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HomeMy WebLinkAboutItem E(07) Resolution 2004-10 A Resolution Authorizing a Memorandum of Understanding for Mast Arm Signals on State Road 50 Center of Good L, CITY OF OCOEE +e m# 7 AGENDA ITEM COVER SHEET Date: October 11, 2004 Meeting Date: October 19, 2004 Subject: Resolution 2004-10 FDOT SR 50 Signal Mast Arm Upgrades FDOT-Ocoee Memorandum of Understanding Issue: Should the Mayor and City Commissioners adopt Resolution 2004-10 authorizing the execution of a Memorandum of Understanding with the Florida Department of Transportation for the provision of mast arms for traffic signals on SR 50? Recommendation: Based on the analysis above, the Staff recommends that Mayor and City Commission adopt Resolution 2004-10 authorizing the execution of the Memorandum of Understanding concerning upgrading of mast arm signalization of SR 50 in accordance with the City's design and color standards. Background Summary: The Florida Department of Transportation is currently designing the widening of SR 50/Colonial Drive from SR 429/Westem Beltway to Good Homes Road. This project is planned to begin within 5-6 years. The Ocoee section of this roadway includes five signalized intersections that the City of Ocoee wishes to upgrade from the FDOT standard to mast arms. In order to do this the City must execute a Memorandum of Understanding with FDOT. Entering into the Memorandum of Understanding would require the City to fund the difference between the concrete and steel strain poles and the upgrade to the mast arms. Fiscal Impacts: Staff recommends this project be added to the Capital Improvement Plan and funding source be designated during the FY05/06 budget. Commission Action: Reviewed by City Manager /WV Reviewed by City Attorney , ?( N/A Reviewed by Finance N/A Reviewed by _N/A O:\StaffReports\2004\Cover for SR04061 CC.doc Ma or ,SQe Centex of Good L1v g Y Commissioners S. Scott Vandergrift ""� Danny Howell, District 1 Scott Anderson, District 2 City Manager S, Rusty Johnson,District 3 Robert Frank _ Nancy J. Parker, District 4 STAFF REPORT To: The Honorable Mayor&City Commissioners From: Terry L. James, AICP Principal Planner U" Through: Russ Wagner, AICP Community Development Director Date: October 11, 2004 Subject: Resolution 2004-10 FDOT SR 50 Signal Mast Arm Upgrades FDOT-Ocoee Memorandum of Understanding ISSUE: Should the Mayor and City Commissioners adopt Resolution # 2004-10 authorizing the execution of a Memorandum of Understanding with the Department of Transportation for the provision of mast arms for traffic signals on SR 50? BACKGROUND: The Florida Department of Transportation (FDOT) is currently designing the widening of SR 50/Colonial Drive from SR 429/Westem Beltway to Good Homes Road. This project is planned to begin within 5-6 years. The Ocoee section of this roadway includes the following five signalized intersections: Maguire Road, Old Winter Garden Road, Blackwood Avenue, Clarke Road, and the West Oaks Mall entrance. The FDOT standard for signalized intersections is concrete and steel strain poles. The City of Ocoee wishes to upgrade these signalized intersections from this standard to mast arms. In order to include these upgraded intersection signals in the current FDOT plans, the City of Ocoee must execute a Memorandum of Understanding with FDOT. DISCUSSION: Entering into this memorandum of understanding would require the City to fund the difference between the concrete and steel strain poles and the upgrade to the mast arms. This upgrade is consistent with the adopted SR 50 Activity Center Plan contained within the Ocoee Comprehensive Plan. The City of Oakland,the City of Winter Garden, and Orange County have already entered into the FDOT Memorandum of Understanding concerning these upgrades for their respective sections on SR 50. The City of Ocoee is the only remaining local government City of Ocoee • 150 N Lakeshore Drive •Ocoee, Florida 34761 phone: (407)905-3100•fax: (407)656-8504 •www.ci.ocoee.fl.us Resolution 2004-10 Mast Arm Upgrades FDOT-Ocoee MoU Page 2 of 2 without the required FDOT Memorandum of Understanding. The funding for these five intersections will cost approximately $400,000. Staff recommends this project be added to the Capital Improvements Plan and funding source be designated during the FY05/06 budget. RECOMMENDATION: Based on the analysis above, the Staff recommends the Mayor and City Commissioner adopt Resolution 2004-10 authorizing the execution of the Memorandum of Understanding concerning upgrading of mast arm signalization on SR 50 in accordance with the City's design and color standards. Attachments: Resolution 2004-10 with FDOT-Ocoee Memorandum of Understanding O:\Staff Reports\2004\SR04061 CC.doc RESOLUTION NO.2004- 10 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE PROVISION OF MAST ARM SIGNALIZATION AT CERTAIN INTERSECTIONS IN COOPERATION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; APPROVING AND AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the policy of the State of Florida, Department of Transportation ("FDOT") and the City of Ocoee, a Florida Municipal Corporation (collectively, the "Parties") to cooperate with each other in order to maximize the use and allocation of the monetary resources each are entrusted with,and WHEREAS,FDOT currently has an ongoing project of widening and improving SR 50 from SR 429 to Good Homes Road, some of which is located within the boundaries of City of Ocoee,and WHEREAS, FDOT is completing the design phase for SR 50 that includes the intersections of SR 50 and Maguire Road, Old Winter Garden Road, Blackwood Avenue, Clark Road,and the West Oaks Mall entrance that run within the boundaries of City of Ocoee,and WHEREAS, the City of Ocoee (the "City) desires to have all referenced intersections upgraded from standard FDOT Concrete/Steel Strain Pole Signalization to Mast Arm Signalization,and WHEREAS, it is the intent of FDOT, in regard to the design phase of the segment of SR 50 from SR 429 to Good Homes Road, to undertake and to complete the project that will include the Mast Arm Signalization upgrades. 