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HomeMy Public PortalAboutAmendment to Traff Sign. Maint & Comp Agreement FL DOTTitle: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDMENT TO THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. AMENDMENT NO. A ku az: _ _ (1,3437yq 197:07 Y.CCz t`1 c0:c1'500 THIS AMENDMENT TO THE TRAFFIC .SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT ("Amendment") is made and entered into on this ] to L r day of Ockw."12.4- jao Io 1, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Cuepartment ), an agency of the State of Florida, and (enter frame of Maintaining Agency), CMaintaining Agency"). C,}.\ C%-e5ty , e RECITALS 'l-1-Zu\5 WHEREAS, the Department and the Maintaining Agency on [enter date] entered into a Traffic Signal Maintenance and Compensation Agreement CAgreement"). 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covenants in this Amendment, the Agreement is amended as follows: All the terms and conditions of the Agreement are superseded and replaced in their entirety by the terms and conditions contained in Attachment "1", Revised Terms and Conditions for the Traffic Signal Maintenance and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 have executed this Amendment on the day, month and year set forth above. By O intaininy Agency) (Authorized Signature) Print/Type Name: �c.�29-,41-e ` 4 —7 Cam[ �iLLC___ Florida Date: 7 I 1 b, 1 Ike STATE OF FLORIDA DEP RTMENT OF TRANSPORTATION By , (Authorized Signature) Print/Type Name: Pti t t P C �//�� -at n,P (' SeC v e}a v' , Legal Review: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 06/16 Page 1 d6 CONTRACT NO. Kkg Z� FINANCIAL PROJECT NO.—t3(5Io7 '1,a i %S01 — F.E.I.D. NO. ii„D /a 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 is authorized under Section 335.055, Florida Statutes, to enter into this Agreement. / - L C! i� B. The Maintaining Agency is authorized under �P�l,/r)�e/ /2� ZO/v �lnci �y1 rgto enter into this Agreement and has authorized its undersigned representati a to enter into and execute this Agreemen on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged, the parties mutually agree and covenant as follows: 1. The term "Traffic Signals and Devices" is defined as follows: all traffic signals, interconnected and monitored traffic signals ("IMTS") (defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic signal systems (defined as central computer, cameras, message signs, communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software, preemption devices, and uninterruptible power supplies ("UPS")), control devices (defined as intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons)), blank -out signs, travel time detectors, emergency/fire department signals, speed activated warning displays, and other types of traffic signals and devices specifically identified within Exhibit A, which are located on the State Highway System within the jurisdictional boundaries of the Maintaining Agency. The Maintaining Agency shall be responsible for the maintenance and continuous operation of Traffic Signals and Devices ("Project"). The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of Traffic Signals and Devices upon completion of installation of each of the Traffic Signals and Devices. 2. The Department agrees to pay the Maintaining Agency an annual compensation amount based on the Department's fiscal year. The compensation amount consists of the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A, which is attached and incorporated into this Agreement. Compensation will also be made for costs incurred for the repair and/or replacement of damaged Traffic Signals and Devices as identified in Exhibit C, attached and incorporated into this Agreement. Payments by the Department will be made in accordance with Exhibit B. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. 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: a. The Department has approved a properly completed invoice for reimbursement that was provided to the Department outlining the details of the requested reimbursements; and b. Evidence of the costs incurred were included as an attachment to the invoice. Exhibit C sets forth additional conditions that apply when the Maintaining Agency seeks to obtain reimbursement for costs incurred for repair and/or replacement of damaged Traffic Signals and Devices. Exhibit C also serves as a form invoice that can be used by the Maintaining Agency. The Maintaining Agency shall obtain written approval from the Department regarding the appropriate method of repair and/or replacement of damaged Traffic Signals and Devices prior to performing repair