Resolution 1999-149RESOI.UTION NO. 99- ~a9
A RESOI.UTION AI;TItORIZING EXECUTION OF AN
AGREEMENT FOR %II)F. WALK CONSTRUCTION FROM
COURTIiOUSE SIb\DO\VS SttOPPING CF. NFER TO
RATTLESNAKF. tlAN1MOCK ROAD AI.ONG TIIE SOUTII
SIDE OF U,S. 41 WlTII 'FILE STATE OF FI.ORIDA
DF. PARTMENT OF TI4..\NSPORTATION AND i'i~¢)\'II)lN(;
AN F. FITECTIVF. DATI(
.4
WIIEREAS, the Collier Cnumv Board of County Commissioners fB(,C} wishes tn
provide sidewalks along both sides of all ma;or roadways v.'ithin Collier County; and
WIIEREAS, the Collier Cotmlv f/CC, after negotiation with thc State of F'lorida
Department ofTransponation (FDOT, belio.'es that il can assist in providing said sidewalks along
the south side of U.S. 41 from lhe Courthouse Shadows Shopping Center to Rattlesnake
ltammock Road; and
WHEREAS, the FDOT has agreed to provide fi~nds in the amot,nt of $460,00.0.00 ~o
pay for said sidewalk, and;
WIIEREAS, the Collier County BCC believes such an Agreement to be in the best
interest of the citizens of Collier County;
Nr)W, TI IEREFORE, be it rcs,~l,.'ed bv thc BCC of Collicr County, Florida, Ihat:
SECTION I: Thc BCC does hereby authorize its Chainvoman It-, execute an Agreement
cnlitlcd, "Agreement between thc State ~f Florida Department of Transportation and Collier
County for Sidewalk Conslmction (IJS 411 from Courthotme Shadows Ia P, attlcsnake llammock
Road", between Collier County and Ibc FDOT, agreeing to construct lhe said sidev,'alk in
exchange for a reimbursement from tile FDC)T in thc amount of $d60,Of)O.Ofk
SECTION 2: This Resolution shall ~ake effect immediately upon ils passage.
This resolution adopted after motion, second and majority vote fi~voring same this
ATTEST:
D,\VIG'I'~" Ex B~OfYK. Clerk
':~Pproved as to f6& and
legal su ffig{[n~yi
~teith F. Ashton
Assistant County Altomey
BOARD OF COUNTY COMMISSIONERS
ITEM/SE(;MENT NO: 1954001
FAP NO:
COUNTY: COIA,IER
AGREI~2X, IENT BETVqEEN TIlE
STATE OF FI,()RIDA I)EPARTMENT OF TRANSPORTATION
AND
CO IA,IF_,R COL~'TY
FOR SIDEWALK CONSTRUCTION (US41) FROM
COURTIIOUSE SIIADOWS TO RATTLESNAKE IIA,'kLMOCK ROAI)
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION. hereinafter referred to as the "DEPARTMENT" and COLLIER COUNTY.
FLORIDA. hereinafter referred to as thc "COUNTY".
W ITN ES SETH
WHF_..RF~S. the COUNTY has thc author/ty to enter into .said Agreement and to undertake
the Project hereinafter described: and
WHEREAS, said PROJECT is on fi~e State Highway System and the DEPARTMENT has
the authority, under Section 334,044. Florida Statutes, to enter into this Agree~nent: and
WHEREAS. tile DEPARTMENT will compensate the COUNTY for costs directly related
to the construction of the Project: and
WHEREAS. the COUNTY by Resolution No. 99-1,~? . dated tile 23 day of
February , 199'__, a copy of which is attached hereto and made a part hereof, has authorized
its officers to enter into this Agreement.
NOW THEREFORE. in consideration of the mutual covenants, promises and
representations contained herein, thc parties agree as follows:
1.a) The COUNTY agrees to undertake construction and construction engineering and
inspection ser,,'ices (CF.I) and tile DEPARTMENT agrees to pay for said services, as stated in
paragraph 4 herein, provided they are performed in accordance with tile terms and conditions of
this Agreement.
b) The services to be rendered by the COUNTY shall commence, subsequent to the execution
of this Agreement. upon written notice from the Project Manager or his/her designee ("Notice to
Proceed") and shall be completed within 150 calendar days from the date of said Notice. Said
Notice to Proceed shall clearly state that work is to commence after April 15. 1999 (not before).
