Resolution 1996-121
MAR - 5 1996
RESOLUTION NO.
96-121
A RESOLUTION AUTHORIZING EXECUTION OF A JOINT
PROJECT AGREEMENT IIITH THE STATE DEPARTMENT OF
TRANSPORTATION OF DESIGN PLANS, CONSTRUCTION PLANS,
DESIGN CRITERIA AND SPECIFICATIONS FOR THE CR 29
TRANSPORTATION ENHANCEMENT ACTIVITIES PROJECT;
PROVIDING AN EFFECTIVE DATE,
WHEREAS, as a result of negotiations between the parties, the
County and the Florida Department of Transportation desire to
enter into an agreement providing for design plans, construction
plans, design criteria and specifications for Project
#03070-3501, lIPI #1123696; a copy of which agreement is attached
hereto as Exhibit "At! and entitled "State of Florida Department
or Transportation Joint Project Agreement."
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF
COLLIER COUNTY, FLORIDA:
1. The Board of County Commission of Collier County, Florida
has determined to enter into the attached Joint Project Agreement
and hereby authorizes and directs the Chairman of the Board of
County commissioners to execute and deliver to the State of
Florida Department of Transportation the Joint Project Agreement,
providing for design plans, construction plans, design criteria
and spscifications for Project #03070-3501, IIPI #1123696.
2. A certified copy of this Resolution be forwarded to the
State of Florida, Department of Transportation at Tallahassee,
Florida.
This Resolution adopted this ~ day of ~.rJ~~, 1996,
after motion, second and majority vote.
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AP~~oved:"~~"'to form and
legal sugiciency:
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Michael 11. Pettit
Assistant County Attorney
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. MAR - 5 199&
STATE PROJECT NO.: 03070-3501
WPI NO.: 1123696
FAP NO.: SE-1531-(2)
COUNTY: COLLIER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PROJECT AGREEMENT
This Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter ref~rred to as the "Department", and COLUER COUNTY.
hereinafter referred to as the "Local Government";
WIT N E SSE T H:
WHEREAS, pursuant to the Intermodal Surface Transportation Efficiency Act of 1991,
there is Federal funding available for certain projects in the State of Florida; and
WHEREAS, the Department has programmed such Federal funding in its Work Program
for the project described in Exhibit A attached hereto and by this reference made a part hereof
(hereinafter referred to as the "Project"); and
WHEREAS, the Local Government has not been certified as being qualified to directly
undertake said Project and has therefore requested that said Project be undertaken by the
Department, with a matching funds contribution from the Local Government;
NOW, THEREFORE, for and in consideration of the premises hereof and other mutual
benefits to accrue to each of the parties hereto, it is mutually agreed as follows:
1, The Department shall commence and complete the Project as described in Exhibit
A attached hereto and by this reference made a part hereof in accordance with the provisions of
this Agreement and in accordance with all applicable documents which form a part of the
Project.
2. The Department shall take all steps necessary to obtain Federal funds for the
Project.
3. Payment for the costs of the Project shall be made in accordance with Exhibit A,
The contribution of the Local Government shall be the stated percentage of the actual costs of
the Project; provided, however, that in the event that the Federal Government fails to contribute
an amount which is equal to the Federal Government's contribution percentage as shown on
Exhibit A, the shortfall shall be the responsibility of the Local Government and shall be added
to the Local Government's contribution. The contribution of the Local Government as shown _
in Exhibit A shall be made as follows:
(a) The Local Government agrees that it will, upon execution of this
Agreement, furnish the Department an advance deposit in the amount shown as the Local
Government's contribution in Exhibit A. The Local Government recognizes that the amounts
shown in Exhibit A are estimates of the total cost of the Project and the Local Government's
contribution and that the actual amount that shall eventually be paid by the Local Government
will be based on the Local Government's percentage contribution of the total final costs of the
Project.
(b) In the event the Local Government's contribution to the acttlal costs for
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MAR - 5 1996
the Project exceed the amount deposited as determined in accordance with subparagraph (a),
within ten (10) days of receiving such notice from the Department, the Local Government shall
make an additional deposit in the amount of the difference. The Department shall notify the
Local Government as soon as it becomes apparent that the actual costs will ovenun the deposit;
however, failure of the Department to so notify the Local Government shall not relieve the Local
Government from its obligation to pay for its full contribution on final accounting as provided
below.
(c) The Department may use the funds deposited for payment of the costs of
the Project; however, the Department shall not be obligated to separately track the use of the
deposit apart from the remainder of the funds available for the Project during the course of the
Project and the Department's obligation to account for the Local Government's final contribution
as compared to the deposit shall be limited to fmal reconciliation upon final accounting as stated
below.
