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HomeMy WebLinkAbout2002-061 RESOLUTION NO. 2002- 061 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING A JOINT PARTICIPATION AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION WHEREAS,it is a policy of the State of Florida to construct and make improvements to the state transportation system in a cooperative partnership; and WHEREAS,such partnership shall be encouraged through the joint funding of projects that improve traffic flow and reduce congestion on the State Highway System; and WHEREAS, the Board of County Commissioners of Indian River County wishes to authorize the Chairman of the Commission to enter into a Joint Participation Agreement with the State of Florida Department of Transportation(FDOT) on behalf of the Commission, NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners of Indian River County,Florida hereby authorize the Chairman of the Commission to enter into a Joint Participation Agreement with the State of Florida Department of Transportation (FDOT) for: 1. The FDOT shall fund the project cost, as detailed in Exhibits A and B of the Traffic Signal Maintenance and Compensation Agreement. The Board authorizes the County Traffic Engineer to annually prepare, update and submit Exhibit A to the FDOT for compensation. 2. The County shall maintain and operate the traffic signal system. If the project cost exceeds the amount shown in Exhibits A and B,the County shall pay the overage. \\Pileserver\Public\Traffic\Dawn\BCC AGENDA ITEMS\RESOLUTION\resolution jpa traffic signal maint and compensation September 2002.doc RESOLUTION NO. 2002- 061 The resolution was moved to adoption by Commissioner Adams and the motion was seconded by Commissioner Gi nn ,and,upon being put to a vote,the vote was as follows: Chairman Ruth M. Stanbridge Aye Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht -Aye The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of September 2002. 4 BOARD OF COUNTY COMMISSIONERS .. 'Attest: J. I�.-Bartgq,Clerk INDIAN RIVER COUNTY, FLORIDA By: By: =W-axtea. Deputy Clerk Ruth M. Stanbridge Chairman F Indian River County Approved Date Administratim Budget $ Z Legal L Risk Management 0$-M Public Works bz Traffic Engineering Cyw- \\Fileserver\public\Traffic\Dawn\BCC AGENDA ITEMS\ABSOLUTION\resolution jpa traffic signal maint and compensation september 2002.doc 750.010.22 • �" ,� �' -TRAFFICOPERATION5 05/02 .I_ CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D.NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT THIS AGREEMENT, made and entered into this day of ,by and between the Florida Department of Transportation,an agency of the State of Florida, herein called the"Department",and Indian River County Florida, herein called the"Maintaining Agency". WITNESSETH: WHEREAS,the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and operation of traffic signals or signal systems on the State Highway System,and the Department is authorized under Sections 334.044 and 335.055, Florida Statutes,to enter into this Agreement; and WHEREAS,the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement. NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto,and for other good and valuable consideration,the sufficiency of which is hereby acknowledged,the parties mutually agree and covenant as follows: 1.The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals,traffic signal systems (central computer, cameras,message signs,and communications interconnect),school zone traffic control devices, intersection flashing beacons,illuminated street name signs,and the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems upon completion of their installation.The Department agrees to pay to the Maintaining Agency,an annual compensation based on Department's fiscal year for the cost of the maintenance and continuous operation of full traffic signal locations as identified in Exhibit A.Flashing beacons,emergency signals,and school zone signals are not included.Payments will be made in accordance with Exhibit B.Should the Maintaining Agency withdraw from the compensation portion of this Agreement,the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items.In the case of construction contracts,the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems,and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the Installation by the Department. Prior to any acceptance by the Department,the Maintaining Agency shall have the opportunity to inspect and request modifications/corrections to the installation(s)and the Department agrees to undertake those prior to acceptance so long as the modifications/corrections comply with the contract and specifications. Repair or replacement and other responsibilities of the installation,contractor and the Department, during construction,are contained in the Department's Standard Specifications for Road and Bridge Construction. 2.The Maintaining Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association(IMSA)and operational requirements of the Manual on Uniform Traffic Control Devices(MUTCD),as amended.The Maintaining Agency's maintenance responsibilities shall include,but not be limited to, preventive maintenance(periodic inspection, service and routine repairs),and emergency maintenance(trouble shooting in the event of equipment malfunction,failure,or damage). The Maintaining Agency shall record its maintenance activities In a traffic signal maintenance log. 3.The Maintaining Agency may remove any component of the installed equipment for repair;however,it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is capable of performing at minimum the same functions.The Department shall not make any modifications and/or equipment replacements without prior written notice to the Maintaining Agency. 