this Agreement:
a. The Recipient is responsible for obtaining all permits necessary for the Project.
b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide
the Department with written notification of either its intent to:
i. Award the construction of the Project to a Department prequalified contractor which is the lowest
and best bidder in accordance with applicable state and federal statutes, rules, and regulations.
The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or
ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said
Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject
to approval by the Department.
c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the
construction work for the Project. For projects that are not located on the Department's right-of-way, the
Recipient is not required to hire a contractor prequalified by the Department unless the Department
notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the
Department.
d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The
Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm
that includes one individual that has completed the Advanced Maintenance of Traffic Level Training.
Notwithstanding any provision of law to the contrary, design services and CEI services may not be
performed by the same entity. 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 the Project meets the minimum construction standards established by 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 assurance testing during the course of construction of the Project.
Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth
in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that
meet the requirements of this paragraph, or a combination thereof.
e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves
the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the
Project using the Recipient's normal procurement procedures to perform the design services for the Project.
Notwithstanding any provision of law to the contrary, design services and CEI services may not be
performed by the same entity. All design work on the Project shall be performed in accordance with the
requirements of all applicable laws and governmental rules and regulations and federal and state accepted
design standards for the type of construction contemplated by the Project, including, as applicable, but not
limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the
AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located
on, under, or over any Department-owned right-of-way, the Department shall review the Project's design
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DocuSig n Envelope ID:9D28079F-8784-474D-ASF7-6FA318C1 AEF4
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
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plans for compliance with all applicable standards of the Department, as provided in Exhibit"0", Terms
and Conditions of Construction, which is attached to and incorporated into this Agreement.
f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030-
006).
g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the
Departments Construction Project Manager prior to commencing construction of the Project. The
Department will specify the number of copies required and the required format.
h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in
accordance with applicable law.
i. The Recipient shall be responsible 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 Recipient and
Department standards.
j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in
writing of the completion of construction of the Project; 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, the form of which is attached hereto and
incorporated herein as Exhibit "C", Engineers Certification of Completion. 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.
k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through
the Agreement prior to final inspection.
11. Maintenance Obligations: In the event the Project includes construction then the following provisions are
incorporated into this Agreement:
a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System
constructed under this Agreement for its useful life. If the Recipient constructs any improvement on
Department right-of-way, the Recipient
® shall
❑ shall not
maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient
is required to maintain Project improvements located on the Department right-of-way beyond final
acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this
Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and
incorporated into this Agreement as Exhibit"D". This provision will survive termination of this Agreement.
12. State Single Audit: 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 to monitor the Recipient's use of state financial assistance may include but not be limited to on-
site visits by Department staff and/or other procedures including, reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions on
weaknesses found through audits when those findings pertain to state financial assistance awarded through
the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and
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DocuSign Envelope ID:9D28079F-B7B4-474D-A8F7-6FA318C1AEF4
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
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 Department, the Department of Financial Services(DFS)or the Auditor General.
b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state
financial assistance awarded by the Department through this Agreement is subject to the following
requirements:
i. In the event the Recipient meets the audit threshold requirements established by Section 215.97,
Florida Statutes,the Recipient must have a State single or project-specific audit conducted 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 "J", State Financial Assistance
(Florida Single Audit Act)to this Agreement indicates state financial assistance 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 by this Agreement, other state agencies and
other nonstate entities. State financial assistance does not include Federal direct or pass-through
awards and resources received by a nonstate 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
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
iii. In the event the Recipient does not meet the audit threshold requirements established by Section
215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit
requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single
audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than
nine months after the end of the Recipient's audit period for each applicable audit year. In the event
the Recipient does not meet the audit threshold requirements established by Section 215.97,
Florida Statutes, 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. In accordance with Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General, 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(o7dot.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 localgovtaud.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
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DocuSign Envelope ID:9028079F-B7B4-474D-A8F7-6FA318C1AEF4
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit 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 (nonprofit 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 six months, the Department will review the Recipient's financial reporting
package, including corrective action plans and management letters, to the extent necessary to
determine whether timely and appropriate corrective action on all deficiencies has been taken
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.
viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or
its designee, DFS or the Auditor General access to the Recipient's records including financial
statements, the independent auditor's working papers and project records 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, DFS or the 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, DFS or the 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.