2. The Project consists of adding 1.~ meter wide. 100 milli~netcrs thick sidewalk to the south
side of the roadway (US41) from Courthouse Shadows (M.P. 14.360) to Rattlesnake Hammock
Road (M.P. 15.851).
3. 'File DEPARTMENT must approve scope of scr,.'iccs Iprior It~ advertising bv thc
COUNTY) and the contractor selected lbr tile Project. All work to bc performed under this
Agreement to be in accordance with the requirements listed in Exhibit "A" and the plans included
as Exhibit "B". both attached hereto and Iw this reference made a pan hereof.
4. Tile DEPARTMENT agrees t~, pa) tile COUNTY. for construction and conslmction
engineering and insl~cti(m ~c~ icc,; ~CEI~ jx.'rtbrmcd under this ..\grccmcnt. thc aln()unt
HUNDRED SIXTh' THOUSAND AND N(').;100 D(')I,LARS ~546().()1)0.00).
5. The COUNTY shall periodicall> receive invoices from its contractor for work done as
de~fi~d heroin. ~e COU~' will submit the invoices and back-up documents, along with a
progress repo~ from the contractor m the DEPAR~IENT with written substantiation that thc
invoices are accurate and in accordance with the terns of this Agreement. All progress repons
accompanying invoices shall describe thc work accomplished to date and indicate the percentage
of work completed. ~e DEPAR~IENT will pay the COUNt' fi, r thc entire invoice amount
for thc actual direct ct)sis (this excludes ~encntl and administn~tivc overhead) pertaining lo thc
work. provid~ the COUNt' certifies it ;s consistent with the project budget, and is determined
to ~ in order tbr payment by thc D~AR~I~NT. Upon receipt of proper invoices as dcscribcd
in paragn~ph 9 herein, the DEPAR~IENT will remit payment m the C )UN~.
6. The COUNTY agrees to provide project .~h,Mule progress reports to tile DEPARTMENT
in the standard format used by the DEPARTMEaNT and at interx'als established by the
DEPARTMEaNT. The DEPARTMENT ~ ill be entitled at all times to be advised, at its request.
as to tile status of work being done bv thc COUNTY and of thc details thereof. Either party to
the Agreement may request and be gnm~cd a conference.
7. All tracings, plans, specification,,, maps and/or reports prepared or obtained under this
Agreement shall be considered work made for hire and shall become tile property of tile
DEPARTMEaNT without restriction or limitation on their use. Tile DEPARTMENT will have thc
right to visit the site for inspection of thc work and the drawings of tile COUNTY at any time.
8. All notices under this Agreement qmll be directed to tile following addresses:
TO DEPARTMENT:
Paul Theberge. P.E.
Project Manager
Florida Department of Transportation
Post Office Box 789
Fort Myers. Florida 33902-1178t~
TO COUNTY:
Edward J. Kant. P.E.. Director
Transportation Scrx'iccs Department
Collier County
3301 East Tamiami Trail
Naples. Florida 34112
9. {'a) Bills for fees or other compensation for scr,.'iccs or expenses shall bc submitted in
detail sufficient for a proper preaudit ami postaudit thereof.
lb) Bills for travel expenses Sl)ccifically authodz~ in this Agreement shall be submitted
and paid in accordance with Section 112.()61. Florida Statutes.
(c) The COUNTY shall allo~, l)ublic access to all documents, papers, letters
material subject to the provisions of Chapter 119. Florida Statutes. and made or received by thc
COUNTT in conjunction with this Agreement. Failure by thc COUNTY to grant such public
access shall be grounds for immediate unilateral cancellation of fids Agreement hy thc
DEPARTMENT.
(d) If this Agreement involves units of deliverables, then such units must be rccci,..cd
arid acccpted in writing by the Contract .Manager prior to payment.
(e) The DEPARTMENT agrees to pay the COUNTY for the herein described sea, ices
at a compensation as detailed in this Agreement.
Vendors (in this docmnent identified as COUNTY) providing goods and scrviccs
to the DEPARTMENT should be aware of the following time frames. Upon receipt, thc
DEPART/MEaNT has live (51 working days Io inspect and approve thc goods and scr,,'iccs, unless
tile Agreement specifies other'(se. Tile DEPARTMENT has 20 days to deliver a request for
payment Ivoucher) to the Department of Banking and Finance. The 20 days are measured from
the latter of lhe date the invoice is recei~ cfi or the goods or services arc received, inspeclcd and
approved.
