HomeMy WebLinkAboutSeminole County - Traffic Signal Maintenance Agreement - 2024 10 08PUBLIC WORKS DEPARTMENT
TRAFFIC ENGINEERING DIVISION
October 29, 2024
Mr. Philip Hursh, P.E.
Public Works Director/Interim City Mgr.
City of Winter Springs
390 Old Sanford Oviedo Road
Winter Springs, FL 32708
Re: City of Winter Springs
Traffic Signal Maintenance Agreement (2024)
Dear Mr. Hursh:
SM
eutno
S�iV1/NOi E COUNTY
I LOKIDA'S NAILIFAL CHOICL
Enclosed you will find a fully executed Traffic Signal Maintenance Agreement between
the County and City.
You will be billed according to the new Agreement at the end of each fiscal year; beginning
FY 24/25.
If you have any questions, please feel free to give me a call at 407-665-5677.
Respectfully
SEMINO
Kathleen Arwood
Sr. Staff Assistant
:ka
Enclosure
140 BUSH LOOP SANFORD FL 32773 •TELEPHONE (407) 665-5677 •FAX (407) 665-5623
WWW.SEMINOLE000NTYFL.GOV
SEMINOLE COUNTY — CITY OF WINTER SPRINGS
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
THIS AGREEMENT is entered into on the day of O , 2024, between
SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole
County Services Building, 1101 East First Street, Sanford, Florida 32771, in this Agreement referred
to as "COUNTY", and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose
address is 1126 East State Road 434, Winter Springs, Florida 32708, in this Agreement referred to
as "CITY".
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes (2024), authorizes local governmental units
to make the most efficient use of their powers by enabling them to cooperate with other localities
on a basis of mutual advantage and thereby to provide services and facilities in a manner (and
pursuant to forms of governmental organization) that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local communities; and
WHEREAS, Florida law provides for interlocal agreements between cities and counties for
the performance of the respective administrative and service functions, and Chapter 125, Florida
Statutes (2024), grants counties broad home rule powers to perform acts in the public interest; and
WHEREAS, CITY and COUNTY recognize that there is a need to develop a coordinated
effort for the repair of certain traffic signals in order to facilitate traffic engineering and the safe and
efficient flow of traffic in Seminole County; and
WHEREAS, CITY and COUNTY desire to enter into a mutually beneficial relationship
whereby CITY will reimburse COUNTY for the maintenance costs of:
(a) Traffic signals located at the intersections of a county and city road within the
jurisdictional boundaries of the CITY.
Traffic Signal Maintenance Agreement
Seminole County / Winter Springs
Page 1 of 12
(b) Traffic signals located at the intersections of two (2) city roads within the jurisdictional
boundaries of the CITY.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement,
it is hereby agreed as follows:
Section 1. Responsibilities of COUNTY.
(a) Maintenance Service. COUNTY shall provide maintenance service for the following:
(1) Traffic signals located at the intersections of a county and city road within the
jurisdictional boundaries of the CITY.
(2) Traffic signals located at the intersection of two city roads within the
jurisdictional boundaries of the CITY.
A specific listing of these traffic signals within the scope of this Agreement is contained in Exhibit
"A", attached to and incorporated in this Agreement by reference, and referred to in this Agreement
as the "Traffic Signals". COUNTY shall maintain the Traffic Signals to the extent of COUNTY's
capability (in terms of ordinary maintenance and, repair) and will charge CITY an Annual
Maintenance Fee for these services. Further, COUNTY has the right to seek additional compensation
from CITY for costs that COUNTY incurs above and beyond normal routine maintenance, including,
but not limited to mast arms, controller replacement, cabinet replacement, emergency preemption
(Opticom) equipment, video and loop detection equipment, and similar and related items. These
additional costs will not exceed actual cost to COUNTY.
(b) Chang_es to Inventory of Traffic Signals Subject to this Agreement. COUNTY Traffic
Engineer, within his or her discretion, may acknowledge additions of new signals or subtractions of
signals to or from the inventory of Traffic Signals subject to this Agreement as contained in Exhibit
"A". As such, CITY may request that a Traffic Signal be added to or subtracted from this Agreement
by making such request in writing directly to COUNTY's Traffic Engineer at the address listed in
Traffic Signal Maintenance Agreement
Seminole County /Winter Springs
Page 2 of 12
Section 9 of this Agreement. Such acceptance of responsibility for the maintenance of a new Traffic
Signal or for the removal of a Traffic Signal from the inventory of Traffic Signals as contained in
Exhibit "A" will not be effective until CITY receives a written notification of such acceptance of
addition or removal from COUNTY'0 Traffic Engineer. CITY and COUNTY agree that the
provisions of this Agreement including, but not limited to, provisions regarding maintenance and
costs, will be applicable to Traffic Signals added to or removed from the inventory of Traffic Signals
subject to this Agreement.
