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HomeMy WebLinkAboutItem #04 Approval of State Traffic Signal Maintenance and Compensation Agreement Amendment, Phase 1-B101INklY 4�/ Ocoee florlda AGENDA ITEM COVER SHEET Meeting Date: October 21, 2014 Item # !— Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: ZG Wwr Subject: State Traffic Signal Maintenance and Compensation Agreement Amendment, Phase I -B. Background Summary: The FDOT continues working with local maintaining agencies to update the State's Traffic Signal Maintenance and Compensation Agreement. The Commission approved the Phase I -A Agreement Update at the July 15, 2014 meeting. The latest interim update from the FDOT further clarifies and reduces the City's liability for maintaining traffic signal systems on State roads. The updated agreement is Phase I -B of the process and will be in effect for the 2014/15 fiscal year. Public Works will continue to work with the FDOT on the Phase II update to be brought back for approval in 2015. The City's current contracted proactive maintenance program exceeds the minimum State proposed standards and ensures proper operation of all signals throughout Ocoee. Public Works recommends approving the new State Phase 1 -13 Traffic Signal Maintenance and Compensation Agreement with the FDOT as it clarifies and further reduces City liability. The City Attorney has determined the Commission need only approve the one -page Phase 1 -13 Amendment as the Phase I -A Agreement was previously executed. Issue: Request the City Commission to approve the State Phase 1 -13 Traffic Signal Maintenance and Compensation Agreement Amendment with the FDOT. Recommendations Recommend the City Commission approve the new work order for the State Phase 1 -13 Traffic Signal Maintenance and Compensation Agreement Amendment, AM -604, with the FDOT, and authorize the Mayor and City Clerk to execute the Agreement. Attachments: State Traffic Signal Maintenance and Compensation Agreement, AM -604, Phase I -A, 4/14. State Traffic Signal Maintenance and Compensation Agreement, AM -604, Phase 1 -13, 9/14. State Traffic Signal Maintenance and Compensation Agreement Amendment, AM -604, Phase 1 -13. Financial Impact: The Phase 1 -13 Amendment does not alter the current FDOT signalization supplement. Type of Item (please mark with an 'Y Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A OA 750 - 010 -22A TRAFFIC OPERATIONS 09/14 Amendment 1 Page 1 of 1 CONTRACT NO. H 6 d 4 FINANCIAL PROJECT NO. F.E.I.D. NO. Purpose: Amend the Phase 1A TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT previously entered into by both parties. Amendment #1 deletes the language contained in Paragraph 6 of the Phase 1 A Agreement for the period beginning with the Department's fiscal year 2014 -2015. The Phase 1A Agreement included language on the preventative and periodic maintenance of mast arms. Paragraph 5 of the new Agreement provides language on the basic maintenance required for effective functioning of the traffic signals on the State Highway System. Excepting the changes shown below, all other provisions of Phase 1A remain. The wording "traffic signal structures (including signal mast arm structure or strain pole)" was struck from Paragraph 1. Paragraph 5 shall be removed and replaced in its entirety by the text provided below: 5. The Maintaining Agency shall be responsible for basic maintenance functions such as replacing missing cap covers or equivalent; cleaning; replacement of missing or deficient access hole cover plates; all wiring issues, including improper grounding; graffiti removal; and all signal related issues (lighting, signs and connections). Paragraph 6 shall be removed in its entirety without any replacement text. The remaining paragraphs are renumbered sequentially. The renumbered Paragraph 18 shall be removed in its entirety and replaced with the text provided below: 18. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining Agency shall submit an annual Report on April 1 of each year detailing the following: a. Detection device malfunctions. Repairs shall be made within sixty (60) days of discovery and such 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. b. 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. The inspection report should note the location, date of inspection and any items noted. IN WITNESS WHEREOF, the parties have caused these presents to be executed, the day and year first above written. G I T <0 r- Dc n t= cE Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Maintaining Agency) By: By: (Authorized Signature) (Authorized Signature) Print/Type Name: Title: Attest: Reviewed: (Seal if Applicable) Legal Review Print/Type Name: Title: Attest: Attorney Date CITY OF OCOEE SIGNATURE PAGE State Traffic Signal Maintenance and Compensation Agreement Amendment, AM -604, Phase I -B APPROVED: ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY on this day of , 20_. SHUFFIELD, LOWMAN & WILSON P.A. CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor DATE: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ,20_, UNDER AGENDA ITEM NO. By: Scott Cookson, City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750 - 010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 9/14 Page 1 of 6 CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. THIS AGREEMENT, made and entered into this day of , by and between the Florida Department of Transportation, an agency of the State of Florida, herein called the "Department ", and Florida, herein called the "Maintaining Agency ". WITNESSED: WHEREAS, the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and operation of traffic signals or signal systems on the State Highway System, and the Department is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement, and; WHEREAS, the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, traffic signal systems (central computer, cameras, message signs, communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software), and control devices (intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (school zone flashing beacons, pedestrian crossing beacons, Rectangular Rapid Flashing Beacons), 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 their installation. All traffic signals and control devices mentioned in this paragraph shall hereafter be referred to 'Traffic Signals and Devices'. 2. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Department's fiscal year for the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A. Payments will be made in accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement, the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. 