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Agenda 06/13/2023 Item #16B3 (To approve Amendment to Contract #ARX56, the FDOT Traffic Signal)16.B.3 06/13/2023 EXECUTIVE SUMMARY Recommendation to approve an Amendment to Contract No. ARX56, Financial Project 412666-1-88-01, State of Florida Department of Transportation (FDOT), State Highway Traffic Signal, Maintenance and Compensation Agreement, for maintenance of FDOT owned traffic signal systems to be maintained by Collier County Traffic Operations, and to approve a Resolution authorizing the Chief Engineer of Traffic Operations to approve amendments consisting of ministerial annual updates to the State Highway Traffic Signal, Maintenance and Compensation Agreement (Contract No. ARX56, Financial Project 41266618801) with FDOT. OBJECTIVE: To approve an Amendment to Contract No. ARX56 (the Contract), the FDOT Traffic Signal, Maintenance and Compensation Agreement, for maintenance of traffic signals, and to approve a Resolution authorizing the Chief Engineer of Traffic Operations to approve amendments consisting of ministerial annual updates to State Highway Traffic Signal, Maintenance and Compensation Agreement (Contract No. ARX56, the Agreement) with FDOT. CONSIDERATIONS: The Board approved the Contract on June 9, 2015, (Agenda Item 16A21), which designated the County as the maintaining agency of FDOT owned traffic signal systems and compensates the County for serving in that capacity. On October 11, 2016, (Agenda Item 16A7), the Board approved Amendment No. 1 to the Contract, which revised certain terms and conditions and to the Contract and its attached exhibits. The attached proposed Amendment further revised conditions to the Contract and Contract Exhibits "A", "B" and "C" to include reimbursement for connected and automated vehicle devices. FDOT is requesting a Resolution memorializing the Board's express grant of authority that the Chief Engineer of Traffic Operations may approve the annual ministerial updates to the Agreement concerning the Exhibit List to the Contract, which identifies the intersection locations of the various FDOT traffic signals maintained by the County. The Exhibit List is often updated annually to reflect any new additions or subtractions of identified traffic signals under the Contract. FISCAL IMPACT: The FDOT State Highway Traffic Signal, Maintenance and Compensation Agreement compensates maintaining agencies for this work. Collier County Traffic Operations will receive $424,288.00 in Fiscal Year 2024 for existing FDOT roadway traffic signal maintenance. Revenues are budgeted in Transportation Services Fund (1001), Traffic Operations Cost Center (163630). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: That the Board approve an Amendment to Contract No. ARX56, Financial Project 41266618801, FDOT, State Highway Traffic Signal, Maintenance and Compensation Agreement, for maintenance of FDOT owned traffic signal systems to be maintained by Collier County Traffic Operations, and to approve a Resolution authorizing the Chief Engineer of Traffic Operations to approve amendments consisting of ministerial annual updates to the State Highway Traffic Signal, Maintenance and Compensation Agreement (Contract No. ARX56, Financial Project 41266618801) with FDOT. Prepared By: Leandro A. Goicoechea P.E., Supervisor Project Management, Transportation Engineering Division ATTACHMENT(S) 1. Resolution (rev) - Amend FDOT Agreement for traffic signal maintenance - JAK signed (PDF) 2. Amendment to Traffic Signal Maintenance and Compensation Agreement - JAK signed (PDF) Packet Pg. 582 16.B.3 06/13/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.3 Doe ID: 25555 Item Summary: Recommendation to approve an Amendment to Contract No. ARX56, Financial Project 412666- 1-88-01, State of Florida Department of Transportation (FDOT), State Highway Traffic Signal, Maintenance and Compensation Agreement, for maintenance of FDOT owned traffic signal systems to be maintained by Collier County Traffic Operations, and to approve a Resolution authorizing the Chief Engineer of Traffic Operations to approve amendments consisting of ministerial annual updates to the State Highway Traffic Signal, Maintenance and Compensation Agreement (Contract No. ARX56, Financial Project 41266618801) with FDOT. Meeting Date: 06/13/2023 Prepared by: Title: Project Manager — Transportation Engineering Name: Leandro Goicoechea 05/18/2023 10:43 AM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 05/18/2023 10:43 AM Approved By: Review: Growth Management and Community Development Department Jeanne Marcella Department Transportation Management Operations Support Tara Castillo Growth Management and Community Development Department Anthony Khawaja Transportation Engineering Jay Ahmad Additional Reviewer Transportation Management Services Department Trinity Scott Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Community & Human Services Maggie Lopez Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Transportation Management Services Completed 05/18/2023 11:36 AM Additional Reviewer Completed 05/18/2023 5:17 PM Additional Reviewer Completed 05/19/2023 12:24 PM Completed 05/19/2023 2:54 PM Transportation Completed 