Backup Documents 05/13/2025 Item #16B 8 1 6 B 8
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
j4k//0/1 51 t3
4. BCC Office Board of County Commissioners
155 40 5) IL
5. Minutes and Records Clerk of Court's Office 6110
126
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 Phone Number 239.252.6291
Contact/Department 1
Agenda Date Item was May 13,2025 Agenda Item Number 16.B.03
Approved by the BCC
Type of Document(s) Agreement Number of Original 1
Attached Documents Attached
PO number or account -
number if document is
to be recorded b /L Gf-4rt 54 .s`-
.)
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(instead of stamp)? s'-ft."4
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be 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 NA
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
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's yQ
signature and initials are required. r/
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. 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 5113 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney
Office has reviewed the changes, if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
RESOLUTION NO. 2025 - R2
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, on February 27, 2024, the Board approved a Joint Participation Agreement
JPA)(the"Agreement")with the State of Florida Department of Transportation (FDOT),wherein
FDOT will reimburse Collier County up to the sum of to $390,000 for the Landscape and Irrigation
Beautification Relocation Project from Pine Ridge Road and 1-75 to the Golden Gate Interchange and
Parkway); and
WHEREAS, FDOT has requested the JPA was updated by FDOT to reflect Phase three
3) of the project and to reflect the boilerplate language required by the State for this type of
contract; 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
Joint Participation Agreement pertaining to FPN 445296-3-58-01.
2. The Collier County Clerk is directed to forward a certified copy of this Resolution along
with the Supplemental 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 +
1-,. .
day of t'
lay_2025.
ATTEST:BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. IN .'
L,
Clerk OF COLLIER COUNTY, FLORIDA
By:By: iy4.+--
Deputy to airman's
Burt aunders, airman
4 sioneture only
Approved
is i•
f, nd legality:
Ay
in 4symiLwAriL
Jeffrey A. -' zko v County Attorney
4
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FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G3F49
6/26/2025
CONTRACT INFORMATION
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 6/26/2025
Action:Original
Reviewed or Approved:APPROVED
Organization Code:55014010106
Expansion Option:A8
Object Code:751000
Amount:$390,000.00
Financial Project:44529635801
Work Activity (FCT):215
CFDA:
Fiscal Year:2025
Budget Entity:55150200
Category/Category Year:088716/25
Amendment ID:O001
Sequence:00
User Assigned ID:
Enc Line (6s)/Status:0001/04
Total Amount:$390,000.00
Contract:G3F49
Contract Type:GD - GRANT DISBURSEMENT (GRANT)
Vendor Name:COLLIER COUNTY
Vendor ID:F596000558102
Beginning Date of This Agreement:06/25/2025
Ending Date of This Agreement:06/30/2025
Contract Total/Budgetary Ceiling:ct = $390,000.00
Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.)
Description:I-75 From Pine Ridge to Golden Gate Parkway
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To: Aileen.Keating@dot.state.fl.us
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Financial Management No.:445296-3-58-01 Fund: DDR Function: FLAIR Approp:
Agency: Collier County FLAIR Obj.: 751000
Contract No: G2V09 Contract Amount: 5390,000.00
Org.Code: 55014010106
Vendor No.: F596000558102
This Agreement, made and entered into this day of 20_, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the
DEPARTMENT) and Collier County, a political subdivision of the State of Florida, existing under the Laws of
Florida, (hereinafter referred to as the RECIPIENT),
WITNESSETH:
WHEREAS, the Parties have been granted specific Legislative Authority to enter into this Agreement pursuant
to Sections 339.12 and 339.135, Florida Statutes; and
WHEREAS, the RECIPIENT byResolution No.20 ZS -2 _, dated the day of 1.y__,...1,3 •
20Z5 a copy of which is attached hereto and made a part hereof as Exhibit "D", 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 1-75 (SR93) from Pine Ridge to Golden Gate Parkway. in
Fiscal Year 2025, said Project being known as FM #: 445296-3-58-01, hereinafter referred to as the "Project-;
and
WHEREAS, the Project is on the State Highway System, is not revenue producing and is contained in the
adopted Five Year Work Program; and
WHEREAS, the implementation of the Project is in the interests of both the DEPARTMENT and the
RECIPIENT and it would be most practical, expeditious, and economical for the RECIPIENT to perform the
services to complete the Project; and
WHEREAS the intent of this Agreement is to establish the terms and conditions of the funding and the
production of this Project.
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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
RECIPIENT agrees to complete the Project by June 30th, 2025, in accordance with the schedule
described and contained in Exhibit "A" attached hereto. If the RECIPIENT does not complete the Project
within the time period allotted, this Agreement will expire on the last day of the scheduled completion, as
provided in this paragraph unless an extension of the time period is requested by the RECIPIENT 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 RECIPIENT.
