HomeMy WebLinkAbout2023-104STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
FPN: 441697-1-58-01 Fund: DDR FLAIR Category: 088716
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County No:88 Contract No: Vendor No: F-596-000-674
This Project Funding Agreement ("Agreement") is entered into this day of ,
(the "Effective Date") between the State of Florida Department of Transportation, an agency of the State
of the Florida (the "Department") and the _Indian River County , a governmental entity existing under
the laws of the State of Florida (the "Agency" also referred to as the "County") (each a "Party" and collectively,
the "Parties").
The Parties agree as follows:
1. Authority. Section 339.12, Florida Statutes, authorizes the Department and other governmental
entities in the State of Florida to enter into agreements by which the governmental entity agrees to perform a
highway project or project phase in the Department's adopted work program that is not revenue producing and
the Department agrees to reimburse the other governmental entity for the costs of the project. Section 339.12(4),
Florida Statutes, also authorizes the Department and other governmental entities in the State of Florida to enter
into agreements by which the governmental entity agrees to perform a project or project phase not included in the
adopted work program, but which is a high priority of the governmental entity, reimbursement for the costs of
which may be made by the Department from funds appropriated by the Legislature pursuant to section 339.135(5),
Florida Statutes. The governing body of the Agency has authorized the Agency to perform the project or project
phase identified in this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide the terms and conditions under
which the Agency will perform Traffic Monitoring System Technology pdate (the "Project"). The Project
is more particularly described in Exhibit A to this Agreement.
3. The Project. The Agency agrees to perform and complete the Project in a satisfactory, timely and
proper manner in accordance with all applicable laws and the terms and conditions of this Agreement. Exhibit A
describes the scope of work to be performed by the Agency and provides a proposed schedule for the Project. The
Project scope in Exhibit A identifies the ultimate project deliverables. Deliverables for requisition, payment and
invoice purposes will be the incremental progress made toward completion of Project scope elements. All Project
activities must be consistent with the scope described in Exhibit A. An amendment to this Agreement is required
for any proposed change in the scope of work. Execution of this Agreement by both Parties shall be deemed a
Notice to Proceed to the Agency for the design phase or other non -construction phases of the Project. If the Project
involves a construction phase, the Agency shall not begin the construction phase of the Project until the
Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction
work described in this Agreement, the Agency shall request a Notice to Proceed from the Department.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
4. Term of Agreement. The term of this Agreement and the period for performance of the Project under
this Agreement extends from the Effective Date through June 30, 2025 (the "Completion Date"). If
the Agency does not complete the Project on or before the Completion Date, this Agreement will expire, unless
the Completion Date is extended by an executed amendment to this Agreement. Expiration of this Agreement
will be considered termination of the Project.
5. Project Costs.
a. The estimated cost of the Project is $ 225 000.00 (the "Project Estimate"), and is
allocated among the Project activities in the Project Budget in Exhibit B. An amendment to this Agreement is
required for any re -budgeting of Project funds provided under this Agreement.
b. The total Department funding available for the Project is TWO HUNDRED TWENTY FIVE
THOUSAND DOLLARS AND NO CENTS ($ 225,000.00 1, as more fully described in Exhibit B
("Department Funding"). The Department Funding may be increased or reduced following receipt of the actual
bid amounts for the Project by execution of an amendment to this Agreement. The Agency agrees to bear all
costs it incurs to complete the Project in excess of the Department Funding.
Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and
approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall
incur obligations against and make disbursements of Project funds only in conformity with the latest approved
schedule of funding for the Project. The schedule of funding may be revised by execution of an amendment to
this Agreement. The Agency acknowledges and agrees that funding for this project may be reduced upon
determination of the Agency's contract award amount.
C. Project costs incurred by the Agency prior to the Effective Date or after the Completion Date or
other termination of this Agreement will not be eligible for reimbursement by the Department. If the Project is
not included in the first year of the Department's adopted work program for the state fiscal year that includes the
Effective Date, it is understood that Department participation in eligible Project costs is subject to:
i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed; and
ii. Availability of funds as stated in paragraphs 7.g. and Th. of this Agreement; and
iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms
of this Agreement.
6. Requests for Reimbursement.
a. Requests for reimbursement by the Agency shall include an invoice, progress report and
supporting documentation for the period of work being billed that are acceptable to the Department. All costs
invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers
evidencing in proper detail the nature and propriety of charges as described in Exhibit C, Contract Payment
Requirements. Requests for reimbursement and supporting documentation shall be submitted by the Agency in
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
detail sufficient for a proper pre -audit and post -audit based on the quantifiable, measurable, and verifiable units
of deliverables identified in Exhibit A. Supporting documentation must substantiate the amount of progress made
on the Project in a quantifiable, measurable, and verifiable manner, and provide evidence that the payment
requested is commensurate with the accomplished incremental progress and costs incurred by the Agency.
Supporting documentation must also establish to the Department Project Manager's satisfaction that deliverables
were received and accepted in writing by the Agency and must also establish that the required minimum level of
service to be performed and criteria for evaluating successful completion have been met. The Agency shall submit
requests for reimbursement to the Department no more often than monthly and no less than once every 90 days
(quarterly). If the Agency fails to submit quarterly invoices to the Department, and such failure results in the loss
of state appropriation authority, the Agency will be solely responsible to provide all funds necessary to complete
the Project and the Department will not be obligated to provide any additional funding for the Project.
b. ® Travel expenses are NOT eligible for reimbursement under this Agreement.
❑ Travel expenses ARE eligible for reimbursement under this Agreement.
Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes
and the most current version of the Disbursement Handbook for Employees and Managers. If compensation for
travel is authorized under this Agreement and by the Department's Project Manager, the Department shall not
compensate the Agency for lodging/hotel expenses in excess of $150 per day (excluding taxes and fees). The
Agency may expend its own funds to the extent lodging/hotel expenses incurred by the Agency, its consultants,
or contractors, exceed $150 per day. The Department, in its sole discretion and pursuant to its internal policies
and procedures, may approve reimbursement to the Agency for lodging/hotel expenses in excess of $150 per day.
C. The Agency must submit the final invoice on the Project to the Department within 120 days of the
Completion Date or completion of the Project, if earlier. Invoices submitted after the 120 -day time period may
not be paid.
d. ❑ If this box is selected, the Project is not included in the first year of the Department's
adopted work program for the state fiscal year that includes the Effective Date. The Department will only
reimburse the Agency in accordance with section 339.12, Florida Statutes. The Agency will not invoice the
Department for Project costs until July 1 of the state fiscal year(s) the Project is scheduled in the Department's
work program as of the Effective Date. After receipt of properly documented invoices and supporting
documentation as otherwise required in this Agreement, payment(s) will be made to the Agency to reimburse
eligible Project costs in annual amounts equal to the amounts programmed in the Department's adopted work
program in each state fiscal year, up to the amount of eligible Project costs incurred after the Effective Date.