and/or replacement work. If there is an immediate risk to public safety due to damaged Traffic Signals and Devices and the Maintaining Agency is unable to immediately obtain the Department's written approval regarding the method of repair and/or replacement, then the Maintaining Agency shall immediately repair and/or replace the Traffic Signals and Devices. The Maintaining Agency shall notify the Department within thirty (30) calendar days of becoming aware of any damage to Traffic 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 ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 06/16 Page 2 of 6 who cause damages and are liable for replacement and/or repair costs to Traffic Signals and Devices. If the Maintaining Agency causes damages to the Traffic Signals and Devices, then the Maintaining Agency shall repair and/or replace the Traffic Signals and Devices, and the Maintaining Agency shall be fully responsible for the cost of repair and/or replacement to the extent the damages were caused by the Maintaining Agency. 4. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices 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. 5. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates, preventive maintenance (periodic inspection, service, and routine repairs), restoration of services, and emergency maintenance (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 to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log, as they occur, and include this as part of the annual report, highlighting the time it took to restore the normal service and number of times such events occurred. 6. Neither the Maintaining Agency nor the Departrnent shall be liable to the 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 Majeure Event" means the occurrence of (a) an act of war, hostilities, invasion, act of foreign enemies, riot, terrorism or civil disorder; (b) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, hurricanes, storms, lightning, tomados, tidal waves, floods, extreme weather or environmental conditions, and other natural calamities); (c) or another event beyond the control of the non -performing party and which could not have been avoided or overcome by the exercise of due diligence. 7. The Department intends to conduct a structural inspection of the mast arm structures every sixty (60) months. The inspection report will serve as ninety (90) days 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, graffiti removal, all signal related issues (including lighting, 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 arms installed after April 30, 2015. If the preventive maintenance is not carried out after the expiration of the 90-day notice given to the Maintaining Agency, the Department shall withhold 8.33% up to a maximum of 25% of the total annual compensation amount under this Agreement for the affected signal locations each month. 8. Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of their useful life cycle will be replaced by the Department so long as documented preventive maintenance was satisfactorily performed by the Maintaining Agency. In the case of a total paint failure, as determined by the Department, on a mast arm installed prior to April 30, 2015, the Department may repaint or replace with a galvanized mast arm. The aforementioned requirement does not apply to any mast arm that was installed under a separate mast arm paint finish agreement; in such case, the terms of that agreement shall govem. 9. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however, it shall only make permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 10. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, Department re -timing projects, and the Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing, implementation of such modifications will be coordinated with, or made by, the Maintaining Agency. All signal timing and phasing records shall be retained by the Maintaining Agency for at least three (3) years, and will be made available to the Department upon request. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 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. A on an annual basis through amendment of this 12. The Maintaining Agency and g hey DcY designates hr:;\-y C�ec Exhibit as its authorized epresentati e(s)n Agreement. The Maintainingwho is delegated he ng authority to execute any and all amendments to Exhibit A of this Agreement on behalf chan9t es oamod ficat ons may be made contains a list of Traffic Signals and Devices that identifies their location and type. the it Exhibit A during the Department's operated by the Maintaining Agency uponls and the Departments vfinal accep acceptance o installation its fiscal year must ig maintained ior to the start of of the new Traffic Signals Department to reflect thelning Agency and the Department addition or removal o Traffic Signals and Devices. Exhibit A The Maintaining ning Agency each new fiscal year of P will begin receiving compensation earVoccurr occurring after the Traffic Signals andTraffic Signals and Devices that rDevices are En installed and final adment of this cceptance cceptance of Agreement i t the Department's Y such installation is gMaintaining enta n nthe Agency hall be provided to the Department certifying that no change has beent. In the event that no change has been made to the previous n madetoIbExhibit certification from the Ma 9 9 A r the e) as se forth previous Exhibit B. Flyear. The annual uturre payments will be based on n will be a lump sum payment (minus any retainage or provided n Exhibit A, in accordance with forfeiture) as s gnals and Devices the provisions as set Ex bit A because t eccost of operatinmaintainingrporated in this and rsuch devices sorelatively small. The Department in has factored in these costs and the c SS Signals and Devices compensation provided a not listed inrExhib Exhibit Agreement also covers the cost of operation an maintenance for T 9 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 shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. oval of goods or s shall take 16. The Maintaining Agency 0) s hould k ng aware days. of the The Department has twenty (20) days to deliver time frames. Inspection and ra request for payment (voucher) to no longer than twenty nci g 20 days are measured from the latter of the date the invoice is received or the Department of Financial Services. The twenty ( ) Y the goods or services are received, inspected and approved. ablished pursuant to Section 17. 5 a payment is not available willVlthin forty (40) days, a separate interest penalty at a rate as be due and payable, in addition to the invoice amount, to the tMaintaining Agency. Interest penalties Florida Statutes,gency penalties of less than one (1) dollar will not be enforced unless Merrorsnwilgl Result nr agdelay uestsn the paymentgsTheumed to invoice Maintaining Agency because of Maintaining Agency preparation 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. obtaining timely payment(s) uties of this individual fromalin state ude acting . The Vendoan trgfor Ombudsman may be contacted at (850) 4ors or vendors who may be 3-5516. experiencing problems agency. 19. Records of costs incurred under the terms of this Agreement shall be maintained after final payment iand made s upon Copes request tothe Department at all times during the period of this Agreement and for five (5) yeinclude the Maintaining documents and re cords shall be ecordslandthe Project to the partment upon request. Records of costs records, together with supporting documents anddrecords of the contractor Agency's general ctorsaccounting and all subcontractors performing a proper audit of costs. and all other records of the Contractor and subcontractors considered necessary by the Department 20. If, after Project Agreement, the Depam is made rtment artment may ofsetDepartment ount froresulting m payments due for wok orwork services done under ny pursuant t this which it has P if, upon demand, ayment of the amount is not made agreement days othe Department. Offsetting any amount pursuant t this th the Maintaining Agency owing such tparag paragraph shall not be considered a breach of contract within 60 days to P 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 el herebexcess of y incorporated: 25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)( ), F 750-010-72 TRAFFIC OPERATIONS 06116 Page 3 of 6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT act "The Department, during any fiscal e Iyear, enditurre of money n excess of the amounts budgeted as available for which, it its terms, involves t p expenditure during such ficemay be paid on such contract. The Department shall requract, verbal or written, made in violation ire alstatementlon is from null and void, and noDepartment emoney Y ntract or the Comptroller of the Dp of funds. Nothing herein contained shall prevent thento any such mak making of cone acts for other binding ding1commitment periods exceeding 1 year, but aid for in succeeding fiscal executory this only parrag aphvalue shall be incorporated verbatim rendered all agreed to p verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." ro nation by the 23. The Department's performance and ndiigatior to pay under this Agreement is contingent upon an oval from apprthe