Item #06 Memorandum of Understanding - FDOT Intersection Improvements as Ocoee Hills Road and SR 438 (Silver Star Road) ti ce nter of Good zi
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AGENDA ITEM COVER SHEET
Meeting Date: January 3, 2012
Item # W
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager: % f�i��
Subject: Memorandum of Understanding — FDOT Intersection Improvements at Ocoee Hills Road
and SR 438 (Silver Star Road). District 2.
Background Summary:
Through the Management and Operations Subcommittee of Metro Plan Orlando, the FDOT has begun
the design of the intersection improvements on SR 438, Silver Star Road, from 2nd Street to Olympus
Drive. This project includes the widening of the roadway to accommodate a new traffic signal and turn
lanes at the Ocoee Hills Road intersection. The City has requested the signal be upgraded to a mast
arm system from the traditional strain -pole system. The FDOT has made the standard request for the
City to pay the material cost differential to construct the mast arm upgrade. The Memorandum of
Understanding confirms the City's desire to fund the upgrades and allows the design to move forward
utilizing a mast arm signal system. The projected additional costs of $45,000.00 are to be funded in the
2012/2013 budget.
The FDOT has scheduled a Public Information Meeting for the project on February 29, 2012, in City Hall
Conference Room 109 from 5:00 pm to 8:00 pm. Construction is currently scheduled for the summer of
2013.
Public Works recommends approving the Memorandum of Understanding with the FDOT for the upgrade
to utilize mast arm signals for the subject intersection improvement project.
Issue:
Request the City Commission to approve the Memorandum of Understanding with the FDOT for the
intersection improvement project on SR 438 at Ocoee Hills Road.
Recommendations
Recommend the City Commission approve the Memorandum of Understanding, FM # 430569- 1- 52 -01,
with the FDOT, and authorize the Mayor and City Clerk to execute the Agreement for the upgraded
signal system for the SR 438 & Ocoee Hills Road intersection improvement project.
Attachments:
Two (2) copies of the Memorandum of Understanding FM # 430569- 1- 52 -01.
Financial Impact:
The $45,000.00 for the signal upgrades will need to funded in the 2012/2013 budget.
Type of Item: (please mark with an 'x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. arYt h(44t91A i N/A
Reviewed by ( ) N/A
2
FM# 430569- 1 -52 -01 Original Draft: 9/13/2011
Page 1 of 3 Revised: 12/14/2011
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 for intersection
improvements on SR 438 (Silver Star Road), consisting of traffic signals and turn lanes at the
intersection of Ocoee Hills Road, which is located within the boundaries of City of Ocoee; and
WHEREAS, the Department of Transportation is completing the Design phase for SR 438 that
includes the intersection of Ocoee Hills Road that runs within the boundaries of City of Ocoee; and
WHEREAS, the City desires to have the referenced intersection upgraded from Standard FDOT
Concrete /Steel Strain Pole Signalization with Video Detection Equipment to Painted Mast Arm
Signalization with Video Detection Equipment, including Traffic Signal Preemption, hereinafter
referred to as the "Additional Improvements."
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 referred to as the "Department ") to
undertake the project with funding from the City of Ocoee (hereinafter referred to as 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 Additional
Improvements, for the referenced intersection, should the City fail to perform or to undertake their
obligations.
3. In regard to the Design phase of this segment of SR 438 at Ocoee Hills Road, it is the intent of
the Department to undertake and to complete the project that will include the Additional
Improvements. All mast arms will be designed per the latest FDOT Design Guidelines (Chapter 29
PPM Volume 1). 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 for construction 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
FM# 430569- 1 -52 -01 Original Draft: 9/13/2011
Page 2 of 3 Revised: 12/14/2011
include the Additional Improvements that will ultimately benefit the City. The City agrees to be
responsible for the difference in the cost of the standard FDOT Concrete /Steel Strain Pole
Signalization and the Additional Improvements. The City shall be responsible to submit an advance
deposit to the Department, pursuant to the terms of a Locally Funded Agreement, for the difference in
the costs of the Additional Improvements. Once the Additional Improvements are constructed, the
City understands that it will be their responsibility to inspect; maintain; maintain paint; repair and
replace the steel mast arms, the video detection equipment and the traffic signal preemption, in
perpetuity. 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 Painted Mast Arms, as well as the
construction costs mentioned in item 4 above.
6. In the event the City backs out and decides not to fund the Additional Improvements after the
Department has undertaken the design to include the Additional Improvements, the City will be
responsible for the cost of the Department to redesign the project without the Additional
Improvements.
7. The City agrees and understands that if, and in the event, that the Additional Improvements are
constructed as a part of the project, that:
(a) The Department shall own the Additional Improvements; and
(b) The City shall be responsible to maintain the Additional Improvements.
8. 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.
9. In the event that the construction phase is funded in the Department's work program, the
funding from the City shall be due at least 60 days prior to the Department's advertisement for bid
request, pursuant to the terms of a Locally Funded Agreement.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Name: Frank O'Dea, P.E.
Title: Director of Transportation Development
Date:
Attest:
Executive Secretary
FM# 430569- 1 -52 -01 Original Draft: 9/13/2011
Page 3 of 3 Revised: 12/14/2011
CITY OF OCOEE SIGNATURE BLOCK WITHOUT WITNESSES AND
WITHOUT NOTARY
CITY:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 20
LEGALITY this day of UNDER AGENDA ITEM NO.
, 20 .
FOLEY & LARDNER LLP
By:
City Attorney