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Item C25County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: C25 Agenda Item Summary #2858 BULK ITEM: Yes DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329 N/A AGENDA ITEM WORDING: Approval to execute updated Exhibit A to Traffic Signal Maintenance & Compensation Agreement 4ARU48 with Florida Department of Transportation (FDOT) to reflect compensation amount for 7/1/2017 - 6/30/2018 contract year. ITEM BACKGROUND: Monroe County is the maintaining agency for traffic signals on US 1 that regulate intersections of US and county roads. The current maintenance agreement was approved in January 2017; Exhibit A, which lists traffic signals and annual compensation amounts is updated annually. PREVIOUS RELEVANT BOCC ACTION: Monroe County BOCC approved Traffic Signal Maintenance and Compensation Agreement ( 4ARU48) on May 20, 2015. Monroe County BOCC approved Amendment to the Traffic Signal Maintenance and Compensation Agreement along with Attachment 1: Revised Terms and Conditions for the Traffic Signal Maintenance and Compensation Agreement on September 21, 2016. This Amendment and Attachment 1 was executed by FDOT on January 17, 2017. CONTRACT /AGREEMENT CHANGES: Update to Exhibit A to reflect annual increase in compensation amount per the previously approved Traffic Signal Maintenance & Compensation Agreement STAFF RECOMMENDATION: Approval of updated Exhibit A DOCUMENTATION: Exhibit A - CAY stamped Amendment & Attachment 1 to TSMCA_EXEC - 1 -17 -17 _ARU48 - TSMC Agreement EXEC 7 -16 -15 FINANCIAL IMPACT: Effective Date: 7/1/2017 Expiration Date: 6/30/2018 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: FDOT CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Judith Clarke Completed 03/28/2017 2:45 PM Christine Limbert Completed 03/28/2017 2:55 PM Budget and Finance Completed 03/28/2017 4:52 PM Maria Slavik Completed 03/28/2017 4:54 PM Kathy Peters Completed 03/28/2017 8:34 PM Board of County Commissioners Pending 04/12/2017 9:00 AM STATE OF FLOWDA OEPARTMEW OPIRANWORTATRON ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT completion or all services detailed In this Agreement for this time period the Department w Maintaining Agency Date District Traffic Operations Engineer Date vp { Reimbursement for Maintenance and Operation MONROE COUNTY Exhibit A Compensation for Maintaining Traffic Signals and all other Devices for FY 2017 -2018 Effective Date: from July 1, 2017 to June 30, 2018 Traffic Signal - Interse tlan c aede�tttian Emergency speed Activated Unlnterruptl6le Compensation Intersection Location Traffic Interconnected Control Flashing Fire Dept. Warning Oisplay Traffic Warning Travel Time Power Supplies Amount (using Signal (TS) & monitored Beacon (SAWD) or Blank Beacon ( B) Detector Unit Rates from (IMTS) Beacon (ICB) (PFB) Signal (FDS) Out Sign (BOS) (UPS) Exhibit B) Cross Street Stock Island x $3,115.54 MacDonald Ave Stock Island x $3,215.54 Crane Boulevara x S3,21554 Sugarloaf Key Key Deer Blvd Big Pine Key x $3,21554 Ocean Boulevar x $3,21554 Tavernier A tlantic A ve/ Ocean Bay Or x $3,215 54 Key Largo Tarpon Basin r Tradewinds Plata x $3,215 54 Key Largo Sugarloaf Blvd Sugarloaf Key X $804 14 3rd Street Stock Island K $1,125.59 Emerald Drive Big Coppitt Key K $1,12559 MM6B 3 City of Layton Sc $1,125 -59 To ay Marine Avenue x $1,125,59 Tavernier East Drive Key Large x 1,125.59 $ CR905 Key Largo x $1,125.59 Mid -Block Crossing x $642.90 Key Largo Elementary School K $64290 Key Largo Total Lump Sum $31,352.26 Amount' 'Amount paid shall be the Total Lump Sum (minus any reto -Wage or forfeiture ), completion or all services detailed In this Agreement for this time period the Department w Maintaining Agency Date District Traffic Operations Engineer Date vp { STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDMENT TO THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT CONTRACT NO. q�� FINANCIAL PROJECT NO. 46 f-P'l F.E.I.D. NO, AMENDMENT NO. THIS AMENDMENT THE TAFF SIGNAL AND MAINTENANCE AGREEMENT ("Amendment") is made and entered into on this Z? day o 201 by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("Department" an ag nc fthe St te of Florida, and Monroe County, ("Maintaining Agency"). RECITALS C , WHEREAS, the Department and the Maintaining Agency on entered into a Traffic Signal Maintenance and Compensation Agreement ("Agreement"). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: All the terms and conditions of the Agreement are superseded and replaced in their entirety by the terms and conditions contained in Attachment 1", Revised Terms and Conditions for the Traffic Signal Maintenance and Compensation Agreement, attached to and incorporated into this Amendment. IN WITNESS WHEREOF, the undersigned parties hav6 this Amendment on the day, month and year set forth above. NROE COUNTY aintaining Agqncyj By Print/Type Name: Title: Mayo Attorney: __ lorized Signature) Geor ze Neu2en r/Chai Date: STAIE OF FWRIDA DEPARTMENT OF TRANSPORTATION ' By�j (Authorized Signature) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 06116 TRAFFIC SIGNAL MAINTENANCE MAINTENANCE AND COMPENSATION AGREEMENT AGREEMENT Page ,Cfo CONTRACT NO. F|MANCAALPRDJECTNO, ' The following terms and conditions replace and supersede all the existing terms and conditions contained within the Traffic Signal and Maintenance Agreement: A. The Department inauthorized under Section J35,055 Florida e���ia��m� ��3 o , ~u��u |�­1—z,o/� B. The Maintaining Agency is authorized under action of the Monroe County BOCC to enter into this Agreement and has authorized its undersigned representative to enter into and' execute this Agreement on behalf of the Maintaining Agency. NQVV THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged, the parties mutually agree and covenant aahoUmwo� The term "Traffic Signals and Devices" is defined as fol|ows� all traffic signals, interconnected and monitored traffic signals ("UMTS) (defined as signals that are interconnected with telecommunications and are monitored eoacentral location), traffic signal systems (defined as central computer, cameras, message signs, communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and aoftmare, preemption deviceo, and unintenup{ib[o power supplies ("UPS^)), control devices (defined as intersection control beaoonm, traffic warning bemooms. W|umimu1ad street name sigms, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing b*momny. and Rectangular Rapid Flashing Bemomnm)). blank-out signs, travel time detectors, emergency/fire department signals, speed activated warning displays, and other types of traffic signals and devices specifically identified within Exhibit A which are located on the State Highway System within the jurisdictional boundaries of the Maintaining Agency. The Maintaining Agency shall be responsible for the maintenance and unmMnwouu operation of Traffic Signals and Devices ("Project"). The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with upomtium ofTraffic Signals and Devices upon completion of installation of each of the Traffic Signals and Devices. The Department agrees tm pay the Maintaining Agency an annual compensation amount based un the Department's finua yeoc The compensation amount consists of the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A, which is attached and incorporated into this Agreement. Compensation wiQ also bemade for costs incurred for the repair and/or replacement of damaged Traffic BOneyo and Devices as identified in Exhibit C. attached and incorporated into this Agreement. Payments by the Department will be mode in ouonpdaouo with Exhibit B. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devio*a, and uhoU undertake the maintenance and continuous operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department, Prior 1u any final acceptance of the installation by the Department. the Maintaining Agency will have the opportunity to inspect and request modifications orcorrections to the imn1mUedum(m) and the Department agrees to undertake those modifications or corrections prior io final acceptance oo long mu the modifications or corrections comply with the Agreement, signal plans, and speoifioahonu previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Oeportment, during conotmction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. If Traffic Signals and Devices are damaged and the Maintaining Agency did not cause the damages, then the Department shall reimburse the Maintaining Agency for the actual costs incurred by the Maintaining Agency for repairs and/or replacement of Traffic Signals and Devices, once the following occurs: o. The Department has approved a properly completed invoice for reimbursement that was provided to the Department outlining the deta of the requested neimbu/syments�and b. Evidence of the costs incurred were included asonattachment to the invoice. Exhibit C sets forth additional conditions that apply when the Maintaining Agency seeks to obtain reimbursement for costs � incurred for repair and/or replacement of damaged Traffic Signals and Devices, Exhibit C also serves oaa form invoice that can be used by the Maintaining Agency. The Maintaining Agency shall obtain written approval from the Department regarding the � appropriate method of repair and/or replacement of damaged Traffic Signals and Devices prior to performing repair and/or replacement work. |f there ioan immediate risk Vo public safety due Lo damaged Tn*ffioSignals and Devices and the Maintaining Agency is unable to immediately obtain the Department's written approval regarding the method of repair and/or replacement, then the Maintaining Agency shall immediately repair and/or replace the Traffic Signals and Devices. The Maintaining Agency shall notify the Department within thirty (30) calendar days of becoming aware of any damage toTraffic Signals and Devices caused by third parties. The Department shall be responsible for pursuing reimbursement from individuals and/or t Packet Pg. 900 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE »m'a n"�°zwo TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT who cause damages and are liable for replacement and/or nepairoostsboTrafficSignalsandDevioeo. If the Maintaining Agency causes damages to the Traffic Signals and Devices, then the Maintaining Agency shall repa andlor replauetheTraffioSignals and Devi*ao, and the Maintaining Agency ohmU be fully responsible for the cost ofrepair and/or replacement to the extent the damages were caused by the Maintaining Agency. 4 The Maintaining Agency shall maintain and operate the Traffic Signals and Devices immmamner1had will ensure safe and efficien movement of highway maintenance practices prescribed by the [mtemodone| Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. 5. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates, preventive maintenance (periodic inapeodon, mnrvioo, and nomdme pepairs), res of services, and emergency maintenance (troubleshooting in the event of equipment malfunction, failure, or damage). Restoration of services may include temporary poles and/or signals, stop signs or other methods tn maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log, am they occur, and include this au part of the annual report, highlighting the time it took 0n restore the normal service and number of times such events occurred. G Neither the Maintaining Agency the Department shall be liable toth other for any fa ilure to perform under this Agreement to the extent such performance is prevented by a Force Majeure Event and provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. A "Force MajemEven means t occurrence ot (a) on act of war, hosti invasion, act of foreign enemies, riot, terrorism ur civil disorder; (b) act ofGod (much au, but not limited ho, hres, exp|oeiono, oarthqmaWos, dmught, hurricanes, stomna. Ughtning, kzmadoa, tidal waves, floods, extreme weather orenvironmental cumditionn, and other natural calamities); (c) m another event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence. The Department intends to conduct e structural inspection of the mast arm structures every sixty (60) months, The inspection report will serve as ninety 090 days notificat 1m the Maintaining Agency that deficiencies exist that require preventive maintenance. Preventive maintenance of the mast arm structures includes, but is not limited to, spot painting, cleaning, all wiring repair and replacement, Qrmffid nammval, all signal e|m8ed ivauoo (including |iQhbng, signs and connections), tightening of nuts, replacing missing or deficient bolts, replacement of missing cap covers or equivalent, replacement of missing or deficient access hole cover plates, repairing improper grounding, and repainting any painted mast annu installed after April 30, 2015. If the preventive maintenance is not carried out after the expiration of the 90-day notice given to the Maintaining Agency, the Department shall withhold 8,33% up to a maximum of 25% of the total annual compensation amount under this Agreement for the affected signal locations each month. Any and all work performed by the Mainta Agency must conform to the ounark Department Standard 5p*cifiva#mmu for Road and Bridge Construction eeapplicable. Mast arms that the Department determines \ub*mt the end mf their useful life cycle will be replaced by the Department so long as documented preventive maintenance was satisfactorily performed by the Maintaining Agency. In the case of a total paint failure, as determined by the Department, on a mast arm installed prior to April 3O.2O15. the Department may repaint or replace with a galvanized mast arm. The aforementioned requirement does not apply to any mast arm that was installed under a separate mast arm paint finish agreement in such case, the terms of that agreement shall govern, g The Mainta Agency may remove any component oftheinvtaUedequipmentfonnapairurtesdng howevor,bmhaUonlymake permanent modifications orequipment replacements and only if the equipment provided is capab|aof performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 10. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in a000mdmmoe with the Department's timing and phasing p|amm, spaoifico*ono, special pmviaionm. Department re-timing pnojects, and the Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle 1emg<h, split, offsets) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State cf Florida. The Maintaining Agency shall make available a copy of the timings 0z the Department upon request. The Department reserves the right to examine equipment, timing and phasing aL any time and, after consultation with the Maintaining Agency, may specify modifications. |f the Department specifies modifioedonin timing or phasing, implementation of such modifications will be coordinated with, or made by. the Maintaining Agency, AN signal timing and phasing records shall be retained by the Maintaining Agency for at�eastthree (3) yeono, and will be made available tothe Department upon request. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT TRAFFIC TRAFFIC C� OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 06/116 r�°x°,o TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 11 The Maintaining Agency shall note xn the maintenance log any changes in timings and phasings, and keep a copy of the timings and phas and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 12. The Maintaining Agency and the Department shall update Exhibit A on an annual basis through an amendment of this Agreement. The Maintaining Agency designates Monroe County BOCC aa its authorized repreaentative(a). who in delegated the authority to execute any and all amendments to Exhibit A of this Agreement on behalf ofthe Maintaining Agency. Exhibit A contains a list of Traffic Signals and Devices that identifies their location and type. No changes mr modifications may bemade < to Exhibit A during the Department's fiscal year for compensation. Traffic Signals and Devices added by the Department during its finoa|year must be maintained and operated by the Maintaining Agency upon the Department's final acceptance of installation of the new TraffioSignals and Devices, The Maintaining Agency and the Department shall amend Exhibit A prior to the start of X W each new fiscal year of the Oepa4 � ment�mre��theadditiomo/emova|ofTnmf§cSigna|oundDevioes.TheK8aintainimgAgonoy will begin receiving compensation for new 7reffio Signals and Devices that were added to Exhibit A by amendment of this Agreement in the Department's fiscal year occurring after the Traffic Signals and Devices are installed and final acceptance of such installation is given by the Department. In the event that no change has been made to the previous year's Exhibit A. m CL certification from Maintaining Agency shall be provided to the Department certifying that no change has been made to Exhibit � .. Ain the Department's previous fiscal year. The annual compensation vm|Ubna lump sum payment (minus any retainageor � forfeiture) �� the provisions as set forth in Exhibit B. attached toand incorporated in this Agreement. Some uf the Traffic Signals and Devices may not be listed in Exhibit because the cost ofoperating and maintaining such devices is relatively small, The Department �~ has factored in these costs and the compensation provided through this Agreement also covers the cost of operation and maintenance for Traffic Signals and Devices that are not listed in Exhibit A. 13. Payment will be made |n accordance with Section 215422. Florida Statutes. � ^ 14. There shall hanu reimbursement for travel expenses under this Agreement, X 15, Bills for fees or other compensation for services or expenses shaN be submitted in detail sufficient for proper pre-audit and | pnut'audkUhenaof. 18� The Maintaining Agency should be aware of the following time frameo Inspection � ' �0 mu longer than twenty (20) working days. The Department has twenty (20 days Lo deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, IT If payment is not available within forty (40) dmyo, m separate interest penalty at a rate as established pursuant to Section 55.03(1). Florida Statwtas, will be due and payable, in addition to the invoice armnunt, to the Maintaining Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to ~~ a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the payment The invoice 06 payment requirements do not start until a properly completed invoice is provided tothe Department. 18. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include mohmg as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s) from a state agency, The Vendor Ombudsman may be contacted a1(050413-5518. 19. Records of costs incurred under the terms of this Agreement shall be maintained and mode available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment iu made. Copies ofthese documents and records shall be furnished to the Department upon request, Records nfcosts incurred include the Maintaining Agency's general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered W necessary by the Department for e proper audit ufcosts. < 20. |f. after Project nonmp|edon, any claim is made by the Department resulting from an audit or for work or services performed pursuant tm this Agreement, the Department may offset such amount from payments due for work or services done under any aqreement which it has with the Maintaining Agency owing such amount if, upon demand, payment of the amount is not made within 8D days $o the Department, Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Deportment- 27 The Maintaining Agency must submit the final invoice on the Project to the Department within 120 days after termination ofthe Agreement. Invoices submitted after the 12O-dmy time period may not bepaid 22 In the event this contract is for services in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: STATE opFLORIDA DEPARTMsNT OF TRANuPORTAnON ��mo ATTACHMENT I TRAFFIC ��O��/|S��[}TEF�00SAy�[JC�[}�d[�/TNC>yW��F{3��THE OPERATIONS TRAFFIC SIGNAL MAINTENANCE MAINTENANCE AND COMPENSATION AGREEMENT AGREEMENT Page +mv "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted ma available for expenditure during such fiscal year. Any contract, verbal ur written, made im violation of this subsec is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract ao made shall he executory only for the value of the services Yo be rendered or agreed to be paid for in succeeding fiaoa| yeam� and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1year.^ 23. The Department's performance and obligat {o pay under this Agreement is contingen upon an annual appropriation bythe Legislature. If the Department's funding for this Project is in multiple fiscal yemm, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding |ove|u by fiuoa| year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior oz funds approval being received, The Department will notify the Maintaining Agenoy, in wrihng, when funds are available. 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discr Vendor List may not submit m bid on m contract to provide any goods or services to m public entity, may not submit n bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.Aperson or affiliate who has been placed on the convicted vendor list following a conviction for o public entity crime may not submit a bid on o contract Uz provide any goods or services to a public entity, may not submit bid on e contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public enbg/, may not be awarded or perform work as e oontractor, supp|ier, oubonntrao1or, or consultant under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (38) months from the date of being placed on the convicted vendor list. 26. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work ona contract with the Maintaining Agency. 27 The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized o|iema, such violation will be cause for unilateral cancellation of this Agreement. 28. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or state agency. 28. The Maintaining Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project, 30. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and will bathe basis of all decisions regarding payment reduction, reworking. A0momon{ termination, orrenewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A. the Department has the option of (m) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within m specified time, otherwise the Department aho|| deduct payment, suspend funds, or terminate funds for any deficient maintenance of Traffic Signals and Oewim*m that has not been correc at the end of such time, or(b) take whatever action ia deemed appropriate hy the Department. Any deduction in payment, suspension uf funds, or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 31 The Department shall monitor the pedbnnanoa of the Maintaining Agency in the fulfillment of its responsibilities under the Agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following: a. Ch{iom| Detection device malfunctions: Critical Detection devices include the detectors an side-streets and in left turn lanes on the main streets, and all pedestrian/bicycle detectors. Repairs to the side-street and main street left turn detectors shall be made within ninety (90) days and pedestrian detectors within seventy-two (72) hours of discovery. The Maintaining Agency shall ensure that 90% of all Critical Detection devices system wide are operating at all times. At any time the level drops below 90%, the Maintaining Agency mAmU notify the Department and correct the situation within a time frame determined in the sole discretion of the Department. Discovery and correction dates for Critical STATE ��Ri[)ADEPARTM OF TRANSPORTATION 750-010-22 ATTACHMENT TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 06/16 TRAFFIC SIGNAL MAINTENANCE MAINTENANCE AND COMPENSATION COMPENSATION COMPENSATION AGREEMENT Pa smn Detection device malfunction shall be logged into the annual report. If the repairs cannot be performed within stipulated hmes, the agency shall document the reason(s) why in the annual report. W the 90% Critical Detection device requirement is (are) not met, a 10% retainage of the total annual compensation amount (as shown in Exhibit B) for the affected Critical Detection device location(s) each month will be withheld after the 90-day period. Traffic signal preventive maintenance inspections�Traffic signals shall receive a comprehensive preventive maintenance Inspection on at least 50% of all traffic signals annually, alternating the remaining 50% the following year. Preventive maintenance inspection shall include verification that all detection is working, the traffic signal in cycling properly, the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance ahmU also verify power feed voltages, verify that the vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, and check hinges and door locks. At least one (1) conflict monitor test shall be performed on 50Y6 of traffic signals annually, alternating the remaining 5OY6 the following year. Each test is0obe documented and included in the annual report to the Department. The inspection report shall note the location, date of inspection, and any items noted. If 50% of the traffic signals do not receive at least one (1) comprehensive preventive maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual compensation amount for the affected traffic oiAma| locations umi|| the preventive maintenance inspection is made, If not performed within the state's fiscal year, the 20% m&nimage of the annual compensation amount for the affected traffic signal locations will be forfeited. c For any traffic signals that are interconnected with telecommunications and their real-time operation iaelectronically monitored via software by personnel at a central location and are therefore receiving the higher compensation amount au described in Exhibit B. the name(s) and title(s) of those monitoring those intersections, and the location of the central monitnringtmci|i|y(ies). are no be documented and contained in the annual report submitted 0nthe Department. 32. The Ma Agency may enter into agreements with other parties perta to Traffic Signals and Devices includimO, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of Traffic Segna|omndDevimea on the State Highway Syutem, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 33. This Agreement may not be assigned or transferred by the Mainta Agency in whole or in part without prior written consen of the Department. 34. The Maintaining Agency shall allow public access to all documents, papers, letters, m other material subject to provisions of Chapter 11Q. Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement. 35. At no additional cost to the Department, the Maintaining Agency shall provide the Department access to all traffic signal data available from the firmware of the traffic signal contro and other devices covered under this Agreement. The Maintaining Agency shall include the Department as u party to all traffic signal firmware/software related agreements that the Maintaining Agency enters into with other parties. 36� This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or um*nfbrceatm(itycf any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of any rights of the Department to enforce its remedies hereunder orat law orinequity. 37. |nnuevent shall the making by the Department of any payment to the Maintaining Agency constitute orba construed asawaiver by the Department of any breach of covenant or any default which may then exist on the part of the Maintaining Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default, 38, The term of this Agreement is twenty (20 years from the date of execution of the Agreement; provided that either party may cancel this Agreement prior to the expiration of the term of this Agreement. A minimum notice period of two (2) years plus the remaining months of the Department's fiooe|year shall be provided mo the other party in writing. Should the Maintaining Agency provide its vvhken notice of cancellation to the Deportment, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. 39. Any Project funds made available by the Department which are determined by the Department to have been expended in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in /u|| to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Maintaining Agency files shall not constitute o waiver ofthe Department's rights and Department has the right to verify all information at STA rE OF FL OmOA DEPARTMENT OF TRANSPORTATION 750�0-22 ATTACHMENT TRAFFIC REVISED TERMS AND CONDITIONS FOR THE OPERATIONS p° TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT late/ date by audit or investigation. Within thirty (30 ) days of the termination of this Ageement, the Maintaining Agency *ho| refund to the Department any balance cfunodigated funds which were advanced o/ paid ho the Maintaining Agency. |m the event the Maintaining Agency fails to perform or honor the requirements and provisions this Agreement, the Maintaining Agency shall return funds in accordance with this paragraph within thirty (30) days uftermination of the Agreement. 40. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, except any specific separate Agreements covering painted mast arm maintenance or any other aspect re lated to the painting of mast arms. 41 The Department n*aemeo the right to remove select critical corridors or critical intersections from the Maintaining Agency obligation under this Agreement. The remaining intersections and corridors would continue tohe covered under this Agreement. The Department will provide o minimum of one year notice prior to take-over ofmaintenance of critical corridors or critical intersections. 42. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facs or electronic transmission /fthis Agreement with a signature on behalf ofu party will be legal and binding on such party. 43. The Department ogn*oo that the Maintaining Agency must comply with State law regarding appropriations and budgets. This Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency. 44. The Maintaining Agency shall: o� utilize the U.G. Department of Homeland Security's E4/arify system no verify the employment eligibility ofall new employees hired by the Maintaining Agency during the term of the Agreement� and b. expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department o/Homeland Security's E4/edfy system Lo verify the employment eligibility ofall new employees hired by the subcontractor during the Agreement term. 45. Unless authorized by law and agreed tmimwri by the Department, the Department will not be liable W pay attorney fees, interest, or cost of collection. 48. The Parties agree to comply with u.20O55(5). Florida Statutes, and 8o incorporate in all subcontracts the obligation to comply with o.20.055(5). Flor Statutes. 47. Exhibits A.B. and C are attached and incor into this Agreement. 48. This Agreement contains all the terms and conditions agreed upon by the parties. S','AIf of 'WRIDA DfPARTMLNI" C7= IRAN SPOR I ATIQN ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Reimbursement for Maintenance and Operation M'ONROE COUNTY Exhibit A Compensation for Maintaining Traffic Signals and all other Devices for FY 2416 -2417 'Effective Date: from July 1, 2015 to June 30, 2017 Traffic Signal - Pedestrian Emergency Speed Activated Compensation Intersection Location Traffic Interconnected ..Intersection Control Flashing Fire Dept. yarning Display Traffic Warning Travel Time power S Power S upp lies res Amount (using Signal ITS) & monitored Beacon (ICB) Beacon Signal (`DS) (SAWO) or Blank Beacon (TWB) Detector (Lips) Unit Rates from (IMTS) {PFB) Out Sign (BOS) ''... Exhibit B) Crass Street Stack island x $3,131 MacDonald Ave Stock Island X $3,131 Crane Boulevard Sugarloaf Key X $3,131 Key Deer Blvd Big Pine Key X 53,131 Ocean Boulevard Tavernier X $3,131 A tlantic Ave Oean Bay Or X $3,131 Key Largo T arpon Basin r Tradewinds Plaza X $3,131 Key Largo Sugarloaf Blvd Sugarloaf Key X $783 3rd Street Stock island X $1,096 Emerald Drive Big Coppitt Key X $1,496 MM68.3 City of Layton X $1,096 J o J ean ay Marine Avenue X 51,096 Tavernier East Drive Key Largo X $1,096 CR905 Key Largo X $1,096 Mid -Block Crossing X $626 Key Largo _... 7VT77 Elementary School X � _... Key Largo Total Lump Sum $30,528 Amount* , VT,uunc pdw snap ae cne I oval Lump Burn imsnus any rercinu age orlorlerture I. f certify that the above traffic signals will be maintained and operated in accordance with the require men ds of the Traffic Signal Maintenance and Compensat:lon Agree anent. For satisfactory cornpleti©n of a:I! services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum (minus any retainage or forfeiture) of Malntaipfng Agency C . (Dot 7is "�' neer — I ate � C F / 111) )5.i ;' I { STATE O� FLOmOA DEPARTMENT OF TRANSPORTATION 750-010-22 A17A[:HKHENT1 ope TR^FFIc RATIONS REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL mv'a MAINTENANCE AND COMPENSAT AGREEMENT exh.*./° Pa `mz EXHIBIT TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT OR PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and method by which payments will be made. 2.0 COMPENSATION FOR MAINTENANCE AND OPERATION For the satisfactory completion of all services related to maintenance and operation detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the To Lump Sum (minus any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment (minus any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service Beginning im the fiscal year 201[-17. for traffic signals that are not interconnected with telecommunications and are not monitored ata central location, the compensation amount shall be $3.131 The compensation amount for traffic signals that are interconnected with telecommunications and are monitored ata central location shall be $4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1.2D18.The Table below shows the compensation amount for the various devices for fiscal years 2015-16 and 2016-17, and Total Lump Sum (minus any ratainagewr forfeiture) Amount for each fiscal year io calculated hy adding all ofthe individual intersection amounts. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number o[ individual beacons orpoles. Unit Compensat Rates per Intersection wnthe State Highway System ^Con:pensationpro+rata based on intersection approaches nr legs um State Highway System. Based un the Consumer Price Index (CP0. the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment k» this Agreement. However, if CPI is nagadve, there shall be no reduction from the previous year's compensation. 3.0 COMPENSATION FOR REPAIR AND/OR REPLACEMENT OF DAMAGED TRAFFIC SIGNALS AND DEVICES For the satisfactory corn phetion of all services related to repa and/or replacement of damaged Traffic Signals and Devices detailed in this Agreement, the Department will pay the Maintaining Agency a Lump Sum amount of the actual cua1u incurred for the replacement and/or repair of the damaged Traffic Signals and Devices as set forth in the invoice submitted to the Department. The invoice for the costs incurred for the replacement and/or repair of Speed Activate Traffic Signal Warning Traffic Traffic ed & Control Flashing Dept. or Blank Beaco Time ble Power Signal monitored Beacon Beacon Signal Out Sign n Detect Supphes 2015-16 3,040 760 608 1,064 304 304 1 8 Based on the Consumer Price Index (CPI), the 2016-17 compensation amounts will be revised upwards. F2 20117 -1 018 9 Based on the CPI, the 2017-18 compensation amounts will be revised upwards. 2019 -20 Based on the CPI, the 2018-19 compensation amounts will be revised upwards. ^Con:pensationpro+rata based on intersection approaches nr legs um State Highway System. Based un the Consumer Price Index (CP0. the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment k» this Agreement. However, if CPI is nagadve, there shall be no reduction from the previous year's compensation. 3.0 COMPENSATION FOR REPAIR AND/OR REPLACEMENT OF DAMAGED TRAFFIC SIGNALS AND DEVICES For the satisfactory corn phetion of all services related to repa and/or replacement of damaged Traffic Signals and Devices detailed in this Agreement, the Department will pay the Maintaining Agency a Lump Sum amount of the actual cua1u incurred for the replacement and/or repair of the damaged Traffic Signals and Devices as set forth in the invoice submitted to the Department. The invoice for the costs incurred for the replacement and/or repair of STATE ����DEPARTMENT OF TRANSPORTATION 750-010-22 A17ACHK8ENT1 upe`�� RATIONS R�V|�� TERMS AND CODITIONS CONDITIONS FO��THE TRAFFIC B�B��� 06116 REVISED Exhibit o Pa z*2 MAINTENANCE AND COMPENSATION AGREEMENT damaged Traffic Signals and Devices shall contain the information required in Exhibit C and any other additional information requested by the Department to justify the costs incurred. The reimbursement amount is subject to approval by the Department. 