006.348419.1 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are hereby incorporated by reference. SECTION 2. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 3. Approval and Signatory Authorization. The City Commission hereby approves the Memorandum of Understanding with the Florida Department of Transportation (as attached hereto as Exhibit"1") and authorizes execution thereof by the Mayor and City Clerk. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 006.348419.1 -2- PASSED AND ADOPTED this day of ,2004. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Beth Eikenberry,City Clerk S. Scott Vandergri$,Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this_day of ,2004. FOLEY&LARDNER LLP By: City Attorney 006.348419.1 -3 "EXHIBIT 1" MEMORANDUM OF UNDERSTANDING THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION And THE CITY OF OCOEE, A FLORIDA MUNICIPAL CORPORATION WHEREAS, it is the policy of the State of Florida, Department of Transportation and of the City of OCOEE, a Florida Municipal Corporation to cooperate with each other in order to maximize the use and allocation of the monetary resources each are entrusted with, and WHEREAS, the Department of Transportation currently has an ongoing project of SR 50 widening and improvements of from SR 429 to Good Homes Road, some of which are located within the boundaries of City of Ocoee,and WHEREAS, the Department of Transportation is completing the Design phase for SR 50 that includes the intersections of SR 50 and Maguire Road, Old Winter Garden Road, Blackwood Avenue, Clark Road, and the West Oaks Mall entrance that run within the boundaries of City of Ocoee, and WHEREAS, the City desires to have all of the referenced intersections upgraded from standard FDOT Concrete/Steel Strain Pole Signalization to Mast Arm Signalization designed in accordance with City of Ocoee Activity Center Mast Arm Design and Color Standards. NOW THEREFORE, in consideration of the foregoing and on the basis of establishing the expectations of and the obligations of each party hereto, the parties agree as follows: 1. The Memorandum of Understanding establishes the expectations and general obligations of each party and it further anticipates that separate agreements may need to be entered into to put into effect the desires of the parties. 2. The parties understand and agree that prior to any funds being expended or encumbered that would allow the Department of Transportation (hereinafter "Department") to undertake the project with contribution by City of Ocoee (hereinafter "the City")that a Locally Funded Agreement will need to be entered into by and between the parties hereto so as to allow and provide the terms and conditions of the City contributing to the Department and to establish the obligation of the City to pay the costs incurred by the Department for the Mast Arm Upgrades for all of the referenced intersections should the City fail to perform or to undertake their obligations. 3. In regard to the Design phase of this segment of SR 50 from SR 429 to Good Homes Road, it is the intent of the Department to undertake and to complete the project that will include the Mast Arm Signalization upgrades.Notwithstanding this stated intent, the parties recognize and agree that the Department has limited funding in its work program (design funds only) to undertake any of the work identified herein. Unless and until said project is fully funded, the Department does not have any ability to undertake any of the tasks outlined herein. 4. If and in the event the work program is funded to allow said work to be undertaken, it is the intent of the Department to approach the construction phase of the project so as to include the Mast Arm Signalization upgrades that will ultimately benefit the City. The City agrees to be responsible for the difference in the cost to the Department for standard FDOT Concrete/Steel Strain Pole Signalization versus Mast Arm Signalization designed in accordance with City of Ocoee Activity Center Mast Arm Design and Color Standards. The City shall be responsible to pay to the Department, pursuant to the terms of a Locally Funded Agreement the difference in the costs of Mast Arm signalization. The Department shall be responsible for the costs of the design of the project. 5. In the event the City requests a non-standard Mast Arm style or design, the Department must review and approve the style or design to ensure that the Department's specifications are met. Additionally, if the City requests a non-standard style or design without a standard index, the City shall be responsible for all additional design cost for the specialty Mast Arms, as well as the construction costs mentioned in item 4 above. 6. In the event the City, after the Department has undertaken the design to reconstruct and add additional lanes with the Mast Arm Signalization upgrades included, backs out and decides not to fund the Mast Arm Signalization upgrades, the City will be responsible for the cost of the Department to redesign the project without Mast Arm Signalization upgrades. 7. The Department's obligations hereunder are contingent on the appropriation of funds to accomplish the work described herein. In the event funds are not allocated to the Department to accomplish the tasks set forth herein, the Department shall be deemed to have no legal responsibility to perform under the terms of this agreement. 8. Construction funding from the City shall be due at least 90 days prior to the advertisement of the Department's bid request, pursuant to the terms of a Locally Funded Agreement. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Beth Eikenberry,City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED ,2004 READ FIRST TIME 2004 READ SECOND TIME AND ADOPTED ,2004 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA APPROVED AS TO FORM AND LEGALITY this day of ,2004. FOLEY&LARDNER LLP By: City Attorney STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION By: Noranne B. Downs Title: Director of Transportation Development Date: