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HomeMy WebLinkAbout2002 07 08 Consent B NEW State Highway Lighting, Maintenance and Compensation Agreement COMMISSION AGENDA ITEM B CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR July 8, 2002 Meeting MGR~EPT //f/ Authorization REQUEST: Public Works Department Requesting Approval of Resolution #2002-21 authorizing the City Manager to enter into a State Highway Lighting, Maintenance and Compensation Agreement, and a Traffic Signal Maintenance and Compensation Agreement. PURPOSE: The purpose of this Board item is to request Approval of Resolution #2002-21 authorizing the City Manager to enter into a State Highway Lighting, Maintenance and Compensation Agreement, and a Traffic Signal Maintenance and Compensation Agreement between the City of Winter Springs and the Florida Department of Transportation, CONSIDERATIONS: This resolution is required as a condition of the State Highway Lighting, Maintenance and Compensation Agreement, and a Traffic Signal Maintenance and Compensation Agreement between the City of Winter Springs and the Florida Department of Transportation. FDOT has a new program that will provide reimbursement to local governments of a portion of the cost to maintain and operate traffic signals and highway lighting on the state highway system, The streetlight compensation agreement will provide $2,062,50 in new revenue for the General Fund, The traffic signal agreement will provide $1,730,12 in new revenue for the Transportation Improvement Fund, The traffic signal reimbursement will increase annually over the next five years as the percentage reimbursement increases and signals (i,e, Vistawilla) are added, July 8, 2002 Consent Agenda Item B Page 2 FUNDING: No funding is required. These agreements provide additional revenues of$1,730,12 and $2,062,50 for the General Fund and Transportation Improvement Fund, respectively. RECOMMENDA TION: It is recommended that Resollition #2002-21 be approved authorizing the City Manager to enter into a State Highway Lighting, Maintenance and Compensation Agreement, and a Traffic Signal Maintenance and Compensation Agreement between the City of Winter Springs and the Florida Department of Transportation. IMPLEMENTATION SCHEDULE: The agreements will be executed and returned upon approval. The revenues will be received in FY 2002/2003, ATTACHMENTS: I, Resolution #2002-21 2, State Highway Lighting, Maintenance and Compensation Agreement 3. Traffic Signal Maintenance and Compensation Agreement COMMISSION ACTION: Attachment No. 1 RESOLUTION NO. 2002-21 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT, AND A TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVDING AN EFFECTIVE DATE. WHEREAS, State Road 434 and State Road 419 are an integral part of the transportation network in the City; and WHEREAS, the City Commission. has previously authorized the City Manager to enter into a Highway Landscaping Maintenance Memorandum of Agreement between the City of Winter Springs and the Florida Department of Transportation for which the City is reimbursed a portion of the landscape maintenance costs; and WHEREAS, the City currently expends funds for the maintenance of the streetlights and traffic signals on these State Roads; and .- WHEREAS, the Florida Department of Transportation has a new program that will allow local governments to be reimbursed for a portion of the cost to maintain and operate traffic signals and highway lighting on the state highway system; and WHEREAS, the City Commission of the City of Winter Springs wishes to authorize the City Manager to enter into a State Highway Lighting, Maintenance and Compensation Agreement, and a Traffic Signal Maintenance and Compensation Agreement between the City of Winter Springs and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - The City Commission of the City of Winter Springs hereby authorizes the City Manager to enter into a State Highway Lighting, Maintenance and Compensation Agreement, and a Traffic Signal Maintenance and Compensation Agreement between the City of Winter Springs and the Florida Department of Transportation in a form acceptable to the City 0.,...1 Attorney. ~\ ~rr SECTION II - The City Clerk of the City of Winter Springs is hereby directed to send '0, ( ;)1- \ copies of this Resolution to the Department of Transportation and all other persons as directed by 1\\)~ the City Commission. ~ J, '. SECTION III - This Resolution shall take effect immediately upon its passage and If'' approval. Passed and adopted this day of ,2002. CITY OF WINTER SPRINGS, FLORIDA ATTEST: CITY CLERK PAULP,PARTYKA,MAYOR JEB BUSH GOVERNOR ~l\ '- ~ Florida Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720-6800 A TT ACHMENT NO. 2 , J THOMAS F. BARRY, JR. SECRETARY May 30, 2002 Mr. Ron McLemore City Manager 1126 East SR 434 Winter Springs, FL 32708 Re: State Highway Lighting, Maintenance and Compensation Agreement City of Winter Springs 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 highway lighting, the reimbursement rate will be a statewide standard rate. To be eligible for reimbursement local governments must: · Execute the new enclosed State Highway Lighting, Maintenance and Compensation Agreement. · Execute Exhibit A (an annual list of highway lighting eligible for reimbursement). · Submit a resolution or documentation designating the officer(s) authorized to sign the Agreements. · Annually certify that the highway lights 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 highway lights on the state highway system are listed, These highway lights 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 State Highway Lighting, Maintenance and Compensation Agreement. www.dot.state.fl.us " For your information, each year the local government and the Department must agree on the number of highway lights 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 submit a copy of the resolution or documentation with the executed State Highway Lighting, Maintenance and Compensation Agreement. · Please send the above documents; the State Highway Lighting, 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 realize at this late date that may not be possible. · If you have any questions about the new State Highway Lighting, Maintenance and Compensation Agreement, please contact 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 highway lighting on the state highway system. Please contact us if you have any questions. Sincerely, AEH:sg Enclosures: State Highway Lighting, Maintenance and Compensation Agreement Exhibit A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION F?m1 No 71o.01(). 