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HomeMy WebLinkAbout2002-1600 710610 }S 1,1 TRAFFICOPtRA710N1 r ')} 61riZ (rt�r 1. tit comiUct NO, ! rINANCM PROJECT NO. rX I'm NO. STATE OF FLORIDA DEMATMErn OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT THIS AGREEMENT, made and entered Into this day of_by and between the Florida rfda Department of Transportation, an agency of the Slate of Flo, herein called fhe "Department, anIndian River County Florida, herein called the `Maintaining Agency". WITNESSETH: WHEREAS, the Maintaining Agency has tine authority to enter Into this Agreement and to undertake the maintenance and Operation of traffic signals or signal systems on the State Highway System, and the Department is authorized under Sections 334.044 and 335.055, Florida Statutos, to enter Into this Agreement; and WHEREAS, (he Maintaining Agency has authorized its undersigned roprOsentativo to enter into and execute this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained heroin to be undertaken by the respective parties hereto, and for other good and valuable consideration, tine sufficiency of which is hereby acknowledged, the parties mutually agree and covenant as follows: 1. The Maintaining Agency shalt be responsible for the maintenance and conllnuous operation of the traffic signals, traffic signal systems (central computer, eamoras, message signs, and communications interconnect), school zone traffic control devices. intersection fleshing beacons, illuminated street name signs, and the payment of electricity and electrical charges Incurred in connection with operation of such traffic signals and signal systems upon completion of their Installation. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Departnont's fiscal year lot the cost of the maintenance and continuous operation of full traffic signal locations as identified in Exhibit A. Flashing beacons, emergency signals, and school zone signals are not included. Payments will be made In accordance with Exhibit S, Should the Maintaining Agency withdraw from the compensation portion of this Agreement, the Maintaining Agency will soil be responsible for the maintenance and continuous operation of the above Items. in Ilia 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 010 traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the Installation by the Daparimenl. Repair at replacement and other rosponsibilitiae of the Installation contractor and the Department, during construction,: are contained in the Deparbnont's Standard Specifications for Road and Bridge Construction. 2. The Maintaining Agency shalt maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficlent movOmont Of highway traffic and that Is consistent with maintenance practices proscribod by the International Municipal Signal Association (IMSA) and operational requirements of the Manual an Uniform Traffic Control Devices (MUTCD), as amended. Tho Maintaining Agency's maintenance responsibilities shall Include, but not be limited to, preventive maintenance (periodic inspection, service and routine repairs), and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage). The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 3. The Maintaining Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is capable of performing at minimum the same functions. The Department shall not make any modifications and/or equipment replacements without prior written notice to the Maintaining Agency. 4. The Maintaining Agency shall set and maintain the timing and phasing of the traffic signals in accordance with Ilio Department's timing and phasing plans, specifications, or special provisions. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and signal systems 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 quails. Professional Engineer and be contingont upon an engineering report or documentation of engineering judgment prepared by, he tied or for, t Maintaining Agency in accordance with Section 1A.09, Engineering Study and Engineering Judgment, of the MUTCD, roor for, t such changes and signed and sealed by a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall send a signed/sealed copy of the timings to the Department immediately after installation. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with Iia Maintaining Agency, may specify modifications. If the Department specifies modification in timing andtor phasing, Implementation of such modifications shall be coordinated with, or made by, the Maintaining Agency. 730""' 7 041037 IIIAiiIf OP OS91 5. The Maintaining Agency shall note in the maintenance fog any time/phasing changes and keep a copy of the timings and any approval documentation in a file. 0. The Maintaining Agency and the Department shall develop the Exhibit A which by this reference Is made a part of this Agreement as though fully set forth herein. Exhibit A shall contain oil existing traffic signals on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are not Included for compensation. No changes or modifications will be made to Exhibit A during file year for compensation. Now signals added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon final acceptance as stated in paragraph 1. The Maintaining Agency and the Dopadment, preceding each fiscal year, shall develop and execute a now Exhibit A, which shall include all new Department signals added during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new Department's signals In the next fiscal year. In the avant that no change has been made to the previous year's Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit 13. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit 0, attached and made a part heroof. Payment shall be made only after receipt and approval of service. Payment shall be made in accordance with Section 215.422, Florida Statutes. Bilis for lees or other compensation for services or expenses shall be submitted In detail sufficient for a proper pro -audit and post -audit thereof. Record of costs Incurred under terms of this Agreement shall be main4nined 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 for the work pursuant to this Agreement is made, Copies of these documents and records shall be furnished to the Department upon request. Record of costs Incurred include the Maintaining Agency =s general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs. 7. Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to Inspect and approve the goods and services, unless the Agreement specifies otherwise. The Depadmont ties twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty (20) days are measured from the latter of the dale the invoice is received or the goods or services are received, inspected and approved. 8. If a payment Is not available within forty (40) days, a separate Interest penally at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, In additional to the Invoice amount, to the Maintaining Agency. Interest penalties of fess then one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors shall result in a delay in the payment, The Invoice payment requirements do not start until a property completed Invoice Is provided to the Dcpartment. U. A Vendor Ombudsman has boon established within the Department of Banking and Finance. The duties of this Individual Include acting as an advocate for contractorsivendors who may be experiencing problems In obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410.9724 or by calling the Stale Comptroller =s Hotline, 1.800.848.3792. 10. 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 nut 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. 11. A person or affiliate who has been placed on Iho 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. 12. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the immigration and Nationality Act. It the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. i NnrrlC errlV.i lJtil li54. 1. 13. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a toms for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby Incorporated: (a) The Department, during any fiscal year, shall not expand money, incur any liability, or enter Into any contract which, by its terms, involves the expendil:m of money In exceas of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Depadment that 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 one 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 and which have a term for a period of more than one year. 14. The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department. Such findings will be shared with the Maintaining Agency and shall 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 shall have ilia option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, othonvise the Department shall deduct payment for any deficient traffic signal(s) maintenance not corrected at rhe end of such time, or (b) take whatever action Is deemed appropriate by the Department. Any suspension or termination of funds does not raliove any obligation of the Maintaining Agency under rhe terms and conditions of this Agreement. 15, The Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems Including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems 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, 16. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the 17. The Maintaining Agency shall allow public access to ail documents, papers, letters, or other material subject to provisions of 119, Florida Statutes, and made or received by ilia Maintaining Agency In conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 18. The Maintaining Agency, to the extent allowed by Section 760,28, Florida Statutes, shall indemnify, defend, save and field harmless, the State, the Department, any Jami pole owner and all of their officers, agents and employees from all suits, actions, claims, demands, and liabilities of any nature whatsoever arising out of, because of, or duo to broach of, this Agreement by the Maintaining Agency, its subcontractors, agents or employeos or due to any act or occurrence of omission or commission of the Maintaining Agency. Its subcontractors, agents or employees. The parties agree that this paragraph shall not waive sovereign immunity of the State of Florida, nor waive the benefits or provisions of Section 768:28, Florida Statutes, or any similar provision of law. 19. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or unonforceability of any portion of this Agreement shag 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 shall not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at taw or in equity. 20. This Agreement shall remain in force during the lire of the original installed equipment andior the life of any replacement equipment Installed with the mutual consent of the parties hereto. 21. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreemont(s) between the parties. 22. This Agreement contains all the terms and conditions agreed upon by Vie parties.