(g) If a payment is not available within 40 days. a separate interest penalty at the rale
established pursuant to Section 55.03(11. Florida Statutes. per day will be due and payable, in
addition to the invoice amount, to the Vendor. Interest penalties of less than one (I) dollar will
not be enforced unless the Vendor requc.~ts payment. Invoices which have to be returned lo ;t
Vendor because of Vendor preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided lo thc
DEPARTMENT.
(h) A Vendor Ombudsman has Ix.:cn establish~ within the Department of Banking and
Finance. The duties of this indMdual include acting as an advocate for contractors/ventlors who
may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 4.~X-2924 or by calling the State Comptroller's Hell(nc.
1-800-848-3792.
Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the DEPART3. IENT at all times during tile period of this
Agreement and for three years after final payment is made. Copies of these documents and
records shall be furnished lo the DEPARTMF~NT upon request. Re'cords of costs incurred include
the contractor general accounting records and the project records, together with supporting
documents and records, of the contractor and all subcontractor(s) performing work on tile project,
and all other records of the contractor and subContractorfs) considered necessary bv
DEPARTMENT for a proper audit of
(il The DEPARTMENT. durin,,= any. fiscal .year. shall not expend re(racy, incur any
liability, or enter into any contract which, by its terms, involves thc expenditure of money
excess of thc amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or whiten, made in violation of this subsection is null and void. and no money
may be paid on such contract. Thc DEPARt,lENT shall require a statement from
Compwollcr of the DEPAR~IENT fl~a~ funds are available prior ~o entering imo any such
contract or other binding commitment ~f funds. Nothing herein contained shall prevent thc
m~ing of contracts for periods exceedin~ one year. but any contract so made shall be executory
only for the value of the sca'ices t(~ I)c rendered or agreed to be paid for in succeeding fiscal
yea~. Accordingly. thc State of Florida's pc~'onnance and obligation ~o pay under this Cent
is contingent upon an annual appropriati,m by thc ~gislaturc.
No funds received pursuant to this Agreement may be expended for lobbying thc
Legislature or a state agency.
(I) The COUNTY shall not sublet, assign or transfer any work t,nder this Agrccmcm
without the prior written consent of the DEPARTMENT.
(m) The DEPARTMEaNT shall not be obligated or liable hereunder to any party other
than the COUN'I'W.
(n) In no event shall the making by the DEPARTMENT of any payment to thc
COUNTY constitute or be construed ;ts a waiver by tl~e DEPAR~IENT of any breach of
covenant or any default which may then exist, on the pan of the COUNt. and the making of
such payment by the D~AR~I~ ~'hilc any such b~ch or dcthult shall exist shall in no way
i~npair or prQudice an'/ right or remcdx available to the DEPARTMENT with respect to such
breach or default.
(o.~ A person or affiliate who has been placed on thc convicted vendor list fell(re'lng
a conviction for a public entity chine may m)t submit a bid on a contract to t)rovid¢ any goods or
services to a public entity, may not subn~it a bid on a contract with a public entity for thc
construction or repair of a public building t~r public work. may not submit bids on leases of real
property to a punic entity, may not bc awarded or perform work as a contractor, supplier.
su[x:ontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the thrcq~old amount provided in s.287.017 for CATEGORY
TWO for a period of 36 months from thc date of being placed on the convicted vendor Iisi.
(p) Unless othem'isc specitically stateA herein, this Agreement shall t)c governed by
and constnmd in accordance with the laws of the State of Florida. Venue of any judicial
proceedings arising out of the Agreemenl shall be in Leon County. Florida.
Iq) The COUNTY shall carD., and keep itl force, during the period of this Agreement,
insurance policy(les) to protect tile DEPARTMENT as required by Section 7-12 and 7-13.
Standard Specifications for Road anti Bridge Construction 1999. as amended.
(r) Tile 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. ~x. national origin. (~r physical disability in the performance of work umlcr
this Contract.
