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Home My WebLink AboutIRC Interlocal Traffic MaintAGREEMENT FOR TRAFFIC MAINTENANCE AND REPAIR THIS &GREEMENT is made this 8th day of N0¥ember , 1994, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, hereinafter "municipality" and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter "County". WHEREAS, those traffic control signals and devices described in this agreement lie within the jurisdiction, control, operational and maintenance responsibility of the municipality; and WHEREAS, the municipality desires to retain .t.he services of the County's Public Works Department to perform necessary maintenance and repairs to the described signals which will be included in a "Close Loop Traffic Signal System" in accordance with the provisions of this service agreement and: WHEREAS, it is the intent of both parties to ensure provisions for the continuous, coordinated and professional maintenance of the City owned signals as they are added onto a "Closed Loop Traffic Signal System" to ensure its continuous operation and; WHEREAS, Indian River County has an executed agreement with the Florida Department of Transportation for the maintenance of traffic equipment on the State Highway System and has modified this agreement to include all signals as they are added onto the "Closed Loop Traffic Signal System". NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND THE MUTUAL PROMISES CONTAINED HEREIN, the parties agree as follows: 1. SCOPE OF WORE. The County shall provide all labor, equipment, and materials, including preventative maintenance activities, at the rates specified in schedule "A:" attached hereto as may be reasonable and necessary to maintain in good operating condition, or to repair or reconstruct to restore to good operating condition, all those traffic signals and devices identified in Schedule "B" attached hereto. The Agreement also includes Indian River County maintenance of the Central Control Site Hardware, communication equipment once installed by the Contractor and System Timing Plans. Indian River County staff will continue to develop and implement new System Timing Plans, required to maintain a comprehensive and growing Traffic Responsive System. Ail work performed shall be done in a skillful and workmanlike manner, in accordance with accepted industry practices and customs. Indian River County shall be free to determine the design, style, make, model, manufacturer, or other specification of any material or equipment used or provided hereunder subject to the provisions of the Existing and the Amendments to the Agreement between the Florida Department of Transportation and Indian River County. Any major ihtersectional traffic signal design modifications developed by Indian River County as part of this agreement shall be reviewed with the City Engineer and the City shall have the option of substituting equal or better equipment and/or materials. The City of Sebastian shall be responsible for any additional costs incurred. Indian River County will prepare and submit an annual report to the Florida Department of Transportation and the City of Sebastian City Engineer summarizing repairs, modifications, etc. to the System during the given year. 2. TEP44 OF AGREEMENT. The initial term of~his agreement shall commence on October 1, 1994 (County 94/95 Fiscal Year) end extend through the end of the County's 1997-1998 fiscal year. This agreement shall be subject to automatic five-year extension, coinciding with the fiscal year of the County, unless either party provides to the other written notice of an intention to~%erminate at least one hundred-eighty (180) days in advance of the renewal date or a more permanent agreement is established by both parties. Indian River County shall notify the City, in writing, at least ninety (90) day in advance of each impending automatic extension date. Modifications, additions, or deletions to'this agreement shall be by written addendum executed by both parties, and shall meet all appropriate terms and conditions of the Agreement, (as amended), between the Florida Department of Transportation and Indian River County, except the Schedules "C" and "D" maybe revised periodically upon transmittal of the new schedules to the other part in writing. 3. NOTICE TO THE CO~NT~ FOR BEPAXR. The proposed Closed Loop System will have an Automatic Diagnostic Reporting System which will automatically notify the Designated County Agents, depending upon the Day and Time of Day, whenever it determines that a malfunction of any kind has occurred within the Closed Loop Traffic Signal System. The "On -Street Master" effected will send all information via dedicated telephone lines to the proper County Agents as set forth in Schedule "C" and will also print out a message at the Centralized Master Microcomputer located in the Indian River County Traffic ~ngineer's office. Notice-to Indian River County for repair will be accomplished directly by the "On- Street Master" to the Central Computer System in all cases and to the Personnel listed in Schedule "C" of this agreement. It is therefore anticipated that very few instances will arise which will necessitate direct communication for the City to the County relative to maintenance needs. If in the unlikely event this need for City to County communication should arise, it shall be the responsibility of the municipality to notify the County that repairs or reconstruction is necessary prior to the County being obligated to perform hereunder. Notice including a general description of the problem or efficiency shall be communicated to 2 the County in accordance~ with Schedule "C" , which sets forth personnel, telephone numbers, addresses and priorities based upon day and time of desired service. The municipality hereby designates those individuals or officers listed in Schedule "D" as it exclusive authorized agents f~- ~i~cd i..~L~dul~--~'-"--tr.~-- ~ ~.~I... '" zuthe~.ag_.