05/23/2023 11:26 AM Completed 05/23/2023 3:54 PM Completed 05/26/2023 4:25 PM Completed 05/31/2023 3:09 PM Completed 05/31/2023 5:24 PM Completed 06/05/2023 10:51 AM 06/13/2023 9:00 AM Packet Pg. 583 16.B.3.a RESOLUTION NO.2023 - A RESOLUTION APPROVING THE EXECUTION OF AN AMENDMENT TO THE 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, 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 approved by the Board on June 9, 2015, and amended by the parties by agreement dated October 19, 2016, which annually compensates Collier County for the cost of maintenance and operation of various traffic signals and devices; and WHEREAS, FDOT tendered an amendment to the Agreement with revised terms and conditions; and WHEREAS, FDOT and Collier County agree that it is in the public interest that the parties enter into an Amendment to the Traffic Signal Maintenance and Compensation Agreement. 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 (Board) agrees to the terms and provisions of the attached Amendment to the Traffic Signal Maintenance and Compensation Agreement, and hereby authorizes the Chief Engineer of Traffic Operations to approve the annual ministerial updates to the Agreement concerning the Exhibit List to the Contract, which identifies the intersection locations of the various FDOT traffic signals maintained by the County. 2. The Board of County Commissioners authorizes its Chairman to sign the Amendment 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 day of , 2023. ATTEST: CRYSTAL K. KINZEL, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Rick LoCastro, Chairman Approved is to orm and legality: 7f Jeffrey A. tz w, County Attorney [23-TRO-0031/1792v/1] Packet Pg. 584 DocuSign Envelope ID: B84B3EBE-4739-4C4A-A27A-6COF73031DC7 16.B.3.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-24b AMENDMENT TO TRAFFIC SIGNAL TRAFFIC OPERATIONS MAINTENANCE AND COMPENSATION AGREEMENT Page 1 of 1 of ; 4 O L Q Q CONTRACT NO. ARX56 m FINANCIAL PROJECT NO. 412666-1-88-01 r F.E.I.D. NO. F596000558002 r- O AMENDMENT NO. 8 r THIS AMENDMENT TO THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT ("Amendment'), is d entered into this day of 2023 between the Florida Department of Transportation, an agency of the E State of Florida, herein called the "Department', and Collier County Florida ("Maintaining Agency"). E O v RECITALS: WHEREAS, the Department and the Maintaining Agency on June 23, 2015 entered into a Traffic Signal Maintenance and Compensation Agreement ("Agreement'), and N WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. N m NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: ,- 1. Agreement paragraphs 1, 3, 6, 12, 31, and 35 are amended, superseded, and replaced in their entirety with the new paragraphs 1, 3, 6, 12, 31, and 35 attached hereto to this Amendment. 2. Agreement exhibits A, B, and C are amended, superseded, and replaced in their entirety with new Exhibits A, B, and C attached hereto to this Amendment. 3. Except as modified in this Amendment, all terms and conditions of the Agreement and any amendments or modifications thereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have executed this Amendment on the day, month, and year set forth above. STATE OF FLORIDA COLLIER COUNTY Florida DEPARTMENT OF TRANSPORTATION (Maintaining Agency) By: (Authorized Signature) Print/Type Name: Rick Locastro Title: Chair Attorney: Approv Jeffrey A. Date: d legality Attornc;y By: Print/Type Name Title: Legal Review: (Authorized Signature) Mark Mathes, P.E. District Traffic Operations Enaineer ATTEST CRYSTAL K. KINZEL, CLERK BY: It Packet Pg. 585 DocuSign Envelope ID: B84B3EBE-4739-4C4A-A27A-6COF73031DC7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-24b AMENDMENT TO TRAFFIC SIGNAL TRAFFIC OPERATIONS MAINTENANCE AND COMPENSATION AGREEMENT of Page 22 of 4 The Maintaining Agency shall be responsible for the "Project," defined as the maintenance and continuous operation of the following, located on the State Highway System: a. Traffic signals ("TS"), b. Interconnected and monitored traffic signals ("IMTS") - defined as signals that are interconnected with telecommunications and are monitored at a central location, c. Traffic signal systems - defined as central computer; traffic monitoring cameras ("TrMC"; must fulfill District purpose and need and be accessible from Department's Video Aggregation System); arterial dynamic message signs ("ADMS"); communications devices; interconnect / network; vehicle, bicycle & pedestrian detection devices [including passive pedestrian detection ("PPD") and accessible pedestrian detection]; traffic signal hardware and software; preemption devices; probe data detection system ("PDDS"); and uninterruptible power supplies ("UPS"), d. Control devices - defined as intersection control beacons ("ICB"), traffic warning beacons ("TWB"; including LED highlighted signs), illuminated street name signs ("ISNS"), and pedestrian flashing beacons ("PFB"; i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons), e. Emergency/fire department signals ("FDS"), f. Speed activated warning displays ("SAWD"; including curve warning feedback signs), g. Blank out signs ("BOS"; including Lane Control Signs), h. Pedestrian hybrid beacons ("PHB"), i. Connected Automated Vehicle Devices ("CAVD"; i.e., roadside units and roadside equipment), and j. In -roadway warning lights ("IRWL") system (specific to mid -block crossing and unsignalized intersection applications, as defined in the FDOT Traffic Engineering Manual) All traffic signals and control devices mentioned in the above paragraph 1.a-j are referred to in this Agreement as "Traffic Signals and Devices". The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operations of such Traffic Signals and Devices upon final acceptance by the Department of the installation of each signal or device. 