Resolution 1996-496
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RESOLUTION NO. 96-496
A RESOLUTION AUTIIORlZING EXECUTION OF A JOINT
PROJECT AGREEMENT WITH THE STATE DEPARTMENT
OF TRANSPORTATION PROVIDING FOR A FEASIBILITY
STUDY OF A COMPUTERIZED TRAFFIC SIGNAL SYSTEM.
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 a feasibility study
for Project #03000-1502, WPI #1 114174; a copy of which agreement is attached hereto as
Exhibit "A" and entitled "State of Florida Department of Transportation Joint Project
Agreement. ..
NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
I. The Board ofCounly Commissioners of Collier County, Florida has determined to
enter into the attached Joint Project Agreement and hereby authorizes and directs the Chairman of
rhe Board of County Commissioners to execute and deliver to the State of Florida Department of
Transportation the Joint Project Agreement, providing for a feasibility study for Project #03000-
1502, WPI #11 14174.
2. A certified copy of this Resolution vvill be forwarded to the State of Florida
Department of Transportation at Tallahassee, Florida.
This Resolution adopted this ~ day of :?1~ . 1996, afier motion,
second and majority vote.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
BY~~
? N C. RR S, Chairman
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Approved as to form and
legal sufficiency:
JJ,d, Ji(l/L\.
Heidi Ashton
Assistant County Attorney
NOV - 5 1996
STATE PROJECT NO:
W.P.I. NO:
F.A.P, NO:
COUNTY:
03000-1502
1114174
Ac:xu888{474)
COLLIER
JOINT PROJECT AGREEMENT
BETWEEN TIlE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
FOR FEASmn..ITY STUDY OF COMPUTERIZED
TRAFFIC SIGNAL SYSTEM
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTh1ENT" and COLLIER COUNTY,
hereinafter referred to as the "COUNTY"
WITNESSETH
WHEREAS, the DEPARTMENT is prepared, ill accordance with its Five Year Work
Program to fund the Collier County/City of Naples feasibility study of a computerized traffic
signal system in fiscal year 1997/98 (State Projecl Number 03000-1502) under W.P.I. Number
1] 14174, hereinafter also referred to as the "PROJECT"; and
WHEREAS, the DEPARTMENT is willing to advance the PROJECT to fiscal year
1996/97 and the COUNTY is willing to advance the funds for said PROJECT in accordance with
Section 339.12, Florida Statutes; and
WHEREAS, the COUNTY, by Resolution dated the ~day of ;z!"remW-, 1996, a
certified copy of which is attached hereto and made a part hereof. has authorized the Chainnan
of its Board of Commissioners to enter into this Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived from joint
participation in this Agreement, the parties agree as follows:
1. The DEPARTMENT, after receiving funds from the COUNTY will obtain consultant
services, in accordance with Section 287.055, Florida Statutes, for the Collier County/City of
Naples feasibility study of a computerized traffic signal system.
2. The objectives of said feasibility study are:
a) To determine the feasibility of installing a computerized signal system in Collier
County and the feasibility of upgrading, enhancing or replacing the existing "TCr closed
HOY - 5 l~
loop computerized signal system in the City of Naples. There are ninety (90) existing
signals currently being maintained by Collier County and twenty eight (28) signals in the
existing "TCT" closed loop system [out of a total of fifty (50) signals] that are currently
maintained by the City of Naples. All of the existing, flashing beacon, emergency and
future signals shall be included in the study. The Consultant should assume an additional
twenty (20) future signals will be added to the study.
b) To evaluate the existing systems, provide recommendations for upgrading.
enhancing, or replacing the existing systems, implementing new state-of-the-art system
concepts such as closed loop, hybrid, etc., and recommend the projected ten (10) year
traffic signal and operating requirements to include future control room, staff and
maintenance requirements. As part of this evaluation, the study shall detennine and
outline the design requirements for the future design phase including the development of
the Scope of Services for the design phase.
3. a) The COUNTY agrees thaI it will, upon execution of this Agreement, furnish the
DEPARTMENT an advance deposit in tlle amount ofT\\'O HUNDRED SEVENTY-FIVE
THOUSAND AND NO/loo DOLLARS ($275,000.00). Said deposit represents the total
estimated PROJECT cost. If the accepted bid amount is in excess of the deposit amount,
the COUNTY will provide an additional deposit within fourteen (14) calendar days or
prior to posting the bid, whichever is earlier, so that the total deposit is equal to the bid
amount. The DEPARTMENT may utilize this deposit for payment of the PROJECT.
b) The advance payment(s) shall be made to the Florida Departmen: of Transportation
and mailed to:
Florida Department of Transportation
Office of the Comptroller (M.S. 24)
605 Suwannee Street
Tallahassee. FL 32399-0450
Attention: JPA Coordinator
Failure of the COUNTI' to make said payment(s) within the time frame specified above
shall be grounds for termination of this Agreement.
c) Both parties further agree that in the event final billing pursuant to the terms of this
Agreement is less than the advance deposit, a refund of an excess will be made by the
DEPARTMENT to the COUNTY; and that in the event said final billing is greater than
the advance deposit, the COUNTY will pay the additional amount within forty (40) days
from the date of the invoice.
4. a) The DEPARTMENT agrees to reimburse the COUNTY in accordance with Section
339.12, Florida Statutes and totally subject to legislative approval and appropriation, in
an amount not to exceed the advance(s) made by the COUNTY for consultant services
directly related to the PROJECT.
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NOV - 5 ~
b) 1l1e DEPARTMENT agrees to make repayment of the advance from the COUNTY
In a lump sum payment at the end of the fi,cal year (1997/98) the PROJECT was
originally programmed in the DEPARTMENT's adopted work program.
