HomeMy WebLinkAboutTraffic Signal Maintenance 2011Y
CFN 2011203083, OR BK 6485 PAGE 1209,
Recorded 11109=11 at 03:43 PM, Mitch Needelman, Clerk
of Courts, Brevard County
# Pgs:12
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT made and entered into this 1 day of
Nov , 2011 by and between the City of Cape Canaveral, Brevard County, Florida,
a political subdivision of the State of Florida, hereinafter referred to as "CITY", and the
Board of County Commissioners of Brevard County, Florida, a political subdivision of
the State of Florida, hereinafter referred to as "COUNTY".
WITNESSETH:
WHEREAS the COUNTY has entered into an agreement with a signal
maintenance contractor, hereinafter referred to as "Contractor" for maintenance and
construction of traffic signals within Brevard County, and
WHEREAS, the CITY and the COUNTY desire to enter into a mutually beneficial
relationship whereby the COUNTY will maintain all traffic signals owned or partially
owned by the CITY, and
WHEREAS the CITY desires to have the COUNTY staff perform maintenance on
traffic signals within the CITY and/or oversee the Contractor on behalf of the CITY,
IT IS THEREFORE agreed as follows:
1. STATUTORY CITE
This agreement shall be considered an interlocal agreement pursuant to
the State of Florida Statutes, Chapter 163, Part 1, 2011.
2. SCOPE OF WORK
This agreement applies to, but is not limited to, those traffic signals, intelligent
transportation systems, cameras, overhead signs, and roadway lighting luminaries, etc.,
--_under_.the CaT - Q maintenance--r-e<sponsibility—which—have—been._.-accepted--for-
maintenance by the COUNTY. Exhibit A contains the inventory of traffic signals within
the scope of this Agreement and is attached hereto and incorporated herein by
reference. Exhibit A is hereinafter referred to as the "Traffic Signal Inventory."
a. Preventative Maintenance Service.
The COUNTY agrees to provide up to three (3) preventative
maintenance services per year for the Traffic Signal Inventory. The
COUNTY will maintain the Traffic Signal Inventory to the extent of the
COUNTY's capability (in terms of ordinary maintenance and repair) and
will charge the CITY a maintenance fee for said services.
b. Upgrades and Standardization
The COUNTY agrees to include the Traffic Signal Inventory in
COUNTY equipment upgrade and standardization program reviews.
Where deficiencies are noted, the COUNTY will notify the CITY of the
deficiencies and provide an estimate of cost to bring the facility to
appropriate standards. The CITY will notify the COUNTY when the work
can be scheduled. The COUNTY will strive to lower maintenance costs to
all cities by ensuring that equipment reaching the manufacturer's
recommended life will be upgraded to standardized equipment as CITY
budgets allow.
C. Modifications.
The COUNTY agrees to modify the configuration of traffic signals
within the Traffic Signal Inventory at the request of the CITY. The cost of
modifications requested by the CITY will not exceed actual costs to the
COUNTY.
d. Reactive Maintenance Services.
The COUNTY agrees to respond to any Emergency Condition as
defined in the current version of the COUNTY "After Hours Traffic Sign
and Signal Response Policy" within two hours of being notified of the
emergency condition. The COUNTY also agrees to schedule and respond
to all other reactive maintenance problems in an efficient and timely
manner. The COUNTY shall be reimbursed by the CITY for costs it incurs
for all reactive maintenance of the Traffic Signal Inventory.
e. Review and Inspection Services.
The COUNTY agrees to provide the CITY with review and
inspection services for any traffic signals proposed to be constructed
within the CITY and added to the Traffic Signal Inventory. The traffic
signals stated in the previous sentence are hereinafter referred to as
"Future Signals".
1. The COUNTY agrees to review the design and specification
documents for Future Signals, at no charge to the CITY, to assist
the CITY in ensuring the level of quality necessary to promote a
safe and affordable installation. The COUNTY agrees to review
any Future Signal construction documents within 14 working days
of receipt of said documents.
2. The COUNTY agrees to inspect Future Signal construction
to assist the CITY in ensuring the construction methods and
equipment meet the standards and specifications, thereby
promoting lower future maintenance costs. Fees for these
inspections are shown in Exhibit B.
3. PROCEDURE
a. Emergency Signal Maintenance
The CITY shall contact the COUNTY at 321-455-1440 during
normal working hours, Monday through Friday from 7:00 a.m. through
3:30 p.m. The CITY shall contact Central Dispatch Center (Civil Defense)
at 321-633-1737 during non -working hours to request emergency traffic
signal maintenance.
The COUNTY will respond to requests for maintenance and, if
possible, make repairs. If repairs cannot be performed by COUNTY
personnel, the COUNTY will authorize the Contractor to perform the
repairs. Major repairs will not be undertaken without the approval of the
._......... �ubmit_-__.payment_.r-ecDmmendation_..on..Ahe.
