Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - May 23, 2017
May 23, 2017 - Regular Meeting
Agenda Item #36

Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement FY17/18


Contact and/or Presenter Information

Aaron Burkett, Traffic Operations Division Manager, Ext. 7509

Sage Kamiya, P.E., PTOE, Deputy Director, Traffic Management, Ext. 7425

Action Requested
Authorize the Chair to execute the Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation for FY 2017-2018, and adopt Resolution R-17-049 authorizing the execution of a traffic signal maintenance and compensation agreement with the Florida Department of Transportation and providing for an effective date.

Enabling/Regulating Authority

Florida Statute Chapter 125 - County Government

Resolution R-02-253

Background Discussion

The Board of County Commissioners executed a Master Agreement with the Florida Department of Transportation (FDOT) on September 17, 2002, for the operation and maintenance of the traffic signals located on State Highways within the unincorporated portion of Manatee County. The agreement requires the County to operate and maintain the traffic signals on State Highways in compliance with the rules and standards of the FDOT in exchange for compensation to the County by a statewide formula developed by the FDOT.

Each year the FDOT submits a revised Exhibit 'A' to the Master Agreement that establishes the current list of traffic signals and device locations and the amount of compensation due for each device location under the formula for the Board's review and approval.

On February 9, 2016, the Board and the FDOT executed an update to this Master Agreement. This update included new maintenance requirements and compensation for additional devices above and beyond what was included within the previous agreement.

Several agencies throughout the state did not believe the updated agreement met their specific needs, consequently they remained on the 2002 Agreement.  As a result, the FDOT Central Office amended the agreement and is now requesting that maintaining agencies execute the amended agreement for FY17/18.

The amendments to the agreement include:

  • New reporting requirements for maintenance actions.
  • The FDOT is now responsible for pursuing any 3rd party damages.
  • Added Force Majeure clause.
  • The FDOT is now responsible for periodic mast arm maintenance.
  • Providing more time to repair critical detectors to 90 days (previous agreement was 60 days).
  • Decreased inspections to 50% of signals every year (previous agreement was 100% per year).
  • Deleted mast arm maintenance checklist in Exhibit 'C'.
  • Added new Exhibit 'C' with a form for damage claim reimbursement.

The County Attorney's Office (CAO) and Public Works staff have reviewed the amended agreement and have worked with the FDOT in an attempt to clarify the changes contained in the amendment.  The CAO has expressed concerns about some unfavorable language (see attached) in the proposed agreements; however, they have stated these are business decisions.

Public Works staff has negotiated with the FDOT to improve the agreement where possible, to the County's benefit. The outstanding CAO items are business decisions; which should not negate the beneficial, positive relationship between Manatee County and the FDOT.

Public Works staff has also reviewed the proposed Exhibit 'A', as part of this agreement, and find it to be a complete and accurate listing of the traffic control devices operated and maintained by the County under the terms of the agreement with the FDOT.

The total compensation for FY16/17 was $435,828. The proposed total compensation for FY17/18 is $453,672.

Staff recommends the Board approve the FDOT Traffic Signal Maintenance and Compensation Agreement FY17/18 and adopt Resolution R-17-049.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please return two partially executed forms to Mary Moeller, Public Works Dept., for transmittal to the FDOT.  A fully executed copy will be returned to Board Records.

Cost and Funds Source Account Number and Name
$453,672 payment to Manatee County/FDOT - 1010020707 Traffic Operations

Amount and Frequency of Recurring Costs
FDOT reimburses for a portion of the costs to Manatee County for Annual M&O.

Attachment:  FY17-18 TSMCA 5-5-17.pdf
Attachment:  Current Agreement FY15-16.pdf
Attachment:  TSMCA Resolution 17-049.pdf
Attachment:  Response to CAO Matter No. 2016-0661 dtd 10.4.16.pdf