3. If Traffic Signals and Devices are damaged and the Maintaining Agency or its contractors did not cause the damage, 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 and associated contract documentation 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 the emergency and/or permanent 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 or Force Majeure event. The Department shall be responsible for pursuing reimbursement from individuals and/or the third parties who cause damages and are liable for replacement and/or repair costs to Traffic Signals and Devices. If the Maintaining Agency or its contractors 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. Governor declared emergencies (i.e., hurricanes) are handled outside the framework of this Agreement through a combination of Federal and State Emergency Management mechanisms. An emergency contract may be used after a Governor's declaration of emergency has been signed to cover for reimbursement for storm recovery efforts. O 2 Q Q ca 0 c 0 c d E E 0 m L0 W) Rn Ln N Packet Pg. 586 DocuSign Envelope ID: B84B3EBE-4739-4C4A-A27A-6COF73031DC7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-24b AMENDMENT TO TRAFFIC SIGNAL TRAFFIC OPERATIONS MAINTENANCE AND COMPENSATION AGREEMENT 04/23 of Page 33 of 4 6. Neither the Maintaining Agency nor the Department 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. These events shall be documented with detailed damage inspection report forms completed and submitted to the Department within twelve (12) weeks of the end of the Force Majeure event. 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, tornados, 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. 12. The Maintaining Agency and the Department shall update Exhibit A on an annual basis through an amendment of this Agreement. The Maintaining Agency designates its Chief Engineer of Traffic Operations as its authorized representative(s), who is delegated the authority to execute all amendments to Exhibit A of this Agreement on behalf of the Maintaining Agency. Exhibit A will contain all Traffic Signals and Devices on the State Highway System which are within the jurisdiction of the Maintaining Agency and are operated and maintained by the Maintaining Agency. 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. The Maintaining Agency and the Department shall amend Exhibit A preceding the Department's new fiscal year, which will include all new Traffic Signals and Devices added to the State Highway System during the Department's current fiscal year and delete those removed during the same period. The Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices that were added to Exhibit A by amendment of this Agreement in the Department's fiscal year occurring after the Traffic Signals and Devices are installed and final acceptance of such installation is given by the Department. In the event that no change has been made to the current 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 current 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. 31. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of its responsibilities under the Agreement. The Maintaining Agency shall submit an annual Report prior to July 15 of each year detailing the following: All detection device malfunctions: Detection devices include, without limitation, all vehicle presence detectors and all pedestrian/bicycle detectors. Traffic devices supported by detection devices ("TDSDD") include, without limitation, traffic signals, PHBs, and warning devices. Repairs to all vehicle presence detectors shall be made within ninety (90) days with a goal of thirty (30) days if feasible. Repairs to all pedestrian/bicycle detectors shall be made within seventy-two (72) hours of discovery. If repair to vehicle presence detection device is expected to progress beyond thirty (30) days, by the 315I day, the Maintaining Agency shall have a plan available to reestablish detection prior to day 90. The Maintaining Agency shall ensure that 90% of all TDSDD on the State Highway System are operating without detection failures. Discovery and repair dates for each malfunctioning detection device shall be logged in the annual report. If the repairs cannot be performed within the stipulated time, the Maintaining Agency shall document the reason(s) why in the annual report. If more than 10% of the TDSDD are experiencing detection failure(s) by the end of the stipulated time, unless a longer period is approved by the Department due to extraordinary circumstances, each of these TDSDD may only be compensated at 90% of the