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Agenda 12/12/2017 Item #16A2112/12/2017 EXECUTIVE SUMMARY Recommendation to approve a Landscape Maintenance and Installation Agreement with the Florida Department of Transportation (FDOT) for State Road 84 (Davis Boulevard) from Whitten Drive to Santa Barbara Boulevard; and to execute a Resolution memorializing the Board’s action. (Project Number 60193.1, FPID 433173-2-58-01). _____________________________________________________________________________________ OBJECTIVE: To obtain approval for a Landscape Maintenance and Installation Agreement with FDOT for State Road 84 (Davis Boulevard) from Whitten Drive to Santa Barbara Boulevard; and to execute a Resolution memorializing the Board’s action. CONSIDERATIONS: The State Road 84 (Davis Boulevard) from Whitten Drive to Santa Barbara Boulevard project is identified as Financial Management Number 433173-2-58-01 in the Florida Department of Transportation (FDOT) Adopted Work Program in Fiscal Year 2017/2018 for landscape installation and is contained in FDOT’s adopted Five Year Work Program. The County will install and maintain palms, trees, shrubs, groundcover, an irrigation system, and brick pavers within the State Road 84 right-of-way medians, between Whitten Drive and Santa Barbara Boulevard. The Landscape Maintenance and Installation Agreement includes a landscape technical maintenance plan after installation and through the establishment of the plant material; landscape limits of maintenance; and the FDOT approved landscape and irrigation plans. Upon project completion of the landscape and irrigation project, Collier County will maintain the landscape and irrigation improvements based on the FY2018 average costs per mile or $44,430 per mile. FISCAL IMPACT: Funding for maintenance of this segment has been planned as part of the five-year landscape beautification program. Source of funds is the Unincorportated Area General Fund (111). LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval - SAS. GROWTH MANAGEMENT IMPACT: The project supports the Growth Management Plan. RECOMMENDATION: To approve a Landscape Maintenance and Installation Agreement with the Florida Department of Transportation (FDOT) for State Road 84 (Davis Boulevard) from Whitten Drive to Santa Barbara Boulevard; and to execute a Resolution memorializing the Board’s action (FPID 433173-2-58-01). Prepared by: Pamela Lulich, PLA, CPM, Landscape Operations Manager, Road Maintenance Division ATTACHMENT(S) 1. Resolution initialed by SAS - 110217(2) (PDF) 2. [Linked] Agreement - 110217 (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.21 Doc ID: 4106 Item Summary: Recommendation to approve a Landscape Maintenance and Installation Agreement with the Florida Department of Transportation (FDOT) for S tate Road 84 (Davis Boulevard) from Whitten Drive to Santa Barbara Boulevard; to execute a Resolution memorializing the Board’s action. (Project Number 60193.1, F.P.I.D. 433173-2-58-01) Meeting Date: 12/12/2017 Prepared by: Title: Manager - Landscape Operations – Growth Management Department Name: Pamela Lulich 10/30/2017 4:38 PM Submitted by: Title: Dept Head - Growth Management – Growth Management Department Name: Thaddeus Cohen 10/30/2017 4:38 PM Approved By: Review: Road Maintenance Joseph Delate Additional Reviewer Completed 11/02/2017 1:53 PM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 11/06/2017 3:54 PM Growth Management Department Diane Lynch Level 1 Reviewer Completed 11/06/2017 4:11 PM Growth Management Department Allison Kearns Additional Reviewer Completed 11/06/2017 4:20 PM Road Maintenance Travis Gossard Additional Reviewer Completed 11/07/2017 6:41 AM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 11/07/2017 7:09 AM Grants Kimberly Lingar Level 2 Grants Review Completed 11/07/2017 8:26 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/07/2017 9:51 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/08/2017 3:21 PM Growth Management Department James French Deputy Department Head Review Completed 11/12/2017 10:42 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/13/2017 2:38 PM Grants Therese Stanley Additional Reviewer Completed 11/15/2017 9:18 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/15/2017 4:13 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 11/20/2017 9:05 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2017 3:29 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 12:18 PM 12/12/2017 Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM EXHIBIT A Page 1 of 1 RESOLUTION NO. 2017 — A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, APPROVING, AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A LANDSCAPE MAINTENANCE AND INSTALLATION AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR SR 84 (DAVIS BOULEVARD) FROM WHITTEN DRIVE TO SANTA BARBARA BOULEVARD (FPID 433173-2-58-01). WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Landscape Maintenance and Installation Agreement (the "Agreement") with Collier County, wherein FDOT has jurisdiction over and maintains State Road 84 (Davis Boulevard) as part of the State Highway System; and WHEREAS, Collier County seeks to install and maintain landscaping, irrigation, and brick pavers within the Davis Boulevard medians between Whitten Drive and Santa Barbara Boulevard; and WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the public interest and benefits the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners approves and authorizes its Chairman to sign the Agreement pertaining to FPID #433173-2-58-01 . 2. The Collier County Clerk is directed to forward two certified copies of this Resolution along with two certified copies of the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of , 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk PENNY TAYLOR, Chairman Approved as to form and legality Scott A. Stone. Assistant County Attorney FPID: 433173-2-58-01 COUNT': COLLIER ROADWAY: SR84 (DAVIS BLVD) PAGE 1 OF 5 LANDSCAPE MAINTENANCE AND INSTALLATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY THIS Agreement, made and entered into this day_ of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, "DEPARTMENT") and, COLLIER COUNTY (hereinafter, "AGENCY") for the AGENCY to maintain, at the AGENCY'S expense, landscaping within the area specified below. WITNESSETH I. WHEREAS, the DEPARTMENT has jurisdiction over and maintains SR 84 ( Davis Blvd) from Whitten Drive to Santa Barbara Blvd. as part of the State Highway System; and 2. WHEREAS, the DEPARTMENT, at the request of the AGENCY, seeks to install specialized landscape improvements within the unpaved areas of right-of-way of SR 84 (Davis Blvd) from Whitten Drive to Santa Barbara Blvd., (hereinafter, "PROJECT') and the AGENCY has agreed, at its expense, to maintain the landscaping and irrigation within the medians only, including the mowing of the grass, after completion of the PROJECT. 