13. Restrictions, Prohibitions, Controls and Labor Provisions:
a. 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 36 months from the date of being placed on the
convicted vendor list.
b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid
on a contract to provide 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.
c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further
been determined by the Department to be a non-responsible contractor may not submit a bid or perform
work for the construction or repair of a public building or public work on a contract with the Recipient.
d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature,judicial
branch, or any state agency, in accordance with Section 216.347, Florida Statutes.
e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized
aliens, such violation will be cause for unilateral cancellation of this Agreement.
f. The Recipient shall:
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� 6B6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the Recipient during the term of the contract; and
ii. Expressly require any contractor and 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 contractor
and subcontractor during the contract term.
g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and
conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project.
14. Indemnification and Insurance:
a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
provisions of any part of this Agreement to create in the public or any member thereof, a third-party
beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
claims against the Recipient or any subcontractor, in connection with this Agreement.
b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against
any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of
Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment,
in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the
limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver
of the Department's or the Recipient's sovereign immunity beyond the limits set forth in Florida Statutes,
Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the
Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for
the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third
parties in any manner arising out of this Agreement. This indemnification shall survive the termination of
this Agreement.
c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors,
consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification)
who perform work in connection with this Agreement:
"To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the
[RECIPIENT] and the State of Florida, Department of Transportation, including the Department's
officers, agents, and employees, against any actions, claims, or damages arising out of, relating
to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or
employees, acting within the scope of their office or employment, in connection with the rights
granted to or exercised by[ENTITY].
The foregoing indemnification shall not constitute a waiver of the Department's or[RECIPIENT']'s
sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the
same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the
negligent acts or omissions of[RECIPIENT], its officers, agents, or employees, or third parties. Nor
shall the same be construed to constitute agreement by [ENTITY]to indemnify the Department for
the negligent acts or omissions of the Department, its officers, agents, or employees, or third
parties. This indemnification shall survive the termination of this Agreement."
d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers'
Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and
subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's
Workers' Compensation law. If using "leased employees" or employees obtained through professional
employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that
include operators or other personnel who are employees of independent contractors, sole proprietorships
or partners are covered by insurance required under Florida's Workers' Compensation law.
e. If the Recipient elects to self-perform the Project, and such self-performance is approved by the Department
in accordance with the terms of this Agreement, the Recipient may self-insure and proof of self-insurance
shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the
Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability
insurance providing continuous coverage for all work or operations performed under the Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition of the
standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State
of Florida. Recipient shall,or cause its contractor to cause the Department to be made an Additional Insured
as to such insurance. Such coverage shall be on an "occurrence" basis and shall include
Products/Completed Operations coverage. The coverage afforded to the Department as an Additional
Insured shall be primary as to any other available insurance and shall not be more restrictive than the
coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each
occurrence and not less than a$5,000,000 annual general aggregate, inclusive of amounts provided by an
umbrella or excess policy.The limits of coverage described herein shall apply fully to the work or operations
performed under the Agreement, and may not be shared with or diminished by claims unrelated to the
Agreement. The policy/ies and coverage described herein may be subject to a deductible and such
deductibles shall be paid by the Named Insured, No policy/ies or coverage described herein may contain
or be subject to a Retention or a Self-Insured Retention unless the Recipient is a state agency or subdivision
of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and
at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided
with an ACORD Certificate of Liability Insurance reflecting the coverage described herein.The Department
shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or
proposed change to any policy or coverage described herein. The Department's approval or failure to
disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
f. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass
structure, or any other work or operations within the limits of the railroad right-of-way, including any
encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient
shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain
Railroad Protective Liability Coverage (ISO Form CG 00 35)where the railroad is the Named Insured and
where the limits are not less than$2,000,000 combined single limit for bodily injury and/or property damage
per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be
added along with the Department as an Additional Insured on the policy/ies procured pursuant to the
paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to
final acceptance of the work, both the Department and the railroad shall be provided with an ACORD
Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein
shall be maintained through final acceptance of the work. Both the Department and the railroad shall be
notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change
to any policy or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights the Department may have.
g. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall
be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies
procured above.
15. Miscellaneous:
a. In no event shall any payment to the Recipient 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 Recipient 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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
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b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In
such an instance, the remainder would then continue to conform to the terms and requirements of
applicable law.
c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors,
consultants, and subconsultants are not agents of the Department as a result of this Agreement.
d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay,
any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions
of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing
in order that appropriate changes and modifications may be made by the Department and the Recipient to
the end that the Recipient may proceed as soon as possible with the Project.
f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original,
but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this
Agreement with a signature on behalf of a party will be legal and binding on such party.
g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to
comply with the provisions of Chapter 119, Florida Statutes.
h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all
subcontracts the obligation to comply with Section 20.055(5), Florida Statutes
i. This Agreement shall be 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.
j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273,
Florida Statutes.
16. Exhibits.
a. Exhibits A, B, D, F, and J are attached to and incorporated into this Agreement.
b. ❑ The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is
attached and incorporated into this Agreement.
c. ❑Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method
is used on this Project, then Exhibit"H", Alternative Advance Payment Financial Provisions, is attached
and incorporated into this Agreement.
d. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit"K", Advance Project Reimbursement is attached and incorporated into this
Agreement.
e. ❑A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit 0, Terms
and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this
Agreement.
f. ❑ The followingExhibits , in addition to those listed in 16.a. through 16.f., are attached and incorporated
( ) 9 p
into this Agreement:
Page 12 of 14
S
DocuSign Envelope ID:9D28079F-S7B4-474D-A8F7-6FA318C1AEF4
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
g. Exhibit and Attachment List
Exhibit A: Project Description and Responsibilities
Exhibit B: Schedule of Financial Assistance
*Exhibit C: Engineer's Certification of Compliance
Exhibit D: Recipient Resolution
Exhibit F: Contract Payment Requirements
*Exhibit H: Alternative Advance Payment Financial Provisions
Exhibit J: State Financial Assistance (Florida Single Audit Act)
*Exhibit K: Advance Project Reimbursement
*Exhibit 0: Terms and Conditions of Construction in Department Right-of-Way
*Additional Exhibit(s):
*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
The remainder of this page intentionally left blank.
Page 13 of 14 CAp
16B6DocuSign Envelope ID:3F7E89FF-A612-4102-882D-6DF43CCFCE93
p —
DocuSign Envelope ID:9D28079F-B784.474D-A8F7-6FA31BC1AEF4
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/23
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
RECIPIENT Collier County STATE OF FLORIDA,
By: ekataik.
DEPARTMENT OF TRANISPORTATtON
By:
DoeuSipned by:
Nicole EBM ills
��2r vned � 07/02/2024 I 2:58 P ED
Name:
Chris Hall, Chairman Title: Di rector of Transportation Development
4 ' Je Legal Review:
E,S ST• DocuSigned by:
' t,i CRY,,SIAI. 1 KTNZEL,CLERK �,�.0" C.0 07/02/2024 I 10:51 AN ED-
vc / • ' By: 977Dicv2gP7"DG.
_IF:
A�' . 44 Don Conway
i,. Attest as to C airman's Name:
• 3•/ . a
signature only
FOS
Approved as to form and legality
sistant County Attorney
Page 14 of 14 CAO
DocuSign Envelope ID:9D28079F-B7B4-474D-A8F7-6FA318C1AEF4
! 6 B6
Alt Form 525-010-60e8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OB
STATE-FUNDED GRANT AGREEMENT PROGRAM
MANAGEMENT
B/21
Page 1 of 1
EXHIBIT B
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME&BILLING ADDRESS: FINANCIAL PROJECT NUMBER:
Collier County 452825-1-34-01
2885 South Horseshoe Drive
Naples,FL 34104
MAXIMUM PARTICIPATION
PHASE OF WORK by Fiscal Year: TOTAL PROJECT FUNDS LOCAL FUNDS STATE FUNDS Indicate source of
Local funds
Design-Phase 34 Maximum Department Participation $1,500,000.00 $450,000.00 $1,050,000.00 ❑In-Kind
FY:2023/2024 (GR24) ❑Cash
FY: Maximum Department Participation $ $ $ ❑In-Kind
(Insert Program Name) ❑Cash
Total Design Cost $1,500,000.00 $450,000.00 $1,050,000.00 q .-
%
Right-of-Way-Phase 44Maximum Department Participation $ $ $ ❑In-Kind
FY: (Insert Program Name) 0 Cash
FY: Maximum Department Participation $ $ $ 0 In-Kind
(Insert Program Name) ❑Cash
Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00
% %
Construction-Phase 54 Maximum Department Participation $ $ $ • In-Kind
FY: (Insert Program Name ❑Cash
FY: Maximum Department Participation $ $ $ ❑In-Kind
(Insert Program Name) 0 Cash
Total Construction Cost $ 0.00 $ 0.00 $ 0.00
% % %
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) 0 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 $ $ $ 0 In-Kind
(Insert Program Name) El Cash
Total Cost $ 0.00 $ 0.00 $ 0.%
%
■_
%
TOTAL COST OF THE PROJECT $1,500,000.00 $450,000.00 $1,050,000.00
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.
Zoe Giannopoulos
District Grant Manager Name
DocuSigned by:
10/17/2023 I 8:05 AM EDT
r:atetre92F4Ao... Date
S