10. a) ~is Agreement may be canceled in whole or in pan any time thc interest of lilt
DEPAR~IENT requires such temfination. ~le DEPARt,lENT rcsc~.'cs thc
right to seek lcnninatitm t~r cancellation of this Agr~mcnt in thc event thc
COUNTY shall be placc(I in either volunta~' or involunta~ bankmplcy. Thc
DEPARTMENT fu~hcr rcse~'cs the right to tcm~inale or cancel this Agreement
in the event an assignmem be made for the benefit of creditors.
b)
If the DEPARTMENT determines that the perft~nnancc of the COUNTY is not
satisfactory, the DEPARTMENT shall have tile option of (i) immediately
terminating tile Agreement. tlr (ii) notifying tile COUNTY of the deficiency wilh
a requirement that the deficiency be corrected within a specified time. ~ther,.visc
the Agreement will be terminated at thc end of such time. or (iii) take whatever
action is deemed appropriam by the DEPARTMENT.
c)
If tile DEPARTMENT requires termination of the Agreement for reasons (~thcr
than unsatisfactory performance of the COUNTY. tile DEPARTMENT shall notify
the COUNTY of such termination..with instructions as 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 pefft)nnancc is completed, thc C(')UNTY
shall be paid only for that work satisfactorily performed for which costs can bc
substantiated. Such payment, h()wcver, may not exceed an amount which isthc
same percentage of thc c,mtract price as the amount of work satisfactorily
complet~ is a ~Kenmge {~I' the total work call~ for by this Agreement. All work
in progress will become thc property of the DEPAR~IENT and will be turned
over promptly by the COUNt.
I 1. If any part of this Agreement shall I-,c determinext to be invalid or unenforceable by a court
of competent jurisdiction or by any other legally constituted body having tile jurisdiction to make
such detemlination, the remainder of this ..\?cement shall remain in full force and effect provided
that the part of this Agreement thus invalidated or declared unenforceable is not material to thc
intended operation of this Agreement.
12. a) 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 ali suits, actions, claims, demands, liabilities of any nature whatsoever
arising {)tit of. because of. or due to breach of thi~ Agreement by the COUNTY, its officers.
agents, employees or subcontractors or title to any'!t+negligent act or occurrence of omission or
commission of the COUNTY. its officers, agents, e,nployccs or subcontractors. Neither
COUNTY nor any of its officers, agents, employees or subcontractors will be liable under this
.%"ctk)n for the negligence of the DEPARTMEN'T or any of its officers, agents or employccs. The
parties agree that 1~ of tile total ct,mpensation to the COUNTY for pcrf{mnancc of this
Agreement is the specific considerati~m frmn thc DEPARTMENT to the COUNTY fi~r thc
COL~'TY' s i ndem nity agreement.
b) The COUNTY agrees to include
contn~ctors/subcontractors who peffonn work
"The contractor shall indemnify. (lcfend.
all of its officers, agents or emph~yees
tile following indemnification in all contn~cts with
in connection with this Agreement:
save and hold harmless the DEPARTMENT and
fro~h all suits, actions, claims, demands, liability
of any nature whatsoever arising out of. because of, or duc to any negligent act or
occurn2nce 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 for damages arising out of injury or damage to persons or property directly caused
or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents
or employees."
13. This Agreement shall continue in effect and be binding on the parties until tile Project is
completed, final costs are known, the DEPARTMENT has given the COUNTY written notice of
final acceptance and all legislatively appropriated payments, if approved, are made by thc
DEPARTMENT.
14. Ti~is document incorporates and includes all prior negotiations, correspondence.
conversations, agreements, or understandings applicable to the matters contained herein, and thc
panics agree that them are no commitments, agreements or understandings concerning thc subject
matter of this Agreement that are not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall Ix: pp, xlicat~ upon any prior representation or agreements
whether oral or written. It is further agreed that no modification, amendment or altenttion in thc
terms or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
6
IN WITNESS WHEREOF the C()UNTY has caus~ this Agreement to be executed in its
behalf this ~day of---:.¢f'z.J..,.-> ..... ..%,/,.- , 1999, by the Chairperson of the Board of
Commissioners, authorized to enter into and execute same by Resolution Number
ofthe Board on the.~,.,a,'~tday of ~,..~ , 19~}iand the DEPARTMENT has executed
Agreeme~ nt through its District Secretary i"or Distric[IDne, Florida Department of Transportation,
this day of :/ , 1099,
BOARD OF COUNTY COMMISSIONERS
COLLIF_.R COUNTY. FLORIDA
CHAIRPERSON
ATTEST:
DWIGHT E. BROCK. CLERK
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
DISTRICT SECRETARY
ATTFZT:
By:. ?5.¢4Seal)
Approved as ~o form and
legalsuffictency:
~L- ~ ' .~.t
Thomas ,'C'~ Pa~r,m~
Assistant Collier Count7 Attozne3'
By: (Seal)
?i: EXECUTIVE SECRETARY
Approved
Approved as to Form and Legality:
/ //'
By: '
DISTRICT LEGAL COUNSEL
H: US£R$ LG150RL WHC' L£GAL',AGRE£3.IE.N.COL
EXHIBIT "A"
All proposals, plans, specifications, environmental permits, acquisition, construction.
reconstruction or improvement of facilities or equipment within or connecting to State Owned
Right of Way shall comply with the follmving: '~i
Section 287.1/55. F. S. Consul :t,s ComPetitive Negotiations Act".
b! FDOT "Project Development ;mtt Environment Manual"
applicable.