unit compensation rate stated in Exhibit B for each day (i.e., the annual unit compensation rate is reduced by 1/3650 daily) that more than 10% of the TDSDD are experiencing detection failure(s). b. Traffic signal and pedestrian hybrid beacon ("PHB") preventive maintenance inspections: Traffic signals and PHBs shall receive a comprehensive preventive maintenance inspection on at least 50% of all traffic signals and PHBs annually, alternating the remaining 50% the following year. Preventive maintenance inspection shall include verification that all detection is working, the traffic signal or PHB 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 and PHBs annually, alternating the remaining 50% the following year. Each test is to be documented and included in the annual report to the Department. The inspection report shall note the location, date of inspection, and any actions taken. If 50% of the traffic signals and PHBs 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 and PHB locations until the preventive Packet Pg. 587 DocuSign Envelope ID: B84B3EBE-4739-4C4A-A27A-6COF73031DC7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-24b TRAFFIC AMENDMENT TO TRAFFIC SIGNAL OPERATIONS MAINTENANCE AND COMPENSATION AGREEMENT of Page 44 of 4 ; O maintenance inspection is made. If the requirements of this paragraph 31.b are not performed within the state's next fiscal Q. year, the 20% retainage of the annual compensation amount for the affected traffic signal and PHB locations will be forfeited. O c. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically r, monitored via software by personnel at a central location and are therefore receiving the higher compensation amount as c described in Exhibit B, the name(s) and title(s) of those monitoring those intersections, and the location of the central M, monitoring facility(ies), are to be documented and contained in the annual report submitted to the Department. The Maintaining Agency shall be responsible for maintaining current licenses and support agreements for all computer applications necessary for IMTS including, but not limited to, central computer systems, TrMC applications, detection E software, and data collection programs, unless other arrangements are made between the Department and the Maintaining O Agency for specific applications or systems. d 35. At no additional cost to the Department, the Maintaining Agency shall provide the Department with, at minimum, read-only in access to all traffic signal data available from the firmware of the traffic signal controllers and other devices covered under this Ln Agreement. The Maintaining Agency shall include the Department as a party to all traffic signal firmware/software related F4 agreements that the Maintaining Agency enters into with other parties. Packet Pg. 588 2 d a O 7 C W _m U 0 m O N N N N O w N N 0 0 pp N s O w N O N I O O N 0O N m O w N N O O � M s O N O O N O O N N O O w O N N n V IO O .� w O N w O l0 N V O O N n m rl n mO n N M, N ID M M N n n M ID n N m n r 1� M w t\ llm 0t; m m n l0 m m N r 1l m w IO I� M Ip I� M M N n m rl n N M N r b 1. n N m a 1% N 1� X � K a � a � N Vf V1 N V! Vf N V? V1 N H VT N V! 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(D OL �E c a C Q ° 2 `Coin- y c 0) U C O 'Do m E OQ L N N C 3 LL m E O��Hm c> F O F-amyc m' $ �aa) �2 a) m E O EN N M T 0)w m Q W� m m Ua4°i�o7 c> mN o C 0 0 gmooE GoN om°c' N a) C. m N N LL '-y W y Q m'> C N N w m 'O Q. n CEmm N mL c a u E2 m cim' :C :) O O Z C O C_ a)N N C� z— N m m —0 N~ U r �oc°i�� T C Yom cTi aci `omrn ++ EL V= m. 7 N y� o ° Q Q C G: d.O t± _mUU c '•. C- aX)° m CL 0)m U Oa (D Co C Y O {a,,7) C C m c•7 f0 Qi U Y D U° 0 c W C C O a mN 0 m 2 m a y o z o N O-0 o° V O Z 2 o .02 2 y a E' C Q H m d� m mM a E E m EL u 0 ++ C Z H U m Z j a 3 cC U LL 4) C ,C W O7 a) = `2 ,N.. 4= N N w G eN. m � C 7 U .� V O c c 0 0 7 p a> ULL� ca0 Q O U 2 �L LL.0 O> !a Ev +�+ a� Q a a mr CO N M st Packet Pg. 593 DocuSign Envelope ID: B84B3EBE-4739-4C4A-A27A-6COF73031DC7 16.B.3.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDMENT TO TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT EXHIBIT C Reimbursement for Replacement and/or Repair of Damaged Traffic Signals and Devices 750-010-24b TRAFFIC OPERATIONS 04/23 Exhibit C Page 1 of 1 Subject to the terms and conditions of the Agreement, the Department will reimburse the Maintaining Agency a Lump Sum amount for costs incurred for the replacement and/or repair and associated contract documentation 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 or its contractors. Agreement paragraph 3 provides administrative procedures on how third party and Force Majeure events are handled for reimbursement. Force Majeure events shall be documented with detailed damage inspection report forms within twelve (12) weeks following the end of the Force Majeure event. Costs related to Governor declared emergencies are not reimbursable under this Agreement. The Department follows the Traffic Signal Maintenance and Compensation Agreement Manual (Topic No. 750-010-022) for submitting damage claims. In submitting this Exhibit C to the Department, the Maintaining Agency is required to adhere to Chapter 2 of the Traffic Signal Maintenance and Compensation Agreement Manual, dated March 31, 2023, available at: Traffic Signal Maintenance and Compensation Agreement Manual. 