(c) Maintenance Standards. The Traffic Signals will be maintained in accordance with
the most current manual of uniform traffic devices promulgated by the State Department of
Transportation pursuant to Section 316.0745, Florida Statutes (2024), as this statute may be amended
from time to time.
(d) Request for Payment. COUNTY shall send requests for payment of its Annual
Maintenance Fee as calculated in Section 3 below on a yearly basis. Requests for payment for any
additional charges as outlined in Section 1(a), above, which exceed those in Section 3 below will be
billed as incurred.
Section 2. Responsibilities of CITY.
(a) Payment. CITY agrees to pay an Annual Maintenance Fee for the services provided
by COUNTY pursuant to this Agreement, Section 1(a). Further, CITY shall reimburse COUNTY for
any costs COUNTY incurs above and beyond normal routine maintenance as described by Section 1
(a) of this Agreement. CITY shall also be responsible for the power costs of Traffic Signal(s) as set
forth in Section 6 of this Agreement.
(b) Time. CITY agrees to remit payment for each invoice rendered under this Agreement
by COUNTY within thirty (30) days of receipt of COUNTY's request for payment.
Traffic Signal Maintenance Agreement
Seminole County /Winter Springs
Page 3 of 12
Section 3. Calculation Of Normal Routine Maintenance Charges.
(a) Normal Routine Maintenance. CITY shall pay COUNTY a flat Annual Maintenance
Fee for normal routine maintenance services.
(b) Annual Maintenance Fee Calculation.
(1) The Annual Maintenance Fee will be based on the most 1•ecent Florida
Department of Transportation (FDOT) rates for traffic signals and other associated devices asset forth
in Exhibit B to this Agreement.
(2) From the effective date of this Agreement, until changed pursuant to the
criteria contained in this Agreement, the Annual Maintenance Fee for each signal within the scope of
this Agreement will be as set forth in Exhibit "A" to this Agreement, and may be increased from time
to time, but not more than once per annum, based on the State of Florida, Department of
Transportation's published maintenance rates as further explained in Exhibit "B" to this Agreement
at the request of COUNTY Traffic Engineer with at least 120-days' advanced written notice to CITY.
Section 4. Ownership of Traffic Signals.
(a) Statutory Maintenance Responsibilities. Chapter 316, Florida Statutes (2024), as this
statute may be amended from time to time, provides that county and municipal governmental entities
may place and maintain traffic control devices within their respective jurisdictions, according to the
DOT manual and specifications therefore.
(b) Classes of Signals. Under this Agreement, there are two classes of signals as follows:
(1) Class 1. Traffic signals located at the intersection of a county and city road.
(2) Class 2. Traffic signals located at the intersection of two city roads.
Traffic Signal Maintenance Agreement
Seminole County /Winter Springs
Page 4 of 12
Section 5. Mast Arm Responsibilities
(a) This Section is intended to define the responsibilities of CITY and COUNTY
concerning the maintenance of signal mast arms and their associated characteristics.
(b) CITY is responsible for the decorative components of mast atrns, such as decorative
bases, acorn or other non-standard lighting, banners, and similar items. COUNTY shall attempt
to repair any damaged decorative components if easily feasible at a minimal cost, such as replacing
a bulb, or straightening a light fixture or decorative base. In instances where the repair requires
new equipment, such as a new decorative base or light assembly, CITY will be required to hire a
COUNTY -approved contractor• to make the repair. There may be instances where COUNTY may
be able to easily replace the equipment if CITY furnishes the equipment to COUNTY. CITY and
COUNTY shall coordinate on these efforts if this repair approach is considered feasible by both
parties. Whenever CITY and COUNTY coordinate efforts and combine funding to install a new
traffic signal or convert an existing strain pole intersection to mast arm, CITY will be fully
responsible for the additional costs relative to any CITY -desired decorative components of the
mast arm signal, such as decorative bases, acorn or other non-standard lighting, bannet•s, and
similar items.