Section 404 of the Clean Water .-\ct, Wetlands Permitting Program (U.S.A.C.O.E.).
Rule Chapter 62-312 FAC. Drcd,.2e and Fil[Activities (DEP).
Rule Chapter 40D-4 and 40D-40. Sufface~Water Managmnent (S.W.F.W.M.D.). as
f) Rule Chapter 4(1E-4 and 41/E4t}. Surface Water Management {S.F.W.M.D.I, as
applicable,
g) A policy on Geometric Design of Highways and Streets (AASHTO) 1990, as amended.
h) Manual of Uniform Minimum Standards for,Design, Construction and Maintenance for
Streets and Highways. State of Florida. 1(~94 Edition, "Green Book".
i) Roadway and Traffic Design Standards for Design. Constn,ction. Maintenance and Utility
Operations for Streets and Highways on .State Maintained Systems. 1994. as amended.
j) Florida Department of Transportation Roadway Plans Preparation Manual (2 Volumcs).
1989. as amended.
k) Manual on Uniform Traffic Control Devices, 1988 Edition.
11 Florida Depamnent of Transportation Standard Specifications for Road and Bridge
Construction, 1991, as amended.
m} Structures Standard Drawings. FD¢)T. 1996 Edition.
n) Florida Department of Transportation Structures Design Guidelines. 1987, as a,nended.
o) Rule Chapter 14-96. Florida Administrative Code (FAC). State Highway System
Connection Permits, Administrative Process and Rule Chapter 14-97 FAC, State Highway System
Access Management Classification System and Standards.
p) Rule Chapter 14-86 FAC. Drainage Connections.
q)
State of Florida Depamnent of Transportation Drainage Manual. 1996. as amended.
r) Minimum Specifications for Traffic Control Signals and Devices. 1994.
s) Florida Statutes regulating acquisition of~i'ig~t-of-way for tnmsport:mon
including, but not limited to Chapters 73. 74. 287. 336, 337. 339 F. S.
fitcilitics.
t) Title 23. Code of F~eml Regulati~ms. Chapter 1. Subchapter A. Part I. Section 1.23 and
Subchapter H. Part 710. Subpans B. C. & D.
[ZHIBIT "B"
0~1 ;:'~.E AT TIlE CLERK TO THE BOARD OFFICE
H :\US£R$; LG I $OIIL~ WHC',LEGA L'~ ID( HIB"/. rm"qG
2
ITEM/SEGMF_aNT NO: 1954001
FAP NO:
· i~i COUNTY: COLLIER
AGREEaMENT BETWEEN TilE
STATE OF FLORIDA DEPART3,.EFfqT OF TRA.NSPORTATION
COI.LIER COUNTY
FOR SIDEWALK CONSTRUCTION Cc'S41) FROM
COL'RTItOUSE StlAI)OWS TO Ra'kTTLESNAKE ItAMLMOCK ROAD
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION. hereinafter referreA to ,'ts the "DEPAR'IMF_.NT" and COl.! JER COUNTY.
FLORIDA. hereinafter referred to as thc "COUNTY".
WITNESSETH
WHEtLEAS. the COU~'TY has thc authority to enter into .,;aid Agreement and to undertake
the Project hereinafter described; and
WHF. REAS, said 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 DEPARTMEIx~ will compensate the COUNTY for costs directly related
to the construction of the Project; and
WHEREAS. the COU?',rlW' by Res()lution No. 99-1/-,9 dated the 25 day of
?ebruar~t, 199 2.., a copy of which is attached hereto and made a part hereof, has authorized
its officers to enter into this Agreement.
