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Resolution 2013-091 RESOLUTION NO. 2013- 91 A RESOLUTIO BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") AUTHORIZING THE COUNTY TO INSTALL LANDSCAPE DEVELOPMENT IMPROVEMENTS OF THE UNPAVED AREAS WITHIN THE RIGHT-OF-WAY OF I-75 AT THE IMMOKALEE INTERCHANGE AND TO MAINTAIN THE LANDSCAPE AFTER COMPLETION OF THE PROJECT AT THE COUNTY'S EXPENSE AND TO REIMBURSE THE COUNTY FOR THE INSTALLATION EXPENDITURES AND AUTHORIZING THE CHAIRWOMAN TO SIGN THE JPA. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Joint Participation Agreement ("JPA") with Collier County, in accordance with FDOT's Five Year Work Program, to install landscape development improvements of the unpaved areas within the right-of-way of I-75 at the Immokalee Interchange, and Collier County has agreed to maintain the landscape after completion of the project; and WHEREAS, as part of the JPA, FDOT further agrees to reimburse the County for the construction of the project to a maximum amount of$400,000.00, which sum is programmed into FDOT's Adopted Work Program under FM#433809-1-58-01 as of July 2013; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the Public interest to enter into the JPA and coordinate these State and County projects in a cost efficient manner in the best interests of 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 the Joint Participation Agreement for FM# 433809-1-58-01 and authorizes its Chairwoman, to execute the Agreement on its behalf 2. The Collier County Clerk of Courts is hereby directed to forward a certified copy of this Resolution, along with an executed copy of the Joint Participation Agreement, to the Florida Department of Transportation. n • /S This Resolution is hereby adopted after majority vote favoring same this oL day of April, 2013. ATTEST: ATTEST: BOARD ! COUNT COMMISSIONERS, DWIGHT E, .1114OCK, Clerk COLLI' R COUNTY FLORIDA. By•-1C '1 1 By: Dep,AFOTA: Georgia r!T., Chairwoman est into'v'airman's Appr, ,d as to for .n legal sufficiency By: .�. 1_.. Cott R. Teach Deputy County Attorney Financial Management No.:433809 1 58 01 Fund: DDR Function:215 FLAIR Approp: 088716 Local government: Collier County FLAIR Obj.: 134011 Contract No: Contract Amount:$400,000.00 Org.Code: 55014010106 Vendor No.: F59-6000-558-163 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This Agreement, made and entered into this day of , 2013, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and COLLIER COUNTY, a political subdivision of the State of Florida, existing under the Laws of Florida, (hereinafter referred to as the LOCAL GOVERNMENT), for the LOCAL GOVERNMENT to maintain, at the LOCAL GOVERNMENT expense, landscaping within the area specified below. WITNESSETH: WHEREAS, the Parties have been granted specific Legislative Authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Roads as part of the State Highway System; and Y✓HEREAS, the LOCAL GOVERNMENT by Resolution No. 2.p\3 —C\\ , dated thear day of a4 p„1) , 2013 a copy of which is attached hereto and made a part hereof, has authorized its officers to execute this Agreement on its behalf. WHEREAS, the LOCAL GOVERNMENT is prepared, in accordance with its Five Year Work Program, to install landscape development improvements of the unpaved areas within the right-of-way of 1-75 at Immokalee Interchange, (hereinafter, " Project") and the LOCAL GOVERNMENT has agreed to maintain the landscape after completion of the PROJECT as its expense , said Project being known as FM #433809 1 58 01, hereinafter referred to as the "Project"; and WHEREAS, the Project is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Work Program; and WHEREAS, the implementation of the Project is in the interests of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the Project; and Page 2 of 15 FM# 433809 1 58 01 Collier County WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of the Project; and NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. The parties hereto acknowledge and agree that the design plans for this Project are not yet complete and are subject to review by the DEPARTMENT. Upon final approval by the DEPARTMENT, this Agreement shall be amended to include said plans in the agreement. The parties further agree that the plans will be incorporated into the terms of this Agreement by reference and that the LOCAL GOVERNMENT hereby approves and delegates to Chairman of the Board of County Commissioners the authority to enter into an amendment of this agreement to accomplish said task. No further Board or Council action shall be required to amend this agreement for the sole purpose of incorporating the Technical Maintenance Plan and Landscape Plan(s). 2. The LOCAL GOVERNMENT hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on , to the following utilities/municipalities: b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement in accordance with Fla. Stat. §479.11. 3. The LOCAL GOVERNMENT agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan to be provided via amendment to this agreement as set forth in paragraph 1. above. 