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HomeMy WebLinkAboutFlorida Department of Transportation Traffic Signal Maintenance PE " ' , .. , . 750-010-22 I TRAFFIC OPERATIONS ., 05102 Page 1 of5 , 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 "Departmenf', and The City of Winter Sprin~s 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 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 Maintainilig 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 and signal systems to accommodate 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 1A09, Engineering Study and Engineering Judgment, of the MUTCD, recommending such changes and signed and sealed by a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall send a signed/sealed copy of the timings to the Department immediately after installation. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency. may specify modifications, If the Department specifies modification in timing and/or phasing,impleme.ntation of such modifications shall be coordinated with, or made by, the Maintaining Agency. 5. The Maintaining Agency shall note in the maintenance log any time/phasing changes and keep a copy of the timings and any approval documentation in a file. . .. , , .' 7SQ.010-22 ( TRAFFIC OPERATIONS 05102 Page 3 of 5 14, The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department. Suqh 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 oblig;3tion 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 Maint~injng 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 consent of the Department. 17. The Maintaining Agency shall allow public access to all documents; papers, letters, or other material subject to provisions of Chapter 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 unila!~ral canc.e.'.lation of this Agreement by the Department 18. The Maintaining Agency, to the extent allowed by Section 768.28, Florida Statutes, shall indemnify, defend, save and hold harmless, the State, the Department, any joint pole owner and all of their officers, agents and employees from all suits, actions, claims, demands, and liabilities of any nature whatsoever arising out of, because of, or due to breach of, this Agreement by the MaintaiQing Agency, its subcontractors, agents or employees .or due to any act or occurrence of omission or commission of the Maintaining Agency, its subcontractors, agents or employees. The parties agree that this paragraph shall not waive sovereign immunity of the State of Florida, nor waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. 19. 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 Mt 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. 20, 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 p~rties he~~to. 21. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, 22. . ThiS.Agreemel1t\1~ntains all the terms and conditions agreed upon by the parties. ' I~' 'I) - , . ,); ;'. I IN'WIT.N~$3,WIrfEiR 6~,,.tpelijartie? hereto have caused these presents to, be executed, the day and year first above written. ">.\.\ I' , 'I, '..,~ ,J) . The,' itY'ot'Win\~~S,plin~~ <\ I) ,Florida, FLORIDA DEPARTMENT OF TRANSPORTATION .' i-J' (Maintain/no Ag :a:,', , \ ') ..~ .. 'or .,. T,) :,/} :~) :. .... '> '~', r.\ ..~ By:~ "!', Ii/, v~/.. )':', 1 ~ ,. \ ... (uthoriZ~d\Si~/'l .)lJrp.) (Authorized Signature) prin~M~~;~'am~: ~l'k,~'~a~;:)w:> McLemore PrinUType Name: 'I, . ()., I ' , .. . ".) ',.' Title: C It., :\~:,... Title: "'- Attes ' Attest: (Seal if Applicable) REVIEWED: ~rn~ D~ < , . 750-010-22 . TRAFFIC OPERATIONS ~ 05102 Page 4 of 5 EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS MAINTAINED AND OPERATED FOR FY 02-03 Effective Date: 07/01/02 To: 06/30/03 Maintainina Aoencv: The City of Winter Springs FOOT Percent of , FY Unit State Compensation Rate (Ex. 25, 33, 50, 75, Total Amount Intersection Locations (Yes or No) $518.00 or 100) (Unit Rate x Percent) See attached sheet(s) ...... -. - . Total Lump Sum ~ 1,730.12 , certify that the above traffic signals were maintained and operated In accordance with the requirements ofthe Traffic Signal Maintenance and .ComM~~ation Agreement. For satisfactoryf~ij1pletion b""all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agen9YB 1.~~\l,ImpS'J~~f;~11730.12 .' " '\',' . ", ,.. ') I .,' J,I} .,) '"",!, (:.~, .\ I ''Jy$fl LJv "J, 1'~:~, II, 7/10/02 I g Agancy '.....), : '~'f f Date District Traffic Operations Engineer Date .of '. ;..) ~l ,. . J -J .\ '. (f :1 \,.\ ,". 'oj , ".~ I I . I ..I '. . " '\,.... . ~ . . 750-010-22 ; TRAFFIC OPERATIONS 05102 Page 5 of 5 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,~~m,;\~()~~tfor 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 anJQunt will be: $518 x (2/4)= $259 Unit Rates per 100% State Intersectio'ns 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 pepartment yearly in a format acceptable to the Department. . . . 750.{)10-22 , TRAFFIC OPERATIONS 05102 Page 5 of 5 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 fo'r 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 FiscalYear 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 an;lOunt 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 Hate 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. Section MP SRNo. Intersection Agenev Conf. % tv 03 tv 04 tv OS tv 00 N07 77070 0.621 419/434 Windi.ng Hollow Blvd Winter Springs 0 50 $259.00 77070 1.674 419 Edgemon Ave. Winter Springs x 67 $347.06 77120 9.877 434 Sheoah Blvd. Winter Springs x 50 $259.00 77120 10.108 434 Edgemon Ave. Winter Springs x 50 $259.00 77120 10,357 434 Moss Ad; Winter Springs x 50 $259.00 77120 10.986 434 Hayes Ad. Winter Springs x 67 $347.06 $1,730.12 : . i . . ; ~ Winter Springs . . . ? ..