NOW THEREFORE. in consideration of the mutual covenants, promises and
representations contained herein, the panics agree as follows:
l.a) The COUNTY agrees to undertake construction and construction engineering and
inspection services (CEI) and the DEPARTMENT agrees to pay for said services, as stated in
paragraph 4 herein, provided they are performed in accordance with the terms and conditions of
this Agreement.
b) The services to be rendered by the COUNTY shall commence, subsequent to the execution
of this Agreement, upon written notice from the Project Manager or his/her designee ("Notice to
Proceed") and shall be completed within 150 calendar days frown the date of said Notice. Said
Notice to Proc~t shall clearly state that work is to commence after April 15, 1999 (not before).
2. The Project consists of adding 1.8 meter wide, 100 millimeters thick sidewalk to the south
side of the roadway (US41) from Courthouse Shadows (M.P. 14.360) to Rattlesnake Hammock
Road (M.P. 15.851).
81t
3. The DEPARTMEaNT must approve scope of services (prior to advertising by the
COUNTYI and the contractor selected for the Project. All work to be performed under this
Agreement to be in accordance with the requirements listed in Exhibit "A' and the plans included
as Exhibit "B". both attached hereto and bv this reference made a part hereof.
4. The DEPARTMENT agrees to pay the cOuNTY, for construction and construction
engineering and inspection services ('CEh performed under this Agreement. the amount of FOUR
HUNDRED THIRTY TWO THOUSAND AND NO/100 DOLLARS ($432.000.00).
5. Tile COUNTY shall periodically receive invoices from its contractor for work done as
described herein. The COUNTY will submit the invOices and back-up documents, along with a
progress report from the contractor to the DEPARTMENT with written substantiation that the
invoices are accurate and in accordance with the terms of this Agreement. All progress repons
acco~npanying invoices shall describe the work accomplished to date and indicate the percentage
of work completed. The DEPARTMENT wall paY. t.~e COUNTY for the ennre ~nv(nce amount
for thc actual direct costs (this excludes general and administrative overhead) pertaining to thc
work. provided the COUNTY certifies it is consistent with the project budget, and is determined
to be in order for payment by the DEPARTMENT. Upon receipt of proper invoices as described
in paragraph 9 herein, thc DEPARTMENT will remit payment to the COUNTY.
6. The COUNTY agrees to provide project schedule progress reports to the DEPARTMENT
in the standard format used by the DEPARTIVlENT and at intervals established by the
DEPARTMENT. The DEPARTMF__NT will be entitled at all times to be advised, at its request.
as to tile status of work being done by thc COUNTY and of the details thereof. Either party to
the Agreement may request and be granted a conference.
7. All tracings, plans, specifications, maps and/or repons prepared or obtained t, ndcr this
Agreement shall be considered work made for hire and shall become the property of the
DEPARTMEaNT without restriction or limitation on their use. The DEPARTMENT will have the
right to visit the site for inspection of the work and the drawings of the COUNTY at any time.
8. Ali notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
Paul Theberge. P.E.
Project Manager
Florida Department of Transportation
Post Office Box 789
Fort Myers. Florida 33902-0789
TO C()U.'NTY:
Edward J. Kant. P.E.. Director
Transportation Se~'iccs Department
Collier County
3301 East Tamiami Trail
Naples. Florida 34112
9. fa) Bills for fees or other compensation for services or expenses shall be sub~niued in
detail sufficient for a proper preaudit and postaudit thereof.
2
(b) Bills for travel expenses specifically authorized in this Agreement shall be submitted
and paid in accordance with Section 112.061. Florida Statutes.
(c) 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
COU~'TY 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.
(d) If this Agreement involves units of deliverables, then sucli units must be received
and accepted in writing by the Contract ,Manager prior to payment.
(e) The DEPARTMENT agrees to pay the COUNTY for tile herein described services
at a compensation as detailed in this Agreement.
(f) Vendors (in this docmnent identified as COUNt") providing goods and services
to the DEPARTMENT should be aware of the following time frames. Upon receipt, thc
DEPAR'I3, IEN'T has five f5) working days to inspect and approve the goods and services, tmlc:4s
the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request
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.
(g) If a payment is not available within 40 days, a separate interest penalty at the rate
established pursuant to Section 55.03(I}. Florida Statutes. per day will be due and payable, in
addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar will
not be enforced unless the Vendor requests payment. Invoices which have to be returned to a
Vendor tx:cause of Vendor 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.
('h) A Vendor Ombudsman has t>,:en established within the Department of Banking and
Finance. 1'tie duties of this individual include acting as an advocate for contractors/vendors wilt)
may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850') 48~~2924 or by calling tile State Comptroller's Hotlinc.