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 said Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any acceptance by the Department, the Maintaining Agency shall have the opportunity to inspect and request modifications /corrections to the installation(s) and Department agrees to undertake those prior to acceptance so long as the modifications /corrections comply with the contract 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 shall include, but not be limited to, preventive maintenance (periodic inspection, service and routine repairs) 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. 5. The Maintaining Agency shall be responsible for basic maintenance functions such as replacing missing cap covers or equivalent; cleaning; replacement of missing or deficient access hole cover plates; all wiring issues, including improper grounding; graffiti removal; and all signal related issues (lighting, signs and connections). 6. The Maintaining Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and /or equipment replacements unless the equipment provided is capable of performing at minimum the same functions. The Department shall not make any modifications and /or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 7. 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, 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 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750 - 010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS sna Page 2 of 6 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 and /or phasing, implementation of such modifications shall be coordinated with, or made by, the Maintaining Agency. 8. The Maintaining Agency shall note in the maintenance log any time /phasing changes and keep a copy of the timings 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. 9. The Maintaining Agency and the Department will develop annually the Exhibit A which by this reference is made a part of this Agreement as though fully set forth herein. Exhibit A shall contain all Traffic Signals and Devices on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications will be made to Exhibit A during the year for compensation. New Traffic Signals and Devices added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon Department final acceptance as stated in paragraph 2. The Maintaining Agency and the Department, preceding each fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department Traffic Signals and Devices added during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new Department's Traffic Signals and Devices in the next fiscal year. In the event that no change has been made to the previous year's Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit B, attached and made a part hereof. a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes. c) 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. d) Record of costs incurred under 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 for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaining Agency's general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs. 10. Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. 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. 11. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 12. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors /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. 13. 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. 14. 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. 15. 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 shall be cause for unilateral cancellation of this Agreement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010 -22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS sna Page 3 of 6 16. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: (a) 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 shall be 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 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 one year, but any contract so made shall be executory only for the value of 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 and which have a term for a period of more than one year. 17. 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 shall 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 shall have 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. 18. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining Agency shall submit an annual Report on April 1 of each year detailing the following: a. Detection device malfunctions. Repairs shall be made within sixty (60) days of discovery and such 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. b. 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. The inspection report should note the location, date of inspection and any items noted. 19. 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 signal systems 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. 20. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 21. 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 shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 22. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement shall 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 shall not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 23. This Agreement shall remain in force during the life of the original installed equipment and /or the life of any replacement equipment installed with the mutual consent of the parties hereto. 24. 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. 25. 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. STATE OF FLORIDA DEPARTMENT OF Florida TRANSPORTATION (Maintaining Agency) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750 -010 -22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 9/14 Page 4 of 6 By Print/Type Name: Title: Attest: (Authorized Signature) (Seal if Applicable) Reviewed: By Print/Type Name: Title: Attest: Legal Review (Authorized Signature) Attorney Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010 -22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS sna Page 5 of 6 EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS AND INTERSECTION CONTROL BEACONS MAINTAINED AND OPERATED FOR FY Effective Date: To: Maintaining Agency: Intersection Locations Agency Responsible for Periodic Maintenance (FDOT or Maintaining Agency) Compen - sation (Yes or No ) Traffic Signal (TS) or Intersection Control Beacon (ICB) Pedestrian Flashing Beacon (PFB) Emergency /Fire Dept. Signal (FDS) Speed Activated Warning Displays (SAWD) Traffic Warning Beacon (TWB) FDOT FY Unit Rate (refer to Exhibit B) % of State (Ex. 25, 33, 50, 75 or 100 Total Amount (Unit Rate x Percent Total Lump Sum $0.00 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 of $0.00. Maintaining Agency Date District Traffic Operations Engineer Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010 -22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS sna Page 6 of 6 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 in Exhibit A. The Maintaining Agency will receive one lump sum payment at the end of each fiscal year for satisfactory completion of service. Total Lump Sum Amount for each fiscal year is calculated by adding all of the individual intersection amounts. The individual intersection amounts are calculated by taking the FY Unit Rate times the percent of State Road Approaches to Total Approaches. Intersection Control Beacons are paid at 25% of the Unit Rate for full traffic signal. 