Contractor's invoice. The COUNTY will submit a statement using agreed
upon rates in Exhibit B, quarterly, to the CITY for maintenance work
performed by COUNTY personnel. The CITY shall be responsible for
payment of Contractor invoices directly to the Contractor.
b. Other Aerial Maintenance
The CITY shall notify the COUNTY in writing, either by Notice to
Proceed or CITY purchase order, of the work to be performed.
The COUNTY will respond to requests for maintenance and
perform the maintenance when time is available.
4. MAINTENANCE OF TRAFFIC
The COUNTY or the Contractor shall be responsible for maintaining safe
traffic flow in accordance with the Florida Department of Transportation Roadway
and Traffic Design Standards, most recent edition, and any other applicable
references. In the event law enforcement is necessary to maintain traffic, the
CITY shall, at its sole expense, arrange for law enforcement.
5. EQUIPMENT AND STOCK
The CITY reserves the right to supply new and/or reconditioned parts to
the COUNTY for installation. The CITY will be responsible for the installation of
any necessary telephone drops in the master cabinet and shall pay the monthly
charges for such telephone drops.
6. AUTHORIZED PERSONNEL
The personnel authorized by the CITY and the COUNTY to perform
maintenance shall be limited to the COUNTY's Traffic Systems Technician(s),
the C'CFUNTY s Traffic Sign/Srggrlal-l`echnician s and -the Con rac or or any other
personnel agreed upon by the CITY and COUNTY in an emergency. The
charges for the services of such emergency personnel shall be computed using
the rates on the attached schedule.
7. COMPENSATION
a. Preventative Maintenance
Both parties agree that the CITY shall pay the COUNTY a
maintenance fee for preventative maintenance services.
1. Both parties agree that the maintenance fee shall be based
on the following: The calculated total costs to perform preventative
maintenance services on a random sample of signals in the County
as documented for the previous fiscal year will be divided by the
total number of signals in the sample to arrive at an average per -
intersection cost. This average cost will be the fee charged to each
city and shall be calculated each year .based on actual cost
averages from the previous year.
2. From the effective date of this Agreement, until changed
pursuant to the criteria contained herein, the Preventative
Maintenance Fee for each signal within the scope of this agreement
shall be as set forth in Exhibit B.
b. Upgrades and Standardization
The COUNTY will strive to lower maintenance costs to all cities by
ensuring that equipment reaching the manufacturer's recommended life is
upgraded to standardized equipment. The CITY shall compensate the
COUNTY for actual costs incurred in this process.
C. Modifications.
-- --- - ----"---"-_ ---Thee CTY shall compensate the COUN—M—foor theactual costs- of
any Modifications requested by the CITY.
d. Reactive Maintenance.
The CITY shall compensate the COUNTY for reactive maintenance
in accordance with Exhibit B. Compensation will be made to the first hour
and then to the nearest one-half hour and may include travel time to the
work site. Emergency call outs performed after hours shall be
compensated from portal -to portal, all time associated with travel to and
from the location and time spent repairing emergency. The COUNTY's
compensation schedule may be adjusted upon thirty (30) days written
notice to the CITY. The Contractor's Compensation schedule may be
adjusted in accordance with the Agreement between the COUNTY and
the Contractor. Compensation adjustment shall be based on material cost
variation or other relevant economic conditions, sufficiently documented
by the requesting party. Either party may request a compensation
adjustment. Failure to agree upon compensation adjustments may
constitute mutually agreed upon termination of this Agreement.
Regular time work shall be work that was performed between the
hours of seven o'clock (7:00) a.m. and three -thirty (3:30) p.m., Monday
through Friday. Overtime work shall be work that was performed during
those hours not defined as regular time. Holidays will be charged at the
overtime rate. Holidays are defined as those days officially designated as
holidays by the Brevard County Board of County Commissioners. Work
that is initiated during regular time, completed during overtime, and
required more than one (1) hour of effort during overtime to complete, will
be partially compensated at the overtime rate, based upon the prorated
share of work completed during overtime.
The CITY shall pay to the COUNTY the actual cost of all materials
furnished by the COUNTY, associated with reactive maintenance
activities, which are an integral part of the finished work.
Standby personnel are assigned to respond to all after hour calls
for the COUNTY and the CITY. Due to the number of traffic signals within
the COUNTY system and the CITY systems, there may be times that it is
more beneficial to the COUNTY and CITY to have an additional Traffic
Signal Technician on call to provide timely response. In the event it
becomes necessary to place a second employee on call, the standby rate
_ would -double -for -that -period. -of time -and -the -cost would -be -shared -on -a -pro -..-.-.---..---.---
rata basis.
e. Review and Inspection Services
The CITY shall pay the COUNTY for Inspection Services as shown
in Exhibit B.
8. TERM OF AGREEMENT
The period of this agreement shall be for five (5) years from the date of
recording.
9. CANCELLATION CLAUSE
This agreement may be canceled by either party upon 30 days prior notice
to the other party. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery.
10. ASSIGNABILITY
This agreement is non -transferable and non -assignable in whole or part
without the consent of the COUNTY.
11. CONSTRUCTION OF AGREEMENT
The parties hereby acknowledge that they have fully reviewed the
Agreement and its attachments, and have had the opportunity to consult with
legal counsel of their choice, have participated in the negotiating and drafting of
this Agreement and that this Agreement shall not be construed against any party
as if they were the drafter of this Agreement.