4. The LOCAL GOVERNMENT agrees, at the LOCAL GOVERNMENT'S expense, to maintain the landscaping within the median and areas outside the travel way within the right of way pursuant to the Landscape Plan(s) to be provided via amendment to this agreement, and Rule 14-40.003, Florida Administrative Code, as it may be amended from time to time. The above named functions to be performed by the LOCAL GOVERNMENT shall be Page 3 of 15 FM#433809 1 58 01 Collier County subject to periodic inspections by the DEPARTMENT. The LOCAL GOVERNMENT shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 5. All landscape installation and maintenance activities undertaken by LOCAL GOVERNMENT shall be pursuant to the Work Zone Traffic Control Plan(s) using the FDOT Standard Index 600, and incorporated into this Agreement, and Rule 14-40.003, Florida Administrative Code. 6. The LOCAL GOVERNMENT may utilize its employees or third parties to accomplish its obligations under this Agreement. However, the LOCAL GOVERNMENT remains responsible for proper performance under this Agreement and shall take all steps necessary to ensure that its employees or third parties perform as required under this Agreement. 7. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order to widen, alter or otherwise change the state road to meet with future criteria or planning of the DEPARTMENT. The LOCAL GOVERNMENT shall be given sixty (60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 8. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this PROJECT. If at any time after the LOCAL GOVERNMENT has assumed landscaping maintenance responsibility it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, the District Secretary or his designee may issue a written notice to the LOCAL GOVERNMENT that a deficiency or deficiencies exist(s). Upon receipt of the notice, the LOCAL GOVERNMENT shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: a) The DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or its Contractor's personnel and invoice the LOCAL GOVERNMENT for expenses incurred and the LOCAL GOVERNMENT shall promptly reimburse the DEPARTMENT for those reasonable costs, or b) The DEPARTMENT may terminate the Agreement, in which case the LOCAL GOVERNMENT shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right-of-way to its original condition. 9. This Agreement shall take effect upon execution by both parties. 10. This Agreement shall remain in effect until such time the LOCAL GOVERNMENT or DEPARTMENT wishes to terminate this Agreement. Termination shall be done in writing giving the other party thirty (30) days notice. Upon notice of termination by either party, all Page 4 of 15 FM# 433809 1 58 01 Collier County landscape improvements shall be removed by the LOCAL GOVERNMENT and the DEPARTMENT'S right-of-way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: a) Maintain the landscape improvements within the limits of said project with DEPARTMENT'S contractor or personnel and the LOCAL GOVERNMENT shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable value of such work; or b) Remove all landscape improvements; return the right-of-way to its original condition with the DEPARTMENT'S contractor or personnel and the LOCAL GOVERNMENT shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable value of such work. 11. The LOCAL GOVERNMENT shall keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the LOCAL GOVERNMENT'S self insurance program. 12. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the LOCAL GOVERNMENT in the performance of services pursuant to this Agreement, the DEPARTMENT will immediately forward the claim to the LOCAL GOVERNMENT, and the DEPARTMENT and the LOCAL Government will evaluate the claim and report their findings to each other within seven working days and will jointly discuss options in defending the claim. After reviewing the claim, the DEPARTMENT will determine whether to require the participation of the LOCAL GOVERNMENT in the defense of the claim or to require that the LOCAL GOVERNMENT defend the DEPARTMENT in such claim pursuant to this section. The DEPARTMENT'S failure to notify the LOCAL GOVERNMENT of a claim shall not release the LOCAL GOVERNMENT from any of the requirements of this section. The DEPARTMENT and the LOCAL GOVERNMENT will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in the same percentage as that judicially established. 13. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 14. This Agreement may not be assigned or transferred by the LOCAL GOVERNMENT in whole or part without the consent of the DEPARTMENT. I. TERM Page 5 of 15 FM#433809 1 58 01 Collier County A. The term of this Agreement shall begin upon the date of signature of the last party to sign. The LOCAL GOVERNMENT agrees to complete the Project by December 31, 2014, in accordance with the schedule described and contained in Exhibit "C" attached hereto. If the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of the scheduled completion, as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the Project. After the Project is complete, the term of this Agreement shall continue in effect and be binding on the parties for maintenance responsibilities of the LOCAL GOVERNMENT. H. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall furnish the services to construct the Project. The Project consists of: install landscape development improvements within the unpaved areas within the right-of-way of I-75 at Immokalee Interchange and, the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit `'A", Scope of Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside of the scope of services of the Project. B. The LOCAL GOVERNMENT shall provide the following quantifiable, measurable and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. Said deliverables consists of items 1-17 of Scope of Services in Exhibit ''A". C. The LOCAL GOVERNMENT agrees to undertake the construction of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including DEPARTMENT standards and specifications. D. E- VERIFY Vendors/Contractors hired by the LOCAL GOVERNMENT: 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; and shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. E. This Agreement shall act to supersede the normal requirements of the LOCAL GOVERNMENT to secure separate DEPARTMENT permits for drive-way connection, right of Page 6 of 15 FM#433809 1 58 01 Collier County way utilization, storm-water discharge and utilities, and this Agreement is deemed to constitute such permits. F. The LOCAL GOVERNMENT shall be responsible for obtaining clearances/permits required for the construction of the Project from the appropriate permitting authorities. G. The LOCAL GOVERNMENT understands that is responsible, at its expense, for the preparation of all design plans for the Project suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. The LOCAL GOVERNMENT acknowledges that the cost of design is the responsibility of the LOCAL GOVERNMENT. Six (6) copies of the design plans shall be provided to the DEPARTMENT'S Project Manager, at the address listed on Page 14. The DEPARTMENT shall review the plans for conformance to the DEPARTMENT'S requirements and feasibility within forty-five (45) days of delivery by the LOCAL GOVERNMENT. The DEPARTMENT'S review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans; however, all changes requested by the DEPARTMENT shall be made by the Engineer of Record/LOCAL GOVERNMENT with the understanding that final decision rests with the DEPARTMENT. All corrected plans shall be provided to the DEPARTMENT in a timely manner. After approval of the plans and prior to commencing the work described herein, the LOCAL GOVERNMENT shall request a Notice to Proceed from the DEPARTMENT'S Construction Project Manager, Mike Schulte, at (863) 519-2239 or from an appointed designee. The LOCAL GOVERNMENT shall also obtain approval of its MOT schedule and coordinate construction schedule including pre construction meeting invitation with Eunice Usher at Fort Myers Operations Center (239)656-7800 or from an appointed designee. The LOCAL GOVERNMENT shall provide a copy of the Final Bid documents to the DEPARTMENT. After approval of the plans and prior to commencing the work described herein, the LOCAL GOVERNMENT shall request a Notice to Proceed from the DEPARTMENT'S Landscape Project Manager, Michael Schulte, at (863)519-2239 or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. H. The LOCAL GOVERNMENT shall hire a DEPARTMENT prequalified contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project. 1. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond in accordance with Section 337.18(1), Florida Statutes. Page 7 of 15 FM#433809 1 58 01 Collier County J. The LOCAL GOVERNMENT 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 DEPARTMENT standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit"D". K. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all design work that originally required certification by a Landscape Architect, this notification shall contain a Landscape Architect Certification of Compliance, signed and sealed by an Architect, Exhibit "E". The certification shall state that work has been completed in compliance with the Landscape design 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. III. COMPENSATION AND REIMBURSEMENT A. Project Cost: The total estimated cost of the Project is $400,000.00 (FOUR HUNDRED THOUSAND DOLLARS). This amount is based on the Schedule of Funding, Exhibit"B" attached hereto. B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT in an amount not to exceed $400,000.00 (FOUR HUNDRED THOUSAND DOLLARS) for actual costs incurred, excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT's participation. Travel costs will not be reimbursed. i) The LOCAL GOVERNMENT shall submit invoices plus supporting documentation required by the DEPARTMENT for approval and processing. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), F.S. ii) Invoices must be based on quantifiable, measurable and verifiable units of deliverables as specified in Paragraph II.A. and in Exhibit "A", Scope of Services. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT and must also establish that the required minimum level of service to be performed as specified in Paragraph II.B. was met, and that the criteria for evaluating successful completion as specified in Paragraph II.K. was met. iii) Reimbursement for fees or other compensation for services or expenses incurred shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable deliverables as established in Paragraph II. A. and Exhibit "A", Scope of Services and said request for Page 8 of 15 FM#433809 1 58 01 Collier County reimbursement/invoice must be completed and accepted in writing by the Department's Project Manager or designee prior to reimbursement. iv) The LOCAL GOVERNMENT may receive progress payments for deliverables based on the contractor's Schedule of Values and on a percentage of services that have been completed, approved and accepted to the satisfaction of the DEPARTMENT when properly supported by detailed invoices and acceptable evidence of payment. The final balance due under this Agreement will be reimbursed upon the completion of all Project services, receipt of final construction cost documentation and proper submission of a detailed invoice and when the Project has been inspected, approved and accepted to the satisfaction of the DEPARTMENT in writing. v) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported by detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. C. The DEPARTMENT shall have the right to retain out of any payment due the LOCAL GOVERNMENT under this Agreement, an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the LOCAL GOVERNMENT on any other Agreement between the LOCAL GOVERNMENT and the DEPARTMENT. D. The LOCAL GOVERNMENT which is providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount. Interest penalties of less than one dollar($1.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state government. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. E. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement, and for five (5) years after final payment is made. Copies of these documents and Page 9 of 15 FM# 433809 1 58 01 Collier County records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT'S general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. F. 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." G. The DEPARTMENT'S performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the event funds are not appropriated to the DEPARTMENT for the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL GOVERNMENT to that effect. H. Audits: The administration of resources awarded by the DEPARTMENT to the LOCAL GOVERNMENT may be subject to audits and/or monitoring by the DEPARTMENT, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined Page 10 of 15 FM# 433809 1 58 01 Collier County by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the LOCAL GOVERNMENT agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate, the LOCAL GOVERNMENT agrees to comply with any additional instructions provided by the DEPARTMENT staff to the LOCAL GOVERNMENT regarding such audit. The LOCAL GOVERNMENT further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the DEPARTMENT'S Office of Inspector General (OIG) and Florida's Chief Financial Officer(CFO) or Auditor General. PART I: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the LOCAL GOVERNMENT expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year, the LOCAL GOVERNMENT must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If applicable, Exhibit "F" to this Agreement indicates state financial assistance awarded through the DEPARTMENT by this Agreement. In determining the state financial assistance expended in its fiscal year, the LOCAL GOVERNMENT shall consider all sources of state financial assistance, including state financial assistance received from the DEPARTMENT, 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. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the LOCAL GOVERNMENT shall ensure that the audit complies with the requirements of Section 215.97(7), 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. 3. If the LOCAL GOVERNMENT expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the LOCAL GOVERNMENT 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 nonstate entity's resources (i.e., the cost of such an audit must be paid from the LOCAL GOVERNMENT resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Page 11 of 15 FM#433809 1 58 01 Collier County PART II: OTHER AUDIT REQUIREMENTS The LOCAL GOVERNMENT shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to Project records and audit work papers shall be given to the DEPARTMENT, the Department of Financial Services, and the Auditor General. This section does 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 other state official. PART III: REPORT SUBMISSION I. Copies of financial reporting packages required by PART I of this Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to each of the following: A. The DEPARTMENT at the following address: Florida Department of Transportation District JPA/LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 II. Copies of reports or the management letter required by PART II of this Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to: A. The DEPARTMENT at the following address: Florida Department of Transportation District JPA/LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 Ill. Any reports, management letters, or other information required to be submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in Page 12 of 15 FM#433809 1 58 01 Collier County accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. IV. Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The LOCAL GOVERNMENT shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five (5) years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor General access to such records upon request. The LOCAL GOVERNMENT shall ensure that audit working papers are made available to the DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period of at least five (5) years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. IV. COMPLIANCE WITH LAWS A. The LOCAL GOVERNMENT shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The LOCAL GOVERNMENT shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex 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 LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract. E. 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 Page 13 of 15 FM#433809 1 58 01 Collier County 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. V. MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated.or liable hereunder to any party other than the LOCAL GOVERNMENT. C. In no event shall the making by the DEPARTMENT of any payment to the LOCAL GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the LOCAL GOVERNMENT, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. 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. E. All tracings, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and the LOCAL GOVERNMENT and shall at all times be and remain the property of the DEPARTMENT and the LOCAL GOVERNMENT without restriction or limitation on their use. F. 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 Page 14 of 15 FM#433809 1 58 01 Collier County 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. G. 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. H. 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. I. 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 Michael Schulte Pam Lulich Landscape Architect Collier County Project Manager 801 North Broadway Ave 2675 South Horseshoe Drive Suite 401 Bartow, Florida 33830 Naples, FL 34104 Page 15 of 15 FM#433809 1 58 01 Collier County IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman or its Designee, and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized Designee: This Agreement shall become effective on: Date to be entered b)WIRIPARIM ENT .. ": COLLIER COUNTY , L S I I A ATTBT 73.W 051 , � G�iIL C RK . + • f (SEAL) CHAIRMAN OR DESIGNEE Pielettl 3-?f� ?J Georgia A. Hiller, Esq. DATE PRINT NAME DATE COLLI COUNTY LEGAL REVIEW: 1 BY: te.4.4t L / a)/3 DA E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST BY: EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE PRINT NAME DATE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: DATE Financial Provisions Approval by The Office of the Comptroller on: EXHIBIT "A" SCOPE OF SERVICES Financial Management Number: 433809-1-58-01 I-75 (SR 93) AT IMMOKALEE ROAD INTERCHANGE LANDSCAPING The purpose of this Exhibit is to describe the scope of work and the responsibilities of Collier County in connection with the construction of landscape enhancements for the I-75 at Immokalee Road interchange. The project will include clearing, grubbing, grading, erosion control and restoration necessary for the installation of the landscape enhancements and associated irrigation system. The project area is generally defined as the area between the platted right-of-way lines of Immokalee Road and the limited access area for the 1-75 interchange. The general objective is for Collier County to provide contract administration, management services, construction engineering inspection services and quality acceptance reviews of all work associated with the construction of the associated improvements. The services performed shall be in accordance with all applicable Florida Department of Transportation manuals, guidelines and specifications. Deliverables included in the Scope of Services are as follows: 1. Installation of appropriate landscaping within the east and west unimproved Immokalee Road medians directly adjacent to I-75 and to the four quadrants of the interchange along the access ramps and overpass structure embankments along the 1-75 north and south travel lanes. 2. Replacement of all dead plant material during the 12 month establishment period. 3. Installation of adequate irrigation system with all appropriate fittings and appurtenances. 4. Construction of directional bore to accommodate the irrigation system, if required. 5. Provide adequate temporary and permanent erosion control. 6. Maintain traffic on 1-75 and Immokalee Road during construction. 7. 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. 8. Provide Construction Engineering and Inspection (CEI) and Quality Assurance Engineering. 