1-800-848-3792.
(i) Records of costs incurred under terms of this Agreement shall be ~naintained 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 include
the contractor general accounting records and the project records, together with supporting
documents and records, of the contractor and all subcontractor(s) performing work on the project.
DEPARTMENT for a proper audit of costs.
il) The DEPARTMENT. during any fiscal year. shall not expend money, incur any
lJabilitv, or enter into any contract which, by its terms, involves tile expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year. An)'
contract, verbal or written, made in violation of this subsection is null and void. and no money
ma,,' be paid on such contract. Tile DEPARTMENT shall require a statement from thc
Co~nptroller of the DEPARTMENT that funds are available prior to entering into any such
contract or other binding commitment of funds. ~othing herein contained shall prevent the
makin~ of contracts for periods exceeding one year, but any contract so made shall be executory
only f~r 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.
Ik) No funds received pursuant to this Agreement may be expended for lobbying
Legislature or a state agency.
(1) The COUNTY shall not sublet, assign or transfer any work under this Agreement
without the prior written consent of the DEPARTMENT.
(m} The DEl'ARTMENT shall mit be obligated tlr liable hereunder to any party other
than tile COUNTY'.
(ny In no event shall tile making by tile DEPARTMENT of any payment to thc
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 part of the COUNTY, and the making of
such payment by the DEPARTIX~ while any such breach or default shall exist shall in no way
impair or prejtidice any fight or remedy available to the DEPARTMF_,NT with respect to such
breach or default.
lo) A person or affiliate who has been placed on thc convicted vendor list following
a con, lotion 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 bc 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 s.287.017 for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
(p) Unless otherwise specifically' stated herein, this Agreement shall be governed by'
and construed in accordance with thc laws of the State of Flofida. Venue of any judicial
proceedings arising out of the Agreement shall be in Leon County. Florida.
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(cO The COUNTY shall carry, and keep in force, during the period of this Agreement.
insurance policy(ies) to protect the D -EPARTMENT as required by Section 7-12 and 7-13,
Standard Specifications for Road and Bridge Const~Ction 1999, as amended.
(r) 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. national origin, tlr physical disability in thc performance of work under
this Contract.
10. a)
This Agreement may be canceled in whole or in part any time the interest of tile
DEPARTMENT requires such termination. The DEPARTMENT 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 assignment be made for the benefit of creditors.
b)
If the DEPARTMENT determines that the performance of the COUNTY is not
satisfactory, the DEPARTMENT shall have the option of (i) immediately
terminating the Agreement. or (ii) notifying the COUNTY of the deficiency with
a requirement that the deficiency be ¢~rrected within a specified time, otherwise
the Agreement will be terminated at [fie end of such time, or (iii) take whatever
action is deemed appropriate by the DEPARTMENT.
c)
If the DEPARTMENT requires termination of the Agreement for reasons other
than unsatisfactor2,.' performance of the COUNTY, the DEPARTMENT shall notify
the COUNTY of such termination, with instructions as to the effective date of
termination or specify thc stage of work at which the Agreement is to be
terminated.
d)
If the Agreement is terminated before performance is completed, tile COUNTY
shall be paid only for that work satisfactorily performed for which costs can bc
substantiated. Such payment, however, may not exceed an amount which is thc
same percentage of the ctmtract price :ts thc amount of work satisfactorily
completed is a percentage tff the total work called for by this Agreement. Ail work
in progress will become thc property of the DEPARTMF~NT and will be turned
over promptly by the COUNTY.
11. If any part of this Agreement shall lye determined to be invalid or unenforceable by a court
of co~npetent jurisdiction or by any other legally constituted body having the jurisdiction to make
such determination, the remainder of this Agreement shall re~nain in full force and effect provided
that the part of this Agreement thus invalidated or declared unenforceable is not material to thc
intended operation of this Agreement.
12. a) 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 thc COUNTY, its officers.
agents, employees or subcontractors or due to any negligent act or occurrence of omission or
commission of the COUNTY. its officers, agents, employees or subcontractors. Neither
COUNTY nor any of its officers, agents, employees or subcontractors will be liable under this
section for the negligence of the DEPARTMENT or any of its officers, agents or employees. The
parties agree that I% of the total compensation ~to the COUNTY for performance or' this
Agreement is the specific consideration from the DEPARTMENT to the COUNTY for the
COUNTY's indemnity agreement.
b) The COUNTY agpaes 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, i~s officers, agents or employees.