opriation nts Legislature. If the Department's funding for this Project is in multiple fiscal years, funds apt royal being received. Comptroller must be received each fiscal year not eligible ais being incurred. ument ifincEx i plrior forfunds funding levels by fiscal year. Project costs utilizing these fiscal year funds The Department will notify the Maintaining Agency, in writing, when funds are available. e an goods or services to a public entity, may not submit a bid of real protract 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on thoe Discriminatory Vendor List may not submit a bid on a contract to pro y k, may tor, supplier, subcontractor, re consultant with a public entity for the be awarded or perform work as contractor, supplier,work, may not submit bids to a public entity, may not under a contract with any public entity, and may not transact business with any public entity. r services to a public entity, may not submit a bid on a contract with a public 25. A person or affiliate who has been placed on goods theconvictedvendor list following a conviction for a public entity crime may no submit a bid on a contract r provide any g a public Ilea, subcontractor, or consultant under a contract with any entity for the construction or repair of a public building or public work, may not submit bids on leases o realproperty entity, may not be awarded or perform work with a contractor, supplier, eshold amount ided in Section pu7.017, blic entity, and may not transact business w period pofthirty-s lic entity In excess of (36) monthshfromr the date of being vplaced on the con v ct d Florida Statutes, for CATEGORY TWO fora vendor list. 26. An entity or affiliate who has had its Certificate t Qualification malfi otlsubm t aended, revoked, bid or perform work denied for the construction oe deterrnined by a public the Department to be anon -responsible contractor Y building or public work on a contract with the Maintaining Agency. 27. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) oft e Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 28. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. 29. The Maintaining Agency shall comply and require contractors and and regulations applicable subcontractors this Project. mply with all terms and conditions o this Agreement and all federal, state, and toeal law e Agreement 30. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will e shared with the Maintaining Agency and well bthe basis of all decisions regarding payment reduction, reworking, eworki g, eg termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility sor specified in the Exhibit A, the Department has time, otherwise the Department shall deduct payment, funds, suspend s the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it corrected within a specified ch termany funds for any deficient maintenance of Traffic Signals and Devices that has not been corrected at the end o time, (b) take whatever action is deemed appropriate by the Department. Any deduction in payment, suspension of funds, or is termination tion of funds does not relieve any obligation of the Maintaining Agency under the terms and tsconditions elsponsibifties Agreement. der the 31. The Department shall monitor the performance of the Maintaining Agency in the fulfillment o Agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year ide st eets land i n.left turn a. Critical Detection device malfunctions: Critical Detection devices include the detector on s reet left turn lanes on the main streets, and all pe90t / land pedestrian detectors within se cycle detectors. Reairs to the side -street enty-two (72) hoursand main tof discovery. detectors shall be made within ninety ( ) days The Maintaining Agency shall ensure that 90% of all CriticaeDeteCy shall notify the Department and corarelcgthe at situlation within any time the level drops below 90 /o, the Maintaining Ag within a time frame determined in the sole discretion of the Department. Discovery and correction dates for Critics 750-010-22 TRAFFIC OPERATIONS 06/16 Page 4 of 6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 06/16 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. b. Traffic signal preventive maintenance inspections: Traffic signals shall receive a comprehensive preventive maintenance inspection on at least 50% of all traffic signals annually, altemating 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, altemating 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. 32. 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 fumish 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. 