7. Payment.
a. Subject to other provisions of this Agreement, the Department will reimburse the Agency for
eligible Project costs, up to the amount of the Department Funding. Notwithstanding any other provision of this
Agreement, the Department may elect by written notice not to make a payment if:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
L The Department determines that the Agency has misrepresented a material fact in any
documents submitted to obtain the Department Funding under this Agreement, or any document or data
furnished pursuant to this Agreement;
ii. There is any pending litigation with respect to the performance by the Agency of any of its
duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or payments
for the Project;
iii. The Agency takes any action on the Project which, under this Agreement, requires the
approval of the Department or makes a related expenditure or incurs related obligations without
Department approval when required;
iv. There has been any violation of the conflict of interest provisions contained in this
Agreement; or
V. The Department determines the Agency is otherwise in default under any provisions of this
Agreement.
b. Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida
Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes.
❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit D,
Alternative Advance Payment Financial Provisions is attached and incorporated into this
Agreement.
C. If the Department determines that the performance of the Agency is unsatisfactory, the Department
shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to
be specified by the Department. The Agency shall, within five days after notice from the Department, provide the
Department with a corrective action plan describing how the Agency will address all issues of contract non-
performance, unacceptable performance, failure to meet the minimum performance levels, deliverable
deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the
Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The
retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until
the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the
Department for the retained amount during the next billing period. If the Agency is unable to resolve the
deficiency, the funds retained will be forfeited at the end of the Agreement's term.
d. Agencies providing goods and services to the Department should be aware of the following time
frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's
receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department
of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods
or services are received, inspected, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section
55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of
less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
to an Agency because of 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.
e. A Vendor Ombudsman has been established within the Department of Financial Services. The
duties of this individual include acting as an advocate for Agencies who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
f. 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 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.
g. The Department's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
h. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one
year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into
any contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract, verbal or written,
made in violation of this subsection is null and void, and no money may be paid on such contract.
The Department shall require a statement from the comptroller of the Department that 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 and which have a term
for a period of more than 1 year."
8. Records.
a. The Agency shall establish for the Project, consistent with the Department's program
guidelines/procedures, separate accounts to be maintained within its existing accounting system or separate
independent accounts ("Project Accounts"). The Agency shall charge to the Project Accounts all eligible costs of
the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess
of the programmed Department funding or attributable to actions which have not received the required approval
of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved
services contributed by the Agency or others, shall be supported by properly executed payrolls, time records,
invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges, as described
in Exhibit C, Contract Payment Requirements.
b. 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 years after
final payment is made. Copies of these documents and records shall be furnished to the Department upon request.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
Records of costs incurred include the 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 Agency's contractors and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation, claim, or audit is started before the expiration of the required retention
period, the records shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
C. The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives to access the Project site; inspect all work, materials, payrolls, and records; and to audit the books,
records and accounts pertaining to the financing and development of the Project.
d. For any project requiring additional right-of-way, the Agency must submit to the Department an
annual report of its real property acquisition and relocation assistance activities on the project in a format and at
such time as required by the Department.
e. The Agency shall submit to the Department such data, reports, records, contracts and other
documents relating to the Project as the Department may require, including those documents listed in Exhibit J to
this Agreement. The Department may, at its discretion, require a progress report on a monthly basis. The progress
report will include details of the progress of the Project towards meeting the requirements of the Agreement.
9. Design and Construction Standards; Required Approvals. The Project shall be designed and
constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge
Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD),
as more specifically provided in Exhibit E, Terms and Conditions of Construction. The Agency shall submit any
construction plans required by the Department for review and approval prior to any work being commenced.
Should any changes to the plans be required during construction of the Project, the Agency shall notify the
Department of the changes and receive approval from the Department prior to the changes being constructed. The
Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during
construction of the Project.
a. Permits. The Agency is responsible for obtaining all permits necessary for the Project that
have not been separately obtained by the Department prior to the Effective Date.
b. Qualified Contractors. The Agency shall hire a qualified contractor using the Agency's
normal competitive bid procedures, modified as necessary to comply with the requirements of this Agreement, to
perform the construction work for the Project. The Agency shall award the contract for construction of the Project
to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state
law, rules, and regulations. The Agency shall submit a copy of the bid tally sheet(s) and awarded bid contract to
the Department.
C. CEI. The Agency is responsible for provision of Construction Engineering Inspection (CEI)
services. The Agency shall hire a Department pre -qualified consultant firm that includes one individual that has
completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the
contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI
staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide
the certification that all design and construction for the Project meets the minimum construction standards
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
established by Department. The Department shall have the right to approve the CEI firm. The Department shall
have the right, but not the obligation, to perform independent assurance testing during the course of construction
of the Project. Subject to the approval of the Department, the Agency may choose to satisfy the requirements set
forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Agency staff that
meet the requirements of this paragraph, or a combination thereof.
d. Design. If the Project includes design work, the Agency is responsible for the preparation
of all design plans for the Project required to deliver the Project. The Agency shall hire a Department pre -qualified
consultant for the design phase of the Project. Notwithstanding any provision of law to the contrary, design
services and CEI services may not be performed by the same entity. All design work on the Project shall be
performed in accordance with the requirements of all applicable laws and governmental rules and regulations and
federal and state accepted design standards for the type of construction contemplated by the Project, including, as
applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices and
the AASHTO Policy on Geometric Design of Streets and Highways.
e. Consultant Conflicts of Interest. The Agency shall comply with the Department's current
Conflict of Interest Procedure in employing consultants for the Project (currently Department Procedure 375-030-
006).
E Department Plans Review. The Agency shall submit to the Department for approval all
appropriate plans and specifications covering the Project. The Department will review all plans and specifications
and will provide the Agency with written approval of any approved portions of the Project plans and comments
or recommendations covering any remainder of the Project deemed appropriate. After resolution of these
comments and recommendations to the Department's satisfaction, the Department will provide the Agency with
a written approval of the remaining Project plans. Failure to obtain this written approval shall be sufficient cause
for nonpayment by the Department. Because the Project will be located on, under or over Department -owned
right-of-way, the Department shall review the Project's design plans for compliance with all applicable standards
of the Department, as provided in Exhibit E, Terms and Conditions of Construction. In its sole discretion, the
Department may reject designs which it determines do not meet Department standards.
g. Final Plans. The Agency will provide copies of the final design plans and specifications and
final bid documents to the Department's Project Manager prior to commencing construction of the Project. The
Department will specify the number of copies required and the required format.
h. Bonds and Guaranty of Payment of Claims. The Agency shall require the Agency's
contractor to post a payment and performance bond in accordance with applicable law and the Department's
Standard Specifications for Road and Bridge Construction (2020), as amended. The Agency shall require the
Agency's contractor to guaranty the payment of all just claims for materials, supplies, tools, or labor and other just
claims against him or any subcontractor, in connection with the performance of the Project. The Department's final
acceptance and payment shall not release the contractor's bond until all such claims are paid or released.
i. Performance of Construction Work. The Agency shall be responsible to ensure that the
construction work under this Agreement is performed in accordance with the approved construction documents,
and that it will meet all applicable Agency and Department standards.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
j. Public Safety. The Agency is responsible for ensuring the safety of the public during all phases
of Project construction. The Agency and its contractors shall request authority to and take appropriate action to
restrict or prohibit travel on any public road when required to protect the traveling public. The Agency shall
follow Department procedures for road closures. Notwithstanding anything to the contrary in any Department or
other governmental procedure, if the Agency, or its contractors, become aware of circumstances related to the
Project that could present an imminent risk of harm to the travelling public, the Agency shall, and shall require
its contractors to, immediately take all appropriate steps to protect the public, including requesting immediate
closure of any transportation facility.
k. Completion of Construction. Upon completion of the work authorized by this Agreement,
the Agency shall certify to the Department in writing, in the form attached as Exhibit F, that construction of the
Project has been completed. For all Project work that originally required certification by a professional engineer,
this notification shall contain an Engineers Certification of Compliance, signed and sealed by a professional
engineer, the form of which is attached as Exhibit G. If any deviations are found from the approved plans, the
certification shall include a list of all deviations and the justification for each deviation.