(d) Payment of the funds as required above will be made directly to the
Department for deposit into the State Transportation Trust Fund.
(e) If the Project is terminated, cancelled, or indefinitely suspended the
Department shall refund any money paid by the Local Government to the Department within
ninety (90) days after a request from the Local Government for such refund, less any amount
of the money actually committed for work performed prior to the date of termination,
cancellation, or indefinite suspension. The Project shall not be deemed terminated, cancelled,
or indefinitely suspended merely because of a delay in commencing or pursuing the work
without an actual written declaration of termination, cancellation, or indefinite suspension from
the Department stating that it is intended as such.
(f) The Department shall, within one hundred eighty (180) days, following
final payment for the Project, furnish the Local Government with two (2) copies of its fmal
accounting of all costs incurred in connection with the Project. All cost records and accounts
shall be subject to audit by a representative of the Local Government within three (3) years after
final billing by the Department to the Local Government. In the event that the Local
Government's contribution to the final cost is less than the total of all deposits previously made,
the Department will refund the balance to the Local Government within forty (40) days of the
final billing. If Local Government's contribution to the final costs exceed the deposits, the Local
Government will be invoiced for the balance. Upon receipt of the final invoice, the Local
Government agrees to pay the Department the remainder owed within forty (40) days. The
parties shall pay an additional charge of I % per month on any invoice not paid or refund not
paid within the time specified in the preceding sentences until the invoice or refund is paid, In
the event it becomes necessary for either party to institute suit for the enforcement of the
provisions of this Agreement, the prevailing party shall be entitled to payment of its reasonable
attorney's fees and court costs by the other party.
4. To the extent that the Project involves the acquisition of any property or the actual -
construction of any improvements, the Local Government and the Department intend that upon
completion of the Project, the Local Government shall be responsible for and shall provide all
necessary maintenance. To the extent applicable, the Local Government shall execute a standard
Depanment maintenance agreement obligating the Local Government to perform said
roailllenance.
5. (a)
verbatim, to-wit:
Section 339. 135(6)(a) , Florida Statutes (1993),
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is incorporated herein
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MAR - 5 1998
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its tenus, 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 (1) 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. ";
(b) The State of Florida performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
6. The, Department agrees to keep complete records and accounts in order to record
complete and correct entries as to all costs, expenditures and other items incidental to the cost
of the Project.
7. This Agreement shall take effect upon being executed by the parties and shall be
terminated upon the earlier of the mutual consent of the parties or two hundred forty (240) days
after final payment for the Project; provided, however, that the Local Government's obligations
to perform maintenance shall survive any termination of this Agreement that occurs subsequent
to performing any part of the Project for which maintenance would be required.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their duly authorized officers and their official seals hereto affixed, this {S-I!J day of
MO-<( ,199.k,.
Co11 ier County
Local Government Name
STATE OF FLORIDA
DEPA ENT OF TRANSPORTATION
By: U~
ame: John C. orris 3/JJ!.v
..,,,,,, Tjtle:. 'Chainnan Board of County
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?~ ." Attest:' ~igh.t"C, Brock. C1 erk
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A.N'T, County Attorney
By:
District Secretary
District One
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Approved as to form, legality:
Distric~~
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MAR - 5 1996 ~
EXlITBIT A
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State Project No,: 03070-3501
WPI No,: 1123696
FAP No.: SE-1531-(2)
County: Collier
1. Project Description
The Project which is the subject matter of this Agreement includes all documents
ordinarily and/or necessarily associated with a project of its nature (for example, design plans,
construction plans, design criteria, specifications, etc.), which documents, whether specifically
named in this Agreement or not, are by this reference made a part of this Agreement as though
fully set forth herein. Said Project which is the subject matter of this Agreement is described
as follows:
County Road 29 paved shoulders and associated pavement marking and signing from
U,S. 41 to Everglades City
2. Project Funding
The amounts shown below are the current estimated costs of the Project. Final Project
costs may vary. Final contribution amounts will be based on actual final Project costs. In the
event that fmal Federal participation is less than the percentage shown below (please use
effective percentage rates), the shortfall shall be borne by the Local Goverrunent, Current
estimated Project costs and contributions are as follows:
~
~ Percent Amount
Federal Goverrunent 63.44 % $ 207,476*
Department 7.93 % $ 25,934* .
Local Government 28,63 % $ 93,619
Total 100,00 % $ 327,029**
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* based on allowable state and federal funding of $ 233,409
** estimated as $ 277,143 for construction and $ 49,886 for construction inspection
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