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Resolution 2001-115 168 3 RESOLUTION NO. 2001- 115 A RESOLUTION AUTHORIZING THE COUNTY MANAGER TO ENTER INTO A CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR NECESSARY MODIFICATIONS TO THE SIGNAL AND STREET LIGHTING SYSTEM ON A PORTION OF US 41 EAST (SR 90) FROM SR84 (DAVIS BOULEVARD) TO CR 864 (RATILESNAKE HAMMOCK ROAD) WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FOOT) has substantially completed all of the roadway improvements to the portion of US 41 (SR 90) from SR 84 (Davis Boulevard) to CR 864 (Rattlesnake Hammock Road), and WHEREAS, the FDOT's contractor and sub-contractor are unable to complete the work associated with the traffic signals and street lighting on this portion of US 41; and WHEREAS, Collier County is the maintaining agency for the traffic signal and street lighting improvements and has entered into an agreement with the FDOT for maintenance of these improvements; and WHEREAS, Collier County has refused to accept the work that has been performed by the FDOT contractor and/or subcontractors as there are deficiencies in the work (e.g., minor finishing touches, electrical work, paint touch-ups, other miscellaneous tasks); and WHEREAS, Collier County has agreed to do the work necessary to complete the traffic sign and street lighting project to ensure the integrity of the system, and the FDOT has agreed to pay Collier County the sum of $90,000 to do said work. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1. The Board of County Commissioners authorize the County Manager to enter into a Construction and Maintenance Memorandum of Agreement with the FDOT for necessary modifications to the signal and street lighting system on a portion of US 41 East (SR 90) from SR 84 (Davis Boulevard) to CR 864 (Rattlesnake Hammock Road) within the unincorporated area of Collier County, Florida. Said work to be performed by Collier County with payment for same to be made to Collier County by the FDOT. SECTION 2. The Clerk to the Board is hereby directed to forward a certified copy of this Resolution to the Florida Department of Transportation, Bartow, Florida. Page 1 of2 SECTION 3. 16B This Resolution shall take effective immediately upon adoption. ADOPTED by the Board of County Commissioners of Collier County, Florida at regular meeting assembled this [ O~- day of ~c~..~ t,-., ,2001. Clerk il to Chltn~'s only. and legal sufficiency: BOARD OF COUNTY COM]~[ISSIONERS By: "~--'-/'~~~-Og4 ) -- JAMES D~/grARTER, Ph.D.~ C~r~airman Assistant County Attorney Page 2 of 2 16B FM No.: 19536515801 County · Collier STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the "DEPARTMENT", and the COLLIER COUNTY, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the COUNTY has the authority to enter into said Agreement and to undertake the Project hereinafter described; and WHEREAS, the Project is on the State Highway System and the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WHEREAS, the DEPARTMENT will compensate the COUNTY for costs directly related to the construction of the Project; and WHEREAS, the COUNTY by Resolution No. c:~O O [-- /I,.5"- dated the day of . .~R-~ ~ ,2001, a copy of which is attached hereto and made a part hereof, has authorized its Chairman to execute this Agreement; NOW, 'THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1-SERVICES AND PERFORMANCE A. The DEPARTMENT does hereby retain the COUNTY to furnish certain services with which to construct the Project. Said Project consists of: Make modifications to signal and lighting system as detailed on list attached hereto as Exhibit "A" and by this reference made a pan hereof. B. The COUNTY agrees to undertake the construction of ~he Project with its own forces, or through a contractor, in accordance with DEPARTMENT's standards, specifications, permit requirements, and all applicable federal, state and local statutes, roles and regulations. The COUNTY shall be responsible for obtaining clearances/pernfits required for the construction of the Project from the appropriate pernfitting authorities. 168 C. Before any additions or deletions to the work described in paragraph IA, hereinabove, and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto; D. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. E. The DEPARTMENT must approve scope of services (prior to advertising by the COUNTY) and the contractor selected for the Project. All work to be performed under this Agreement is to be in accordance with DEPARTMENT's requirements and all applicable federal, state and local statutes, niles and regulations. F. The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. G. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPARTMF. NT will have the right to visit the site for inspection of the work and the drawings of the COUNTy at any time. H. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Daniel W. Foss, P.E. District Construction Engineer Florida Department of Transportation Post Office Box 1249 Bartow, Florida 33831-1249 TO COUNTY: Edward J. Kant, P.E. Transportation Operations Director Collier County Government 2705 S. Horseshoe Drive Naples, Florida 34104 2-TERM A. The services to be rendered by the COUNTY shall commence, subsequent to the execution of this Agreement, upon written notice from the District Construction Engineer or his/her designee ("Notice") and shall be completed within 180 days from the date of said Notice. B. This contract shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 3-COMPENSATION AND PAYMENT A. The DEPARTMENT, after its final acceptance of the Project, will pay the COUNTY for the actual cost of the work done to complete the Project (as described in paragraph IA hereinabove). Said payment will be a hunp sum amount not to exceed NINETY THOUSAND AND NO/100 DOLLARS ($90,000.00). The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT. B. COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 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 payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTy. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment2 Invoices which have to be returned to the COUNTY because of COUNTY 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 DEPARTMENTi C. The COUNTY shall submit one invoice (3 copies), plus suPPorting documentation required by the DEPARTMENT. Payment shall be made to the COUNTY upon completion of all services, as approved by the DEPARTMENT. D. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individtlal include ac, ting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state COUNTY. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 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 three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project.records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered neceSsary by the DEPARTMENT for a proper audit of costs. 168 3t F. 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. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. G. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017/Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-INDEMNITY AND INSURANCE A. i) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the coUNTY, its officers, agents, employees or contractors/subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or contractors/subcontractors. Neither coUNTY nor any of its officers, agents, employees or contractors/subcontractors will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. ii) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be liable under this section 4 for damages' arising out of injury or dainage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." B. INSURANCE. The COUNTY shall carry and keep in force during the period of this Agreement public liability and worker's compensation insurance policies in accordance with Section 7-13 of the DEPARTMENT's Standard Specifications for Road and Bridge Construction (2000), as amended. 5-COMPLIANCE WITH LAWS A. The COUNTY 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 COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and 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 or a state COUNTY. D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. 6-TERMINATION AND DEFAULT A. This Contract may be canceled 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 COUNTY 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 assigmnent be made for the benefit of creditors. This Contract may be canceled by the COUNTY npon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the COUNTY is not. satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the cOUNTY 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) take whatever action is deemed appropriate by the DEPARTMENT. ' C. If th6 DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY 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. D. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. ' 7-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 COUNTY. C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a Waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the pa~ of the COUNTY, 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 commit~nents, 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 I~e 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 doctunent executed with the same formality and of equal dignity herewith. E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force 'and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 161] F. This Agreement shall be governed by' and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Collier County, Florida. G. Attachments. IN WITNESS WHEREOF, the COUNTY 'has caused this Agreement to be executed in its behalf this 11~'~'-_ day of ._~_1~.~ c._. ~, 2001, by its Chairperson of the Board of County Commi,,ssioners, authorized to enter into and execute same by Resolution Number,0~o/. dated i~, I'P~LI~_, 2001, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this ------__ ., 2001. day of ,,,,.u ..~ BOARD OF COUNTY COMMISSIONERS ," - "t , ~'!,-' ", ' COLLIER COUNTY, FLORIDA · .... ,; ')' v" ' CLERK ' '.'?~,~'"Z,.: .... (SEAL) BY:~ ' ' .Sttli~ .,_ ... , CHAIRPER '-~., ": :'~, ~a~r~.' ~1~. ' Approv}d as to f~ a Jega] sufftclencl '., ' ~ ~.~ ~ ~. ~ ',' '"""/; .... ~*' "- ~- As~'~anf CoUnty ~ttorney STATE O~ ~O~A DEp~~NT O~ TR~SPORTAT[O~ ATTEST: EXECUTIVE SECRETARY _(SEAL) BY: DISTRICT SECRETARY DISTRICT ONE District Construction Engineer Approval: Legal Review. H:\US EILS\LG I$0RL\WHc\LEGAL\CONSTRCO. UNT COLLIER COUNTY GOVER ENT TRANSPORTATION SERVICES DMSIO~ TRANSPORTATION OPERATIONS DEPARTMENT Sanuary 25, 2001 Daniel W. Foss, P~E. District Construction Engineer Florida Department of Transportation D/strict One 801 North Broadway Bartow, FL 33830 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774~8494 ' ' FAX (941) 659-5787 transportation@colliergov, net Re: Fin. Project ID: 195238-1-52-01, 195365-1-52-01 WPI No.' ' 1114009 & 1114137 State Project No.: 03010-3545, 03010-3554 SR 90 (US 41), Collier County Contract No. 19807 CorrectionofSignals and Street Lights, Collier County Dear Mr. FOsse: Enclosed, per your request, is the signed deficiency listing you provided by letter of January 19, 2001. Please have an Agreement prepared so we can submit it to the Board of