1. As -Built Plans. The Agency shall provide the Department with as -built plans of any
portions of the Project funded through this Agreement prior to final inspection.
10. Termination and Suspension.
a. Generally. If. (i) the Agency abandons the Project; (ii) the Agency fails to comply with
applicable law or the terms of this Agreement; or (iii) for any other reason, the commencement, prosecution, or
timely completion of the Project by the Agency is rendered improbable, infeasible, impossible, or illegal, the
Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until
such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department
may terminate any or all of its obligations under this Agreement. The Department may also terminate this
Agreement in whole or in part at any time the interest of the Department requires such termination.
b. Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension
notice from the Department, the Agency shall proceed promptly to carry out the actions required in such notice,
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be,
Project activities and contracts and such other action as may be required or desirable to keep to the minimum the
costs upon the basis of which the financing is to be computed; (2) furnish a statement of the Project activities and
contracts, and other undertakings the cost of which are otherwise includable as Project costs; and, (3) remit to the
Department such portion of the financing and any advance payment previously received as is determined by the
Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out
in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms
and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget
within a reasonable time. The approval of a remittance by the Agency shall not constitute a waiver of any claim which
the Department may otherwise have arising out of this Agreement.
11. Contracts of the Agency.
a. Approval Required. Except as otherwise authorized in writing by the Department, the Agency
shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds,
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
including consultant or construction contracts or amendments thereto, with any third party with respect to the
Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause
for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of
any consultant or contractor and to approve or disapprove the employment of such consultant or contractor.
b. Consultant Services. The Agency acknowledges and agrees that any Project consultant contract
for engineering, architecture or surveying services must be procured in compliance with the provisions of Chapter
287.055, Florida Statutes, the Consultants' Competitive Negotiation Act. At the discretion of the Department,
the Agency will involve the Department in the consultant selection process for all applicable project
agreements funded under this Agreement. In all cases, the Agency's attorney shall certify to the Department
that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes, the Consultants'
Competitive Negotiation Act.
C. Design and Construction Services. Except as otherwise authorized in writing by the
Department, the Agency shall include the applicable provisions required by all applicable Department procedures,
guidelines, manuals, standards, and directives in all contracts for design and construction of the Project.
d. Preference for State Residents. If the Project is procured pursuant to Chapter 255, Florida
Statutes, for construction services and at the time of the competitive solicitation for the Project fifty (50) percent
or more of the cost of the Project is to be paid from state -appropriated funds, the Agency must comply with the
requirements of Section 255.099(1), Florida Statutes.
e. Force Account Work.
❑ If this box is checked, the Agency is permitted to utilize its own forces in performing the Project.
If the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only
be reimbursed for direct costs (this excludes general overhead).
E Claims and Requests for Additional Work. The Agency shall have sole responsibility for
resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the
Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for
additional work.
12. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department
that DBE's, as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in
the performance of contracts financed in whole or in part under this Agreement. The Agency shall, and shall
require its contractors to, take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended,
to ensure that DBEs have the maximum opportunity to compete for and perform contracts. The Agency and its
contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of contracts, entered pursuant to this Agreement.
13. Maintenance Obligations. If the Project includes construction, the provisions of this paragraph are part
of this Agreement. The Agency agrees to maintain any portion of the Project not located on the State Highway
System for its useful life. For any improvements constructed by the Agency on Department right-of-way, the
Agency
® shall
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
❑ shall not
maintain the improvements located on the Department right-of-way made for their useful life. If the Agency is
required to maintain Project improvements located on the Department right-of-way beyond final acceptance, the
Agency shall, prior to any payment under this Agreement, also execute a Maintenance Memorandum of
Agreement in a form that is acceptable to the Department. This provision will survive termination or expiration
of this Agreement.
14. Project Property.
a. Upon final acceptance of the Project, all portions of the Project that form a part of the State
Highway System will be owned by the Department. The Agency agrees to execute any documents reasonably
required by the Department to evidence such ownership.
b. Tangible Personal Property.
® This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter
273, Florida Statutes.
or:
❑ This contract includes the purchase of Tangible Personal Property as defined in Chapter 273,
Florida Statutes, and is acquired in accordance with Rule 60A-1.017, Florida Administrative Code.
The specific property(ies) and line item cost(s) is(are) detailed in Exhibit H, and will be
subsequently transferred to and controlled by the Department upon completion of services or end
of the contract, whichever occurs first. Upon receipt of property, the Agency shall forward to the
Department a copy of the purchase invoice/property description/serial number and date of receipt.
The Department will forward inventory control label(s) to be affixed to all property. The Agency
will accommodate physical inventories required by the Department.
15. Restrictions, Prohibitions, Controls, and Labor Provisions. During the performance of this
Agreement, the Agency agrees as follows, and shall require the following provisions to be included in each
contract and subcontract entered into pursuant to this Agreement:
a. Convicted Vendors. 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 36 months from the date of being placed on
the convicted vendor list.
b. Discriminatory Vendors. 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,
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
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.
C. Certificates of Qualification. An entity or affiliate who has had its Department issued
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 Agency.
d. Code of Conduct. The Agency has established, and will maintain, a written code or standard
of conduct applicable to its officers, employees, board members or agents, and those individuals' relatives, that
prohibits their involvement in the selection, award, or administration of any contract in connection with the
Project if they have a present or potential financial or other significant interest therein and prohibits the
acceptance of any gratuity, favor, or other thing of monetary value from any person interested or involved in
the performance of work on the Project.
e. Unauthorized Aliens. The Department shall consider the employment by the Agency of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Agency
knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement.
E E -Verify. The Agency shall:
i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the Agreement; and
ii. 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 contractor or
subcontractor during the Agreement term.
16. Indemnification and Insurance.
a. Indemnification. To the extent permitted by law and as limited by and pursuant to the
provisions of Section 768.28, Florida Statutes, the Agency shall indemnify and hold harmless the Department,
including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this
Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign
immunity.
b. Agency Contracts. The Agency agrees to include the following indemnification clause in all
contracts with contractors, subcontractors, consultants, or subconsultants who perform work in connection with
this Agreement (modified to appropriately identify the parties):
"The Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida,
Department of Transportation, including the Department's officers and employees, from liabilities, damages,
Page 11 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by
the contractor/consultant in the performance of this Agreement.
This indemnification shall survive the termination of this Agreement."
C. Workers' Compensation. The Agency shall provide Workers' Compensation Insurance in
accordance with Florida's Workers' Compensation law for all employees. If contracting for any of the work, the
Agency shall ensure that its contractors have Workers' Compensation Insurance for their employees in accordance
with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through
professional employer organizations ("PEO's"), the Agency shall ensure that such employees are covered by
Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental
agreements that include operators or other personnel who are employees of independent contractors, sole
proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law.
d. General Liability. If the Agency elects to self -perform the Project, and such self -performance
is approved by the Department in accordance with the terms of this Agreement, the Agency may self -insure and
proof of self-insurance shall be provided to the Department. If the Agency elects to hire a contractor or consultant
to perform the Project, then the Agency shall, or cause its contractor or consultant to carry Commercial General
Liability insurance providing continuous coverage for all work or operations performed under the Agreement.
Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard
Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida.
Agency shall or cause its contractor to cause the Department to be made an Additional Insured as to such
insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other
available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits
of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general
aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement and may not be shared with or
diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject
to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described
herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency
or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be
provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The
Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal,
or proposed change to any policy or coverage described herein. The Department's approval or failure to
disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure
and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may
have.
e. Railroad Protective Liability. When the Agreement includes the construction of a railroad
grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the
railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad
right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above,
procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the
Page 12 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or
property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad
shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the
paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final
acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of
Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained
through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten
days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described
herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall
not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver
of any rights the Department may have.
f. Utilities. When the Agreement involves work on or in the vicinity of utility -owned property
or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial
General Liability policy/ies procured above.
g. Insurance Requirement Updates. To the extent the Department's Standard Specifications for
Road and Bridge Construction, as revised at the time the Agency enters into any contract for construction of the
Project, require higher or different insurance coverages, the requirements of the Standard Specifications shall
control.
17. Legal Requirements.
a. General. The Agency acknowledges that legal requirements are subject to change and agrees
that the most recent requirements shall govern its obligations under this Agreement at all times. The 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. Execution of this Agreement
constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors
to comply with, all requirements imposed by applicable federal, state, and local laws and regulations.
b. Equal Opportunity and Non -Discrimination. In connection with the carrying out of the
Project, the Agency shall not discriminate against any employee or applicant for employment because of race, age,
creed, color, sex or national origin and will comply with all statutes and implementing regulations relating to
nondiscrimination.
C. Environmental Regulations. Execution ofthis Agreement constitutes a certification by the Agency
that the Project will be carried out in accordance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-
compliance with applicable environmental regulations, including the securing of any applicable permits, and will
reimburse the Department for any loss incurred in connection therewith.
d. Compliance with Public Records Laws. The Agency agrees to comply with all provisions
provided in Chapter 119 Florida Statutes. If the Agency receives a public records request concerning its
work undertaken pursuant to this Agreement, the Agency must take appropriate action as required by
Chapter 119, Florida Statutes. The Department reserves the right to unilaterally cancel this Agreement for
Page 13 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
refusal by the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of
Chapter 119, Florida Statutes.
e. Right of Way. If the Project includes the acquisition of any right-of-way, the Agency
must certify compliance with all applicable federal and state requirements. Certification is required prior
to authorization for advertisement for or solicitation of bids for construction of the Project, including if no
right-of-way is required.
18. Miscellaneous Provisions.
a. Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with
the Project or any property included or planned to be included in the Project, with any officer, director or
employee of the Agency, or any business entity of which the officer, director or employee or the officer's,
director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer,
director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has
a material interest.
i. "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital
stock of any business entity.
ii. The Agency shall not enter into any contract or arrangement in connection with the Project or any
property included or planned to be included in the Project, with any person or entity who was
represented before the Agency by any person who at any time during the immediately preceding
two (2) years was an officer, director or employee of the Agency.
iii. The provisions of this subsection shall not be applicable to any agreement between the Agency and its
fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the
government, or any agreement between the Agency and an agency of state government.
iv. The Agency shall insert in all contracts entered into in connection with the Project or any property
included or planned to be included in the Project, and shall require its contractor to insert in each of
their subcontracts, the following provision: "No member, officer or employee of the Agency or of the
locality during his tenure or for two (2) years thereafter shall have any interest, direct or indirect, in
this contract or the proceeds thereof'.
b. Department Not Obligated to Third Parties. The Department shall not be obligated or liable
under this Agreement to any party other than the Agency. It is specifically agreed between the Parties executing
this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public
or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this
Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this
Agreement.
C. Relationship of Parties. The Agency, its employees, contractors, subcontractors, consultants, and
subconsultants are not agents of the Department as a result of this Agreement.
d. When Rights and Remedies Not Waived. In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or
Page 14 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
any default which may then exist, on the part of the 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.
e. Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
E Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either party of its
sovereign immunity for any damages claimed by third parties.
g. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained
in this Agreement, unless the omission of the invalid or unenforceable provision would cause this Agreement to
violate any applicable law or fail its fundamental purpose.
h. Bonus or Commission. By execution of the Agreement the Agency represents that it has not
paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of the
financing hereunder.
i. Notices. Any notice, demand, or request which is required to be given under this Agreement in
writing shall be delivered to the following addresses:
If to the Department:
If to Agency:
Florida Department of Transportation - District Four
2300 West Commercial Blvd.
Fort Lauderdale, Florida 33309-3421
Attn: Leos A. Kennedy, Jr.
With a copy to: Daniel Smith, P.E.
A second copy to: Office of the General Counsel
Indian River County
180127' Street
Vero Beach, Florida 32960
Attn: Erik Ferguson
With a copy to: County Attorney
j. Agreement Format. All words used in this Agreement in the singular form shall extend to and
include the plural. All words used in the plural form shall extend to and include the singular. All words used in
any gender shall extend to and include all genders.
k. JURY TRIAL WAIVER. THE AGENCY AND THE DEPARTMENT HEREBY
IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR
PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Page 15 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
1. Limitation on Liability. Notwithstanding anything to the contrary in this Agreement, in no
event shall the Agency or the Department be liable to each other for any indirect, punitive, special or consequential
damages (including, but not limited to, loss of profits, interest, earnings or use) whether arising in contract, tort
or otherwise, even if the party has been advised that such damages are possible. The limitation of remedies
provided in the preceding sentence shall survive the expiration or termination of this Agreement.
M. Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
n. State Lobbying. No funds received pursuant to this Agreement may be expended for
lobbying the Legislature, the judicial branch or a state agency.
o. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida
Statutes, and to incorporate in all contracts for performance of the Project the obligation to comply with Section
20.055(5), Florida Statutes.
P. Agreement not Assignable. The Agency may not assign any of its rights or obligations under
this Agreement.
q. Amendments. This Agreement may not be amended, except by a writing signed by both Parties.
r. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
® Exhibit A: Project Description and Responsibilities
❑ Exhibit B: Project Budget
® Exhibit C: Contract Payment Requirements
❑ Exhibit D: Advance Project Reimbursement
® Exhibit E: Terms and Conditions of Construction in Department Right -of -Way
® Exhibit F: Certificate of Completion
® Exhibit G: Engineer's Certificate
❑ Exhibit H: Tangible Personal Property
1-1
® Additional Exhibit(s): _I , are attached, incorporated, and are part of this Agreement
[signatures on following page]
Page 16 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date signed
by the last party executing and inserted in the opening paragraph by the Department.
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION
PAUL LAMPLEY, P.E.