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, as well as completed work. 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 $ 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 Parties agree to the Total Lump Sum Reimbursement Amount set forth above. Maintaining Agency Date District Traffic Operations Engineer Date W 0 L Q Q c� 0 c 0 c� c a� E E 0 m LO Ln LO LO 21 Packet Pg. 594 STATE Of FLORIDA 0EPAkTiV4T OF TRANSPORTAT)ON AMENDMENT TO THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT CONTRACT NO. ARX55 FINANCIAL PF�OJECT NO, 412a65'18801 F EJ D NO F59509)0556004 AI ENDNIINT NO. 1 THIS AMENDMENT TO THE TRAFFIC 4IGNAL r A MAINTENANCE AND COMPENSATION AGREEf ENT ('Amendment"; ismade and entered into on this /97�4 day of0xXjdj!C2 , by and between the STATE OF FLORfDA, DEPARTMENT OF TRANSPORTATION ("Department"), an agency of the State of Florida, and Collier County, (`Mtaintajning Agency") RECITALS WHEREAS, the Department and the Maintaining Agency on Alne 2V 2015 entered into a Traffic Signal 1,01aintenance and Compensation Agreement ("Agreement"), WHEREAS, the Parties have agreed to modify the Agreement an the terms and conditions set forth herein NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows'. Ail the terms and conditions of the Agreement are superseded and replaced in their entirety by the terms and conditions ^Ontained in Attachment 'I", Revised Terms and Conditions for the Traffic Signal fIaintenance and Connnlcen%ation A.m,eement, attached to and incorporated into this Amendment, IN WITNESS %A1HEREOF, the undersigned parties have executed this Amendment on the day, month and year set forth above, COT. j.er Count vA Florida (Maintaining ,nc' ) Ely ,V (Authorized Signattire) P,invqype Warrie, Domaa Fiala tl� Chc aimmn -.-- ATTEST, DWIGH . T E. B,RGC, K, CLERK NZ BY Attest�as to an s�anature only, STA17 Oq FLORIDAqDEPARTMENT OF TRANSPORTATION BY I PrintiType Name, -Nil Q W. 6U)ZSL,�j fo, A I 'b — ( Tifle: L!5�itd-j jpp;roved nao lo a d legality t R.-Teach, Deputy Coun—ty Attonicy I Packet Pg. 595 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 75MM22 ATTACHMENT 1 TRAFFIC OPERATIONSIONS REVISED TERMS AND CONDITIONS FOR THE os„6 Page t pf 0 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT CONTRACT NO. ARX56 FINANCIAL PROJECT NO. 41266618801 F.E.I.D. NO. F596000558002 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. 8, The Maintaining Agency is authorized under Resolution No. 2016-207 to enter into this Agreement and has authorized its undersigned representative to enter into and execute this Agreement on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged, the parties mutually agree and covenant as follows: The 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 8 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. 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 instaltation(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 Packet Pg. 596 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TF OPERATTIONSICNS REVISED TERMS AND CONDITIONS FOR THE MIS Pagv2ofB TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 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 Department 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, tornados, 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. 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 90ifay 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 govern. 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. CAO Packet Pg. 597 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 75"10.22 TRAFFIC ATTACHMENT 1 OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 0616 Page 1 of 6 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. 12. The Maintaining Agency and the Department shall update Exhibit A on an annual basis through an amendment of this Agreement. The Maintaining Agency designates as its authorized representative(s), who is delegated the authority to execute any and all amendments to Exhibit A of this Agreement on behalf of the Maintaining Agency. Exhibit A contains a list of Traffic Signals and Devices that identifies their location and type. No changes or modifications may be made to Exhibit A during the Department's fiscal year for compensation. Traffic Signals and Devices added by the Department during its fiscal year must be maintained and operated by the Maintaining Agency upon the Department's final acceptance of installation of the new Traffic Signals and Devices. The Maintaining Agency and the Department shall amend Exhibit A prior to the start of each new fiscal year of the Department to reflect the addition or removal of Traffic Signals and Devices. The Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices that were added to Exhibit A by amendment of this Agreement in the Department's fiscal year occurring after the Traffic Signals and Devices are installed and final acceptance of such installation is given by the Department. In the event that no change has been made to the previous year's Exhibit A, a certification from the Maintaining Agency shall be provided to the Department certifying that no change has been made to Exhibit A in the Department's previous fiscal year. The annual compensation will be a lump sum payment (minus any reta/page or forfeiture) as set forth in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this Agreement. Some of the Traffic Signals and Devices may not be listed in Exhibit A because the cost of operating and maintaining such devices is relatively small. The Department has factored in these costs and the compensation provided through this Agreement also covers the cost of operation and maintenance for Traffic Signals and Devices that are not listed in Exhibit A. 13. Payment will be made in accordance with Section 215.422, Florida Statutes. 