2. SERVICES AND PERFORMANCES
A. The RECIPIENT shall provide the Construction of the Project, and otherwise, the RECIPIENT shall
perform all other necessary work to complete the Project, as specified in Exhibit "A", Scope of Services
attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring
the RECIPIENT to perform any activity which is outside of the scope of services of the Project.
B. The RECIPIENT shall provide the quantifiable, measurable and verifiable units of deliverables as
specified in Exhibit "A". Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion.
C. The RECIPIENT agrees to undertake the Construction services 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 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.
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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 RECIPIENT 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 RECIPIENT shall be responsible for obtaining clearances/permits required for the construction of the
Project from the appropriate permitting authorities.
G. The RECIPIENT shall hire a contractor prequalified by the DEPARTMENT using the RECIPIENT'S
normal competitive bid procedures to perform the construction work for the Project. The RECIPIENT
shall provide a copy of the final contract documents to the DEPARTMENT for review and approval prior
to awarding the final contract.
H.The RECIPIENT shall hire an FDOT pre-qualified CEI firm to perform oversight of the construction
work and Verification Testing in accordance with the 2024/2025 Standard Specifications for Road and
Bridge Construction, and as amended from time to time. Ad/ministration 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 the DEPARTMENT. The DEPARTMENT shall have the right to approve the CEI firm.
The DEPARTMENT shall have the right, but not the obligation, to perform independent testing from time
to time during the course of construction of the Project. The CEI firm shall not be the same firm as the
Engineer of Record.
I. After the DEPARTMENT'S approval of the design plans and prior to commencing the work
described herein, the RECIPIENT shall receive a Notice to Proceed from the DEPARTMENT'S
Project Manager, or from an appointed designee. Any work performed prior to the issuance of the
Notice to Proceed is not subiect to reimbursement.
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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. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida
Statutes, the RECIPIENT shall indemnify and hold harmless the DEPARTMENT, including the
DEPARTMENT's officers and employees, from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the RECIPIENT and persons employed or utilized by the RECIPIENT in the
performance of this Agreement. This indemnification shall survive the termination of this Agreement.
Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the RECIPIENT's sovereign immunity.
The RECIPIENT agrees to include the following indemnification clause in all contracts with contractors,
subcontractors, consultants, or subconsultants who perform work in connection with this Agreement
modified to appropriately identify the parties):
To the,fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and hold
harmless the Agency and the State of Florida, Department of Transportation, including the Department's
officers and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in
the performance of this Agreement. "
This indemnification shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the RECIPIENT's
sovereign immunity."
L. Pursuant to Section 7-13 of the DEPARTMENT Standard Specifications, the RECIPIENT's contractor is
required to possess a general liability insurance naming the DEPARTMENT as an additional insured and
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insuring the DEPARTMENT and the RECIPIENT 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 RECIPIENT'S contractor accessing the DEPARTMENT's 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/l00 Dollars ($ 5,000,000.00) for property damage, or a
combined coverage of not less than five million and 00/100 Dollars ($ 5.000,000.00). Additionally. the
RECIPIENT 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 RECIPIENT with the DEPARTMENT named as an additional
obligee. The bond and insurance shall remain in effect until completion of construction and acceptance by
the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the
DEPARTMENT may reasonably require. the contractor shall provide the DEPARTMENT with
certificates documenting that the required bond and insurance coverage is in place and effective.
M. Under the terms of this agreement, the plans, reports, and recommendations of the Consultant will be
reviewed by the DEPARTMENT for conformity with DEPARTMENT standards and agreement terms.
However, review by the DEPARTMENT does not constitute detailed review or checking of design
components and related details. or the accuracy with which designs are depicted on the plans.
Acceptance of the work by the DEPARTMENT or Agreement termination does not constitute
DEPARTMENT approval and will not relieve the Consultant of the responsibility for subsequent
corrections of any errors and/or omissions and the clarification of any ambiguities. The Consultant shall
make all necessary revisions or corrections resulting from errors and/or omissions on the part of the
Consultant without additional compensation. If these errors and/or omissions are discovered during the
construction of the project, they shall be corrected without additional compensation.
N. The RECIPIENT 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".
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0. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work
being done by the RECIPIENT and of details thereof. Coordination shall be maintained by the
RECIPIENT with representatives of the DEPARTMENT.