DIRECTOR OF TRANSPORTATION
OPERATIONS
FDOT LEGAL REVIEW
OFFICE OF THE GENERAL COUNSEL
INDIAN RIVER COUNTY
o: •r per:
. • oma:
Jos n
Chairman ` '9�:Az000",
LEGAL REVIEW
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
ey �� _
Deputy Clerk
APPS IO ED "
A A
BY
WIl_L9Akl K. DE'_� :AAL
DEPUTY COUNTY XFCORNEY
Page 17 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
EXHIBIT A
PROJECT DESCRIPTION
DELIVERABLES
A. Project Description: Traffic Monitoring System Technology Updates
B. Project Location: Indian River County (Countywide Intersection Improvements)
C. Project Scope: The DEPARTMENT wishes to participate in upgrading traffic signal control related
equipment maintained by the COUNTY through a Joint Participation Agreement (JPA) between the
DEPARTMENT and the COUNTY. The COUNTY will procure the necessary equipment that are on the
DEPARTMENT's Approved Product's List (APL) and complete the field installation and integrate with the
county's traffic communications network. The upgrades will be limited to thermal vehicle detection systems
and components related, and the field network managed switches for a total of nine (9) intersections listed
below. The COUNTY will ensure that the installation and the integration will be completed in accordance with
the TRAFFIC CONTROL SIGNALS AND DEVICES section of the FDOT Standard Specifications for Road
and Bridge Construction. The FDOT Standard Specification for Road and Bridge Construction will be the
current edition at the time of this Agreement's execution.
Intersection Id
Intersection Name
119
17 ST @ AIA
155
BAHIA MAR RD @ AIA
120
BEACHLAND SR -60
AIA
112
BEAC14LAND SR -60
MOCKINGBIRD
125
BEACHLAND SR -60
RIVER SIDE
143
FRED TUERK @ AIA
25
JOHNS ISLAND AIA
193
ROUND ISLAND PARK
@ AIA
33
ST ED AIA
With the detection system upgraded to thermal sensing cameras, the vehicle detection accuracy is expected to
improve for the above listed intersections and result in reduced maintenance requirements on the county. Upon
successful integration, the COUNTY will submit documentation which includes the proof of purchase and
delivery of all equipment (thermal cameras and related components, field network switches and all related
equipment), the list of intersections where the new detection system got installed, and pictures of all approaches
showing the detection systems for all nine (9) intersections to request reimbursement from the DEPARTMENT.
Page 18 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
D. Unallowable Costs (including but not limited to):
• Any service completed before the execution date or after the expiration date of the agreement will not be
reimbursed.
• Any deliverables/ locations not listed in Exhibit A.
• The COUNTY'S use of products and materials not listed on the APL for which the DEPARTMENT'S
Standard Specifications require the use of an APL item.
E. Department Project Manager. The Department's Project Manager for the Project, and contact information,
is:
Daniel A. Smith
TSM&O Arterial Program Manager
Regional Transportation Management Center (RTMC)
Florida Department of Transportation
2300 W. Commercial Blvd.
Fort Lauderdale, FL 33309
954-847-2633
Page 19 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
EXHIBIT C
CONTRACT PAYMENT REQUIREMENTS
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which
reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which
reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in
lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be
allowable (pursuant to law) and directly related to the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom
reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate
of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf
of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits
will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation
for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to show compliance
with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the
requirements for contracts which include services and that provide for the contractor to purchase tangible
personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs:If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Page 20 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
Contracts between state agencies, and or contracts between universities may submit alternative
documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or
other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at
this web address http://www.fldfs.com/aadir/reference Ruide.htm.
Page 21 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
EXHIBIT E
TERMS AND CONDITIONS OF CONSTRUCTION
i. Design and Construction Standards and Required Approvals.
a. The Agency understands that it is responsible for the preparation and certification of all design
plans for the Project. The Agency shall hire a qualified consultant for the design phase of the
Project or, if applicable, the Agency shall require their design -build contractor or construction
management contractor to hire a qualified consultant for the design phase of the Project.
b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency
for the design phase or other non -construction phases of the Project. If the Project involves a
construction phase, the Agency shall not begin the construction phase of the Project until the
Department issues a Notice to Proceed for the construction phase. Prior to commencing the
construction work described in this Agreement, the Agency shall request a Notice to Proceed from
the Department's Project Manager, Daniel A. Smith (email: Daniel.smith@dot.state.fl.us) or from
an appointed designee. Any construction phase work performed prior to the execution of this
required Notice to Proceed is not subject to reimbursement.
c. The Agency will provide one (1) copy of the final design plans and specifications and final bid
documents to the Department's Project Manager prior to bidding or commencing construction of
the Project.
d. The Agency shall require the Agency's contractor to post a payment and performance bond in
accordance with applicable law(s).
e. The Agency shall be responsible to ensure that the construction work under this Agreement is
performed in accordance with the approved construction documents, and that the construction
work will meet all applicable Agency and Department standards.
f. Upon completion of the work authorized by this Agreement, the Agency shall notify the
Department in writing of the completion of construction of the Project; and for all design work
that originally required certification by a Professional Engineer, this notification shall contain an
Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the form of
which is attached to this Exhibit. The certification shall state that work has been completed in
compliance with the Project construction plans and specifications. If any deviations are found from
the approved plans or specifications, the certification shall include a list of all deviations along
with an explanation that justifies the reason to accept each deviation.
2. Construction on the Department's Right of Way. If the Project involves construction on the
Department's right-of-way, then the following provisions apply to any and all portions of the Project that
are constructed on the Department's right-of-way:
a. The Agency shall hire a qualified contractor using the Agency's normal bid procedures to perform
the construction work for the Project. The Agency must certify that the installation of the Project
is completed by a Contractor prequalified by the Department as required by Section 2 of the
Page 22 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise
approved by the Department in writing or the Contractor exhibits past project experience in the
last five years that are comparable in scale, composition, and overall quality to the site
characterized within the scope of services of this Project.
b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a
Department prequalified consultant firm including one individual that has completed the Advanced
Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing.
The CEI staff shall be present on the Project at all times that the contractor is working.
Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed
Professional Engineer who shall provide the certification that all design and construction for the
Project meets the minimum construction standards established by Department. The Department
shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer
of Record for the Project. The Department shall have the right, but not the obligation, to perform
independent assurance testing during the course of construction of the Project. Notwithstanding
the foregoing, the Department may issue a written waiver of the CEI requirement for portions of
Projects involving the construction of bus shelters, stops, or pads.
c. The Project shall be designed and constructed in accordance with the latest edition of the
Department's Standard Specifications for Road and Bridge Construction, the Department Design
Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following
guidelines shall apply as deemed appropriate by the Department: the Department Structures
Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO
LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green
Book"), and the Department Traffic Engineering Manual. The Agency will be required to submit
any construction plans required by the Department for review and approval prior to any work being
commenced. Should any changes to the plans be required during construction of the Project, the
Agency shall be required to notify the Department of the changes and receive approval from the
Department prior to the changes being constructed. The Agency shall maintain the area of the
Project at all times and coordinate any work needs of the Department during construction of the
Project.
d. The Agency shall notify the Department a minimum of 48 hours before beginning construction
within Department right-of-way. The Agency shall notify the Department should construction be
suspended for more than 5 working days. The Department contact person for construction is Dieao
Velazquez, (772) 429-4818.
e. The Agency shall be responsible for monitoring construction operations and the maintenance of
traffic (MOT) throughout the course of the Project in accordance with the latest edition of the
Department Standard Specifications, section 102. The Agency is responsible for the development
of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in
accordance with the latest version of the Department Design Standards, Index 600 series. Any
MOT plan developed by the Agency that deviates from the Department Design Standards must be
signed and sealed by a professional engineer. MOT plans will require approval by the Department
prior to implementation.