38. The term of this Agreement is twenty (20) years from the date of execution of the Agreement; provided that either party may cancel this Agreement prior to the expiration of the term of this Agreement. A minimum notice period of two (2) years plus the remaining months of the Department's 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 goveming 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 FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 06/16 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT REVISED TERMS AND CONDITIONSSIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Reimbursement for Maintenance and Operation Compensation for Maintaining Traffic Signals and Devices for FY Effective Date: from to Exhibit A Intersection Location Traffic Signals (TS) Traffic Signal - Interconnected & monitored (IMTS) Intersection Control Beacon (ICB) Pedestrian Flashing Beacon (PFB) Emergency Fire Dept. Signal (FDS) Speed Activate Warning Dis (SAWD) or nk Out Sign ( S) �affic Warning Beacon (TWB) -\) avel ime D or 750-010-22 TRAFFIC OPERATIONS 06/16 Exhibit A Page 1 of 1 interruptible Power Supplies (UPS) Compensation Amount (using Unit Rates from Exhibit B) *Amount paid shall be the Total Lump Su I certify that the above Traffic Signals and De ' s will Agreement. For satisfactory completion of . es retainage or forfeiture) of $ Maintaining Agency Date ti Total Lump Sum Amount* inus any wage or forfeiture). maintained and o ed in accordance with the requirements of the Traffic Signal Maintenance and Compensation iled in this Agre ent for this time period, the Department will pay the Maintaining Agency a Total Lump Sum (minus any District Traffic Operations Engineer Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVI MAINTENANCE AND D TERMS AND NCOMPENSA TDITIONS FOR THE TRAFFIC SIGNAL ON AGREEMENT EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 06/16 Exhibit B Page 1 of 2 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 in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum (minus s any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service. Beginning in the fiscal year 2016-17, for traffic signals that are not interconnected with telecommunications and are not monitored at a central location, the compensation amount shall be $3,131. The compensation amount for traffic signals that are interconnected with telecommunications and are monitored at a central location shall be T4,500 per signal s theocom hese en compensation amount for the various devicion es forrll be in fiscal years 015116 and 2016 17, annning July 1, 2016. d Table below shows the p beyond. Total Lump Sum (minus any retainage or forfeiture) Amount for each fiscal year is calculated by adding all of the individual intersection amounts. rectangular Pedestrian Flashing hoofBeacon: zones, ones Iudes school zone beacons, pedestrian crrosswalks and warning sign locations crossing paid at beacons, unit drate regardless oIf theshing beacons (RRFB). School zo , number of individual beacons or poles. Unit Compensation Rates per Intersection on the State Highway System Speed Activate d Warning Display (SAWD) or Blank Out Sign (BOS) FY 2014- 15* 2015-16 Traffic Signal s (TS) 2,951 3,040 2016-17 3,131 4,500 783 626 1,096 2017-18 Based on the Consumer Price Index (CPI), the 2016-17 compensation amounts will be revised upwards. 2018-19 Based on the CPI, the 2017-18 compensation amounts will be revised upwards. 2019-20 Based on the CPI, the 2018-19 compensation amounts will be revised upwards. *Compensation pro-rata based on intersection approaches or legs on State Highway System. Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation. FFIC SIGNALS DEVICES 3.0 COMPENSATION FOR REPAIR of allservicesREPLACEMNTes related fEepaOand/or rep replacement of damaged Traffic DS gnats and For the satisfactory comp Devices detailed in this Agreement, the Department will pay the Maintaining Agency a Lump Sum amount of the actual costs 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 Traffic Signal Interconnect ed & monitored (IMTS) Intersecti on Control Beacon (ICB) $738 Pedestria n Flashing Beacon (PFB) $295 Emergen cy Fire Dept. Signal (FDS) $738 $148 304 Traffic Warni ng Beaco n (TWB) $148 304 Travel Time Detect or Uninterrupti ble Power Supplies (UPS) 760 608 1,064 313 313 100 100 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISEDTERMS AND INTENANCE ANDNCOMPENSA TDITIONS FOR THE TRAFFIC SIGNAL MA ON AGREEMENT addition damaged Traffic Signals and Devices shall contain the Thetleimbur ain lma t amount is C and any othsubject toal information requested by the Department to justify te costs incurred. approval by the Department. ble to the 4.0 PAYMENT PROCESSING