3. WHEREAS, the AGENCY, by Resolution No. , dated and attached hereto as Exhibit A, attached hereto and incorporated into this Agreement, accepted this obligation and authorized its Chairman or Designee to execute this Agreement on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The AGENCY 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 N/A, to the following utilities/municipalities: Utilities have been addressed in the roadway design plans. 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. 9 FPID: 433173-2-58-01 COUNTY: COLLIER ROADWAY: SR84 (DAVIS BLVD) PAGE 2 OF 2. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit B attached hereto and by this reference made a part hereof. The AGENCY agrees, at the AGENCY'S expense, to maintain al I landscaping and irrigation which includes mowing of the grass within the median pursuant to the Landscape Plans) included as Exhibit C, attached hereto and incorporated into this Agreement, and Rule 14-40.003, Florida Administrative Code, as it may be amended from time to time {the AGENCY shall mow median areas within the State Right of Way (ROW) from MP 2.848 to MP 4.005 on State Roadway No. 03001000 so that the landscaping and turf areas meet or exceed minimum Maintenance Rating Performance Standards (MRP) as defined by the DEPARTMENT). 3. The landscaping duties to be performed by the AGENCY shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 4. All landscape installation and maintenance activities undertaken by AGENCY 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. 5. The AGENCY may utilize its employees or third parties to accomplish its obligations under this Agreement. However, the AGENCY remains responsible for proper performance under this Agreement and shall take all steps necessary to ensure that its employees or third parties perforin as required under this Agreement. 6. 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 AGENCY shall be given sixty (60) calendar days' notice to remove said landscaping which time the DEPARTMENT may remove the same. 7. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this PROJECT. if at any time after the AGENCY 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 AGENCY that a deficiency or deficiencies exist(s). Upon receipt of the notice, the AGENCY 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 AGENCY for expenses incurred and the AGENCY shall promptly reimburse the DEPARTMENT for the costs, or b) The DEPARTMENT may terminate the Agreement, in which case the AGENCY 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. J FPID: 433173-2-58-01 COUNTY: COLLIER ROADWAY: SR84 (DAVIS BLVD) PAGE 3 OF 5 8. This Agreement shall take effect upon execution by both parties. 9. This Agreement shall remain in effect until such time the AGENCY 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 landscape improvements shall be removed by the AGENCY 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 AGENCY shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values 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 AGENCY shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of such work. 10. The AGENCY 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 AGENCY'S self insurance program. 11. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the AGENCY in the performance of services pursuant to this Agreement, the DEPARTMENT will immediately forward the claim to AGENCY, and the DEPARTMENT 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 AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in such claim pursuant to this section. The DEPARTMENT'S failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the AGENCY 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. 12. To the extent provided by law, the AGENCY shall indemnify, defend and hold harmless Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of the AGENCY, or any of its officers, agents or employees, acting within the scope of their office or employment, in connection with the obligations and rights granted to or exercised by the AGENCY hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by the AGENCY to indemnify Department for the negligent acts or omissions of Department, its officers, agents or employees, or for the acts of third parties. Nothing herein shall be construed as consent by 0 FPID: 433173-2-58-01 COUNTY: COLLIER ROADWAY: SR84 (DAVIS BLVD) PAGE 3 OF 5 The AGENCY to be sued by third parties in any manner arising out of this agreement. The AGENCY shall also require all contractors and subcontractors who conduct operations within the Project to indemnify and hold Department harmless against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of said Contractor or Subcontractor or any of their officers, agents or employees, acting within the scope of their office or employment. The indemnities assumed by the AGENCY shall survive termination of this agreement. 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 AGENCY in whole or part without the consent of the DEPARTMENT. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Mr. Darryl Richard District Landscape Architect 801 North Broadway (MS 1-49) Bartow, FL 33830-1249 Darryl. Richard(a dot.state.tLus TO COLLIER COUNTY: Pamela Lulich Landscape Operations Manager Growth Management Department 2885 South Horseshoe Drive Naples, Florida 34104 PamelaLulich@colliergov.net Rest of this page intentionally left blank. L'AO FPID: 433173-2-58-01 COUNTY: COLLIER ROADWAY: SR84 (DAVIS BLVD( PAGE 5 OF 5 IN WITNESS WHEREOF, Collier County: has caused this Agreement to be executed in its behalf, by the Chairman or its designee, as authorized by Resolution No. 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: u papmmr ro enmrame. 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