County Commissioners for review, approval and authorization by the Board. If there are any questions, or if you need any additional information, please do not hesitate to contact me. Very truly yours, t'N Edward J. Kan~,/~t~/ :::sPO;oafi:~/~)~/ations DanK. irec tot Feder, AICP, Transportation Admin/strator Dale A. Bathon, P.E., Traffic Operations Manager Robert W. Tipton, P.E., Traffic Engineer File: US 41 East (Signals/Street Lights) Enclosure as stated: January 19, 2001 letter from Foss to Kant 168 3 JEB BUSH GOVERNOR January 19, 2001 Florida Department of Transportation 801 N. Broadway Bare°w, Florida 33830 Director, Collier County TranSPortation SerVices' 2705 S. Horseshoe Dr. Naples, FL 34104 Re: Fin. Project ID: 195238-1-52-01, 195365-1-52-01 WPI No.: 1114009 8:1114137 State Project No.: 03010-3545, 03010-3554 SR 90 (US 41), Collier County Contract No.: 19807 Subject: Correction of Signals and Lights; Collier County Dear Mr. Kant: On Jan. 9, 2001, an inspection was cOnducted to determine remaining discrepancies in the co~tn~..tion of traffic signals and street lights on the Subject project. Persons in attendance were: :~- ,~:~: Collier County Fla. DOT Mid-Continent Electric Mid-Continent Electric Parsons Brinekerhoff Parsons Brinckerhoff Victor philogene Steve Griffm Scott Via Glen Lowrie-Smith Jack Wall John Shaw Those items found to be deficient were as follows: 1. All street light poles need paint touched up on upper portion. 2. Street light poles have .not been numbered. 3. Street light base cover is missing in the.traffic island at Bayshore. 4. Street light base cover is broken, west of Palm Ave. 5. Two street light poles are missing at the west end of the project (damaged by vehicle impact, not replaced). 6. The southbound three-section traffic signal on Shadowlawn needs to be aligned with the through lane. ' 7.. A pull box on the northeast comer of Shadowlaw'a should be replaced due to an unstable lid. 8. Backfill is needed in back of the sidewalk and a pull box raised on the nOrthwest comer of Commercial. 9. Underpavement eOnduit is missing for the interconnect system across· US 41 at Airport Rd. Dis~ Coml~c~oa 0~ 801 North Broadway Avenue * p. O. Box 1249 · Barrow, FL 33831-1249 863-519-2222 * 863-534-0071 (Fax) www. dot.$taCe.fl.us 168 Station 76+35 LT 77+38 LT 77+55 LT 108+35 LT 109+50 LT · 110+50 LT 10. All mast arm top plates, 'end caps and handhole covers need to be installed (to be supplied by DOT).. 1 t. Sod'is·needed at'various locations on all four intersections (a oxtma " 12~ The electrical service l~om under---^---~ '~ -- ~' ,. ppr '. rely two t}allets-~ . Av. and US 41 is improper, r~,u~u to me pole on the Northwe~, .... ,,o, ,,uLncr oI ~Commercial 13. Street light on the Northwest comer of Courthouse Shadows and US 41 is out. 14. Two complete poles with lamps and luminaries are to. be provided. 15. Megger readings for ground rods have not been submitted. We are aware of several locations where additional ground rods are needed due to inadequate resistance to ground or missing rods. Other locations are undetermined due to not yet being tested. These locations are: Side ID DiscrePancY Other Deficiencies COM EaC ST. NW comer NE comer signal pull box 41 ohms loop pull box 28 ohms signal pull box 49 o/mas Iooppull box 46 ohms signal pull box 50 ohms signal pull box 32 ohms.':. 84+I0 RT 77+65 LT 78+90 LT 82+65 LT 84+05 LT 85+30 LT 88+05 LT 92+30 LT 94+90 LT 96+40 LT Ped pole pull box Untested Light Untested Light Light Light Light Light Light Light Light Light Light 97+20 LT Light NW comer, Pelton St. Pull box NE comer, Pelton St. Pull box 98+95 LT Light 100+40 LT Light 101+70 LT Light 102+70 LT Light Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested District Consmsc~on Office 801 North Broadway Avenue * p. O. Box 1249 * Barrow, FL 33831-1249 863-519-2222 * 863-534-0071 (Fax) 3 103+20 LT Light 104+50, LT Light 106+00 ~. LT Light BAYSHORE/sHADowLAWN NW comer Pull box/Light pole NE comer 2 pull boxes Pull box at WB mast arm Pul/box at north ped pole crossing 41 South ped pole crossing 41' Load center B, st~ 120+25 RT AIRPORT-PULLING RD. SE comer Pull box SE comer Ped pole Untested Untested Untested. Untested Untested Untested Untested Untested Untested Untested Untested SW comer SW comer . SW comer NE' COmer NE comer 127+75 LT 128+05 LT 130+60 RT 133+85 RT 133+50 RT 133+90 RT Pull box Untested Ped pole crossing Peters, Untested Ped pOle.crOssing.41 Untested Light .pole. 'No ground,. Pull box No ground Pull box No rod Light Untested Pull box No rod Pull box No rod Interconnect pull box No rod Interconnect pull box No rod COURTHOUSE SHADOWS/WALMART SW comer Ped pole SW comer .Light SE comer Loop pull box 'Untested Untested 48 ohms SE comer by cabinet Loop pull box 33 ohms SE comer Interconnect pull box 31 ohn~ Connect ground No duct seals District Construction Oflim 801 North Broadway Avcnue * p. O. Box 1249 * Bat'tow, FL 33831-1249 863-519-2222 * 863-$34-0071 (Fax) . As discussed, the Department is. willing to reimburse Collier County for completion'of this work..This letter~,. Once Signed by the County, will becOme the basis for the reimbUrSement cOntract. Please conf~rm that this is a complete listing of remaining items and. indicate your agreement by 'signing in the space provided below and return a copy to me. Your assistance in this matter is appreciated. Sincerely, cc: Ralph Mervine Tommy Tyner John Shaw, PBCS Inc. Daniel W. Foss, P.E. District Construction Engine.er I agree that the'abOve listing of discrepancies is accurate and erationS District Constmaioa 801 North Broadway Avenue * p. O. Box 1249 * Barrow, FL 33831-1249 863-519-2222 * 863-534-0071 (Fax)