Neither the contractor, nor an.,,' of its officers, agents or employees will be liable under this
section for damages arising out of injury or damage to persons or property directly caused
or resulting from the sole negligence of the DEPARTMENT or any of its officers, agcnls
or employees."
13. This Agreement shall continue in effect and be binding on the parties until tile Project is
completed, final costs are known, the D -EP.,\RTM. ENT has given the COUNTY written notice of
final acceptance and all legislatively appropriated payments, if approved, are made by tile
DEPARTM Ea\W.
14. This document incorporates and includes all prior negotiations, correspondence.
conversations, agreements, or understandings applicable to the matters contained herein, and thc
parties agree that there are no commitments, agreements or understandings concerning tile subject
manet of this Agreement that are not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall bc pny, ticated upon any prior representation or agreements
whether oral or written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
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IN wrI'NF_~S WHEREOF the COUNTY this Agreement to be executed in its
behalf th~s ~,,3./,~-.-' day of~..~.-.ej-,~-~. ?;I999, by the Chairperson of the Board of
Commissioners. authorized to enter into and'execUte same by Resolution Number
of the Board on they of ...:/~'--~ , 1999, and the DEPARTMENT has executed this
Agreement through its District Secretary for District One. Florida Department of Transportation.
this day of , 1999.
BOARD OF COUNTY COM3,~SIONERS
COLLIER COUNTY. ,KLORIDA' '
By: / -/ ~
CHAIRPERSON
STATE O F FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
DISTRICT SECRETARY
By: (Seal)
EXECUTIVE SECRETARY
Approved as to form and
legal s~ff~cie~:[
Thomas C. Palmer
Assistant Collier County Attorne;,'
Approved
By:
PROJECT MANAGER
2
Approved as to Form and Legality:
By:
DISTRICT LEGAL COUNSEL
H:\USER$ LG150RL',WHC LEGAL',,AGREEME.N COl.
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EXHIBIT "A"
Ail proposals, plans, specifications, environmental permits, acquisition, construction.
reconstruction or improvement of faciliiies or equipment within or connecting to, State (.)wned
Right of Way ,;half comply with thu following:
a)
b)
c)
d)
Section 287.055. F. S. "Consultants' Competitive Negotiations Act".
FDOT "Project Development and Environment Manual".
Section 404 of the Clean Water Act, Wetlands Permitting Program (U.S.A.C.O.E.).
Rule Chapter 62-312 FAC. Dredge and Fill Activities (DF.P).
e) Rule Chapter 40D-4 and 40D-40, Surface Water Management (S.W.F.W.M.D.), as
applicable.
f) Rule Chapter 40E-4 and 40E-40, Surface Water Management (S.F.W.M.D.). as
applicable.
g) A policy on Geotnetric Design of Highways and Streets (AASHTO) 1990. as amended.
h) Manual of Uniform Minimum Standards for Design, Construction and Maintenance for
Streets and Highways, State of Florida. 1994 Edition, "Green Book".
i) Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility
Operations for Streets and Highways on State Maintained Systems, 1994, as amended.
j) Florida Depamnent of Transportation Roadway Plans Preparation Manual (2 Volumes).
1989. as amended.
k) Manual on Uniform Traffic Control Devices. 1988 Edition.
1) Florida Department of Transportation Standard Specifications for Road and Bridge
Construction. 1991, as amended.
m) Structures Standard Drawings. FDOT. 1996 Edition.
n) Florida Department of Transpoaation Structures Design Guidelines, 1987, as amended.
o) Rule Chapter 14-96, Florida Administrative Code (FAC), State Highway System
Connection Pemfits, Administrative Process and Rule Chapter 14-97 FAC, State Highway Systc~n
Access Management Classification System and Standards.
p)
q)
Rule Chapter 14-86 FAC, Drainage Connections.
State of Florida Department of Transportation Drainage Manual. 1996, as amended.
r) Minimum Specifications for Traffic Control Signals and Devices. 1994.
s) Florida Statutes regulating acquisition of right-of-way for transportation facilities.
including, but not limited to Chapters 73, 74, 287, 336, 337, 339 F. S.
t) Tide 23, Code of Federal Regulations. Chap!er 1, Subchapter A, Part I, Section 1.23 and
Subchapter H. Part 710. Subparts B. C. & D. ,:':~:,
H:~USERS LGISORL'WHC" LEGAL F. XHIB2.ENG
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