\- .. l ~ ' . . . , . , Florida Department of Transportation JEB BUSH 719 South Woodland Boulevard THOMAS F. BARRY, JR. GOVERNOR SECRETARY DeLand, Florida 32720-6834 May 20,2002 ;1 if 1W RECEIVED J, })0 oJ 1;.- MAY 2 8 2002 ~ Mr. Ron McLemore IJ ~ CITY OF VVlNTER SPRINGS City Manager City Manager 10 ' City of Winter Springs 1126 East SR 434 Winter Springs, Fla. 32708 - .. ~ .' ~ _... .... -. - .. .. ....~.. . -. . ..... ,,'" . . - . . Re: Traffic Signal Maintenance and Compensation Agreement Dear Mr. McLemore: You may be aware of the previous letters sent to your local government about the new traffic signal maintenance agreement and highway lighting maintenance agreement. Beginning in FY 2002/2003, these new agreements will ,allow the Florida Department of Transportation to reimburse local governments for a portion of the cost to maintain and operate traffic signals and highway lighting on the state highway system. For traffic signals, the reimbursement rate will be a statewide standard rate that will be adjusted to reflect the proportion of state highway connections entering the intersection. Only full traffic control signals will be eligible for this reimbursement program. Flashing signals and school zone signals will not be considered for reimbursement. To be eligible for reimbursement local governments must: . Execute the new enclosed Traffic Signal Maintenance and Compensation Agreement. . Execute Exhibit A (an annual list of traffic signals eligible for reimbursement), . Submit a resolution or documentation designating the officer(s) authorized to sign the Agreements. . Annually certify that the traffic signals were maintained and operated in accordance with the terms of the agreement. The following information should be helpful to you: . Carefully review the enclosed Exhibit A. Exhibit A is the form where the signalized intersections on the state highway system are listed. These intersections are the ones you agree to maintain and the Department agrees to provide some compensation. If you note any discrepancies on the form, please contact the Department immediately. Exhibit A must be signed and submitted with the Traffic Signal Maintenance and Compensation Agreement. www,dot.state.tl.us .' . , . . , . ,. , Page 2 For your information, each year the local government and the Department must agree on the number of signals for reimbursement and must sign a new Exhibit A. . A resolution by the local government authorizing the execution of the agreement is no longer required by the Agreement However, the Department will still need a resolution designating the officer(s) authorized to sign the Agreement or documentation that an officer(s) is authorized to sign the Agreement Please submjt a copy of the resolution or documentation with the executed Traffic Signal Maintenance and Compensation Agreement . Please send the above documents; the Traffic Signal Maintenance and Compensation Agreement, Exhibit A, and the resolution or documentation, to me at the address on the letterhead as soon as possible. The Department would like to receive the documents by June 30, 2002, however we realiz~.~.t. ~Qis late,d,at~ Jhat .may not be possible. . If you have any questions about the new Traffic Signal Maintenance and Compensation Agreement, please contact me at 1-800-780-7102, ext 5309. . All questions concerning the Highway Lighting Maintenance Agreement should be directed to Roger Schmitt at 1-800-780-7102, ext 5273. Hopefully, the above information will be helpful to you. We look forward to the execution of the required documents so that the Department can begin to compensate you for some of the costs to maintain traffic signals on the state highway system, Please contact us if you have any questions, Fred D. Ferrell, ,E. District Traffic Operations Engineer FDF:w Enclosures: Traffic Signal Maintenance and Compensation Agreement Exhibit A (with the name of each signalized intersection) . cYU .i' . . .., ' . . ., CITY OF WINTER SPRINGS, FLORIDA '1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327.1800 Fax (407)327-6695 July 17, 2002 Florida Department of Transportation 719 S. Woodland Blvd. Deland, Florida 32720-6834 . . ' .. --. . . .- ~- . . ,-, -... ~ . . ATTN: Fred D. Ferrell, P.E. District Traffic Operations Engineer RE: Traffic Signal Maintenance and Compensation Agreement Dear Mr. Ferrell: Enclosed is an executed original of the Traffic Signal Maintenance and Compensation . Agreement with Exhibit A. Also attached is a copy of the resolution authorizing the City Manager to enter into the agreement. The traffic signals were maintained and operated in accordance with the terms of the agreement. Please return a copy of the fully executed agreement when completed. I would also appreciate if the reimbursement could be sent to my attention. Please feel free to contact me at 407-327-5989 if you have any questions. Sincerely, J# L4! Kipton lockcuff, P. E. Public Works/Utility Director Cc: Public Works Superintendent ,.