3). Utilities Rev, S-02 STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT", and C Hy of Wi nter Spr i ngs , hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH: WHEREAS, the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance and operation of lighting on the State Highway System, and the FOOT is authorized under Sections 334.044, Florida StaMes and 335,055, Florida Statutes to enter into this Agreement; and WHEREAS, the MAINTAINING AGENCY has authorized its undersigned offi cers to enter into and execute this Agreement, and has designated the officer(s) authorized to receive and respond to the FOOT's work orders; J NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of Facilities a, The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY, hereinafter referred to as the "Facilities," throughout its expected useful life. For the purposes of this Agreement, the term Facilities shall be deemed to include, but not necessarily be limited to, lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on the property of the FOOT, but shall exclude those systems listed in Exhibit "A" attached hereto and by this reference made a part hereof. and shall exclude lighting located in weigh stations, rest areas, or on Interstate highways. b, In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type (ex. high mast. standard, underdeck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally) the Facilities, as may be necessary. v, All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices; and, (2) All other applicable local, state. or federal laws. rules, resolutions, or ordinances. and FOOT procedures, d, For lighting installed as part of an FOOT project, the MAINTAINING AGENCY's obligation to maintain shall commence upon the MAINTAINING AGENCY's receipt of notification from the FOOT that the FOOT has finally accepted the project, except for the obligation to provide for electrical power, which obligation to provide for electrical power shall commence at such time as the lighting system is ready to be energized: provided, however. that the MAINTAINING AGENCY shall not be required to perform any activities which are the responsibilities of FOOT's contractor, Page 1 01 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fonn No 71o-01o-Xl. UIiIi1J~ Rev. 5- 02 STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT e, The continuing obligations under this paragraph 1 beyond the first fiscal year hereof are subject to the voluntary negotiation of the amount to be paid as set forth in subparagraph 2b hereof, 2. Compensation and Payment a. The FOOT agrees to pay to the MAINTAINING AGENCY a lump sum of $ 2,062.50 for the fiscal year in which this Agreement is signed (fiscal year as referenced in this Agreement shall be FOOT's fiscal year). b. For each future fiscal year, the FOOT and the MAINTAINING AGENCY shall agree on the amount to be paid prior to the fiscal year beginning. The FOOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. c. Invoices may be submitted anytime after May 19111 of the fiscal year in which the services were provided, but no later than 180 days after the end of said fiscal year, Payment shall be made in one lump sum as provided in paragraph 4 hereof. d. Payment shall be made in accordance with Section 215.422, Florida Statutes. e, Bills for fees or other compensation for services or expenses shall be submitted in a format acceptable to the FOOT and in detail sufficient for a proper pre-audit and post-audit thereof. 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed pursuant to this Agreement. The records shall be kept in a format approved by the FOOT. Records shall be maintained and made available upon request to the FOOT at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the FOOT upon request. 4. Invoicing Upon receipt, the FOOT has five (5) working days to inspect and approve the goods and services. The FDOT has twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the MAINTAINING AGENCY. Interest penalties of less than one (1) dollar shall not be enforced unless the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the FOOT, A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual indude acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency, The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800--848-3792.0 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 (1) year, the provisions of Section 339,135(6)(a), Florida Statutes, are hereby incorporated: The FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its P"ge2of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORT A TlON STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT Form No 7'(}.01(}.X). Utilitle3 Rev. 5-02 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 FOOT shall require a statement from the Comptroller of the FOOT 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, and this paragraph shall be incorporated verbatim in all contracts of the FOOT which are for an amount in excess of $25,000 and which have a tenn for a period of more than one (1) year. The FOOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY, 5, Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following options, provided that at no time shall the FOOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FOOT or the public. b. Pursue any other remedies legally available. c, As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the' MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice from the FOOT of the non-perfonnance; provided, however, that advance notice and cure shall not be preconditions in the event of an emergency. 