1st Amendment 09/21/2016AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
IAONIIOE COUNTY, FLORIDA
DATE: October 21, 2016
TO: Judith Clarke
Director of Engineering
ATTN. • Breanne Erickson, Senior Engineering Technician
FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller
At the September 21, 2016 Board of County Commissioner's meeting the Board granted approval and
auth ized execution of Items:
C8 Amendment 1 to Small County Outreach Program (SCOP) Agreement with Florida Department
of Transportation (FDOT) for the Card Sound Bridge Repair Project which corrects Exhibit B of
original agreement. Updated Exhibit B reflects change in fund distribution amounts for Fiscal
Year 15/16 and Fiscal Year 16/17. The total contract amount has not changed.
This item is not fully executed; please return to the Clerk for finalization.
C 12 Approval of a Task Order in the amount of $20,010 with HDR Engineering, Inc. to provide
negotiation support during negotiations with Transcore and Florida Turnpike Enterprise (FTE)
for the Card Sound Toll conversion to electronic tolling. Transcore will be providing electronic
toll collection system and equipment while FTE will provide tolling conversion and transaction
processing. This task order is being awarded under the On -Call contract for Professional
Services.
C 17 Approval of Amendment to Traffic Signal Maintenance and Compensation Agreement and
approval of Attachment 1: Revised Terms and Conditions with the Florida Department of
Transportation (FDOT). This amendment and attachment replace the previous agreement in its
entirety and allow for reimbursement for replacement or repair of traffic signals and devices
damaged as a result of third parties or other causes that were not caused by Monroe County.
There is no change to the annual compensation amounts with this amendment.
This item is not fully executed; please return to the Clerk for finalization.
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax. 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax. 305-852-7146
C 19 Approval of task order with Kisinger Campo & Associates, Corp. for services for the Duck Key
Bridge Replacement Cultural Resource Assessment Survey (CRAS) for the amount of
$159,979.26. The task order is being awarded under the On Call Contract for Professional
Services.
C24 Approval of Change Order # 1 to the contract with Coastal Gunite Construction Company for the
Card Sound Bridge Repair Project to increase the contract amount by $726,253.85 for Increased
Scope Of Work.
CC: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AMENDMENT TO THE TRAFFIC SIGNAL MAINTENANCE
AND COMPENSATION AGREEMENT
CONTRACT NO. q�`,
FINANCIAL PROJECT NO. 46c,55-76 tf-P'l
F.E.I.D. NO,
AMENDMENT NO.
THIS AMENDMENT THE �aAFFeC SIGNAL AND MAINTENANCE AGREEMENT ("Amendment") is made
and entered into on this Z? day o 201 , by
and between the STATE OF FLORIDA, DEPARTMENT
an
nc fthe St
OF TRANSPORTATION ("Department" �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-'bxecuted this Amendment on the day, month and year set forth
above.
MONROE COUNTY
� -jIaintaining n A,,,,
By
(A],thorii6d Signature)
Print/Type Name: _George Neugen
Title: Mayor/Chairperson
Attorney: __ Date:
STAJE OF F ORIDA DEPARTMENT OF TRANSPORTATION
By
(Authorized Signature)
Print/Type Name:
Title:
Legal Review:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT TRAFFIC
OPERATIONS
REVISED TERMS AND CONDITIONS FOR THE 06116
TRAFFIC SIGNAL MAINTENANCEMAINTENANCEAND COMPENSATION AGREEMENTAGREEMENTPage ,Cfo
CONTRACT NO.
F|MANCIALPRDJECTNO, '
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 SectionJ35,055 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 ofthe 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 ofelectricity 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 tmpay the Maintaining Agency anannual compensation amount based unthe 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 isattached and incorporated into this Agreement. Compensation wiQalso 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 to 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 toundertake those modifications or corrections
prior iofinal acceptance oolong muthe modifications orcorrections 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 details ofthe requested neimbu/syments�and
b. Evidence ofthe costs incurred were included asonattachment tothe 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 ofdamaged Traffic Signals and Devices, Exhibit Calso serves oaaform 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. |fthere ioanimmediate risk Vopublic safety due Lodamaged Tn*ffioSignals and Devices and the Maintaining
Agency is unable to immediately obtain the Department's written approval regarding the method ofrepair 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 the third parties
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. Ifthe Maintaining Agency
causes damages to the Traffic Signals and Devices, then the Maintaining Agency shall repair andlorreplauetheTraffioSignals
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 bythe Maintaining Agency.
4 The Maintaining Agency shall maintain and operate the Traffic Signals and Devices immmamner1hadwill ensure safe and efficient
movement ofhighway maintenance practices prescribed bythe [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), restoration 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 tnmaintain traffic. The Maintaining Agency shall record its maintenance activities in atraffic signal maintenance
log, amthey occur, and include this aupart ofthe annual report, highlighting the time it took 0nrestore the normal service and
number oftimes such events occurred.