4�O PAYMENT PROCESSING For regular maintenance costs, the Maintaining Agency shall invoice the Department ina format acceptable 1mthe Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30 of each year. For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1.2015 through June 30.2Q18no later than June 3Q.2O1G, For costs incurred for repair and/or replacement of damaged Traffic Signals and Devices, applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Maintaining Agency shall submit invoices for repair and/or replacement costs due to damaged Traffic Signals and Devices at least on an annual basis but the Maintaining Agency may also submit such invoices to the Department ona quarterly basis. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010 -22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT T RAFFIC OPERATIONS 04115 04/15 Page 1 of 5 CONTRACT NO, FINANCIAL PROJECT NO. 4-0 5rS 76 -- f" F.E.I.D. NO. THIS TRAFFIC I N MAIN ENANCE AND COMPENSATION AGREEMENT ( "Agreement "), is entered into this day of � between the Flory Department of Transportation, an agency of the State of Florida, h efn c epartment and Florida, 1 I D d the "D y •I'" ( "Maintaining Agency "). WITNESSETH: A. The Department is authorized under Section 335.055, Florida Statutes, to enter into this Agreement. B. The Maintaining Agency is authorized under Octaq mw to enter into this Agreement and has authorized its undersigned representative to enter into and execute this Agreement on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged, the parties mutually agree and covenant as follows: The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, interconnected and monitored traffic signals (IMTS) (defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic signal systems (defined as central computer, cameras, message signs, communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software, preemption devices, and uninterruptible power supplies ( "UPS ")), control devices (defined as intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons)), and emergency /fire department signals and speed activated warning displays. The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of installation of each signal or device. All traffic signals and control devices mentioned in this paragraph are referred to in this Agreement as "Traffic Signals and Devices The Department agrees to pay the Maintaining Agency an annual compensation amount based on the Department's fiscal year. The compensation amount consists of the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A. Payments by the Department will be made in accordance with Exhibit B. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. 4. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates, preventive maintenance (periodic inspection, service and routine repairs), restoration of services, and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage). Restoration of services may include temporary poles, stop signs or other methods to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. The Department intends to conduct a structural inspection of the mast arm structures and strain poles every 60 months, which inspection shall comply with the checklist included in Exhibit C, attached to and incorporated in this Agreement. The inspection report will serve as a 90 -day notification to the Maintaining Agency that deficiencies exist which require preventative maintenance and periodic maintenance. Preventative maintenance includes but is not limited to: spot painting, cleaning, all wiring issues, graffiti removal, all signal related issues (lighting, signs and connections), and response to traffic impact including repair and replacement of all components damaged by the traffic impact. For any new painted mast arms installed after the date of this agreement, preventative maintenance includes all items described above and also includes repainting, tightening of nuts, replacing missing or deficient bolts, replacement of missing cap covers or equivalent, replacement of missing or deficient access hole cover plates, and repairing improper grounding. Damaged mast arm structures and strain { a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010 -22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 04115 Page 2 of 5 poles must be properly repaired or replaced by the Maintaining Agency. If the Maintaining Agency is not successful in recovering damage costs from responsible party(ies) within 180 days from the occurrence of damage, the Department will reimburse the Maintaining Agency for costs incurred due to traffic impacts to mast arms, which reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Department will pursue reimbursements from individuals and /or the third parties who cause damages to mast arms and are liable for replacement/repair costs. Failure to perform preventative maintenance after notification of an inspection deficiency will result in the Maintaining Agency being responsible for the corrective actions. If spot painting or any other described preventative maintenance is not carried out, there shall be a 25% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance is performed. For each month subsequent to the expiration of the 90 -day notice given to the Maintaining Agency that preventative maintenance deficiencies exist, 1/12` of the annual compensation amount for the affected signal locations will be forfeited up to 25% of the annual compensation amount. In the case of a total paint failure on a mast arm installed prior to the date of this Agreement, the Department will fund the cost of repainting. This does not include any mast arm that was installed with a separate mast arm painted finish agreement. The terms of that agreement will control. 6. Periodic maintenance includes but is not limited to: repair of cracks in the mast arm structure; removal and /or repair of grout pads; resetting of anchor bolts; and repair or replacement of deteriorated anchor bolts and nuts. For any new mast arm installations after the date of this Agreement, if a Maintaining Agency requests a painted mast arm, the Maintaining Agency agrees to perform all required periodic and preventative maintenance. Any periodic maintenance performed on the mast arm structure by the Maintaining Agency needs Department approval prior to commencement of work and shall be performed within 90 days unless under an emergency situation, Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of its useful life will be replaced by the Department so long as documented preventative maintenance and any applicable periodic maintenance was satisfactorily performed by the Maintaining Agency. The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic maintenance of mast arms: Maintaini A pncy Florida DOT Preventative maintenance of all mast arm structures Periodic maintenance of all mast arm structures (except for any new painted and existing painted structures