6. Indemnification o :J The MAINTAINING AGENCY, to the extent allowed by Section 768.28, Florida Statutes, shall indemnify, defend, _ .save, and hold hannless. the State, the FOOT, 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 MAINTAINING 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. 7. Force Majeure Neither the MAINTAINING AGENCY nor the FOOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Miscellaneous a, The FOOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. b, The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other material subject to the 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 Page J 01 5 ;: TA TE ':.F FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT F""" No I1().01().:xl. :.JUhtJes Rev. >02 3ccess shall be grounds for Immediate unilateral cancellation of this Agreement by the FOOT, ::a 7his Agreement constitutes the complete and final expression of the parties with respect to the subject matter nereof and supersedes all prior agreements. understandings, or negotiations with respect thereto. :0 Q This Agreement shall be governeo by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. :no Time is of the essence in the performance of all obligations under this Agreement. ]1] All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FOOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: MAINTAINING AGENCY: FOOT: District Maintenance Engineer 719 S. Woodland Blvd Deland. Fl 32720 ::0 PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a pUblic building or public work. may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, Florida Statutes, for CATEGORY TWO for a periOd of thirty six (36) months from the date of being placed on the convicted vendor list. ::3 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a puolic entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. :JJ Nothing herein shall be construed as a '.valver of either party's sovereign immunity, ;:Jaqe4ot S :;rATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT =Qml No 71o-01()'3:l. U blille5 Rev. >02 9. Certification This document is a printout of an FDOT form maintained in an electronic formal and all revisions thereto by the Maintaining Agency in the form of additions, deletions or substitutions are reflected only in an Appendix entitled "Changes To Form Document" and no change is made in the text of the document itself. Hand notaions on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document By signing this document. the Maintaining Agency hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled .Changes To Form Document" You MUST signify by selecting or checking which of the following applies: (J No changes have been made to this Forms Document and no Appendix entitled "Changes To Form Document" is attached, o No changes have been made to this Form Document. but changes are included on lhe attached Appendix entitled "Changes to Forms Document" . IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY BY: (SiQnature) DATE: (Typed Name: (Typed Title: Recommend Approval by the District BY: (SiQnature) DATE: (Typed Name: (Typed Title: FDOT Legal Review BY: ISiQnature) DATE: District Counsel (Typed Name: Page50t 5 EXHIBIT A Section 77070 77120 WINTER SPRINGS STREETLIGHT LOCATIONS ON STATE ROADS State Road SR 419/434 Location SR 434 to 2.020 Tuskawilla Rd. SR 434 Winter Springs City Limits to SR 419/ Sanford-Oviedo Rd. TOTAL Milepost 0.000 to 2.000 9.650 to 11.282 No. of Streetlights 11 44 55 ~. A TT ACHMENT NO. 3 i. ' ~ Florida Department of Transportation JEB BUSH GOVERNOR 719 South Woodland Boulevard DeLand. Florida 32720.6834 THOMAS F. BARRY, JR. SECRETARY May 20, 2002 j~ rI );1;)v> oil 1c ~ J /l- ~MJ RECEIVED MA Y 2 8 2002 Mr. Ron McLemore Ci ty Manager City of Winter Springs 1126 East SR 434 Winter Springs, Fla. 32708 CITY OF VVlNTER SPRINGS City Manager 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 200212003, 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.slate.fl.us r Page 2 For your information, each year the local government and the Depm1ment 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 Depaltment 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 submit 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 resolutio!,\ 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 realize at this late date that 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) 750-010,22 TRAFFIC OPERA nONS 05102 Page' of 5 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 The City of Winter Springs 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 (MUTeD), 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 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 1A.09, 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, implementation 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. 