P. Upon completion of the work authorized by this Agreement, the RECIPIENT shall notify the
DEPARTMENT in writing of the completion; and for all design work that originally required
certification by a Professional Engineer. This notification shall contain an Engineers Certification of
Compliance, signed and sealed by a Professional Engineer, Exhibit "C", The certification shall state that
work has been completed in compliance with the Project construction plans and specifications. If any
deviations are found from the approved plans, the certification shall include a list of all deviations along
with an explanation that justifies the reason to accept each deviation.
3. COMPENSATION AND REIMBURSEMENT
A. Project Cost: The total estimated cost of the Project is S390,00.00 (Three Hundred, Ninety Thousand
Dollars). This amount is based on the Schedule of Funding, Exhibit "B" attached hereto.
B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the RECIPIENT in an amount
not to exceed $ S390,00.00 (Three Hundred, Ninety Thousand Dollars). for the Construction/CEI
Phase of this PROJECT. The funding for this Project is contingent upon annual appropriation by the
Florida Legislature. The RECIPIENT agrees to bear all expenses more than 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 RECIPIENT to that effect.
i. The RECIPIENT 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
RECIPIENT is unsatisfactory, the DEPARTMENT shall notify the RECIPIENT of the deficiency to
be corrected, which correction shall be made within a timeframe to be specified by the
DEPARTMENT. The RECIPIENT shall, within five days after notice from the DEPARTMENT,
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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 noncompliance. If the corrective
action plan is unacceptable to the DEPARTMENT, the RECIPIENT shall be assessed a non-
performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied
to the invoice for the current billing period. The retainage shall be withheld until the RECIPIENT
resolves the deficiency. If the deficiency is subsequently resolved, the RECIPIENT may bill the
DEPARTMENT for the retained amount during the next billing period. If the RECIPIENT is unable
to resolve the deficiency, the funds retained will be forfeited at the end of the Agreement's term.
Section 287.058(1)(h), F.S.)
ii) Invoices must be based on quantifiable, measurable and verifiable units of deliverables as specified
in Paragraph 2.A. and in Exhibit "A", Scope of Services. Supporting documentation must establish
that the deliverables were received and accepted in writing by the RECIPIENT and must also
establish the required minimum level of service to be performed as specified in Paragraph 2.B. was
met, and the criteria for evaluating successful completion as specified in Paragraph 2.N. was met.
iii) Reimbursement for fees or other compensation for services or expenses incurred shall be submitted
by the RECIPIENT in detail sufficient for a proper pre-audit and post-audit thereof, based on the
quantifiable, measurable and verifiable deliverables as established in Paragraph 2. A. and Exhibit
A", Scope of Services and said request for reimbursement/invoice must be completed and accepted
in writing by the DEPARTMENT's Project Manager or designee prior to reimbursement.
iv) The final balance due under this Agreement will be reimbursed upon the completion of all Project
services, receipt of final construction cost documentation and proper submission of a detailed
invoice and when the Project has been inspected, approved and accepted to the satisfaction of the
DEPARTMENT in writing.
v) All costs charged to the Project by the RECIPIENT shall be supported by detailed invoices, proof of
payments, contracts or vouchers evidencing in proper detail the nature and propriety of the charges.
vi) Travel costs will not be reimbursed.
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vii) Supporting documentation must establish that the deliverables were received and accepted in
writing by the RECIPIENT and must also establish that the required minimum level of service to be
performed based on the criteria for evaluating successful completion as specified in Exhibit A —
Scope of Services or Project Description and Responsibilities was met. All costs invoiced shall be
supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in
proper detail the nature and propriety of charges as described in Exhibit F — Contract Payment
Requirements. (Reference Guide for State Expenditures Cost Reimbursement Requirements.)
C. The DEPARTMENT shall have the right to retain out of any payment due the RECIPIENT under this
Agreement, an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the
RECIPIENT on any other Agreement between the RECIPIENT and the DEPARTMENT.
D. The RECIPIENT which is providing goods and services to the DEPARTMENT should be aware of the
following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days
to inspect and approve the goods and services. The DEPARTMENT has twenty (20) days to deliver a
request for payment (voucher) to the Department of Financial Services. The twenty (20) days are
measured from the latter of the date the invoice is received or the goods or services are received,
inspected and approved. If a payment is not available within forty (40) days, a separate interest penalty
at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in
addition to the invoice amount. Interest penalties of less than one dollar ($1.00) will not be enforced
unless the RECIPIENT requests payment. Invoices which must be returned to the 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 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.
E. Records of costs incurred under terms of this Agreement shall be maintained and made available upon
request by the DEPARTMENT, at all times during the period of this Agreement, and for five (5) years
after final payment is made. Copies of these documents and records shall be furnished to the
DEPARTMENT upon request. Records of costs incurred include the RECIPIENT'S general accounting
records and the Project records, together with supporting documents and records, of the contractor and
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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
RECIPIENT 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 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 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.