(c) Where COUNTY currently has Sales Tax funding to perfot•m mast atm repainting,
the COUNTY shall cover the full cost of mast ar•m repainting at State/City/County, State/City and
County/City intersections. CITY will be responsible for coveting the full cost of mast arm
repainting by a COUNTY approved contractor at City/City intersections. Since repainting is
typically warrantied by contractors for a period of five (5) years, the goal of COUNTY is to repaint
mast arms no sooner• than once every five (5) to eight (8) years as deemed necessary and as funding
allows. If CITY wishes COUNTY to repaint aState/City/County, State/City or County/City
Traffic Signal Maintenance Agreement
Seminole County /Winter• Springs
Page 5 of 12
intersection at a time prior to when COUNTY deems it necessary or appropriate, CITY may hire
a COUNTY -approved contractor to repaint the mast arms earlier. At such time Sales Tax funding
is no longer available for the COUNTY to use for mast arm repainting, COUNTY and CITY shall
discuss funding options for future repainting of Statey/County, State/City and Countyy
intersections.
(d) Since COUNTY currently has Sales Tax funding to perform mast arm inspections,
COUNTY shall cover the full cost of mast arm inspections at State/City/County, State/City,
County/City, and City/City intersections. The goal of COUNTY is to inspect mast arms no sooner
than once every five (5) to eight (8) years as deemed necessary and as funding allows. COUNTY,
at its discretion, may also inspect a mast arm at any intersection if it is damaged by motor vehicle
crash or other incident and the damage is deemed significant enough to require further inspection
by a structural engineering firm. If CITY wishes COUNTY to inspect aState/City/County,
State/City, County/City, or City/City intersection at a time prior to when COUNTY deems it
necessary or appropriate, CITY may hire aCOUNTY-approved contractor to inspect the mast arms
earlier. At such time Sales Tax funding is no longer available for COUNTY to use for mast arm
inspections, COUNTY and CITY shall discuss funding options for future inspections of
State/City/County, State/City, County/City, and City/City intersections. COUNTY shall make,
either by itself or through contractor assistance, all necessary repairs and replacements identified
in the inspection reports at State/City/County, State/City, and County/City intersections.
COUNTY shall attempt to make, either by itself or through contractor assistance, all necessary
repairs identified in the inspection reports at City/City intersections, but COUNTY will defer to
CITY to make any repairs beyond the capabilities of COUNTY. CITY will be responsible for any
replacements identified in the inspection reports at City/City intersections.
Traffic Signal Maintenance Agreement
Seminole County /Winter Springs
Page 6 of 12
Section 6. Allocation of Costs.
(a) Adjustment by Class. CITY is responsible for the Annual Maintenance Fee for
regular service and parts, power costs, as well as any costs above normal routine maintenance as
described in Section 1 of this Agreement apportioned according to the class of a particular Traffic
Signal.
(b) Designation of Class. The class of each Traffic Signal described in column 1 of
Exhibit "A" to this Agreement will be indicated by corresponding designation in column 2 of Exhibit
"A", attached to and incorporated in this Agreement by reference.
(c) Cost Percentage Allocation According to Class of Traffic Signal.
(l) Class 1. The entity that installed the Traffic Signal shall pay the power costs,
and COUNTY and CITY shall each be responsible for (i) their respective percentage of the Annual
Maintenance Fee, equal to the percentage of the number of approaches the entity has to the Traffic
Signal out of the total number of approaches, and (ii) 50% (fifty percent) of any costs above normal
routine maintenance.
(2) Class 2. CITY has sole financial responsibility for all Class 2 signals and
COUNTY has no financial responsibility of any kind for these signals.
Section 7. Term. This Agreement takes effect on the date it is fully executed by all the
parties and will remain in force until terminated pursuant to Section 8, and all payments are made
current by CITY.
Section 8. Termination of the Agreement.
(a) Either party may terminate this Agreement, at any time, by giving the other party thirty
(30) days written notice. CITY will not be relieved of its obligation to compensate COUNTY
pursuant to this Agreement for services rendered up to and including the date of termination.
Traffic Signal Maintenance Agreement
Seminole County /Winter Springs
Page 7 of 12
(b) Termination of this Agreement by CITY as to Class 1 Traffic Signals does not relieve
CITY of its continued obligation to remit the designated percentage. Failure to remit this percentage
of costs may result in disruption of city road access to the county roads.