5. TIle DEPARTMENT and the COUNTY recognize that the exact cost of consultant scrvices
for tile PROJECT arc not known at this time, the parties recognize that adjustments to the above-
referenced costs may be required in the future and that at the option of the parties. amencJments
may be entered into to revise the funds available to the COUNTY for reimbursement. Tile
COUNTY agrees to advance reasonable additional funds, as requested by the DEPARTMENT.
to provide the necessary funding with which to complete lhe PROJECT. Said requcst to be in
writing and the additional costs to be substantiated by the DEPARTMENT.
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6. The DEPARTMENT agrees to provide project schedule progress reports to the COUNTY
in the standard format used by the DEPARTMENT and at intervals established by the
DEPARTMENT. 1l1e COUNTY will be entitled at all times to be advised, at its request, as to
the status of work being done by the DEPARTMENT and of the details thereof. Either party to
the Agreement may request and be granted a conference.
7. All tracings, plans, 3pecifications, maps and/or reports prepared or obtained under this
Agreement shall be considered worV made for hire and shall become the property of the
DEPARTMENT without restriction or limitation on their use.
8. a) TIle DEPARTMENT agrees to pay the COUNTY for the herein described services
at a compensation as detailed in this Agreement.
b) Payment shall be made only after receipt and approval of goods and services unless
advance payments are autilorized by lite Slate Comptroller under Section 21 5.422( I 4).
Florida Statutes.
c) If lhis Contract involves units of deliverables, then such units must be received and
accepted in writing by the Contract Manager prior to payments.
d) Any penally for delay in payment shall be in accordance with Section
215,422(3)(b), Florida Statutes.
e) Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
f) 3i!ls for travel expense., specifically authorized in this Agreement silall be
submitted and paid in accordance with Section 112.061, Florida Statutes.
g) Contractors providing goods and services to the DEPARTMENT should be a ware
of the following time frames. Upon receipt the DEPARTMENT has five (5) working days
10 inspect and approve the goods and services, unless the Agreement specifies otherwise.
The DEPARTMENT ilas 20 days to deliver a request for paymenl (voucher) to the
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NOV - 5 1996
Depanmcnt of Banking and Finance. TIle 20 days are mcasured from the latter of the datc
the invoice is received or the goods or services are received, inspected and approved.
h) If payment is not available within 40 days, a separate interest penalty in accordance
with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Contractor. Interest penalties of less than one (1) dollar will not
be enforced unless the Contractor requests payment. Invoices which have to be returned
to a Contractor because of Contractor 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.
i) A Vendor Ombudsman has been cstablished within the Department of Banking and
Finance. The duties of this individual include acting as an advocate for
contractors/vendors who may be experiencing problems in obtaining timely paymenl(s)
from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or hy
calling the State Comptroller's Hotline, 1-800-848-3792.
j) The DEPARTMENT agrees to keep complete records and amounts in order to
record complete and correct entries as to all costs, expenditures and other items incidental
to this PROJECT. Said records will be made available, upon request to the
DEPARTMENT, during the tenn of this Agreement and for three (3) years after final
payment is made.
k) TIle 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 DEPAR1MENT 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.
9. The DEPAR1MENT shall not be obligated or liable hereunder to any party other than the
COUNTY.
10. 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 part 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.
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NOY - 5 199B
II. Unless otherwise specifically stated herein, this Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
12. All notices under this Agreement shall be directed to the following:
FDOT COLUER COUNTY
Traffic Operations Engi:1eer Director- Transportation Services
P.O. Box 1249 3301 East Tamiami Trail
B'lrtow, FL 33831-12<9 Naples, FL ~J96r 3'///,)..
13. If any part of this Agreement shall be determined to be invalid or unenforceable by a coun
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 lhe
intended operation of this Agreement.
14. To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees
to indemnify, defend, save and hold hannless 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 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 sole
negligence of the DEPARTMENT or any of its officers, agents or employees.
15. This Agreement shall continue in effect and be binding on the parties until the PROJECT
is completed, fInal costs are known and legislatively appropriated reimbursements, if approved.
are made by the DEPARTMENT.
16. This document incorporates and includes all prior negolJalJons, correspondence.
conversations, agreements, or understandings applicable to the matters contained herein, and the
panies agree that there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any prior representation or agreements
whether oral or written. It is further agreed that no modification. amendment or alteration in lhe
tenns or conditions contained herein shall be effective unless contained in a written document
executed with the same fonnality and of equal dignity herewith.
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NOY - 5 1996
IN WITNESS WHEREOF the COUNTY has caused this Joint Project Agreement to be
executed in its behalf this day of , 1996, by the Chainnan of the Board
of Commissioners, authorized to enter into and execute same by Resolution Number 1b -
tftJ(, of the Board on the ~ day of /,/or'Pmh<<- ,1996, and the DEPARTMENT has
executed this Joint Project Agreement through its District Secretary for District One, Florida
Department of Transportation, this _ day of , 1996.
COWER COUNTY, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
DISTRICT SECRETARY
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i.A TTEST: . " "
., 'DWIGHT E-,,~_.8ROGj(;:, CLERK
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"'..,. 'COUNTY CLERK
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ATTEST:
By:
EXECUTTVESECRETARY
(Seal)
Approved as to form and
legal sufficiency:
Approved as to fonn and legality:
By:
OUNTY ATTORNEY
By:
DISTRICT LEGAL COUNSEL
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H ,IUS ERSILG 1 SORL I WHCILEGAL liP A-COL. TSS
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