4.The Maintaining Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans,specifications,or special provisions.The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals. Signal system timings(cycle length,split,offset)are considered operational settings and may be changed by the Maintaining Agency to accommodate the changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer and be contingent upon an engineering report or documentation of engineering judgment prepared by,or for,the Maintaining Agency in accordance with Section 1A.09, Engineering Study and Engineering Judgment,of the MUTCD,recommending such changes by a qualified Professional Engineer registered in the State of Florida.The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment,timing and phasing at any time 75D-010-22 TRAFFIC OPERATIONS 05/02 -3- 13.The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year,the provisions of Section 339.135(6)(a), Florida Statutes,are hereby incorporated: (a) 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 shall be 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,and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which have a term for a period of more than one year. 14.The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department.Such findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement termination,or renewal. if at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A,the Department shall have the option of(a)notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time,otherwise the Department shall deduct payment for any deficient traffic signal(s) maintenance not corrected at the end of such time,or(b)take whatever action Is deemed appropriate by the Department.Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 15.The Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including,but not limited to,agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement.The Maintaining Agency shall furnish a copy of such agreements to the Department. 16.This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without the written consent of the Department. 17.The Maintaining Agency shall allow public access to all documents,papers, letters,or other material subject to provisions of 119, Florida Statutes,and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 18.This Agreement shall be governed by and construed In accordance with the laws of the State of Florida.The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 19.This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto. 20. Upon execution,this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties. 21.This Agreement contains all the terms and conditions agreed upon by the parties. f 750-010.22 TRAFFIC OPERATIONS 05102 -5- EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS MAINTAINED AND OPERATED FOR FY 02-03 Effective Date: 07/01/02 To: 06/30/03 Maintaining Agency: Indian River County FDOT Percent of FY Unit State Compensation Rate (Ex. 25,33,50, 75, Total Amount Intersection Locations Yes or No $518.00 or 100) (Unit Rate x Percent 1. 4 Street&27 In Avenue/SR607 Y $518.00 50% $259.00 2. 4,n Street& U.S. Y $518.00 50% $259.00 3. 8 Street&27 Avenue/SR607 Y $518.00 50% $259.00 4. 8m Street& U.S. 1 Y $518.00 50% $259.00 5. 12,nStreet&27m Avenue/SR607 Y $518.00 50% $259.00 6. 12 Street& U.S. 1 Y $518.00 50% $259.00 7. 15 Place& U.S. 1 Y $518.00 50% $259.00 8. 16 Street&27 inAvenue/SR607 Y $518.00 50% $259.00 9. 17 Street/SR656&6 Avenue Y $518.00 50% $259.00 10. 17 Street/SR656&SR A-1-A Y $518.00 75% $388.50 11. 1 r Street/SR656&Indian River Blvd. Y $518.00 50% $259.00 12. 17 Street/SR656&U.S. 1 Y $518.00 75% $388.50 13. 21 Street& Indian River Blvd./SR60 Y $518.00 50% $259.00 14. 23 Street&U.S. 1 Y $518.00 50% $259.00 15. 26 Street& U.S. 1 Y $518.00 50% $259.00 16. 32no Street&U.S. 1 Y $518.00 50% $259.00 17. 37 Street& U.S. 1 Y $518.00 67% $345.33 18. 38 Lane&U.S. 1 Y $518.00 50% $259.00 19. 45m Street&U.S. 1 Y $518.00 50% $259.00 20. Barber Street&U.S. 1 Y $518.00 50% $259.00 21. SR510&SR A-1-A Y $518.00 75% $388.50 22. SR510&U.S. 1 Y $518.00 75% $388.50 23. CR512 EB& U.S. 1 Y $518.00 50% $259.00 24. CR512 WB&U.S. 1 Y $518.00 67% $345.33 25. Highland Drive&U.S. 1 Y $518.00 50% $259.00 26. Jackson Street&U.S. 1 Y $518.00 50% $259.00 27. Main Street& U.S. 1 Y $518.00 50% $259.00 28. Oslo Road&27m Avenue/SR607 Y $51.8.00 50% $259.00 29. Oslo Road& U.S. 1 Y $518.00 50% $259.00 30. Roseland Road&U.S. 1 Y $518.00 50% $259.00 31. Royal Palm Blvd.& Indian River Blvd./SR60 Y $518.00 50% $259.00 32. St.Edward's&SR A-1-A Y $518.00 50% $259.00 33. Schumann Drive&U.S. 1 Y $518.00 50% $259.00 34. SR60&goin Avenue Y $518.00 50% $259.00 35. SR60&82 no Avenue Y $518.00 50% $259.00 - 36. SR60&74 Avenue Y $518.00 50% $259.00 37. SR60&66m Avenue Y $518.00 50% $259.00 38. SR60& Indian River Mall Y $518.00 50% $259.00 39. SR60&58n Avenue Y $518.00 50% $259.00 40. SR60-&43a Avenue Y $518.00 50% $259.00 41. SR60&27n Avenue/SR607 Y $518.00 75% $388.50 42. SR60&20 Avenue Y $518.00 50% $259.00 43. SR60 WB& 14 nAvenue Y $518.00 50% $259.00 44. SR60 EB& 14m Avenue Y $518.00 50% $259.00 45. SR60 EB&Commerce Avenue Y $518.00 50% $259.00 46. SR60 WB&Commerce Avenue Y $518.00 50% $259.00 Subtotal $12,734.16 750-010.22 - TRAFFIC OPHRATJONS 05/02 7. EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and Method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum in Exhibit A. The Maintaining Agency will receive one lump sum payment at the end of each fiscal year for satisfactory completion of service. Total Lump Sum Amount for each Fiscal Year Is calculated by adding all of the individual intersection amounts. The individual intersection amounts are calculated by taking the FY Unit Rate times the Percent of State Road Approaches to Total Approaches. Example: For a intersection with 4 approaches with 2 approaches (50%)being state roads, the intersection amount will be: $518 x(2/4)=$259 Unit Rates per 100% State Intersections FY 02-03 $ 518 03-04 $1,599 04-05 $2,196 05-06 $2,262 06-07 $2,330 Beginning FY 07-08,the Unit Rate for each fiscal year will be 3% more than the Unit Rate for the previous fiscal year, unless otherwise specified in an amendment to this Agreement. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department.