G Neither the Maintaining Agency the Department shall beliable toth other for any failure 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 the occurrence ot
(a) onact ofwar, hostilities, invasion, act offoreign enemies, riot, terrorism urcivil disorder;
(b) act ofGod (much as, but not limited to, hres, exp|oeiono, oarthqmaWos, dmught, hurricanes, stomna.
Ughtning, kzmadoa, tidal waves, floods, extreme weather orenvironmental cumditionn, and other natural
calamities);
(c) manother event beyond the control of the non -performing party and which could not have been avoided
orovercome bythe exercise ofdue diligence.
The Department intends toconduct estructural inspection of the mast arm structures every sixty (60)montha, The inspection
report will serve as ninety 090days notification to 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 80'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 Maintaining 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 mftheir 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 orreplace with agalvanized mast arm. The aforementioned requirement does not apply
toany 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 Maintaining Agency may remove any component oftheinvtaUedequipmentfonnapairurtesdng-howevor,bmhaUonlymake
permanent modifications orequipment replacements and only ifthe 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 inthe State cf Florida. The Maintaining Agency shall make available acopy ofthe timings 0z
the Department upon request. The Department reserves the right toexamine equipment, timing and phasing aLany time and,
after consultation with the Maintaining Agency, may specify modifications. |fthe Department specifies modifioedonintiming 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
I
ATTACHMENT 1 OPERATIONS
TRAFFC
NS
REVISED TERMS AND CONDITIONS FOR THE 06/116
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 3 o 6
11. 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.
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 as its authorized representative(s), who is delegated the
authority to execute any and all amendments to Exhibit A of this Agreement on behalf of the Maintaining Agency. Exhibit A
contains a list of Traffic Signals and Devices that identifies their location and type. No changes or modifications may be made
to Exhibit A during the Department's fiscal year for compensation. 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 of installation
of the new Traffic Signals and Devices, The Maintaining Agency and the Department shall amend Exhibit A prior to the start of
each new fiscal year of the Department to reflect the addition or removal of Traffic Signals and Devices. The Maintaining Agency
will begin receiving compensation for new Traffic 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, 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. Some of the Traffic Signals and Devices
may not be listed in Exhibit A because the cost of operating 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 in accordance with Section 215.422, Florida Statutes.
14. There shall be no reimbursement for travel expenses under this Agreement,
15, Bills for fees or other compensation for services or expenses shalt be submitted in detail sufficient for a proper pre -audit and
post -audit thereof.
16. 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,
IT 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.
18. 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.
19. 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 five (5) 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.
20. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any
agreement which it has with the Maintaining Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract
by the Department-
21. The Maintaining Agency must submit the final invoice on the Project to the Department within 120 days after termination of the
Agreement. Invoices submitted after the 120-day time period may not be paid.
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 OPERATI06115
ONS
TRAFFIC SIGNAL MAINTENANCEMAINTENANCEAND COMPENSATION AGREEMENTAGREEMENTPage +mv
"The Department, during any fiscal year, shall not expend money, incur any liability, orenter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted maavailable for
expenditure during such fiscal year. Any contract, verbal urwritten, made imviolation ofthis subsection is
null and void, and nomoney may bepaid onsuch 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 o/ contracts for
periods exceeding 1year, but any contract aomade shall heexecutory only for the value ofthe 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
aterm for aperiod ofmore than 1year.^
23. The Department's performance and obligation {opay under this Agreement iscontingent upon anannual 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 ifincurred prior ozfunds 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 Discriminatory Vendor
List may not submit m bid on m contract to provide any goods orservices 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 aconviction for opublic entity crime may not
submit a bid on ocontract 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 orpublic work onacontract 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 ofthis 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 corrected at the end of such
time, or(b)take whatever action iadeemed appropriate hythe Department. Any deduction inpayment, suspension uffunds, 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.
Atany time the level drops bolmw90%. 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 OF FLORi[)A DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT I TRAFFIC
OPERATIONS
REVISED TERMS AND CONDITIONS FOR THE 06/16
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 5 of 6
Detection device malfunction shall be logged into the annual report. If the repairs cannot be performed within stipulated
times, the agency shall document the reason(s) why in the annual report. When 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 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 on 50% of traffic signals annually, alternating the remaining 50% the following year. Each test is to be
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 signal locations until the preventive maintenance inspection is made. If not performed
within the state's fiscal year, the 20% retainage 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 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) and title(s) of those monitoring those intersections, and the location of the central
monitoring facility(ies), are to be documented and contained in the annual report submitted to the Department.
3Z 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.
33. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without prior written consent
of the Department.
34, 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.
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 controllers and other devices covered under this Agreement. The Maintaining
Agency shall include the Department as a 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
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.
37. In no event shall the making by the Department of any payment to the Maintaining Agency constitute or be construed as a waiver
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,
33, 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 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.
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 full to the Department.
Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Maintaining
Agency files shall not constitute a waiver of the Department's rights and Department has the right to verify all information at a
STATE OF FL ORIOA DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT 1 TRAFFIC
OPERATIONS
REVISED TERMS AND CONDITIONS FOR THE 06;16
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 6 of 6
later date by audit or investigation. Within thirty (30) days of the termination of this Agreement, the Maintaining Agency shall
refund to the Department any balance of unobligated funds which were advanced or paid to the Maintaining Agency. In 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 of termination 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 related to the
painting of mast arms.
41. 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.
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 facsimile or electronic transmission of this Agreement with a signature on behalf of a
party will be legal and binding on such party.
43. 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.
44. 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 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 of Homeland Security's E-Verify system to verify the employment eligibility of all
new employees hired by the subcontractor during the Agreement term.
45. Unless authorized by law and agreed to in writing by the Department, the Department will not be liable to pay attorney fees,
interest, or cost of collection.
46. The Parties agree to comply with s.20,055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply
with s.20.055(5), Florida Statutes.
47. Exhibits A, B, and C are attached and incorporated into this Agreement.
48. This Agreement contains all the terms and conditions agreed upon by the parties.
S',Alf of'WRIDA DfPARTMLNI'C' IRAN SPORIATIQN
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
2016-2017
'Effective Date: from July 1, 2016 to
June 30, 2017
Traffic Signal -
Pedestrian
Emergency
Speed Activated
UninteCompensation
Traffic Interconnected ..Intersection
Intersection Location Control
Flashing
Fire Dept.
yarning Display
Traffic Warning
Travel Time
Power Sup res
power Supplies
Amount (using
Signal ITS) & monitored
Beacon (ICB)
Beacon
Signal (FDS)
(SAW[]) or Blank
Beacon (TWB)
Detector
(Lips)
Unit Rates from
(IMTS)
{PFB)
Out Sign (BOS)
''...
Exhibit B)
Crass Street
Stack. island
X
$3,1.32
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
Atlantic Ave
Oean Bay Or
X
$3,131
Key Largo
Tarpon 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
$1,096
MM68.3._._
City of Layton
X
51,096
o Jean 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
_...
Elementary School
X
_...
5626
Key Largo
Total Lump Sum
S3o,sz8
Amount*
, VT,uunc pdia snap oe cne I oval Lump Burn iminus any rercinu age orlorlerture I.
f certify that the above trafficsignals will be maintained and operated in accordance with the require men ds of the Traffic Signal Maintenance and Compensat:lon Agree anent. For satisfactory
cornpletron of al! 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 r (Dot 7is "�' neer — I ate
�q
C
fit 1 )5.i ;'
I
STATE O� FLOmOA DEPARTMENT OF TRANSPORTATION 750-010-22
A17A[:HKHENT1 opeTR^FFIc
RATIONS
REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL mv'a
MAINTENANCE AND COMPENSATION AGREEMENT exh.*./°Page `mz
EXHIBIT
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 MAINTENANCE AND OPERATION
For the satisfactory completion of all services related to maintenance and operation detailed inthis 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 imthe fiscal year 201[-17.for traffic signals that are not interconnected with telecommunications and
are not monitored atacentral location, the compensation amount shall be $3.131 The compensation amount for
traffic signals that are interconnected with telecommunications and are monitored atacentral location shall be
$4,500 per signal location. These differential compensation amounts shall be in effectbeginning 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 ratainagewrforfeiture) Amount for each fiscal year iocalculated hyadding 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 Compensation Rates per Intersection wnthe State Highway System
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
Based on the Consumer Price Index (CPI), the 2016-17 compensation amounts will
be revised upwards.
Based on the CPI, the 2017-18 compensation amounts will be revised upwards.
12019-20 1 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 unthe 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 OFDAMAGED TRAFFIC SIGNALS AND DEVICES
For the satisfactory corn phetion of all services related to repair 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`��o
RATIONS
R�V|��TERMS AND CODITIONSCONDITIONS FO��THE TRAFFICB�B��� »mREVISED
Exhibit oPage 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 bythe Department.
4�O PAYMENT PROCESSING
For regular maintenance costs, the Maintaining Agency shall invoice the Department inaformat acceptable 1mthe
Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous
year prior to June 301h of each year. For example, the Maintaining Agency shall submit its invoice for the previous
year beginning July 1.2015through June 30.2Q18nolater 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 tothe Department onaquarterly basis.