Page 23 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
f. The Agency shall be responsible for locating all existing utilities, both aerial and underground,
and for ensuring that all utility locations be accurately documented on the construction plans. All
utility conflicts shall be fully resolved directly with the applicable utility.
g. The Agency will be responsible for obtaining all permits that may be required by other agencies
or local governmental entities.
h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all
improvements located on the Department's right-of-way resulting from this Agreement shall
become the property of the Department. Neither the granting of the permission to use the
Department right of way nor the placing of facilities upon the Department property shall operate
to create or vest any property right to or in the Agency, except as may otherwise be provided in
separate agreements. The Agency shall not acquire any right, title, interest or estate in Department
right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or
performance of this Agreement including, but not limited to, the Agency's use, occupancy or
possession of Department right of way. The Parties agree that this Agreement does not, and shall
not be construed to, grant credit for any future transportation concurrency requirements pursuant
to Chapter 163, F.S .
i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's
property, including but not limited to, the Department's right-of-way.
j. The Agency shall perform all required testing associated with the design and construction of the
Project. Testing results shall be made available to the Department upon request. The Department
shall have the right to perform its own independent testing during the course of the Project.
k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement
in a good and workmanlike manner, with reasonable care, in accordance with the terms and
provisions of this Agreement and all applicable federal, state, local, administrative, regulatory,
safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines,
standards and permits, as the same may be constituted and amended from time to time, including,
but not limited to, those of the Department, applicable Water Management District, Florida
Department of Environmental Protection, the United States Environmental Protection Agency, the
United States Army Corps of Engineers, the United States Coast Guard and local governmental
entities.
1. If the Department determines a condition exists which threatens the public's safety, the
Department may, at its discretion, cause construction operations to cease and immediately have
any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the
Agency. The Agency shall bear all construction delay costs incurred by the Department.
m. The Agency shall be responsible to maintain and restore all features that might require relocation
within the Department right-of-way.
Page 24 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
n. The Agency will be solely responsible for clean up or restoration required to correct any
environmental or health hazards that may result from construction operations.
o.- The acceptance procedure will include a final "walk-through" by Agency and Department
personnel. Upon completion of construction, the Agency will be required to submit to the
Department final as -built plans and an engineering certification that construction was completed
in accordance to the plans. Submittal of the final as -built plans shall include one complete set of
the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable
Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its
presence, including, but not limited to, all of the Agency's property, machinery, and equipment
from Department right-of-way and shall restore those portions of Department right of way
disturbed or otherwise altered by the Project to substantially the same condition that existed
immediately prior to the commencement of the Project.
p. If the Department determines that the Project is not completed in accordance with the provisions
of this Agreement, the Department shall deliver written notification of such to the Agency. The
Agency shall have thirty (30) days from the date of receipt of the Department's written notice, or
such other time as the Agency and the Department mutually agree to in writing, to complete the
Project and provide the Department with written notice of the same (the "Notice of Completion").
If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project
is not properly completed after receipt of the Notice of Completion, the Department; within its
discretion may: 1) provide the Agency with written authorization granting such additional time as
the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies)
at the Agency's sole cost and expense, without Department liability to the Agency for any resulting
loss or damage to property, including, but not limited to, machinery and equipment. If the
Department elects to correct the deficiency(ies), the Department shall provide the Agency with an
invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty
(30) days of the date of the invoice.
q. The Agency shall implement best management practices for erosion and pollution control to
prevent violation of state water quality standards. The Agency shall be responsible for the
correction of any erosion, shoaling, or water quality problems that result from the construction of
the Project.
r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may
exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and
avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the
Department must be contacted immediately.
s. During construction, highest priority must be given to pedestrian safety. If permission is granted
to temporarily close a sidewalk, it should be done with the express condition that an alternate route
will be provided, and shall continuously maintain pedestrian features to meet Americans Disability
Act (ADA) standards.
Page 25 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
t. Restricted hours of operation will be as follows, unless otherwise approved by the Department's
District Construction Engineer or designee (insert hours and days of the week for restricted
operation): 9:00 am — 3:30pm (Monday — Friday).
u. Lane closures on the state road system must be coordinated with the Public Information Office at
least two weeks prior to the closure. The contact information for the Department's Public
Information Office is:
Insert District PIO contact info:
Guillermo Canedo
Florida Department of Transportation
Public Information Office
3400 West Commercial Blvd.
Fort Lauderdale, FL 33309
954-777-4302
Guillenno.Canedo@dot.state.fl.us
3. Engineer's Certification of Compliance. The Agency shall complete and submit a Notice of Completion
and if applicable Engineer's Certification of Compliance to the Department upon completion of the
construction phase of the Project.
Page 26 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
EXHIBIT F
NOTICE OF COMPLETION
PROJECT FUNDING AGREEMENT
BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and INDIAN RIVER COUNTY
PROJECT DESCRIPTION: TRAFFIC MONITORING SYSTEM TECHNOLOGY UPDATES
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.: 441697-1-58-01
In accordance with the Terms and Conditions of the Project Funding Agreement, the undersigned provides
notification that the work authorized by this Agreement is complete as of , 20_. All work
has been completed in compliance with the Project construction plans and specifications and the Project is suitable
for its intended purpose.
Name:
Title
Page 27 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
EXHIBIT G
ENGINEER'S CERTIFICATION OF COMPLIANCE
PROJECT FUNDING AGREEMENT
BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and INDIAN RIVER COUNTY
PROJECT DESCRIPTION: TRAFFIC MONITORING SYSTEM TECHNOLOGY UPDATES
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.: 441697-1-58-01
In accordance with the Terms and Conditions of the Project Funding Agreement, the undersigned certifies that
all work which originally required certification by a Professional Engineer has been completed in compliance
with the Project construction plans and specifications. If any deviations have been made from the approved plans,
a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached
to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of
"as -built" plans certified by the Engineer of Record/CEI.
P.E.
SEAL:
Ij�
Name:
Date:
Page 28 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
PROJECT FUNDING AGREEMENT
EXHIBIT I
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION
AGREEMENT WITH INDIAN RIVER COUNTY
APY23
Page 29 of 29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC
OPERATIONS
04/15
Page 1 of 5
CONTRACT NO. i�C-'� 2.:�5
FINANCIAL PROJECT NO. 42780438801
F.E.I.D. NO. 596000674056
THIS TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT ("Agreement"), is entered into this '1
day of zs4s Ott beeen the Florida Department of Transportation, an agency of
'
the State Of Florida,
rida, her called the "Department", e,partment", and -T-N �,ar`I tt.xQ. ���
k , Florida,
Qrt L,J ea,tl Poi. � ("Maintaining Agency").
WITNESSETH:
A. The Department is authorized under Section 335.055, Florida Statutes, to enter into this Agreement.
B. The Maintaining Agency is authorized under � NdL o N Q�vcQ, �O CC, 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 Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, interconnected
and monitored traffic signals (IMTS) (defined as signals that are interconnected with telecommunications and are monitored at
a central location), traffic signal systems (defined as central computer, cameras, message signs, communications devices,
interconnect/ network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software, preemption devices,
and uninterruptible power supplies ("UPS")), control devices (defined as intersection control beacons, traffic warning beacons,
illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons,
and Rectangular Rapid Flashing Beacons)), and emergency/fire department signals and speed activated warning displays. The
Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with
operation of such traffic signals and signal systems and devices upon completion of installation of each signal or device. All
traffic signals and control devices mentioned in this paragraph are referred to in this Agreement as "Traffic Signals and Devices".
2. The Department agrees to pay the Maintaining Agency an annual compensation amount based on the Department's fiscal year.
The compensation amount consists of the cost of the maintenance and continuous operation of the Traffic Signals and Devices
as identified in Exhibit A. Payments by the Department will be made in accordance with Exhibit B. In the case of construction
contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection
with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of these
Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final acceptance of the
installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or
corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final
acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications previously
approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation
contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and
Bridge Construction.
3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient
movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal
Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended.
4. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates, preventive maintenance (periodic
inspection, service and routine repairs), restoration of services, and emergency maintenance (trouble shooting in the event of
equipment malfunction, failure, or damage). Restoration of services may include temporary poles, stop signs or other methods
to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log.
The Department intends to conduct a structural inspection of the mast arm structures and strain poles every 60 months, which
inspection shall comply with the checklist included in Exhibit C, attached to and incorporated in this Agreement. The inspection
report will serve as a 90 -day notification to the Maintaining Agency that deficiencies exist which require preventative maintenance
and periodic maintenance. Preventative maintenance includes but is not limited to: spot painting, cleaning, all wiring issues,
grafftti removal, all signal related issues (lighting, signs and connections), and response to traffic impact including repair and
replacement of all components damaged by the traffic impact. For any new painted mast arms installed after the date of this
agreement, preventative maintenance includes all items described above and also includes repainting, tightening of nuts,
replacing missing or deficient bolts, replacement of missing cap covers or equivalent, replacement of missing or deficient access
hole cover plates, and repairing improper grounding. Damaged mast arm structures and strain poles must be properly repaired
or replaced by the Maintaining Agency. If the Maintaining Agency is not successful in recovering damage costs from responsible
party(ies) within 180 days from the occurrence of damage, the Department will reimburse the Maintaining Agency for costs
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010.22
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC
S
04/15
Page 2 of 5
incurred due to traffic impacts to mast arms, which reimbursements will be processed after the Department receives a properly
completed and supported invoice from the Maintaining Agency. The Department will pursue reimbursements from individuals
and/or the third parties who cause damages to mast arms and are liable for replacement/repair costs. Failure to perform
preventative maintenance after notification of an inspection deficiency will result in the Maintaining Agency being responsible for
the corrective actions. If spot painting or any other described preventative maintenance is not carried out, there shall be a 25%
retainage of the annual compensation amount for the affected signal locations until the preventative maintenance is performed.
For each month subsequent to the expiration of the 90 -day notice given to the Maintaining Agency that preventative maintenance
deficiencies exist, 1/121' of the annual compensation amount for the affected signal locations will be forfeited up to 25% of the
annual compensation amount. In the case of a total paint failure on a mast arm installed prior to the date of this Agreement, the
Department will fund the cost of repainting. This does not include any mast arm that was installed with a separate mast arm
painted finish agreement. The terms of that agreement will control.
Periodic maintenance includes but is not limited to: repair of cracks in the mast arm structure; removal and/or repair of grout
pads; resetting of anchor bolts; and repair or replacement of deteriorated anchor bolts and nuts. For any new mast arm
installations after the date of this Agreement, if a Maintaining Agency requests a painted mast arm, the Maintaining Agency
agrees to perform all required periodic and preventative maintenance. Any periodic maintenance performed on the mast arm
structure by the Maintaining Agency needs Department approval prior to commencement of work and shall be performed within
90 days unless under an emergency situation. Any and all work performed by the Maintaining Agency must conform to the
current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department
determines to be at the end of its useful life will be replaced by the Department so long as documented preventative maintenance
and any applicable periodic maintenance was satisfactorily performed by the Maintaining Agency.
The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic
maintenance of mast arms:
Maintaining Agency
Florida DOT
Preventative maintenance of all mast arm structures
Periodic maintenance of all mast arm structures (except for
any new painted and existing painted structures with signed
separate Agreement)
Periodic maintenance of structures (for any new
painted and existing painted structures with signed
separate Agreement)
Damage repair or replacement of structures
Compensate Maintaining Agency for damage repair or
replacement of structures
Replacement at end of life cycle of the structure
The Department will reimburse the Maintaining Agency for costs incurred due to traffic impacts to traffic signal controller cabinet
assemblies, traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain pole repair or
replacement, and all devices shown in Exhibit A, if the Maintaining Agency is not successful in recovering damage costs from
responsible parties. The Maintaining Agency will be responsible for pursuing reimbursements from individuals and/or the third
parties that cause damages. However, if the Maintaining Agency is not successful in recovering damage costs from responsible
party(ies) within 180 days from the occurrence of damage, the Department will pursue reimbursements from individuals and/or
the third parties who cause damages and are liable for replace ment/repair costs to the traffic signal controller cabinet assemblies,
traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain poles, and all devices shown in Exhibit
A. Applicable reimbursements will be processed afterthe Department receives a properly completed and supported invoice from
the Maintaining Agency.
8. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however, it shall only make
permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum
the same functions as the equipment being replaced. The Department shall not make any modifications or equipment
replacements without prior written notice to and consultation with the Maintaining Agency.
a. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with
the Department's timing and phasing plans, specifications, special provisions, Department re -timing projects, and the
Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the
Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings
(cycle length, split, offsets, sequence) are considered operational changes and may be changed by the Maintaining
Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing
provided these changes are made under the direction of a qualified Professional Engineer registered in the State of
Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The
Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the
Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing,
implementation of such modifications will be coordinated with, or made by, the Maintaining Agency. All signal timing
and phasing records shall be retained by the Maintaining Agency for at least three (3) years, and will be made available
to the Department upon request.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC
OPERATIONS
04/15
Page 3 of 5
9. The Maintaining Agency shall note in the maintenance log any changes in timings and phasings, and keep a copy of the timings
and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request.
Maintaining Agencies may provide this information electronically.
10. The Maintaining Agency and the Department shall update Exhibit A on an annual basis which Exhibit A is attached to and
incorporated in this Agreement. Exhibit A will contain all Traffic Signals and Devices on the State Highway System which are
within the jurisdiction of the Maintaining Agency, those that are maintained by the Maintaining Agency and those that are
maintained but not included for compensation. No changes or modifications may be made to Exhibit A during the Department's
fiscal year for compensation. New Traffic Signals and Devices added by the Department during its fiscal year must be maintained
and operated by the Maintaining Agency upon the Department's final acceptance as stated in paragraph 2. The Maintaining
Agency and the Department shall update Exhibit A preceding each Department's fiscal year, which will include all new
Department Traffic Signals and Devices added during the Department's previous fiscal year and delete those removed. Exhibit
A will need to be incorporated into this Agreement by an amendment to this Agreement each time Exhibit A is updated. The
Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices in the Department's fiscal year after
the Traffic Signals and Devices are installed and final acceptance is given by the Department. In the event that no change has
been made to the previous year's Exhibit A, a certification from the Maintaining Agency shall be provided to the Department
certifying that no change has been made to Exhibit A in the Department's previous fiscal year. The annual compensation will
be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will be based on the
information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this
Agreement.