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 RECIPIENT shall allow public access to all documents, papers, letters, or other material subject to
the provisions of Chapter l 19, Florida Statutes, and made or received by the RECIPIENT in conjunction
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with this Agreement. Failure by the RECIPIENT to grant such public access shall be grounds for
immediate unilateral cancellation of this Agreement by the DEPARTMENT.
B. The RECIPIENT shall comply with all federal, state and local laws and ordinances applicable to the
work or payment for work thereof. The RECIPIENT shall not discriminate on the grounds of race.
color, religion, sex or national origin in the performance of work under this Contract.
C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the
judicial branch, or a state agency.
D. The RECIPIENT and the DEPARTMENT agree that the RECIPIENT, 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 RECIPIENT 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 RECIPIENT upon sixty (60) days written notice to the DEPARTMENT.
B. If the DEPARTMENT determines that the performance of the RECIPIENT is not satisfactory, the
DEPARTMENT shall have the option of(a) immediately terminating the Agreement, or (b) notifying
the RECIPIENT 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 DEPARTMENT.
C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory
performance of the RECIPIENT, the DEPARTMENT shall notify the RECIPIENT 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.
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D. If the Agreement is terminated before performance is completed, the RECIPIENT shall be paid only for
that work satisfactorily performed for which costs can he 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
RECIPIENT.
6. MISCELLANEOUS
A. All words used herein in the singular form shall extend to and include the plural. All words used in the
plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
B, The DEPARTMENT shall not be obligated or liable hereunder to any party other than the RECIPIENT.
C. The RECIPIENT 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 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.
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.
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F. All tracings, plans specifications, maps. models. reports, or other work product prepared or obtained
under this Agreement shall be considered works made for hire for the DEPARTMENT and the
RECIPIENT and shall at all times be and remain the property of the DEPARTMENT and the
RECIPIENT without restriction or limitation on their use.
G. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida.
Any provision herein determined by a court of competent jurisdiction, or any other legally constituted
body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this
Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision
is not material to the intended operation of this Agreement.
H. This Agreement shall be effective upon execution by both parties and shall continue in effect and be
binding on the parties until the Project is completed, any subsequent litigation is complete and
terminated, final costs are known. and legislatively appropriated reimbursements, if approved, are made
by the DEPARTMENT. The DEPARTMENT may, at any stage. amend or terminate the Project in
whole or in part if the DEPARTMENT determines that such action is in the best interest of the public.
However, the RECIPIENT'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 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.
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J. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless
prior written notification of an alternate address for notices is sent, all notices shall be sent to the
following addresses:
Florida Department of Transportation Collier County
Aileen Keating Pamela Lulich, PLA, ASLA
Local Pjgrams Coordinator Landscape Operation Manager
801 N Broadway Avenue, MS 1-12 4800 Davis Blvd
Bartow, FL 33830 Naples, Florida 34104
K. Exhibits A, B, C, D, F, J, and 0 are attached hereto and incorporated by reference.
The remainder of this pa'e is intentionally left blank
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IN WITNESS WHEREOF, TOWN OF LONGBOAT KEY has caused this Agreement to be executed on its
behalf through its designee, and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this
Agreement to be executed on its behalf through its District Secretary or authorized Designee: This Agreement
shall become effective on:
Department to enter date
COLLIER COUNTY,a political subdivision of the State of Florida
ATTEST
40€4.YX...."414e€4imbe
CLERK Attes t_ SEALairman's SEAL) NA
sigttature'only TITLE: CHAIRPERSON OR DESIGNEE
DATE
Burt L. Saunders, Chairman
H .4 ,
LEGAL RC 'I DS
Fo6BY:
3e a
DATE
Co Jr d( octi
STATE OF FLORIDA DEPARTMENT OF TRANSP( RTATION
ATTEST
BY:
EXECUTIVE SECRETARY SEAL) DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
PRINT NAME DATE PRINT NAME DATE
AVAILABILITY OF FUNDS APPROVAL: LEGAL REVIEW:
BY:
DATE DATE^_.
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06/26/2025 | 3:11 PM EDT
Nicole E Mills 06/26/2025 | 3:54 PM EDT06/26/2025 | 4:10 PM EDTJerri McCants
06/26/2025
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Alt Form 525-010-60eA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OA
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/21
EXHIBIT A
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 445296-3-58-01
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: 3.28 53.349/56.628
PROJECT DESCRIPTION- 1-75 (SR 93) FROM PINE RIDGE ROAD TO GOLDEN GATE PARKWAY; RDWY ID.