Section 9. Notice. Any notice delivered with respect to this Agreement must be in
writing and will be deemed to be delivered (whether or not actually received) when (i) hand -
delivered to the persons designated below, or (ii) when deposited in the United States Mail, postage
prepaid, certified mail, return -receipt requested, addressed to the person at the address for the party
as set forth below, or such other address or to such other person as the party may have specified
by written notice to the other party delivered according to this section:
As to COUNTY:
County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32773
With a copy to:
Seminole County Traffic Engineer
140 Bush Loop
Sanford, Florida 32773
As to CITY:
City Manager
1126 East State Road 434
Winter Springs, Florida 32708
With a copy to:
Winter Springs Public Works Director
1126 East State Road 434
Winter Springs, Florida 32708
Traffic Signal Maintenance Agreement
Seminole County /Winter Springs
Page 8 of 12
Section 10. Representations. The undersigned represents that he is Mayor of the City of
Winter Springs, that this document has been reviewed and duly approved for binding execution with
alI the formalities required by law, and that CITY has likewise authorized the undersigned to bind
CITY to the terms and conditions contained in this Agreement.
Section 11. Governing Law, Jurisdiction, and Venue. The laws of the State of
Florida govern the validity, enforcement, and interpretation of this Agreement. The sole
jurisdiction and venue for any legal action in connection with this Agreement will be in the cout•ts
of Seminole County, Florida.
Section 12. Parties Bound. This Agreement is binding upon and inures to the benefit of
CITY and COUNTY, and their successors and assigns.
Section 13. Conflict of Interest.
(a) The parties shall not engage in any action that would create a conflict of interest in
the performance of its obligations pursuant to this Agreement with the other party or that would
violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida Statutes
(2024), as this statute may be amended from time to time, relating to ethics in government.
(b) Each party hereby certifies that none of its officers, agents, or employees have any
material interest (as defined in Section 112.312(15), Florida Statutes (2024), as this statute may be
amended from time to time, as over• 5%) either directly or indirectly, in the business of the other
party to be conducted here, and that no such person will have any such interest at any time during
the term of this Agreement.
(c) Each party has the continuing duty to report to the other party any infot•mation that
indicates a possible violation of this Section.
Traffic Signal Maintenance Agreement
Seminole County /Winter Springs
Page 9 of 12
Section 14. Entire Agreement.
(a) It is understood and agreed that the entire agreement of the parties is contained in
this Agreement, which supersedes all oral agreements, negotiations, and previous agreements
between the parties relating to the subject matter of this Agreement, including the Agreement
between the parties having the same subject matter and dated September 51 2006.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement will be valid only when expressed in writing and duly signed by both parties, except
as otherwise specifically provided in this Agreement.
Section 15. Assignment. This Agreement may not be assigned by either party without
the prior written approval of the other party.
Section 16. Severability. If any provision or application of this Agreement to any
person or circumstance is held invalid, then it is the`intent of the parties that the invalidity will not
affect other provisions or applications of this Agreement that can be given effect without the
invalid provision or application, and to this end the provisions of this Agreement are declared
severable.
Section 17. Public Records Law.
(a) CITY and COUNTY acknowledge each other's obligations under Article 1, Section
24, Florida Constitution and Chapter 119, Florida Statutes (2024), as this statute Mn be amended
from time to time, to release public records to members of the public upon request. CITY and
COUNTY acknowledge each other is required to comply with Article 1, Section 24, Florida
Constitution and Chapter 119, Florida Statutes (2024), as this statute may be amended from time
to time, in the handling of the materials created under this Agreement and that this statute controls
over the terms of this Agreement.
Traffic Signal Maintenance Agreement
Seminole County /Winter Springs
Page 10 of 12
(b) Failure to comply with this Section will be deemed a material breach of this
Agreement, for which the non -breaching party may terminate this Agreement immediately upon
written notice to the breaching party.
Section 18. Equal Opportunity Employment. CITY and COUNTY shall not
discriminate against any employee or applicant for employment for work under this Agreement
because of race, color, religion, sex, age, disability, or national origin. CITY and COUNTY shall
take steps to ensure that applicants are employed, and employees are treated equally during
employment, without regard to race, color, religion, sex, age, disability, or national origin. Equal
treatment includes, but is not limited to, the following: employment; upgrading, demotion or
transfer; recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
Section 19. Headings and Captions: All headings and captions contained in this
Agreement are provided for convenience only, do not constitute a part of this Agreement, and may
not be used to define, describe, interpret, or construe any provision of this Agreement.
Section 20. Effective Date. The Effective Date of this Agreement will be the date when
the last party has properly executed this Agreement as determined by the date set forth immediately
below the respective signatures of the parties.