750,010,22 TRAFFIC OPERATIONS 05102 Page 2 01 5 6, The Maintaining Agency and the Department shall develop the Exhibit A which by this reference is made a part of this Agreement as though fully set forth herein, Exhibit A shall contain all existing traffic signals on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are not included for compensation, No changes or modifications will be made to Exhibit A during the year for compensation, New signals added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon final acceptance as stated in paragraph 1, The Maintaining Agency and the Department, preceding each fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department signals added during the previous fiscal year and delete those removed, The Maintaining Agency shall begin receiving compensation for new Department's signals in the next fiscal year, In the event that no change has been made to the previous year's Exhibit A, a statement to this effect should be included, The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit B, attached and made a part hereof, a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes, c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, d) Record of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made, Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaiiling Agency=s general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs. 7, Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise, The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and F-inance, The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, 8, If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in additional to the invoice amount, to the Maintaining Agency, Interest penalties of less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 9, A Vendor Ombudsman has been established 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 payment(s) from a state agency, The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller=s Hotline, 1-800-848-3792, 10. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity, 11, A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period ofthirty-six (36) months from the date of being placed on the convicted vendor list. 12, The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 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. 7SO.Q10-22 TRAFFIC OPERA nONS 05102 Page 3 of 5 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 consent of the Department. 17, The Maintaining Agency shall allow public access to all docum.ents, 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 unilateral cancellation 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 MaintaiQi.ng 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, 1 g, 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, 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 parties hereto, 21, Upon execution. this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, 22, This Agreement contains all the terms and conditions agreed upon by the parties, IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written, The City of Winter Springs (Maintaining Agency) . Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: (Authorized Signature) By: (Authorized Signature) PrinUType Name: PrinUType Name: Title: Title: Attest: Attest: (Seal if Applicable) REVIEWED: Attorney Date EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS MAINTAINED AND OPERATED FOR FY 02-03 Effective Date: 07/01/02 To: 06/30/03 Maintainina Aaency: 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 $ 1,730,12 750-010,22 TRAFFIC OPERA TIONS 05/02 Page 4 of 5 I certify that the above traffic signals were maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum of $1,730,12 Maintaining Agency Date District Traffic Operations Engineer Date 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 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 03-04 04-05 05-06 06-07 $ 518 $1,599 $2,196 $2,262 $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. Section MP SR No. Intersection Agency Cont, % tv 03 ty 04 tv 05 tv 06 tv 07 77070 0.621 419/434 Winding 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 Rd, Winter Springs x 50 $259.00 77120 10,986 434 Hayes Rd, Winter Springs x 67 $347,06 $1,730,12 . ~ Winter Springs '_.~ RESOLUTION NO. 2002-21 , 11 ~ '1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT, AND A TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVDING AN EFFECTIVE DATE. ti: WHEREAS, State Road 434 and State Road 419 are an integral part of the transportation network in the City; and WHEREAS, the City Commission has previously authorized the City Manager to enter into a Highway Landscaping Maintenance Memorandum of Agreement between the City of Winter Springs and the Florida Department of Transportation for which the City is reimbursed a portion of the landscape maintenance costs; and WHEREAS, the City currently expends funds for the maintenance of the streetlights and traffic signals on these State Roads; and WHEREAS, the Florida Department of Transportation has a new program that will allow local governments to be reimbursed for a portion of the cost to maintain and operate traffic signals and highway lighting on the state highway system; and WHEREAS, the City Commission of the City of Winter Springs wishes to authorize the City Manager to enter into a State Highway Lighting, Maintenance and Compensation Agreement, and a Traffic Signal Maintenance and Compensation Agreement between the City of Winter Springs and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - The City Commission of the City of Winter Springs hereby authorizes the City Manager to enter into a State Highway Lighting, Maintenance and Compensation Agreement, and a Traffic Signal Maintenance and Compensation Agreement between the City of Winter Springs and the Florida Department of Transportation in a form acceptable to the City Attorney. SECTION II - The City Clerk of the City of Winter Springs is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the City Commission. SECTION III - This Resolution shall take effect immediately upon its passage and approval. Passed and adopted this 8th ,2002. IDA " ' , .. , . 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 ,.