12. MODIFICATION CLAUSE
No modification of this Agreement shall be binding on the COUNTY or the
CITY unless reduced to writing and signed by authorized representatives of the
COUNTY and CITY.
13. NOTICE
_.- ---Amy n-d-all-rtotices-required under this -Agreement shall b �ir� writing and-�
sent to the following addresses, by US Postal Service, certified, return receipt
requested:
Harriet Raymond David L. Greene
Public Works Support Services Manager City Manager
Brevard County Public Works City of Cape Canaveral
2725 Judge Fran Jamieson Way, A201 PO Box 326
Viera, FL 32940 Cape Canaveral, FL 32920
14. ENTIRETY CLAUSE
This Agreement embodies the entire agreement and understanding
between the parties hereto and there are no other agreements or
understandings, oral or written, with reference to the subject matter hereof that
are not merged herein. The proposed Agreement between the COUNTY and the
Contractor will become a part of the Agreement and be incorporated herein.
15. SEVERABILITY
In the event a court of competent jurisdiction determines any sentence,
provision, paragraph or section of this Agreement to be null and void, the
remaining parts of this Agreement shall continue in full force and effect as though
such sentence, provision, paragraph or section had been omitted from said
Agreement.
16. VENUE
Venue for any legal action brought by any party to this Agreement to
interpret, construe or enforce this Agreement shall be in a court of competent
jurisdiction in and for Brevard County, Florida.
17. INDEMNIFICATION
Except as limited by law, the COUNTY agrees to indemnify and hold
harmless the CITY and its employees from all claims, losses and expenses,
excluding attorney's fees and costs, arising out of or resulting from the
performance of the services to be contracted, provided such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease, death or
personal injury, or to property damage, including loss of use resulting therefrom,
and (2) is caused in whole or in part by any negligent act or omission of the
COUNTY or arises from a work-related injury to any of the COUNTY's
employees. The COUNTY acknowledges adequate consideration for this
agreement.
Except as limited by law, the CITY agrees to indemnify and hold harmless
the COUNTY and its employees from all claims, losses and expenses, excluding
attorney's fees and costs, arising out of or resulting from the services provided
under this agreement provided such claim, damage, loss or expense (1) is
attributable to bodily injury, sickness, disease, death or personal injury, or to
property damage, including loss of use of property, and (2) is caused in whole or
in part by any negligent act or omission of the CITY, arises from a work-related
injury to any of the CITY's employees, or is caused in whole or in part by any
equipment or part the CITY provides for installation. The CITY acknowledges
adequate consideration for this agreement.
18. WAIVER
No delay or failure on the part of any party hereto to exercise any right or
remedy accruing to such party upon the occurrence of an event or violation shall
affect any such right or remedy, be held to be an abandonment thereof or
preclude such party from the exercise thereof at any time during the continuance
of any event. of violation. No waiver of a single event. of violation shall be
deemed to be a waiver of any subsequent event of violation.
19. ATTORNEY'S FEES
In the event of any legal action to enforce the terms of this contract, each
party shall bear its own attorney's fees and costs. This provision shall not be
interpreted to be a pledge of ad valorem tax revenues.
20. DEFAULT
Either party to this Agreement, in the event of any act of default by the
other, shall have all remedies available to it under the laws of the State of
Florida.
21. EFFECTIVE DATE
Pursuant to Section 163.01(11) Florida Statutes, the effective date of this
contract shall be the date on which the instrument is recorded in the Public
Records of Brevard County, Florida.
22. RIGHT TO AUDIT
In the performance of this Agreement, the Contractor shall keep books,
records and accounts of all activities related to the Agreement in compliance with
generally accepted accounting procedures. All documents, papers, books,
records and accounts made or received by the contractor in conjunction with the
Agreement and the performance of this Agreement shall be open to inspection
during regular business hours by an authorized representative of the office and
shall be retained by the Grantee for a period of three (3) years after termination
of this Agreement, unless such records are exempt from Section 24(a) of Article
of the State Constitution and Section 119.07(1) Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
COUNTY ATTORNEY APPROVAL:
ATTEST:
BOARD,RF COUNTY COMMISSIONERS OF
BREVAAO COUNTY, FLORIDA
RobinFis er, Chairman
ASAP R ED BY THE BOARD ON 11'1-11
T T:
Laurie S. Rice, Chief Deputy Clerk
CITY OF CAPE CANAVERAL
BREVARD COUNTY, FLORIDA
David L. Greene
City Manager
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Preventative Maintenance Fees per visit
Upgrades and Standardization Fees
Modification Fees
Reactive Maintenance Services Fees
Reactive Maintenance Materials
Review Fees
Inspection Services Fees per inspection
Actual Costs:
Fixed fee per call $178.44
Signal Tech/hour
Regular rate $28.20
Overtime rate $42.30
$70.76
Actual Costs
Actual Costs
Actual Costs
Actual Costs
No Charge
$84.97