with signed separate A reement Periodic maintenance of structures (for any new painted and existing painted structures with signed separate Agreement Damage repair or replacement of structures Compensate Maintaining Agency for damage repair or repla cement of structures Replacement at end of life cycle of th s tructure The Department will reimburse the Maintaining Agency for costs incurred due to traffic impacts to traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain pole repair or replacement, and all devices shown in Exhibit A, if the Maintaining Agency is not successful in recovering damage costs from responsible parties. The Maintaining Agency will be responsible for pursuing reimbursements from individuals and /or the third parties that cause damages. However, if the Maintaining Agency is not successful in recovering damage costs from responsible party(ies) within 180 days from the occurrence of damage, the Department will pursue reimbursements from individuals and /or the third parties who cause damages and are liable for replacement/repair costs to the traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain poles, and all devices shown in Exhibit A. Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. 8. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however, it shall only make permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, Department re- timing projects, and the Department's Traffic Engineering Manual, The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets, sequence) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing, { a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010 -22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 3 of 5 implementation of such modifications will be coordinated with, or made by, the Maintaining Agency. All signal timing and phasing records shall be retained by the Maintaining Agency for at least three (3) years, and will be made available to the Department upon request. 9. The Maintaining Agency shall note in the maintenance log any changes in timings and phasings, and keep a copy of the timings and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 10. The Maintaining Agency and the Department shall update Exhibit A on an annual basis which Exhibit A is attached to and incorporated in this Agreement. Exhibit A will contain all Traffic Signals and Devices on the State Highway System which are within the jurisdiction of the Maintaining Agency, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications may be made to Exhibit A during the Department's fiscal year for compensation. New Traffic Signals and Devices added by the Department during its fiscal year must be maintained and operated by the Maintaining Agency upon the Department's final acceptance as stated in paragraph 2. The Maintaining Agency and the Department shall update Exhibit A preceding each Department's fiscal year, which will include all new Department Traffic Signals and Devices added during the Department's previous fiscal year and delete those removed. Exhibit A will need to be incorporated into this Agreement by an amendment to this Agreement each time Exhibit A is updated. The Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices in the Department's fiscal year after the Traffic Signals and Devices are installed and final acceptance is given by the Department. In the event that no change has been made to the previous year's Exhibit A, a certification from the Maintaining Agency shall be provided to the Department certifying that no change has been made to Exhibit A in the Department's previous fiscal year. The annual compensation will be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this Agreement. 11. Payment will be made in accordance with Section 215.422, Florida Statutes. 12. There shall be no reimbursement for travel expenses under this Agreement. 13. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 14. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than twenty (20) working days. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 15. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 16. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s) from a state agency, The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Division of Consumer Services at 1- 877 - 693 -5236. 17. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Maintaining Agency's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 18. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339,135(6)(a), F.S., are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of a' a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010 -22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 04/15 Page 4 of 5 the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." 19. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 20. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 21. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list, 22. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 23. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic Signal(s) and Device(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 24. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following: Critical Detection device malfunctions: Critical detection is defined as the detection on side - streets and in left turn lanes on the main streets, and all pedestrian /bicycle detection. Repairs to the side - street and main street left turn detections shall be made within sixty (60) days of discovery and repairs to the pedestrian detection shall be made within 72 hours after notification. All these events shall be logged into the annual report. If repairs cannot be performed within 60 days, the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. The Maintaining Agency shall ensure that 90% of all critical detectors systemwide are operating properly at all time. Any time the level drops below 90 %, the Agency would have ninety (90) days to correct the situation. A 5% retainage of the total annual compensation amount (as shown in Exhibit A) will be withheld whenever the 90% critical detection requirement is not met within the 90 -day period. Traffic signal preventative maintenance inspections: All traffic signals shall receive at least one (1) minor preventative maintenance inspection, preferably two inspections, within a twelve (12) month period. Preventative maintenance inspection shall include verification that all detection is working, the signal is cycling properly, the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, and check hinges and door locks. At least one (1) conflict monitor test shall be performed during a twelve (12) month period. Each test is to be documented and included in the annual report to the Department. The inspection report should note the location, date of inspection and any items noted. If the traffic signals do not receive at least one (1) minor preventative maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance inspection is made. If not performed within the state's fiscal year, the 20% retainage of the annual compensation amount for the affected signal locations will be forfeited. { a c. For any traffic signals that are interconnected with telecommunications and their real -time operation is electronically monitored via software by personnel at a central location and are therefore receiving the higher compensation amount as described in Exhibit B, the name(s), titles of those monitoring those intersections, and the location of the central monitoring facility(s) are to be documented and contained in the annual report submitted to the Department. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010 -22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 5 of 5 d. In addition to the above requirements, if at least 50% of the traffic signals are not inspected and if at least half of the critical detection requirements as stated in 24a are not met, the Department will retain an additional 25% of the remaining compensation amount. 25. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and devices on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 26. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 27. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by the Department. 28. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 29. This term of this Agreement is twenty (20) years; provided that either party may cancel this Agreement prior to the expiration of the term of this Agreement. A minimum notice period of two (2) years plus the remaining months of the Department's fiscal year shall be provided to the other party in writing. Should the Maintaining Agency provide its written notice of cancellation to the Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. 30. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, except specific separate Agreements covering painted mast arm maintenance or any other aspect related to the painting of mast arms. 31. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's obligation under this Agreement. The remaining intersections and corridors would continue to be covered under this Agreement. The Department will provide a minimum of one year notice prior to take -over of maintenance of critical corridors or critical intersections. 32. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency. 33. The Maintaining Agency shall: a. utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Maintaining Agency during the term of the contract; and b. expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 34. Exhibits A, B, and C are attached and incorporated by reference. 35. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties have caused these presents to be executed, the day and year first above written. 4b J_ ' Florida nTE OF F ORIDA DEPARTMENT OF TRANSPORTATION (Maintaining Agency) BY a (A�ithorized Signature) (Authorized Signature Print/Type �e (UX Print/Type Name: OEd l2l) * I ti _ �a w_ { a Title: P651 Title 1l �� -° STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010-22 TRAFFIC OPERATIONS TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 04/15 Exhibit A Page 1 of 2 :r Exhibit A Compensation for Ma nttain ,ug Traffic Signals and all other Devices for FY - - ffectiv Date: from l to Traffic Signal - Pedestrian Speed Activated Compensation Traffic Interconnected Intersection Flashing Emergency Warning Display Traffic Warning Travel Time Uninterruptible Amount (using Intersection Location Si TS Signal g ( ) &monitored Control Beacon Fire Dept. (SAWD) or Blank Beacon (TWB) Detector Power Supplies Unit Rates from Beacon (ICB) Signal (FDS) (UPS) (IMTS) (PFB) Out Sign (BOS) Exhibit B) Cross Street Stock Island X $3,040 MacDonald Ave Stock Island X $3,040 +Crane Bou evar Sugarloaf Key X $3,040 Rey i5eer 6fvd Big Pine Key X $3,040 cean Bou evar Tavernier X $3,040 Atlantic Ave/ Clean Bay Dr X $3,040 Key Largo arpon Basin r Tradewinds Plaza X $3,040 Key Largo Sugarloaf Blvd Sugarloaf Key I X $760 3rd Street Stock Island X $1,064 Emerala Drive Big Coppitt Key X $1,064 a , 750-010 -22 TRAFFIC OPERATIONS 04/15 Exhibit A Page 2 of 2 City of Layton X $1,064 Jo Jean ay Marine Avenue X $1,064 Tavernier East Drive Key Largo X $1,064 CR905 Key Largo X $1,064 Mid -Block Crossing X $608 Elementary School I I I I X I I I I I 1 $608 Total Lump Sum Amount* $29,640 *Amount paid shall be the Total Lump Sum minus any retainage or forfeiture. I certify that the above traffic signals will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum (minus any retainage or F...F.. H...1 ..F f as rlcr7raf aet]perata EngllTeer t D to STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010 -22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 04115 Exhibit B Page 1 of 1 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum (minus any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment (minus any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service. Beginning in the fiscal year 2016 -17, for traffic signals which are not interconnected with telecommunications and are not monitored at a central location, the compensation amount shall be $3,131. The compensation amount for traffic signals that are interconnected with telecommunications and are monitored at a central location shall be $4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, 2016. The Table below shows the compensation amount for the various devices for fiscal years 2015 -16 and 2016 -17, and beyond. Total Lump Sum (minus any retainage or forfeiture) Amount for each fiscal year is calculated by adding all of the individual intersection amounts. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons or poles. Unit Compensation Rate per Intersection on the State Highway System *Compensation pro -rata based on intersection approaches or legs on State Highway System. Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation. { , 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30 of each year . For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1, 2015 through June 30, 2016 no later than June 30, 2016. Speed Activate d Traffic Signal Warning Traffic - Intersecti Pedestria Emergen Display Warni Interconnect on n cy Fire (SAWD) ng Travel Uninterrupti Traffic ed & Control Flashing Dept. or Blank Beaco Time ble Power Signal monitored Beacon Beacon Signal Out Sign n Detect Supplies FY s (TS) (IMTS) (ICB) (PFB) (FDS) (BOS) (TWB) or (UPS) 2014- $ 15* 2,951 $738 $295 $738 $148 $148 2015 -16 3,040 760 608 1,064 304 304 2016 -17 3,131 4,500 783 626 1,096 313 313 100 100 2017 -18 Based on the Consumer Price Index (C PI), the 2016 -17 compensation amounts will be revised upwards. 2 018 -19 Based on the CPI, th 20 17 -18 compensation amounts will be r evised upwards. 2019 -20 Based on the CPI, the 2018 -19 compensation amounts will be revised upwards. *Compensation pro -rata based on intersection approaches or legs on State Highway System. Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation. { , 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30 of each year . For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1, 2015 through June 30, 2016 no later than June 30, 2016. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT EXHIBIT C TRAFFIC SIGNAL MAST ARM CHECKLIST Traffic Signal Mast Arm Checklist • Foundation, including condition of grout pad if present • Anchor bolts and nuts • Base plate • Base plate connection to vertical member • Hand hole and hand hole covers and inside of vertical member by removing hand hole covers • Connections between vertical and horizontal members • Any member splices • Attachments • Member caps 750 - 010 -22 TRAFFIC OPERATIONS 04/15 Exhibit C Page 1 of 1 { a