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. Example 1: For a traffic signal intersection with 4 approaches with 2 approaches (50 %) being state roads, the intersection amount for FY 10 -11 will be: $2,622 x (2/4) = $1,311 Example 2: For an intersection control beacon with 3 approaches, with 2 approaches being state roads, the intersection amount for FY 11 -12 will be $675 x (2/3) = $450 Example 3: For a location with a school zone flashing beacon and two speed activated warning displays, the intersection amount for FY 14 -15 will be {($295 *1) + ($148 *2)} = $591 Unit Rates per 100% State Intersections Intersection Pedestrian Traffic Control Flashing Signals Beacon Beacon (TS) (ICB) (PFB) (0.25 *TS) (0.10 *TS) M 11 -12 $2,701 $675 12 -13 $2,782 $696 13 -14 $2,866 $716 14 -15 $2,951 $738 $295 15 -16 $3,040 $760 $304 16 -17 $3,131 $783 $313 Speed Emergency Activated Traffic Fire /Dept. Warning Warning Signal Displays Beacon (FDS) (SAWD) (TWB) (0.25 *TS) (0.05 *TS) (0.05 *TS) $738 $148 $148 $760 $152 $152 $783 $157 $157 The Unit Rate for each fiscal year is 3% more than the Unit Rate for the previous fiscal year, unless otherwise specified in an amendment to this Agreement. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750 -010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 4/14 Page 1 of 6 CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. THIS AGREEMENT, made and entered into this day of , by and between the Florida Department of Transportation, an agency of the State of Florida, herein called the "Department ", and Florida, herein called the "Maintaining Agency ". WITNESSED: WHEREAS, the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and operation of traffic signals or signal systems on the State Highway System, and the Department is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement, and; WHEREAS, the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, traffic signal structures (including signal mast arm structure or strain pole), traffic signal systems (central computer, cameras, message signs, communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software), and control devices (intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (school zone flashing beacons, pedestrian crossing beacons, Rectangular Rapid Flashing Beacons), 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 their installation. All traffic signals and control devices mentioned in this paragraph shall hereafter be referred to 'Traffic Signals and Devices'. 2. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Department's fiscal year for the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A. Payments will be made in accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement, the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. 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 said Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any acceptance by the Department, the Maintaining Agency shall have the opportunity to inspect and request modifications /corrections to the installation(s) and Department agrees to undertake those prior to acceptance so long as the modifications /corrections comply with the contract 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 shall include, but not be limited to, preventive maintenance (periodic inspection, service and routine repairs) 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. 5. The Department intends to conduct an inspection of the mast arm structures and strain poles every 60 months. The inspection report will document deficiencies that necessitate preventative maintenance and periodic maintenance. Preventative maintenance includes but is not limited to: spot painting or repainting; tightening of nuts and replacing missing or deficient bolts (not including anchor bolts); replacing missing cap covers or equivalent; cleaning; replacement of missing or deficient access hole cover plates; all wiring issues, including improper grounding; 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. Damaged mast arm replacement shall be regaired or replaced by the Maintaining Agency and the Maintaining Agenc� is authorized to seek reimbursement from the responsible 3 party. If the Maintaining Agency is unable to recover the costs from a 3 party, then the Department intends to reimburse the Maintaining Agency for repair or replacement of the mast arm. The Maintaining Agency shall be responsible for preventative maintenance of the mast arm structures. Failure to perform preventative maintenance after notification of inspection deficiency may result in the Maintaining Agency being responsible for the corrective actions. 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; repair or replacement of deteriorated anchor bolts and nuts; and replacement of the mast arm when it is determined through the inspection process that the mast arm has reached the end of its service life unless this is due to lack of STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 4/14 Page 2 of 6 preventative maintenance by the Maintaining Agency. 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 unless under an emergency situation. Any and all work performed by the Maintaining Agency shall conform to the current Department Standard Specifications for Road and Bridge Construction. The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic maintenance: Maintaining Agency 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 with recoverable May compensate Maintaining Agency for damage repair or costs replacement of structures when costs are non - recoverable Replacement at end of life cycle of the structure 7. The Maintaining Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and /or equipment replacements unless the equipment provided is capable of performing at minimum the same functions. The Department shall not make any modifications and /or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 8. 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, 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 and /or phasing, implementation of such modifications shall be coordinated with, or made by, the Maintaining Agency. 