9. Coordinate construction activities with other construction projects that are impacted by or impact this project. This includes projects under the jurisdiction of local governments or other regional and state agencies. Page 1 of 1 EXHIBIT "B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 433809 1 58 01 'By and through this Joint Participation Agreement with the LOCAL GOVERNMENT, the DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT up to, but not to exceed $400,000.00 (Four hundred Thousand Dollars) for actual costs incurred on this Project, excluding LOCAL GOVERNMENT overhead. Page 1 of 1 EXHIBIT "C" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 433809 1 58 01 • Bidding and Construction Contracts to begin by July 1, 2013. • Actual Construction to run from September, 2013, and be completed by December 31, 2014. Page 1 of 1 EXHIBIT "D" TERMS & CONDITIONS OF CONSTRUCTION 1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth herein, to enter the DEPARTMENT'S Right-of-way to perform all activities necessary for the construction of the Project (as described more fully in Exhibit "A"). The Project shall be constructed in accordance with construction plans and specifications to be approved by the DEPARTMENT and consistent with the requirements of the DEPARTMENT. The plans shall include an appropriate plan for maintenance of traffic. Should any significant (as defined by §4- 3 of Standard Specifications for Road and Bridge Construction, 2010, and as amended from time to time) changes to the plans be required during construction of the Project, the LOCAL GOVERNMENT shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The DEPARTMENT reserves the right to adjust the plans to meet the requirements of permits. The LOCAL GOVERNMENT shall be responsible to maintain the area of the Project at all times during construction of the Project. All payment and performance bonds shall name the DEPARTMENT as an additional obligee. All warranties on any product or material used in construction of said Project shall be in favor of the DEPARTMENT. The LOCAL GOVERNMENT shall assure that the Engineer of Record performs all necessary post-design services that may be required. 2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all existing utilities, both aerial and underground and that all utility locations shall be represented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. The LOCAL GOVERNMENT shall be obligated to design around any utility installation for which the conflict cannot be resolved. Said utility work shall be deemed to be undertaken on behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall assure that utility work schedules are obtained for the Project. 3. The work performed pursuant to this Agreement may require authorization under the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges from construction sites. The LOCAL GOVERNMENT is responsible for obtaining the National Pollutant Discharge Elimination System Permit and all other necessary permits for construction of the Project. When applicable, such permits will be processed in the name of the DEPARTMENT; however, in such event, the LOCAL GOVERNMENT will comply with all terms and conditions of such permit in construction of the subject facilities. 4. This Agreement shall act to supersede the normal requirements of the LOCAL GOVERNMENT to secure separate DEPARTMENT permits for drive-way connection, right- of-way utilization, storm-water discharge and utilities and this Agreement is deemed to constitute such permits. 5. It is expressly agreed by the parties that this Agreement creates a permissive use only and that neither the granting of the permission herein to use DEPARTMENT and/or LOCAL GOVERNMENT right-of-way nor the placing of facilities upon DEPARTMENT and/or Page 1 of 3 LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL GOVERNMENT except as otherwise provided in separate agreements. 6. The DEPARTMENT shall appoint and authorize a single individual to serve as the DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of LOCAL GOVERNMENT activities pursuant to this Agreement. The LOCAL GOVERNMENT shall provide a current construction schedule to the DEARTMENT'S representative and shall notify the representative at least 48 hours in advance of starting proposed work and again immediately upon completion of work. 7. The LOCAL GOVERNMENT shall hire a DEPARTMENT prequalified contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project. 8. The LOCAL GOVERNMENT shall hire a DEPARTMENT qualified CEI firm to perform Verification Testing in accord with the 2010 Standard Specifications for Road and Bridge Construction, and as amended from time to time. 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. 9. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond in accordance with Section 337.18, Florida Statutes. 10. The LOCAL GOVERNMENT shall not modify the intent of the design plans or the maintenance of traffic concept without appropriate submission by the Engineer of Record (the "Engineer") and approval by the DEPARTMENT. Provided, however, in the event of an emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes and notify the DEPARTMENT and the Engineer of Record after the modifications. 