invoice the Department in a format For regular maintenance costs, the the Maintaining reimbursement costncy s incurred by the Maintaining Agency for the previous Department, on an annual basis for year prior to June 30"' of eacth through the Maintaining titer than) u ne 30, 2016 ency shall submit its invoice for the previous year beginning July 1, 2015 gh June 30, 2016 For costs incurred for repair and/or replacement of damaged Traffic Signals and Devices, applicable pleted and supported reimbursements will be envy. The ner the ing Agencytreceives a shall submitpin invoices for repair rrepa and/or replacement lce costs from the Maintaining Agency. Th due to damaged Traffic Signals and Devices at least on an annual basis but the Maintaining Agency may also submit such invoices to the Department on a quarterly basis. 750-010-22 TRAFFIC OPERATIONS 06/16 Exhibit B Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 06/16 Exhibit C Page 1 of 1 EXHIBIT C Reimbursement for Replacement and/or Repair of Damaged Traffic Signals and Devices The Department will reimburse the Maintaining Agency a Lump Sum amount for costs incurred for the replacement and/or repair of Traffic Signals and Devices damaged as a result of third parties or as a result of other causes that were not caused by the Maintaining Agency. The Maintaining Agency is not required to provide a police report in situations where damage is caused to Traffic Signals and Devices by a Force Majeure Event or as a result of other causes beyond the control of the Maintaining Agency that do not necessarily prevent performance, which includes but is not limited to: storms, winds, lightning, flooding and other natural and weather related causes. The Maintaining Agency must provide a police report in all situations where a traffic accident, theft, or vandalism causes damage to Traffic Signals and Devices to the extent the Maintaining Agency has the ability and opportunity to obtain a police report. Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The following information shall be provided by the Maintaining Agency to be eligible for the reimbursement payment: Date and Time of Accident/Incident: Location of Accident/Incident: Provide Police Report (if applicable) and the Following Information: 1. Attach pictures of damaged traffic signals and devices. 2. Attach invoices or receipt of equipment purchased to replace damaged components. 3. Attach detailed documentation of labor costs associated with replacing and/or repairing damaged components, including dates of performance and completion of the work. Contract No.: Project No.: Total Lump Sum Reimbursement Amount I $ The Maintaining Agency hereby certifies that it has replaced and repaired all the Traffic Signals and Devices at the location or signalized intersection referenced above. Henceforth, this document is the Maintaining Agency's request for reimbursement to the Department for the services of restoring the Traffic Signals and Devices to their original operating condition. The Pa es agree to the Total Lump Sum Reimbursement Amount set forth above. du/ A nnttal_�g Agency D to District Traffic Operations Engineer Date EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS MAINTAINED AND OPERATED FOR FY 2017 Effective Date: 7/1/2016 thru 6/30/2017 Maintaining Agency: CITY OF CRESTVIEW Traffic Signal # CONTRACT #: ARW27 FDOT FY % of Total Intersection Locations Type UPS TTD Comp Unit Rate State Amount 001 SR 10 (US 90) @ WILSON ST/MAIN ST/HICKORY ST IMTS Yes $4,500.00 100.00% $4.500.00 002 SR 85 @ PJ ADAMS PKWY 003 SR 85 @ JOHN KING RD IMTS ❑ ❑ Yes $4,500.00 100.00% $4,500.00 IMTS ❑ ❑ Yes $4,500.00 100.00% $4,500.00 004 SR 85 (FERNDON BLVD) @ I-10 EB OFF RAMP IMTS ❑ ❑ Yes $4,500.00 100.00% $4,500.00 005 SR 85 @ MIRAGE RD (WAL-MART) IMTS ❑ ❑ Yes $4,500.00 100.00% $4,500.00 006 SR 85 @ REDSTONE DR IMTS o ❑ Yes $4,500.00 100.00% $4,500.00 007 SR 85 @ DUGON AVE/ALPINE RD IMTS ❑ Yes $4,500.00 100.00% $4,500.00 008 SR 85 @ MAIN ST/CANE AVE IMTS E 0 Yes $4,500.00 100.00% $4,500.00 009 SR 85 @ SR 10 (US 90) IMTS ❑ Yes $4,600.00 100.00% $4,600.00 010 SR 85 @ STILLWELL BLVD/8TH AVE IMTS o 0 Yes $4,500.00 100.00% $4,500.00 011 SR 85 @ GARDEN ST IMTS o 0 Yes $4,500.00 100.00% $4,500.00 012 SR 85 @ SR (1-10 WB OFF RAMP) IMTS ❑ ❑ Yes $4,500.00 100.00% $4,500.00 013 SR 85 @ CRESTVIEW HIGH SCHOOL Sz E Yes $626.00 100.00% $626.00 014 SR 85 @ NORTHWOOD Sz E Yes $626.00 100.00% $626.00 Grand Total $55, 352.00 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 $55,352.00 tq‘SI g— Maintai ing Agency Date dlltR1AC �� � �e� �� � �� W�riSS Printed or Typed Name/Title s-11 c� Dist raffic Operations Engineer Date Page I of I