Loading...
Resolution 2025-092 RESOLUTION NO. 2025 - 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 44 day of in, 2025. ;r ATTEST:-, '.• •• -•,. BOARD OF COUNTY COMMISSIONERS CRYSTAL 14 KIN :L, Clerk OF COLLIER COUNTY, FLORIDA By' • - By: f % ••' Deputy Clerk Bkrt`•Saunders, C airman • ,• ..-Aftea as to:,ilcairrnan s sionatture only Approved s fo i A nd legality: 7 %'A! - - Jeffrey A. 'lajzko v. County Attorney 11 \./ Page 1 of 1 Docusign Envelope ID.B704FBE0-5963-4C33-B8E5-4D0317C34F61 All Form 525.010.60eF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OF STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 04124 Page 1 of 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. c�,a Docusign Envelope ID:B704FBE0-5963-4C33-138E5-4130317C34F61 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.mvfloridacfo.com/flocs-sf/accountinq-and-auditing-libraries/state- aaencies/reference-guide-for-state-expenditures.pdf. Docusign Envelope ID:B704FBE0-5963-4C33-B8E5.400317C34F61 All Form 525-010E0eJ STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION 525.011-0J STATE-FUNDED GRANT 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) ® 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.fidfs.com/fsaa/searchCatalog:asox COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: httpsliaops.fldfs.corn/fsaa/searchCompliance.aspI The State Projects Compliance Supplement is provided at: https/iapos.fldfs.com/isaatcomplfance.asm Docusign Envelope ID:B704FBE0-5963-4C33-B8E5-4D0317C34F61 All Form 525-010-60e0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-00 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 3 EXHIBIT 0 TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY Section 10.e.of the Agreement is amended as follows for Construction on the Department's Right of Way. 1. If the Project involves construction on, under, or over the Department's right-of-way, the design work for all portions of the Project to be constructed on, under, or over the Department's right-of-way shall be submitted to the Department for review prior to any work being commenced, and the following provisions shall apply: a. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction and Department Design Standards and Manual of Uniform Traffic Control Devices("MUTCD").The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the Florida Department of Transportation Design Manual("FDM") and the Department Traffic Engineering Manual. Designs that do not meet Department standards may be rejected by the Department at its sole discretion. The Department may allocate Department-managed resources to facilitate compliance with applicable design standards. If changes to the Department approved plans are required, the Recipient shall notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Recipient shall maintain the area of the Project, at all times, and coordinate any work needs of the Department during construction of the Project. b. The Recipient shall notify the Department a minimum of 48 hours before beginning construction within, under, or over Department right-of-way. The Recipient shall notify the Department should construction be suspended for more than 5 working days The Department contact person for construction is 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. t�� Docusign Envelope ID:B704FBE0-5963-4C33-B8E5-4D0317C34F61 525-011.00 PROGRAM MANAGEMENT 05f21 Page 2of3 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. 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. Docusign Envelope ID:B704FBE0-5963-4C33•B8E5-4D0317C34F61 525-011.00 PROGRAM MANAGEMENT 05/21 Page 3 of 3 p. Portable Traffic Monitoring Site(PTMS)or a Telemetry Traffic Monitoring Site(TTMS)may exist within the vicinity of your proposed work. It is the responsibility of the Recipient to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. q. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. r. Restricted hours of operation will be from 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)