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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
<br />ATTACHMENT 1 rR4
<br />OPERATIONSONS
<br />REVISED TERMS AND CONDITIONS FOR THE 06'15
<br />TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 2 of 6
<br />who cause damages and are liable for replacement and/or repair costs to Traffic Signals and Devices. If the Maintaining Agency
<br />causes damages to the Traffic Signals and Devices, then the Maintaining Agency shall repair and/or replace the Traffic Signals
<br />and Devices, and the Maintaining Agency shall be fully responsible for the cost of repair and/or replacement to the extent the
<br />damages were caused by the Maintaining Agency.
<br />4. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient
<br />movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal
<br />Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended.
<br />5. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates, preventive maintenance (periodic
<br />inspection, service, and routine repairs), restoration of services, and emergency maintenance (troubleshooting in the event of
<br />equipment malfunction, failure, or damage). Restoration of services may include temporary poles and/or signals, stop signs or
<br />other methods to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance
<br />log, as they occur, and include this as part of the annual report, highlighting the time it took to restore the normal service and
<br />number of times such events occurred.
<br />6. Neither the Maintaining Agency nor the Department shall be liable to the other for any failure to perform under this Agreement
<br />to the extent such performance is prevented by a Force Majeure Event and provided that the party claiming the excuse from
<br />performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or
<br />mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
<br />A "Force Majeure Event" means the occurrence of:
<br />(a) an act of war, hostilities, invasion, act of foreign enemies, riot, terrorism or civil disorder,
<br />(b) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, hurricanes, storms,
<br />lightning, tornados, tidal waves, floods, extreme weather or environmental conditions, and other natural
<br />calamities);
<br />(c) or another event beyond the control of the non-performing party and which could not have been avoided
<br />or overcome by the exercise of due diligence.
<br />The Department intends to conduct a structural inspection of the mast arm structures every sixty (60) months. The inspection
<br />report will serve as ninety (90) days notification to the Maintaining Agency that deficiencies exist that require preventive
<br />maintenance. Preventive maintenance of the mast arm structures includes, but is not limited to, spot painting, cleaning, all wiring
<br />repair and replacement, graffiti removal, all signal related issues (including lighting, signs and connections), tightening of nuts,
<br />replacing missing or deficient bolts, replacement of missing cap covers or equivalent, replacement of missing or deficient access
<br />hole cover plates, repairing improper grounding, and repainting any painted mast arms installed after April 30, 2015. If the
<br />preventive maintenance is not carried out after the expiration of the 90 -day notice given to the Maintaining Agency, the
<br />Department shall withhold 8.33% up to a maximum of 25% of the total annual compensation amount under this Agreement for
<br />the affected signal locations each month.
<br />8. Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for
<br />Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of their useful life cycle
<br />will be replaced by the Department so long as documented preventive maintenance was satisfactorily performed by the
<br />Maintaining Agency. In the case of a total paint failure, as determined by the Department, on a mast arm installed prior to April
<br />30, 2015, the Department may repaint or replace with a galvanized mast arm. The aforementioned requirement does not apply
<br />to any mast arm that was installed under a separate mast arm paint finish agreement; in such case, the terms of that agreement
<br />shall govern.
<br />9. The Maintaining Agency may remove any component of the installed equipment for repair or testing, however, it shall only make
<br />permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum
<br />the same functions as the equipment being replaced. The Department shall not make any modifications or equipment
<br />replacements without prior written notice to and consultation with the Maintaining Agency.
<br />10. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the
<br />Department's timing and phasing plans, specifications, special provisions, Department re -timing projects, and the Department's
<br />Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification
<br />in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets) are considered
<br />operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The
<br />Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified
<br />Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to
<br />the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and,
<br />after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or
<br />phasing, implementation of such modifications will be coordinated with, or made by, the Maintaining Agency. All signal timing
<br />and phasing records shall be retained by the Maintaining Agency for at least three (3) years, and will be made available to the
<br />Department upon request.
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