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Backup Documents 06/09/2015 Item #16A21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO1 6 A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 2 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT -5 4. BCC Office Board of County \ \V Commissioners VAS 6V-4—VS 5. Minutes and Records Clerk of Court's Office —PM b(f 2IM (01514, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Dale A.Ba on,P.E.,GMD,Traffic Phone Number 263-5827 Contact/ Department Operation Agenda Date Item was 6/9/15 Agenda Item Number 16-A-- L Approved by the BCC Type of Document Resolution&Compensation Agreement Number of Original One K'SO Attached with FDOT dols-,. I t3 Documents Attached 2 Ackvine +- t\S PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is es N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/9/15 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's , Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by th BCC,all changes directed by the BCC have been made,and the document is ready f the of Chairman's signature. \N `' Vy\ C I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11 X 21 :_____ fedex.com 1.800.GoFedEx 1800 463 3339 n L Dn :Et. o m m 0 3 O c' g c EK E d OCA s m iv: x� 1 3 mm 5 3 v mGM rr w c"" v ._ a cI4 03 ' • `I) 0 g •• 1fr r _ ag ,meS o or cp yn ^ V -Z ...D Q c-- ,c5, aso d 1 14.. V. Gay a s N ` z1 t- . ° ► e. a m�' CPy A • LZ. 0 3Rm cfl cn 'A" u, - * .......) ) 1 n .t' , ■Vi 0 Ln Ln I Z g '� c 4N IP! • RJ '..1 es= 4 v ❑ ❑ �/I — v �, o co � 6 � 'fie • L n c• a, Viag , NMita. f f a • CO• l ei - kg ❑ - fl ❑ , ❑ ❑ " v. ❑ ❑ ❑ . it o EA- ya. gmz 'C IIU ZyT'? AP � E m3yx r Flo % mi1 6 Fan. .mCx l_ ❑ F. 'glig N 1• I I a 10 ir .,;;1' e II cm rl t H ❑- g 1,m 'vl a SSW. FZ g' 11 it sa 20 no si co ▪ ti 1 I m I ci >a z n 4 = [ i 2 i`s gS=_ a W CD tm I 5 W f ❑ i 1 19 0 i 11 is; iCD E 1. » g4 Avg >a I A I, I �g s o m `dm' cmi g 8 g" °=! n m '4+ii o f iS I i 2 0 9 6 •� 9a9..;m o q O. F 2Yg 6 < ir.a z' co ❑ - in iip �� ffi p K X =CCCCC g�( $ §'O2222 33g 0 p[� m E.4 i §gP. xt a. °, ❑ i r li :a I a uf E.,. Im tr ❑ .. m I- S$m f o 0 rtig m p i" g $N i Co1 f Collier 1 6 A 2 CLERK OF THE CIRC IT COURT COLLIER COUNTI't1!'OUR OUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock- tai -rk of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 _�' NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor'(,ustian of County Funds L=r June 15, 2015 Steve Miller, Traffic Operations Specialist Florida Department of Transportation P.O. Box 1249 801 N. Broadway Ave. Bartow, FL 33830 Mr. Miller, Enclosed is a certified Resolution and two Original Agreements approved by the Collier County Board of Commissioners on June 9, 2015 regarding transfer of Traffic Signal Maintenance and Compensation. Please process with the additional signature needed and return a fully executed original back to my office at the address below. If you have any questions, please contact me at 239-252-8411. Thank you, C CC2— eresa Cannon, Senior Deputy Clerk Minutes & Records Department 3299 Tamiami Trail East Suite#401 Naples, FL 34112 Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 1 6 A 2 1 RESOLUTION NO. 2015 1 1 3 A RESOLUTION APPROVING THE EXECUTION OF A TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Florida Department of Transportation ("FDOT") has jurisdiction over certain State Roadways within Collier County that have intersections controlled by traffic signals; and WHEREAS, the FDOT has determined that the maintenance, operation and repair of said traffic signals is most efficiently and safely accomplished by use of employees and agents of a local government agency, referred to as the "Maintaining Agency;" and WHEREAS, Collier County has and is performing the duties of a Maintaining Agency for certain traffic signals on State Roadways in unincorporated Collier County under an existing Traffic Signal Maintenance and Compensation Agreement, which compensates Collier County for the cost of maintenance and operation of various traffic signals and devices; and WHEREAS, Collier County continues to have direct costs in labor, parts and electricity incurred in maintaining FDOT traffic signals and devices and FDOT is proposing a revised Traffic Signal Maintenance and Compensation Agreement, that includes a requirement to annually update the list of traffic signals and devices for which the Collier County is entitled to compensation; and WHEREAS, FDOT and Collier County agree that it is in the public interest that the parties enter into a revised Traffic Signal Maintenance and Compensation Agreement. 1 16A21 2 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida (the "Board") agrees to the terms and provisions of the attached Traffic Signal Maintenance and Compensation Agreement. 2. The Board authorizes its Chairman to sign the Agreement on behalf of Collier County. 3. The Clerk to the Board is hereby directed to forward a certified copy of this Resolution to the Florida Department of Transportation in Bartow, Florida. 4. This Resolution shall take effect immediately upon adoption. This resolution adopted after motion, second, and majority vote favoring same this ck-W% th day of June, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA. 4y '" ,' Dye ,r,,` S : / ./ar-e.