11. The DEPARTMENT may request and shall be granted a conference with the LOCAL GOVERNMENT and at the LOCAL GOVERNMENT'S option, the LOCAL GOVERNMENT'S CEI firm, to discuss any part of the Project activities that the DEPARTMENT determines to be inconsistent with the approved design plans and specifications. The LOCAL GOVERNMENT will monitor the corrective action and provide the DEPARTMENT status reports at such intervals as are reasonable, based on the corrective action undertaken, and the DEPARTMENT may, but is not obligated to, review independently the progress of the corrective action. Provided however, if the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, issue an immediate stop work order. 12. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the maintenance of traffic and construction operation during the course of the Project so that the safe and efficient movement of the traveling public is maintained. The LOCAL GOVERNMENT is further obligated to make such changes to the maintenance of traffic plans as may be necessary. During construction, the LOCAL GOVERNMENT shall take measures, including the placing and display of safety devices that are necessary in order to safely conduct the public through the Project area in accordance with the latest and current version of the Page 2 of 3 Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, and the DEPARTMENT'S 2010 Standard Specifications for Road and Bridge construction and the DEPARTMENT'S 2010 Roadway and Traffic Design Standards, and as those sources may be amended from time to time. The LOCAL GOVERNMENT may assign the responsibility of this paragraph to the Contractor or its CEI for the construction of the Project. 13. Prior to the Project bidding, the LOCAL GOVERNMENT shall provide a project schedule that includes, at a minimum, the date the Project will be advertised for bid, the bid opening date, the award date and the date of the preconstruction conference. 14. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the DEPARTMENT'S right, title and interest in the land to be entered upon and used by the LOCAL GOVERNMENT. Any additional right or privilege required to undertake and to complete construction of the Project shall be secured by the LOCAL GOVERNMENT. 15. Upon completion of the work in accord with the Plans, the LOCAL GOVERNMENT shall furnish a set of"as-built" plans certified by the Engineer of Record/CEI that the necessary improvements have been completed in accordance with the Plans as the same may be modified in accord with the terms of this Agreement. This certification shall include a statement that necessary inspections, tests, and physical measurements have been made, and that all materials entering into the work conform to the Plans, conform to the applicable specifications contained in the Standard Specifications for Road and Bridge Construction, 2010 edition as amended, or otherwise conform to or meet generally accepted professional practices. Additionally, the LOCAL GOVERNMENT shall assure that all post construction survey monumentation required by Florida Statutes is completed and evidence of such is provided to the DEPARTMENT in a manner acceptable to the DEPARTMENT. Upon acceptance of right-of-way documents, then the Project shall be deemed accepted by and turned over to the DEPARTMENT. 16. In the event contaminated soil is encountered by the LOCAL GOVERNMENT or anyone within the DEPARTMENT right of way, the LOCAL GOVERNMENT shall immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate with the appropriate agencies and notify the LOCAL GOVERNMENT of any required action related thereto. 17. It is acknowledged by the parties that construction plans and specifications are still being prepared by the LOCAL GOVERNMENT as of the date of this Agreement. Construction of the Project will not commence until the DEPARTMENT has approved the construction plans and specifications as provided for in Paragraph 1 and all required right-of-way has been properly obtained and certified (if applicable) as such by the DEPARTMENT's Right of Way Manager. 18. If applicable, the LOCAL GOVERNMENT shall assure that load ratings are submitted on any vehicular bridge prior to the final submission of the structure plans for DEPARTMENT review. Structures shall not be opened to traffic until a signed and sealed final bridge load rating that meets the Florida legal loads standard is complete. Page 3 of 3 EXHIBIT "E" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION And COLLIER COUNTY PROJECT DESCRIPTION: Landscape improvements 1-75 @ Immokalee Interchange FINANCIAL MANAGEMENT ID#433809 1 58 01 In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Title: LANDSCAPE CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Landscape Architect 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 LOCAL GOVERNMENT shall furnish the DEPARTMENT a set of "as-built" plans certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: Page 1 of 1 EXHIBIT "F" FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: i' f F.+ al ti. p . t'le and number)`` f CO L jlfb; UIREME NTS APPLICABLE TO THE FEDERAL RESOURCES AW DED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number)- $(amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project(list State awarding agency, Catalog of State Financial Assistance title and number) - $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Page loft