14, There shall be no reimbursement for travel expenses under this Agreement. 15. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 16. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than twenty (20) working days. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured From the latter of the date the invoice is received or the goods or services are received, inspected and approved. 17. 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 (650) 413-5516. 19. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred Include the Maintaining Agency's general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 20, If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Maintaining Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department, Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 21. The Maintaining Agency must submit the final invoice on the Project to the Department within 120 days after termination of the Agreement. Invoices submitted after the 120-day time period may not be paid. 22. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: C-40 Packet Pg. 598 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 75"*22 ATTACHMENT 1 TRAFFIC c OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 0CT Page m6 6 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT "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." 23 The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Departments Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Maintaining Agency, in writing, when funds are available. 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit 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. 25. 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 (38) months from the date of being placed on the convicted vendor list. 2fi. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work 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) of the 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 its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 30. The Maintaining Agency may be subject to Inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and will 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, suspend funds, or terminate funds for any deficient maintenance of Traffic Signals and Devices that has not been corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any deduction in payment, suspension of funds, or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 31. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of its responsibilities under the Agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following: a. Critical Detection device malfunctions: Critical Detection devices include the detectors on side -streets and in left turn lanes on the main streets, and all pedestrian/bicycle detectors. Repairs to the side -street and main street left turn detectors shall be made within ninety (90) days and pedestrian detectors within seventy-two (72) hours of discovery. The Maintaining Agency shall ensure that 90% of all Critical Detection devices system wide are operating at all times. At any time the level drops below 90%, the Maintaining Agency shall notify the Department and correct the situation within a time frame determined In the sole discretion of the Department. Discovery and correction dates for Critical c Packet Pg. 599 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010.22 ATTACHMENT 1 OPETRAFFIC RATIONS REVISED TERMS AND CONDITIONS FOR THE 6 Page 5of6 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 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, alternating the remaining 50% the following year. Preventive maintenance inspection shall include verification that all detection is working, the traffic signal is cycling properly, the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, and check hinges and door locks. At least one (1) conflict monitor test shall be performed on 50% of traffic signals annually, alternating the remaining 50% the following year. Each test is to be documented and included in the annual report to the Department. The inspection report shall note the location, date of inspection, and any items noted. If 50% of the traffic signals do not receive at least one (1) comprehensive preventive maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual compensation amount for the affected traffic signal locations until the preventive maintenance inspection is made. If not performed within the state's fiscal year, the 20% retainage of the annual compensation amount for the affected traffic signal locations will be forfeited. c, For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically monitored via software by personnel at a central location and are therefore receiving the higher compensation amount as described in Exhibit B, the name(s) and title(s) of those monitoring those intersections, and the location of the central monitoring facility(ies), are to be documented and contained in the annual report submitted to the Department. 