-4 .:_, By: k,r 'IRIn's Tim Nance, Chairman siggnatureony. Approved as to form and legality: By: &., Y re// Scott R. Teach Deputy County Attorney W...7 552LOMMINIM 9=1.21W9/005.1•WEEMI A.. `tem# Ili#2_j Agenda (O 1 q' Date l IDR: l01 d j 2 Deputy Clerk _ _ , 0 1 6 A 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Page 1 of 5 CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. THIS TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT("Agreement"), is entered into this day of between the Florida Department of Transportation, an agency of the Stateof Florida, herein called,the"Department" and Boarof County Commissioners of Collier county, iflorida ("Maintaining Agency"). WITNESSETH: A. The Department is authorized under Section 335.055, Florida Statutes,to enter into this Agreement. B. The Maintaining Agency is authorized under Resolution NO. 2015-113 to enter into this Agreement and has authorized its undersigned representative to enter into and execute this Agreement on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged,the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, interconnected and monitored traffic signals(IMTS)(defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic signal systems (defined as central computer, cameras, message signs, communications devices, interconnect/network,vehicle,bicycle&pedestrian detection devices,traffic signal hardware and software,preemption devices, and uninterruptible power supplies("UPS")), control devices(defined as intersection control beacons,traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons)), and emergency/fire department signals and speed activated warning displays. The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of installation of each signal or device. All traffic signals and control devices mentioned in this paragraph are referred to in this Agreement as"Traffic Signals and Devices". 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. Payments by the Department will be made in accordance with Exhibit B. In the case of construction contracts,the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association(IMSA)and operational requirements of the Manual on Uniform Traffic Control Devices(MUTCD), as amended. 4. The Maintaining Agency's maintenance responsibilities include,but are not limited to, locates, preventive maintenance(periodic inspection, service and routine repairs), restoration of services, and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage). Restoration of services may include temporary poles, stop signs or other methods to maintain traffic.The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 5. The Department intends to conduct a structural inspection of the mast arm structures and strain poles every 60 months, which inspection shall comply with the checklist included in Exhibit C, attached to and incorporated in this Agreement. The inspection report will serve as a 90-day notification to the Maintaining Agency that deficiencies exist which require preventative maintenance and periodic maintenance. Preventative maintenance includes but is not limited to: spot painting, cleaning, all wiring issues, graffiti removal, all signal related issues (lighting, signs and connections), and response to traffic impact including repair and replacement of all components damaged by the traffic impact. For any new painted mast arms installed after the date of this agreement, preventative maintenance includes all items described above and also includes repainting, tightening of nuts, replacing missing or deficient bolts, replacement of missing cap covers or equivalent, replacement of missing or deficient access hole cover plates, and repairing improper grounding. Damaged mast arm structures and strain poles must be properly repaired or replaced by the Maintaining Agency. If the Maintaining Agency is not successful in recovering damage costs from responsible party(ies) within 180 days from the occurrence of damage, the Department will reimburse the Maintaining Agency for costs 16A21 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Page 2 of 5 incurred due to traffic impacts to mast arms,which reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Department will pursue reimbursements from individuals and/or the third parties who cause damages to mast arms and are liable for replacement/repair costs. Failure to perform preventative maintenance after notification of an inspection deficiency will result in the Maintaining Agency being responsible for the corrective actions. If spot painting or any other described preventative maintenance is not carried out, there shall be a 25% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance is performed. For each month subsequent to the expiration of the 90-day notice given to the Maintaining Agency that preventative maintenance deficiencies exist, 1/12"'of the annual compensation amount for the affected signal locations will be forfeited up to 25% of the annual compensation amount. In the case of a total paint failure on a mast arm installed prior to the date of this Agreement, the Department will fund the cost of repainting. This does not include any mast arm that was installed with a separate mast arm painted finish agreement. The terms of that agreement will control. 6. Periodic maintenance includes but is not limited to: repair of cracks in the mast arm structure; removal and/or repair of grout pads; resetting of anchor bolts; and repair or replacement of deteriorated anchor bolts and nuts. For any new mast arm installations after the date of this Agreement, if a Maintaining Agency requests a painted mast arm, the Maintaining Agency agrees to perform all required periodic and preventative maintenance. Any periodic maintenance performed on the mast arm structure by the Maintaining Agency needs Department approval prior to commencement of work and shall be performed within 90 days unless under an emergency situation. Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of its useful life will be replaced by the Department so long as documented preventative maintenance and any applicable periodic maintenance was satisfactorily performed by the Maintaining Agency. The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic maintenance of mast arms: 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 Agreement) Periodic maintenance of structures (for any new painted and existing painted structures with signed separate Agreement) Damage repair or replacement of structures Compensate Maintaining Agency for damage repair or replacement of structures Replacement at end of life cycle of the structure 7. The Department will reimburse the Maintaining Agency for costs incurred due to traffic impacts to traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain pole repair or replacement, and all devices shown in Exhibit A, if the Maintaining Agency is not successful in recovering damage costs from responsible parties. The Maintaining Agency will be responsible for pursuing reimbursements from individuals and/or the third parties that cause damages. However, if the Maintaining Agency is not successful in recovering damage costs from responsible party(ies)within 180 days from the occurrence of damage, the Department will pursue reimbursements from individuals and/or the third parties who cause damages and are liable for replacement/repair costs to the traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies,pedestrian flashing beacons,strain poles,and all devices shown in Exhibit A.Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. 8. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however,it shall only make permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. a. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, Department re-timing projects, and the Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets, sequence) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing. 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. 1 1 6 A 2 3. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 3 of 5 9. The Maintaining Agency shall note in the maintenance log any changes in timings and phasings, and keep a copy of the timings and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 10. The Maintaining Agency and the Department shall update Exhibit A on an annual basis which Exhibit A is attached to and incorporated in this Agreement. Exhibit A will contain all Traffic Signals and Devices on the State Highway System which are within the jurisdiction of the Maintaining Agency, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications may be made to Exhibit A during the Department's fiscal year for compensation. New Traffic Signals and Devices added by the Department during its fiscal year must be maintained and operated by the Maintaining Agency upon the Department's final acceptance as stated in paragraph 2. The Maintaining Agency and the Department shall update Exhibit A preceding each Department's fiscal year, which will include all new Department Traffic Signals and Devices added during the Department's previous fiscal year and delete those removed. Exhibit A will need to be incorporated into this Agreement by an amendment to this Agreement each time Exhibit A is updated. The Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices in the Department's fiscal year after the Traffic Signals and Devices are installed and final acceptance is given by the Department. In the event that no change has been made to the previous year's Exhibit A, a certification from the Maintaining Agency shall be provided to the Department certifying that no change has been made to Exhibit A in the Department's previous fiscal year. The annual compensation will be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this Agreement. 11. Payment will be made in accordance with Section 215.422, Florida Statutes. 12. There shall be no reimbursement for travel expenses under this Agreement. 13. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 14. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than twenty(20)working days. The Department has twenty(20)days to deliver a request for payment(voucher)to the Department of Financial Services. The twenty(20)days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 15. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest penalties of less than one(1)dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 16. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516 or by calling the Division of Consumer Services at 1- 877-693-5236. 17. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three(3)years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Maintaining Agency's general accounting records and the project records,together with supporting documents and records,of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 18. In the event this contract is for services in excess of$25,000.00 and a term for a period of more than one(1)year,the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The Department,during any fiscal year,shall not expend money,incur any liability,or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written. made in violation of this subsection is null and void,and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000.00 and which have a term for a period of more than 1 year." 1 2 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Page 4 of 5 19. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 20. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,supplier,contractor, supplier, subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity. 21. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 22. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 23. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking, Agreement termination,or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic Signal(s)and Device(s)maintenance not corrected at the end of such time, or(b)take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 24. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following: a. Critical Detection device malfunctions:Critical detection is defined as the detection on side-streets and in left turn lanes on the main streets, and all pedestrian/bicycle detection. Repairs to the side-street and main street left turn detections shall be made within sixty(60)days of discovery and repairs to the pedestrian detection shall be made within 72 hours after notification.All these events shall be logged into the annual report. If repairs cannot be performed within 60 days, the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. The Maintaining Agency shall ensure that 90% of all critical detectors systemwide are operating properly at all time. Any time the level drops below 90%,the Agency would have ninety(90)days to correct the situation.A 5%retainage of the total annual compensation amount (as shown in Exhibit A) will be withheld whenever the 90% critical detection requirement is not met within the 90-day period. b. Traffic signal preventative maintenance inspections: All traffic signals shall receive at least one(1)minor preventative maintenance inspection, preferably two inspections, within a twelve (12) month period. Preventative maintenance inspection shall include verification that all detection is working,the signal is cycling properly,the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, and check hinges and door locks. At least one(1)conflict monitor test shall be performed during a twelve(12) month period.Each test is to be documented and included in the annual report to the Department.The inspection report should note the location, date of inspection and any items noted. If the traffic signals do not receive at least one (1) minor preventative maintenance inspection during a twelve(12)month period, there shall be a 20% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance inspection is made. If not performed within the state's fiscal year. the 20% retainage of the annual compensation amount for the affected signal locations will be forfeited. c. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically monitored via software by personnel at a central location and are therefore receiving the higher compensation amount as described in Exhibit B, the name(s). titles of those monitoring those intersections, and the location of the central monitoring facility(s)are to be documented and contained in the annual report submitted to the Department. d. In addition to the above requirements, if at least 50% of the traffic signals are not inspected and if at least half of the critical detection requirements as stated in 24a are not met, the Department will retain an additional 25% of the remaining compensation amount. 6 A2 1 ,; STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Page 5 of 5 25. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and devices on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 26. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 27. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by the Department. 28. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 29. This term of this Agreement is twenty(20)years; provided that either party may cancel this Agreement prior to the expiration of the term of this Agreement.A minimum notice period of two(2)years plus the remaining months of the Department's fiscal year shall be provided to the other party in writing. Should the Maintaining Agency provide its written notice of cancellation to the Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body)under which the Agency operates. 30. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s)between the parties, except specific separate Agreements covering painted mast arm maintenance or any other aspect related to the painting of mast arms. 31. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's obligation under this Agreement.The remaining intersections and corridors would continue to be covered under this Agreement. The Department will provide a minimum of one year notice prior to take-over of maintenance of critical corridors or critical intersections. 32. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency. 33. The Maintaining Agency shall: a. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Maintaining Agency during the term of the contract; and b. expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 34. Exhibits A, B, and C are attached and incorporated by reference. 35. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF,the parties have caused these presents to be executed,the day and year first above written. Board of County Commissioners of Collier County ,Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (MainlaiPiRLAgen ) By By (Authorized Signature) (Authorized Signature) Print/Type Name: TIM NANCE Print/Type Name: ap r Title: CHAIRMAN Title: Attest: Legal Review: •-t ri% Attorney: cS--fieb1-- , Date: t/ �S / ATTEST � • :; DWIGHT E. B OO I , CLERK 014,44)yr,A mfr 16A21 , IN cn Ui CO r`I Z - ..- r, O v O sH o Q 0 O 0 C O C C C C o 0 0 0 0 C O 0 C O o 0 0 0 0 C o 0 0 0 0 0 0 0 0 0 0 E 00000000000000000000000000000000000 o� w rt, ° S ° o 0 o a o o d o 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o 0 0 0 a w '' "' m v v v C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C O tt c coo o 0 V N C N rl COi ri ...4. rl CO trl CO CO1 rl ni CO CO CO1 CO CO CO1 CO CO COi CO rri CO COl CO CO CO CO CO CO (CO1 rrl tri CO rri s ao x E O w «. w o E E a n 1- V. V, VT V? 