-~Cs for communication to the County of any notice to proceed with repairs or reconstruction. The County shall not be required to perform nor be liable for non-performance in the event notification has not been properly given. 4. ~ESPONSE TIME. It is the County's goal to use its best efforts to respond to any emergency repair request in as close to a "Zero Response Time" as possible, but certainly within a period of two (2) hours following receipt of notice and to.~espond to non- emergency or routine repair request within a period of twenty-four (24) hours following notice. For the purpose of measuring the "response time" for this.Agreement, a "Request" will be considered "received" upon a direct request from appropriate City Staff or notification of a malfunction by a system On-Street Master. An emergency status shall be considered to exist where damage to a traffic signal or device or the malfunction or failure thereof results or has resulted in the creation of a serious present or impending traffic hazard~or example, total loss of power; loose, hanging equipment; los~f a red signal face color indication, or flashing operation at a "Critical intersection" as identified by the Closed Loop Design. A non-emergency or routine repair status shall exist where the damage or malfunction does not create a serious or immediate traffic hazard; for example, cracked or broken lenses, non-red lamp or lamps out, flashing operation at non- critical times and intersections. The inability of the County to respond within the stated time period where good cause exists shall not be considered to be a breach of this agreement. 5. PAYMENT. The County shall periodically invoice the municipality for all services provided during said period, in accordance with charges for labor, equipment, and materials provided in Schedule "A". The municipality shall pay all amounts invoiced within thirty (30) days of the date of the invoice. The City shall have the right to question and/or dispute the accuracy of County invoiced costs; provided however, that body cannot unreasonably withhold approval of the invoice. In case any portion of any invoice that is in bona fide dispute, the City shall remit payment of the undisputed portion of the invoice within thirty (30) days of receipt of invoice and the County and City shall attempt to amicably resolve those disputed portions of the invoice. 6. DISASTERS. The occurrence of any natural or man-made disaster, when declares as such by federal, state, local government, such as a hurricane, tornado, flood, act of war, airliner crash, etc., may result in the impossibility of performance of this agreement. The parties agree that this agreement with r~gard to County performance Standards and Response Time set forth elsewhere in this Agreement shall be considered temporarily suspended during any such state of disaster. 7. LIABILITY. To the extent by law, the County will be responsible for all claims, demands, suits, liabilities, damages and losses arising out of or resulting from the negligent acts of commission or omission by its contractors, subcontractors, employees, agents or representatives. Nothing in the contract shall be construed as any waiver of sovereign immunity by either party to this contract. 8. THIRD PANTIES. The municipality agrees %hat the County may enter into services or maintenance agreement With third party providers with respect to any or all of the services contemplated herein, either on a full-time or stand-by basis, upon written notice to the municipality and with the approval of the FDOT District Traffic Operations Engineer provided the terms and conditions of the agreement or any agreement executed between the City and the F.D.O.T. shall continue to govern the relationship. IN WITNESS WHEREOF, the duty authorized officials of the County and the municipality have execute this agreement the day and year first above written. INDIAN RIVER COUNTY, a political Subdivision of the State of Florida Approved: ll/8/94 DATE Approved by James W; Davis, P.E. 'Public Works Director By it, s-BOARD OF COUNTY OOMMISSIONERS Attest: ~ ---- v ~_~ _ /~ JEFFREX-K. BARTON, Clerk of CITY OF SEBASTIAN a municipal corporation of the State Cit~ Clerk R'ver C°uqtylAPDr°ved I Date ~ LcDal t I ?' ' - APPROVED AS '~ FORM AND LEGAL SUFF'rc~'KNCY By County Attorney's Office SCHEDULE "A" SERVICE RATE SCHEDULE TRAFFIC SIGNAL TECHNICIAN II: $25.00 PER HOUR TRAFFIC TECHNICIAN: $16.00 PER HOUR TRAFFIC SIGNAL TECHNICIAN I: $12.00 PER HOUR PARTS: Cost plus 10% EQUIPMENT: Aerial Service Truck: $20.00 PER HOUR. NOTE: The above hourly rates include a factor of forty percent (40%) markup to cover fringe, overhead, and burden costs, based upon the actual base salary of the County Staff utilized for the required remedial and/or maintenance activities. The Hourly Rates shall be reviewed on a Bi-annual Basis and adjusted per the mutual concurrence of both parties executing this agreement to be effective on the first day of the next Fiscal Year. If any services are sub-contracted per Section 8 of this Agreement actual costs will be reimbursed. 6 SCHEDULE "B" TRAFFIC SIGNALS TO BE MAINTAINED Main Street & US1 Schumann Drive & US1 Jackson Street & US 1 7 SCHEDULE "C'* COMMUNICATION SCHEDULE Weekdays 7:30 AM to 5:00 PM Priority 1) Jeanne Bresett, Acting Manager of Traffic , 567-8000, ext. 326 2) John Ankeny, Signal Technician II, 770-5119 3) Carlton Rawls, Signal Technician II, 770-5119 4) Jesse Flores, Signal Technician I, 770-5119 5) James W. Davis, P.E., Public Works Director, 567-8000, ext. 245 Weekdays 5:00 PM to 7:30 AM Weekends and Holidays Priority 1) John Ankeny, Signal Technician II, 778-1614 2) Carlton Rawls, Signal Technician II, 562-4038 3) Jesse Flores, Signal Technician I, 388,5192 4) Jeanne Bresett, Acting Manager of Traffic, 388-1908 8 SCHEDULE "D" Joel L. Koford, City Manager, 589-5330 Jerry Thomas, Assistant Public Works Director, 589-5330 Earle L. Petty, Chief of Police, 589-5233