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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT <br />750-010-22 <br />TRAFFIC <br />OPERATIONS <br />04/15 <br />Page 4 of 5 <br />19. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. <br />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 <br />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 <br />public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform <br />work as a contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may <br />not transact business with any public entity. <br />21. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not <br />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 <br />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 <br />entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any <br />public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, <br />Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted <br />vendor list. <br />22. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the <br />Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for <br />unilateral cancellation of this Agreement. <br />23. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be <br />shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking, Agreement <br />termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations <br />specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a <br />requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic <br />Signal(s) and Device(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate <br />by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the <br />terms and conditions of this Agreement. <br />24. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining <br />Agency shall submit an annual Report prior to June 30 of each year detailing the following: <br />a. Critical Detection device malfunctions: Critical detection is defined as the detection on side -streets and in left turn lanes <br />on the main streets, and all pedestrian/bicycle detection. Repairs to the side -street and main street left tum detections <br />shall be made within sixty (60) days of discovery and repairs to the pedestrian detection shall be made within 72 hours <br />after notification. All these events shall be logged into the annual report. If repairs cannot be performed within 60 days, <br />the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. The <br />Maintaining Agency shall ensure that 90% of all critical detectors systemwide are operating properly at all time. Any <br />time the level drops below 90%, the Agency would have ninety (90) days to correct the situation. A 5% retainage of the <br />total annual compensation amount (as shown in Exhibit A) will be withheld whenever the 90% critical detection <br />requirement is not met within the 90 -day period. <br />b. Traffic signal preventative maintenance inspections: All traffic signals shall receive at least one (1) minor preventative <br />maintenance inspection, preferably two inspections, within a twelve (12) month period. Preventative maintenance <br />inspection shall include verification that all detection is working, the signal is cycling properly, the ventilation system is <br />functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the <br />vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, <br />and check hinges and door locks. At least one (1) conflict monitor test shall be performed during a twelve (12) month <br />period. Each test is to be documented and included in the annual report to the Department. The inspection report should <br />note the location, date of inspection and any items noted. If the traffic signals do not receive at least one (1) minor <br />preventative maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual <br />compensation amount for the affected signal locations until the preventative maintenance inspection is made. If not <br />performed within the state's fiscal year, the 20% retainage of the annual compensation amount for the affected signal <br />locations will be forfeited. <br />c. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically <br />monitored via software by personnel at a central location and are therefore receiving the higher compensation amount <br />as described in Exhibit B, the name(s), titles of those monitoring those intersections, and the location of the central <br />monitoring facility(s) are to be documented and contained in the annual report submitted to the Department. <br />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 <br />critical detection requirements as stated in 24a are not met, the Department will retain an additional 25% of the <br />remaining compensation amount. <br />