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E .in l ; 22 E - & a « « « � « � - o § )| » a ; « « aa U0 16A21 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Exhibit B Page 1 of 1 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum (minus any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment (minus any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service. Beginning in the fiscal year 2016-17, for traffic signals which are not interconnected with telecommunications and are not monitored at a central location, the compensation amount shall be$3,131. The compensation amount for traffic signals that are interconnected with telecommunications and are monitored at a central location shall be $4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, 2016. The Table below shows the compensation amount for the various devices for fiscal years 2015-16 and 2016-17, and beyond. Total Lump Sum (minus any retainage or forfeiture)Amount for each fiscal year is calculated by adding all of the individual intersection amounts. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons or poles. Unit Compensation Rates per Intersection on the State Highway System Speed Activate d Traffic Signal Warning Traffic Intersecti Pedestria Emergen Display Warni Interconnect on n cy Fire (SAWD) ng Travel Uninterrupti Traffic ed& Control Flashing Dept. or Blank Beaco Time ble Power Signal monitored Beacon Beacon Signal Out Sign n Detect Supplies FY s(TS) (IMTS) (ICB) (PFB) (FDS) (BOS) (TWB) or (UPS) 2014- $ 15* 2,951 $738 $295 $738 $148 $148 2015-16 3,040 760 608 1,064 304 304 2016-17 3,131 4,500 783 626 1,096 313 313 100 100 2017-18 Based on the Consumer Price Index (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. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30th of each year . For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1, 2015 through June 30, 2016 no later than June 30, 2016. �r� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Exhibit C Page 1 of 1 EXHIBIT C TRAFFIC SIGNAL MAST ARM CHECKLIST Traffic Signal Mast Arm Checklist • Foundation, including condition of grout pad if present • Anchor bolts and nuts • Base plate • Base plate connection to vertical member • Hand hole and hand hole covers and inside of vertical member by removing hand hole covers • Connections between vertical and horizontal members • Any member splices • Attachments • Member caps 1 6 A21 Centennial FLED #43 -"NTY. FLORIDA 1915*2015 2015 JUL 2 i PMr'lo I . .f ment o Department Transportation 1, RICK K._41Ti OF COURTS 801 North Broadway JIM BOXOLD GOVERNOR Bartow,FL 33830 SECRETARY RY _D C June 23, 2015 Mr. Jay Ahmad, P.E. Transportation Engineering Director Collier County 2885 South Horseshoe Drive Naples, FL, 34104 RE: Traffic Signal Maintenance and Compensation Agreement Dear Mr. Ahmad: I have enclosed a copy of the executed Exhibit A for Fiscal Year 2015/2016 for your files. This will provide for signal maintenance reimbursement as stipulated in the Traffic Signal Maintenance and Compensation Agreement. If you have any questions regarding this matter please contact me at(863) 519-2206. Sincerely, Steve Miller Traffic Operations Specialist SM:ca Enclosure cc: Teresa Cannon, Senior Deputy Clerk, Collier County Anthony Kahwaja, P.E., Chief Traffic Operations Engineer, Collier County SharePoint\TrafficOps\Admin\Typing Files\Drafts\Executed Exhibit A FYI5-16\Collier County.doc www.dot.state.fl.us 16A21 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Page 1 of 5 CONTRACT NO. "7 t2XS6 FINANCIAL PROJECT NO. Y/2666/926/ F.E.I.D. NO. P3-96o00,515-go02 THIS TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT("Agreement"), is entered into this 23Pot day of ?o'S between the Florida Department of Transportation, an agency of the State of Florida, herein called the';Department" and Board of County Commissioners of Collier County, Florida ("Maintaining Agency"). WITNESSETH: A. The Department is authorized under Section 335.055, Florida Statutes,to enter into this Agreement. B. The Maintaining Agency is authorized under Resolution NO. 2015-113 to enter into this Agreement and has authorized its undersigned representative to enter into and execute this Agreement on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged,the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals,interconnected and monitored traffic signals(IMTS)(defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic signal systems (defined as central computer, cameras, message signs, communications devices, interconnect/network,vehicle,bicycle&pedestrian detection devices,traffic signal hardware and software,preemption devices, and uninterruptible power supplies("UPS")), control devices(defined as intersection control beacons,traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons)),and emergency/fire department signals and speed activated warning displays. The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of installation of each signal or device. All traffic signals and control devices mentioned in this paragraph are referred to in this Agreement as"Traffic Signals and Devices". 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. Payments by the Department will be made in accordance with Exhibit B. In the case of construction contracts,the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association(IMSA)and operational requirements of the Manual on Uniform Traffic Control Devices(MUTCD), as amended. 4. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates,preventive maintenance(periodic inspection, service and routine repairs), restoration of services, and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage). Restoration of services may include temporary poles, stop signs or other methods to maintain traffic.The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 5. The Department intends to conduct a structural inspection of the mast arm structures and strain poles every 60 months,which inspection shall comply with the checklist included in Exhibit C, attached to and incorporated in this Agreement.The inspection report will serve as a 90-day notification to the Maintaining Agency that deficiencies exist which require preventative maintenance and periodic maintenance. Preventative maintenance includes but is not limited to: spot painting, cleaning, all wiring issues, graffiti removal, all signal related issues (lighting, signs and connections), and response to traffic impact including repair and replacement of all components damaged by the traffic impact. For any new painted mast arms installed after the date of this agreement, preventative maintenance includes all items described above and also includes repainting, tightening of nuts, replacing missing or deficient bolts,replacement of missing cap covers or equivalent,replacement of missing or deficient access hole cover plates, and repairing improper grounding. Damaged mast arm structures and strain poles must be properly repaired or replaced by the Maintaining Agency. If the Maintaining Agency is not successful in recovering damage costs from responsible party(ies) within 180 days from the occurrence of damage, the Department will reimburse the Maintaining Agency for costs S 1 6 A 21 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Page 2 of 5 incurred due to traffic impacts to mast arms,which reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Department will pursue reimbursements from individuals and/or the third parties who cause damages to mast arms and are liable for replacement/repair costs. Failure to perform preventative maintenance after notification of an inspection deficiency will result in the Maintaining Agency being responsible for the corrective actions. If spot painting or any other described preventative maintenance is not carried out,there shall be a 25% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance is performed. For each month subsequent to the expiration of the 90-day notice given to the Maintaining Agency that preventative maintenance deficiencies exist, 1/12"'of the annual compensation amount for the affected signal locations will be forfeited up to 25%of the annual compensation amount. In the case of a total paint failure on a mast arm installed prior to the date of this Agreement,the Department will fund the cost of repainting. This does not include any mast arm that was installed with a separate mast arm painted finish agreement. The terms of that agreement will control. 6. Periodic maintenance includes but is not limited to: repair of cracks in the mast arm structure; removal and/or repair of grout pads; resetting of anchor bolts; and repair or replacement of deteriorated anchor bolts and nuts. For any new mast arm installations after the date of this Agreement, if a Maintaining Agency requests a painted mast arm, the Maintaining Agency agrees to perform all required periodic and preventative maintenance. Any periodic maintenance performed on the mast arm structure by the Maintaining Agency needs Department approval prior to commencement of work and shall be performed within 90 days unless under an emergency situation. Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of its useful life will be replaced by the Department so long as documented preventative maintenance and any applicable periodic maintenance was satisfactorily performed by the Maintaining Agency. The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic maintenance of mast arms: 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 Agreement) Periodic maintenance of structures (for any new painted and existing painted structures with signed separate Agreement) Damage repair or replacement of structures Compensate Maintaining Agency for damage repair or replacement of structures Replacement at end of life cycle of the structure 7. The Department will reimburse the Maintaining Agency for costs incurred due to traffic impacts to traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain pole repair or replacement, and all devices shown in Exhibit A, if the Maintaining Agency is not successful in recovering damage costs from responsible parties. The Maintaining Agency will be responsible for pursuing reimbursements from individuals and/or the third parties that cause damages. However, if the Maintaining Agency is not successful in recovering damage costs from responsible party(ies)within 180 days from the occurrence of damage, the Department will pursue reimbursements from individuals and/or the third parties who cause damages and are liable for replacement/repair costs to the traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies,pedestrian flashing beacoris,strain poles,and all devices shown in Exhibit A.Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. 8. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however, it shall only make permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. a. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, Department re-timing projects, and the Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets, sequence) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing, 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. CZ-1) iô21 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Page 3 of 5 9. The Maintaining Agency shall note in the maintenance log any changes in timings and phasings, and keep a copy of the timings and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 10. The Maintaining Agency and the Department shall update Exhibit A on an annual basis which Exhibit A is attached to and incorporated in this Agreement. Exhibit A will contain all Traffic Signals and Devices on the State Highway System which are within the jurisdiction of the Maintaining Agency, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications may be made to Exhibit A during the Department's fiscal year for compensation. New Traffic Signals and Devices added by the Department during its fiscal year must be maintained and operated by the Maintaining Agency upon the Department's final acceptance as stated in paragraph 2. The Maintaining Agency and the Department shall update Exhibit A preceding each Department's fiscal year, which will include all new Department Traffic Signals and Devices added during the Department's previous fiscal year and delete those removed. Exhibit A will need to be incorporated into this Agreement by an amendment to this Agreement each time Exhibit A is updated. The Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices in the Department's fiscal year after the Traffic Signals and Devices are installed and final acceptance is given by the Department. In the event that no change has been made to the previous year's Exhibit A, a certification from the Maintaining Agency shall be provided to the Department certifying that no change has been made to Exhibit A in the Department's previous fiscal year. The annual compensation will be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this Agreement. 11. Payment will be made in accordance with Section 215.422, Florida Statutes. 12. There shall be no reimbursement for travel expenses under this Agreement. 13. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 14. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than twenty(20)working days. The Department has twenty(20)days to deliver a request for payment(voucher)to the Department of Financial Services. The twenty(20)days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 15. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest penalties of less than one(1)dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 16. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516 or by calling the Division of Consumer Services at 1- 877-693-5236. 17. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three(3)years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Maintaining Agency's general accounting records and the project records,together with supporting documents and records,of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 18. In the event this contract is for services in excess of$25,000.00 and a term for a period of more than one(1)year,the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The Department,during any fiscal year,shall not expend money,incur any liability,or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void,and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000.00 and which have a term for a period of more than 1 year." 1621 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Page 4 of 5 19. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 20. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,contractor,supplier,subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity. 21. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 22. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 23. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking, Agreement termination,or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic Signal(s) and Device(s) maintenance not corrected at the end of such time, or(b)take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 24. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following: a. Critical Detection device malfunctions:Critical detection is defined as the detection on side-streets and in left turn lanes on the main streets, and all pedestrian/bicycle detection. Repairs to the side-street and main street left turn detections shall be made within sixty(60)days of discovery and repairs to the pedestrian detection shall be made within 72 hours after notification.All these events shall be logged into the annual report. If repairs cannot be performed within 60 days, the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. The Maintaining Agency shall ensure that 90% of all critical detectors systemwide are operating properly at all time. Any time the level drops below 90%,the Agency would have ninety(90)days to correct the situation.A 5%retainage of the total annual compensation amount (as shown in Exhibit A) will be withheld whenever the 90% critical detection requirement is not met within the 90-day period. b. Traffic signal preventative maintenance inspections:All traffic signals shall receive at least one(1)minor preventative maintenance inspection, preferably two inspections, within a twelve (12) month period. Preventative maintenance inspection shall include verification that all detection is working, the signal is cycling properly,the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, and check hinges and door locks. At least one(1)conflict monitor test shall be performed during a twelve(12)month period.Each test is to be documented and included in the annual report to the Department.The inspection report should note the location, date of inspection and any items noted. If the traffic signals do not receive at least one (1) minor preventative maintenance inspection during a twelve(12)month period, there shall be a 20% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance inspection is made. If not performed within the state's fiscal year, the 20% retainage of the annual compensation amount for the affected signal locations will be forfeited. c. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically monitored via software by personnel at a central location and are therefore receiving the higher compensation amount as described in Exhibit B, the name(s), titles of those monitoring those intersections, and the location of the central monitoring facility(s)are to be documented and contained in the annual report submitted to the Department. d. In addition to the above requirements, if at least 50% of the traffic signals are not inspected and if at least half of the critical detection requirements as stated in 24a are not met, the Department will retain an additional 25% of the remaining compensation amount. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1 67` 22 1 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Page 5 of 5 25. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to,agreements relating to costs and expenses incurred in connection with the operation of traffic signals and devices on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 26. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 27. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by the Department. 28. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 29. This term of this Agreement is twenty(20)years; provided that either party may cancel this Agreement prior to the expiration of the term of this Agreement.A minimum notice period of two(2)years plus the remaining months of the Departments fiscal year shall be provided to the other party in writing. Should the Maintaining Agency provide its written notice of cancellation to the Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body)under which the Agency operates. 30. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, except specific separate Agreements covering painted mast arm maintenance or any other aspect related to the painting of mast arms. 31. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's obligation under this Agreement.The remaining intersections and corridors would continue to be covered under this Agreement. The Department will provide a minimum of one year notice prior to take-over of maintenance of critical corridors or critical intersections. 32. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency. 33. The Maintaining Agency shall: a. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Maintaining Agency during the term of the contract; and b. expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 34. Exhibits A, B, and C are attached and incorporated by reference. 35. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF,the parties have caused these presents to be executed,the day and year first above written. Board of County Commissioners of Collier County ,Florida ATE OF FLORI A DE •RTMENT • T- •NSPORTATION LMai,daining Agen ) By By 1 ? f . 6 /. - (Authorized Signature) (Authorize&Slgnature) Print/Type Name: TIM NANCE Prin pe Name: 4Ar 1. •S L.II ,> Title: CHAIRMAN Title: SIS OVIAr , Zfal Y Attest: Legal Review: .. Attorney: *-- /124. Date: D 1 l ATTEST ... w DWIGHT E. 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[ 22 ( ] ) \ = j $ § ® 7 ® / a) § - -c a \ § I- N L',.., 1- k w < ) \ } k \ { \o / \/ )cu ƒ - / // _ { � _ $ \ / G > » y ® f \ \ \ \ 9999 \ \ E 7 Z Z E Z Z _ ! 7 �a } < £ 7\ N. ® \ 3 & &\ y o - 333333 « \ 0f 2222222 Ev - & mama § § ID U § § » § § mama \ \ 6 A 21 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Exhibd B Page 1 of 1 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum (minus any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment(minus any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service. Beginning in the fiscal year 2016-17, for traffic signals which are not interconnected with telecommunications and are not monitored at a central location, the compensation amount shall be$3,131. The compensation amount for traffic signals that are interconnected with telecommunications and are monitored at a central location shall be $4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, 2016. The Table below shows the compensation amount for the various devices for fiscal years 2015-16 and 2016-17, and beyond. Total Lump Sum (minus any retainage or forfeiture)Amount for each fiscal year is calculated by adding all of the individual intersection amounts. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons or poles. Unit Compensation Rates per Intersection on the State Highway System Speed Activate d Traffic Signal Warning Traffic Intersecti Pedestria Emergen Display Warni Interconnect on n cy Fire (SAWD) ng Travel Uninterrupti Traffic ed & Control Flashing Dept. or Blank Beaco Time ble Power Signal monitored Beacon Beacon Signal Out Sign n Detect Supplies FY s(TS) (IMTS) (ICB) (PFB) (FDS) (BOS) (TWB) or (UPS) 2014- $ 15* 2,951 $738 $295 $738 $148 $148 2015-16 3,040 760 608 1,064 304 304 2016-17 3,131 4,500 783 626 1,096 313 313 100 100 2017-18 Based on the Consumer Price Index(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. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30th of each year. For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1, 2015 through June 30, 2016 no later than June 30, 2016. 16421 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Exhibit C Page 1 of 1 EXHIBIT C TRAFFIC SIGNAL MAST ARM CHECKLIST Traffic Signal Mast Arm Checklist • Foundation, including condition of grout pad if present • Anchor bolts and nuts • Base plate • Base plate connection to vertical member • Hand hole and hand hole covers and inside of vertical member by removing hand hole covers • Connections between vertical and horizontal members • Any member splices • Attachments • Member caps 0