9. The Maintaining Agency shall note in the maintenance log any time /phasing changes and keep a copy of the timings 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 will develop annually the Exhibit A which by this reference is made a part of this Agreement as though fully set forth herein. Exhibit A shall contain all Traffic Signals and Devices on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications will be made to Exhibit A during the year for compensation. New Traffic Signals and Devices added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon Department final acceptance as stated in paragraph 2. The Maintaining Agency and the Department, preceding each fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department Traffic Signals and Devices added during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new Department's Traffic Signals and Devices in the next fiscal year. In the event that no change has been made to the previous year's Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit B, attached and made a part hereof. a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes. c) 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. d) Record of costs incurred under 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 for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaining Agency's general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs. 11. Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 4/14 Page 3 of 6 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. 12. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 13. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors /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. 14. 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. 15. 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. 16. 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 shall be cause for unilateral cancellation of this Agreement. 17. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: (a) 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 shall be 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 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 one year, but any contract so made shall be executory only for the value of 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 and which have a term for a period of more than one year. 18. 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 shall 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 shall have 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. 19. The Department intends to monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining Agency is required to submit an annual Report on April 1 of each year detailing the following: a. Detection device malfunctions shall be repaired or restored within sixty (60) days of discovery and such 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. b. All traffic signals shall receive at least one (1) minor preventative maintenance inspection, preferably two inspections, within a twelve (12) month period. At a minimum, minor preventative maintenance inspection includes verification that all detection is working, the signal is cycling properly, the ventilation system is functioning and filters are clean. The inspection report should note the location, date of inspection and any items noted. 20. 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 signal systems STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750- 010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 4/14 Page 4 of 6 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. 21. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 22. 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 shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 23. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement shall 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 shall not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 24. This Agreement shall remain in force during the life of the original installed equipment and /or the life of any replacement equipment installed with the mutual consent of the parties hereto. 25. 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. 26. 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. STATE OF FLORIDA DEPARTMENT OF Florida TRANSPORTATION (Maintaining Agency) By (Authorized Signature) Print/Type Name: Title: Attest: Reviewed: (Seal if Applicable) By (Authorized Signature) Print/Type Name: Title: Attest: Legal Review Attorney Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750 - 010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 4I, 4 Page 5 of 6 EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS AND INTERSECTION CONTROL BEACONS MAINTAINED AND OPERATED FOR FY Effective Date: To: Maintaining Agency: Intersection Locations Agency Responsible for Periodic Maintenance (FDOT or Maintaining Agency) Compen - sation (Yes or No ) Traffic Signal (TS) or Intersection Control Beacon (ICB) Pedestrian Flashing Beacon (PFB) Emergency /Fire Dept. Signal (FDS) Speed Activated Warning Displays I (SAWD ) Traffic Warning Beacon (TWB) FDOT FY Unit Rate (refer to Exhibit B) % of State (Ex. 25, 33, 50, 75 or 100 Total Amount (Unit Rate x Percent Total Lump Sum 1 $0.00 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 of $0.00. Maintaining Agency Date District Traffic Operations Engineer Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750 -010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 4/14 Page 6 of 6 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 2.0 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. 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 in Exhibit A. The Maintaining Agency will receive one lump sum payment at the end of each fiscal year for satisfactory completion of service. Total Lump Sum Amount for each fiscal year is calculated by adding all of the individual intersection amounts. The individual intersection amounts are calculated by taking the FY Unit Rate times the percent of State Road Approaches to Total Approaches. Intersection Control Beacons are paid at 25% of the Unit Rate for full traffic signal. 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. Example 1: For a traffic signal intersection with 4 approaches with 2 approaches (50 %) being state roads, the intersection amount for FY 10 -11 will be: $2,622 x (2/4) = $1,311 Example 2: For an intersection control beacon with 3 approaches, with 2 approaches being state roads, the intersection amount for FY 11 -12 will be $675 x (2/3) = $450 Example 3: For a location with a school zone flashing beacon and two speed activated warning displays, the intersection amount for FY 14 -15 will be {($295`1) + ($148"'2)) = $591 Unit Rates per 100% State Intersections Intersection Pedestrian Traffic Control Flashing Signals Beacon Beacon (TS) (ICB) (PFB) (0.25"TS) (0.10 *TS) WA 11 -12 $2,701 $675 12 -13 $2,782 $696 13 -14 $2,866 $716 14 -15 $2,951 $738 $295 15 -16 $3,040 $760 $304 16 -17 $3,131 $783 $313 Speed Emergency Activated Traffic Fire /Dept. Warning Warning Signal Displays Beacon (FDS) (SAWD) (TWB) (0.25'TS) (0.05 "TS) (0.05" TS) $738 $148 $148 $760 $152 $152 $783 $157 $157 The Unit Rate for each fiscal year is 3% more than the Unit Rate for the previous fiscal year, unless otherwise specified in an amendment to this Agreement. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department.