03175000
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 1-75 @ Pine
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 Pkwy. which is approximately 2 5 miles to the South of th
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.
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.
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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 to be completed by June 30, 2025
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 525.01CS0eB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OB
STATE-FUNDED GRANT AGREEMENT PROGRAM
MANAGEMENT
521
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EXHIBIT B
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME&BILLING ADDRESS:FINANCIAL PROJECT NUMBER: jICollierCounty445296-3-58-01
3299 Tamiami Trail Suite 700.
Naples,FL 34112
MAXIMUM PARTICIPATION
PHASE OF WORK by Fiscal Year:
TOTAL PROJECT FUNDS LOCAL F)UNDS STATE FUNDS ( Indicate source of
Local funds
Design-Phase 34 Maximum Department Participation
In-KindFY: Insert Program Name)
Cash
FY: Maximum Department Participation In-Kind
Insert Program Name)
Cash
Total Design Cost 0.00 0.00 t 0.00
Right-of-Way-Phase 44Maximum Department Participation
In-KindFY: Insert Program Name)
0 Cash
FY: Maximum Department Participation
In-Kind
Insert Program Name)
Cash
Total Right-of-Way Cost S 0.00 0.00 0.00
Construction-Phase 58 Maximum Department Participation
1 390,000.00 390,000.00 In-KindFY:2025 DDR)
0 CashFY: Maximum Department Participation In-Kind
Insert Program Name)
Cash
Total Construction Cost 390,000.00 0.00 390,000.00
100.00% 100%
Construction Maximum Department Participation In-Kind
Engineering and (Insert Program Name)
0 CashInspection-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 i In-KindFY: Insert Program Name)
Cash
FY: Maximum Department Participation C]In-KindInsertProgramName)
Cash
Total Cost 0.00 0.00 0.00
TOTAL COST OF THE PROJECT 5390,000.00 5 0.00 5390,000.00
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 bySection216.3475,F.S.Documentation is on file evidencing the methodology used and the conclusions reached.
Aileen Keating
District Grant Manager Name
e—DocuStpned by:
n , 12/18/2024 1 10:57 AM EST
Signature Date
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Alt Form 525-010.60eC STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0C
STATE-FUNDED GRANT AGREEMENT PROGRAM
MANAGEMENT
05/21
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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#: 445296-3-58-01
In accordance with the Terms and Conditions of the State-Funded Grant Agreement, the undersigned
provides notification that the work authorized by this Agreement is complete as of 20_.
By:
Name:
Title:
ENGINEER'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the State-Funded Grant Agreement, the undersigned
certifies that all work which originally required certification by a Professional Engineer has been
completed in compliance with the Project construction plans and specifications. If any deviations have
been made from the approved plans, a list of all deviations, along with an explanation that justifies the
reason to accept each deviation, will be attached to this Certification. Also, with submittal of this
certification the Recipient shall furnish the Department a set of"as-built" plans certified by the Engineer
of Record/CEI.
By: PE
SEAL: Name:
Date:
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Alt Form 525.010.60eD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011.0D
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EXHIBIT D
RECIPIENT RESOLUTION
The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
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Alt Form 525-010-60eF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OF
STATE-FUNDED GRANT AGREEMENT PROGRAM
MANAGEMENT
04124
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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.
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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.comidocs-sfiaccountinq-and-auditing-Iibrariesistate-
agencies/reference-quide-for-state-expenditures.pdf.
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Alt Form 525-010-80eJ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0J
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
09/20
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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)
E 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/searchCombliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/comp#iance.aspx
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Alt Form 525-010-60eO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-00
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
05/21
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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
c. The Recipient shall be responsible for monitoring construction operations and the maintenance of traffic
MOT") throughout the course of the Project in accordance with the latest edition of the Department
Standard Specifications, section 102 The Recipient is responsible for the development of a MOT plan and
making any changes to that plan as necessary The MOT plan shall be in accordance with the latest version
of the Department Design Standards, Index 600 series Any MOT plan developed by the Recipient that
deviates from the Department Design Standards must be signed and sealed by a professional engineer
MOT plans will require approval by the Department prior to implementation.
d. The Recipient shall be responsible for locating all existing utilities, both aerial and underground, and for
ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts
shall be fully resolved directly with the applicable utility.
e. 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
requirements pursuant to Chapter 163, Florida Statutes.
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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.
i. 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
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
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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 Insert restrict hours of operation, (insert days of the week for
restricted operation), 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:
Insert District PIO contract info
Note: (Highlighted sections indicate need to confirm information with District Office or appropriate
DOT person managing the Agreement)
A
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