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. 3T 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 governing body) under which the Agency operates. 39. Any Project funds made available by the Department which are determined by the Department to have been expended in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Maintaining Agency files shall not constitute a waiver of the Department's rights and Department has the right to verify all information at a n4o Packet Pg. 600 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-0042 ATTACHMENT 1 TRAFFIC OPERATTIONSIONS REVISED TERMS AND CONDITIONS FOR THE 0of6 gs Pe8 of 6 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 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 verity 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. C41 Packet Pg. 601 STATE OF rtOR OA tuPARTWUl Or TRM3PQRTA110N 75D016r. ATTACHMENT 1 tWt.Coeu*.au osc REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Reimbursement for Maintenance and Operation Exhibit A Compensation for Maintaining Traffic Signals and Devices for FY Effective Date: from to Intersection Location Traffic Signals (TS) Traffic Signal - Interconnected & monitored (INITS) Intersection Control Beaton lice) Pedestrian Flashing Beacon (PFB) Emergency Fire Dept. Signal (FDS) Speed Activated Warning Display (SAWD) or Blank Out Sign (DOS) Traffic Warning Beacon (TWB) Travel Time Detector Uninterruptible Power Supplies (UPS) Compensation Amount (using Unit Rates from Exhibit B) Total Lump Sum Amount' 'Amount paid shall he the Total Lump Sum (minus any rerninage or forfeiture). I certify that the above Traffic Signals and Devices will be maintained end operated in accerdonce with the requirements of the Traffic Signal Maintenance and Compen;atton Agreement. For sabafaclory completion of all services detailed In this Agreement for this time period. the Department wig pay the Maintaining Agency a Total Lump Sum (minus any retainage or forfeiture) of $ Mainlaining Agency District Traffic Operations Engineer Date G Packet Pg. 602 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 75"10.22 TRAFFIC ATTACHMENT 1 OPERATIONS REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL °e" MAINTENANCE AND COMPENSATION AGREEMENT E'i a+a Doge + of2 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 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 any retafnage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment (minus any retafnage 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 $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 retafnage 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' 2,9S1 $738 $295 $738 $148 $148 20IS-16 3,040 760 608 1,064 304 304 2016-17 3,131 4,500 1 783 1 626 1 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 COMPENSATION FOR REPAIR AND/OR REPLACEMENT OF DAMAGED TRAFFIC SIGNALS AND DEVICES For the satisfactory completion of all services related to repair and/or replacement of damaged Traffic Signals and Devices detaifed 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 F-1 Packet Pg. 603 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 150-010.22 ATTACHMENT 1 TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL 0e"e MAINTENANCE AND COMPENSATION AGREEMENT E)Mtbal 8 Pago 2 of 2 damaged Traffic Signals and Devices shall contain the information required in Exhibit C and any other additional information requested by the Department to justify the costs incurred. The reimbursement amount is subject to approval by the Department. 4.0 PAYMENT PROCESSING For regular maintenance costs, 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 301" 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. For costs incurred for repair and/or replacement of damaged Traffic Signals and Devices, applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Maintaining Agency shall submit invoices for repair and/or replacement costs due to damaged Traffic Signals and Devices at least on an annual basis but the Maintaining Agency may also submit such invoices to the Department on a quarterly basis. S()) Packet Pg. 604 16.13.3.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL. MAINTENANCE AND COMPENSATION AGREEMENT EXHIBIT C Reimbursement for Replacement and/or Repair of Damaged Traffic Signals and Devices 750-010.22 TRAFFIC OPERATIONS OBr1a EAvpl C Pap 1 al 1 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: Dale and Time of Accident/incident: Location of Accldenttincident. 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 $ 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 Parties agree to the Total Lump Sum Reimbursement Amount set forth above. Maintaining Agency Date District Traffic Operations Engineer Date G -- Packet Pg. 605