IN WITNESS WHEREOF, the parties have made and executed this Agreement for the
purposes stated above. ��69 0 0 8 * 1 * ,
ATTEST: CITY OF WINTER SPRINGS ��``.• rF
CHRISTIAN GOWAN, City Clerk
o•
KEVIN Mc ANN, Mayor
Date: 0 8�/ Z� 20 2 y
Traffic Signal Maintenance Agreement
Seminole County /Winter Springs
Page 11 of 12
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ATTEST:
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BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
0 JA ER, Chairman
Clerk to the
County Commissioners of
Seminole County, Florida.
For the use and reliance
Seminole County only.
Approved as to form and
legal sufficiency.
%I _ . ,f /I
County Attorney
As authorized for execution the Board of
County Commissioners at its
2024, regular meeting.
DGS/sfa
07/08/2024
Exhibit "A" — Listing of Traffic Signals
Exhibit "B" — FDOT Compensation Rates
T:\Users\Legal Secretary CSB\Public Works\Traffic\2023\City Traffic.Sgnal Maintenance Agreements\Winter Springs TSM Agreement -
Clean.docx
Traffic Signal Maintenance Agreement
Seminole County /Winter Springs
Page 12 of 12
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Seminole County Traffic Signal Maintenance Agreement = Exhibit B - FDOT Compensation Rates
TSMCA Unit Compensation Rates per Intersection on the State Highway Svstem
FY
Traffic Signals
g
(TS)
Traffic Signal -
Interconnected &
monitored (IMTS)
Intersection
Control Beacon
(ICB)
Pedestrian
Flashing Beacon
(PFB)
Emergency Fire
Dept. Signal
(FDS)
Speed Activated
Warning Display
(SAWD)
illuminated Street
Name Signs (ISNS)
Blank Out Sign
(BOS)
Traffic Warning
Beacon (TWB)
Per
Intersection
Intersection
Intersection
System
System
System
Intersection
Device
System
2022-23
$3,670
$5,273
$921
$737
$1,286
$370
$370
2023-24
1 $3,910
1 $5,558
1 $947
$758
1 $1,323
1 $381
1 S391
8419
$381
2024-25
$4,024
$5,720
$975
$780
$1,362
$393
$403
$432
$393
2025-26
$4,145
$50892
$10005
$804
$1,403
$405
$416
$445
$405
2026-27
$4,274
$6,075
$1,037
$829
$1,447
$418
$429
$459
$418
2027-28
$4,411
$6,270
$1,071 1
$856
$1,494
$432
$443
$474
$432
Probe Data
Uninterruptible
Connected
Arterial Dynamic
In -Roadway
FY
Detection
Power Supplies
Automated
Pedestrian Hybrid
Message Sign
Passive Pedestrian
Traffic Monitoring
Warning Lights
CPI (%)
System
(UPS)
Vehicle Devices
Beacon (PHB)
(ADMS)
Detection (PPD)
Camera (TrMC)
(IRWL)
(PDDS)
(CAVD)
Per
Device
Device
Device
System
Device
System
Intersection
System
2022-23
1 $119
$119
$527
2.80%
2023-24
$123
$123
$542
$2,645
$2,027
$1,644
$688
$658
2024-25
$127
$127
$558
$2,722
$2,086
$1,692
$708
$678
2490%
2025-26
$131
$131
$575
$2,804
$20149
$1,743
$730
$699
3.00%
2026-27
$136
$136
$593
$2,891
$2,216
$1,798
$753
$721
3.10%
2027-28
$141
$141
$612
$20984
$2,287
$1,8S6
$778
$745
3,20%
e. Construction Cost Inflation Factors
Inflation factors for construction costs will be utilized in the development of the tentative work
program as indicated below. These inflation factors will automatically generate the new
estimates for anything gamed in WPA by applying these factors to the present day costs (PDC's)
in WPA. All estimate changes must be made in the adopted file; do not make estimate changes
in the proposed file (tentative work program development cycle). Shaded areas beginning in
fiscal year 28/29 cover the 10-year period for the SIS program.
FISCAL
YEAR
INFLATION
FACTOR
-
MULTIPLIER
FISCAL
YEAR.
INFLATION
FACTOR
MULTIPLIER
23/24
2.8%
1,028
28/29
3.3%
1.198
24/25
2.9%
1.058
29/30
3.3%
1,237
25/26
3.0%
1.090
30/31
3.3%
1.278
26/27
3.1%
1,123
31/32
3.3%
1.320
27/28
3.2%
1,159
32/33
3.3%
1.364
Note: Base year is 22/23.
Page 6 of 11
Part III -Chapter 1: Administration