11. Payment will be made in accordance with Section 215.422, Florida Statutes.
12. There shall be no reimbursement for travel expenses under this Agreement.
13. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof.
14. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take
no longer than twenty (20) working days. The Department has twenty (20) days to deliver a request for payment (voucher) to
the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or
the goods or services are received, inspected and approved.
15. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section
55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest
penalties of less than one (1) dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to
a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay In the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the Department.
16. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include
acting as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s) from a state
agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-
877-693-5236.
17. Records of costs incurred under the terns of this Agreement shall be maintained and made available upon request to the
Department at all times during the period of this Agreement and for three (3) years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records of costs incurred include the Maintaining
Agency's general accounting records and the project records, together with supporting documents and records, of the contractor
and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
18. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions
of Section 339.135(6)(a), F.S., are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The Department shall require a statement from
the Comptroller of the Department that such funds are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to
be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have
a term for a period of more than 1 year."
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750.010.22
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC
OPERATIONS
04115
Page 4 0f5
19. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature.
20. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity.
21. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list.
22. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the
Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
23. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be
shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking, Agreement
termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations
specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a
requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic
Signal(s) and Device(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate
by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the
terms and conditions of this Agreement.
24. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining
Agency shall submit an annual Report prior to June 30 of each year detailing the following:
a. Critical Detection device malfunctions: Critical detection is defined as the detection on side -streets and in left tum lanes
on the main streets, and all pedestrian/bicycle detection. Repairs to the side -street and main street left tum detections
shall be made within sixty (60) days of discovery and repairs to the pedestrian detection shall be made within 72 hours
after notification. All these events shall be logged into the annual report. If repairs cannot be performed within 60 days,
the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. The
Maintaining Agency shall ensure that 90% of all critical detectors systemwide are operating properly at all time. Any
time the level drops below 90%, the Agency would have ninety (90) days to correct the situation. A 5% retainage of the
total annual compensation amount (as shown in Exhibit A) will be withheld whenever the 90% critical detection
requirement is not met within the 90 -day period.
b. Traffic signal preventative maintenance inspections: All traffic signals shall receive at least one (1) minor preventative
maintenance inspection, preferably two inspections, within a twelve (12) month period. Preventative maintenance
inspection shall include verification that all detection is working, the signal is cycling properly, the ventilation system is
functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the
vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons,
and check hinges and door locks. At least one (1) conflict monitor test shall be performed during a twelve (12) month
period. Each test is to be documented and included in the annual report to the Department. The inspection report should
note the location, date of inspection and any items noted. If the traffic signals do not receive at least one (1) minor
preventative maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual
compensation amount for the affected signal locations until the preventative maintenance inspection is made. If not
performed within the state's fiscal year, the 20% retainage of the annual compensation amount for the affected signal
locations will be forfeited.
c. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically
monitored via software by personnel at a central location and are therefore receiving the higher compensation amount
as described in Exhibit B, the name(s), titles of those monitoring those intersections, and the location of the central
monitoring facility(s) are to be documented and contained in the annual report submitted to the Department.
d. In addition to the above requirements, if at least 50% of the traffic signals are not inspected and if at least half of the
critical detection requirements as stated in 24a are not met, the Department will retain an additional 25% of the
remaining compensation amount.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010.22
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC
OPERATIONS
04115
Page 5 of 5
25. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but
not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and devices
on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this
Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department.
26. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the
Department.
27. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of
Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by
the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by
the Department.
28. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or
unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to
enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of
any rights of the Department to enforce its remedies hereunder or at law or in equity.
29. This term of this Agreement is twenty (20) years; provided that either party may cancel this Agreement prior to the expiration of
the term of this Agreement. A minimum notice period of two (2) years plus the remaining months of the Department's fiscal year
shall be provided to the other party in writing. Should the Maintaining Agency provide its written notice of cancellation to the
Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing
body) under which the Agency operates.
30. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between
the parties, except specific separate Agreements covering painted mast arm maintenance or any other aspect related to the
painting of mast arms.
31. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's
obligation under this Agreement. The remaining intersections and corridors would continue to be covered under this Agreement.
The Department will provide a minimum of one year notice prior to take-over of maintenance of critical corridors or critical
intersections.
32. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This
Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency.
33. The Maintaining Agency shall:
a. utilize the U.S. Department of Homeland Security s E -Verify system to verify the employment eligibility of all new
employees hired by the Maintaining Agency during the term of the contract, and
b. expressly require any contractors and subcontractors performing work or providing services pursuant to the state
contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the contract term.
34. Exhibits A, B, and C are attached and incorporated by reference.
35. This Agreement contains all the terms and conditions agreed upon by the parties.
Title: CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
Dates --1 7 ' / f
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS
ails
Exhibit A Pa'.- oto
EXHIBIT A
To:
Intersection Locations
Traffic
Signal
TS
Traffic Signal -
Interconnected &
Monitored (IMTS)
Intersection
Control
Beacon(ICS)
Pedestrian
Flashing
Beacon
PFB)
Emergency
Fire Dept.
ISi nal (FDS)
pee
Activated
Warning
Display
(SAWD)
OR Blank
Out Sign
(BOS)
Traffic
Warning
Beacon
(TWB
Travel
Time
Detector
Uninterruptible
Power Supplies
(UPS)
Compensation
Amount (using
Unit Rates from
Exhibit B)
1
12 ST @ US1
TS
$3,040.00
2
15 PL @ US1
TS
$3,040.00
3
17 ST @ 6 AVE
TS
$3,040.00
4
17 ST @ AIA
TS
$3,040.00
5
17 ST @ IR BLVD
TS
$3,040.00
6
17 ST @ USI
TS
$3,040.00
7
SR 60 /19 PL @ 14 AVE
TS
$3,040.00
8
SR 60 /20 PL @ 10 AVE
TS
$3,040.00
9
SR 60 /20 PL @ 11 AVE
TS
$3,040.00
10
SR 60 /20 PL @
COMMERCEAVE
TS
$3,040.00
11
SR 60 /20 PL @ USl
TS
$3,040.00
12
SR 60 /20 PL @ USS WB
RED LIGHT WARNING
TWB
$304.00
13
SR 60 /20 ST @ 10 AVE
TS
$3,040.00
14
SR 60 /20 ST @ 14 AVE
TS
$3,040.00
15
SR 60 /20 ST @ 6 AVE
TS
$3,040.00
16
SR 60 /20 ST @
COMMERCEAVE
TS
$3,040.00
17
SR 60 /20 ST @
COMMERCE AVE EB RED
ILIGHTWARNING
TWB
I
$304.00
18
SR 60 /20 ST @
COMMERCE AVE EB
WARNING RXR BEACON
TWB
$304.00'
19
SR 60 20 ST @ IR BLVD
ITS
$3,040.00
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7$0-030-22
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS
ryry 4115
Explbic A Papcy of ft
EXHIBIT A
To:
Intersection Locations
Traffic
Signal
(TS)
Traffic Signal -
Interconnected &
Monitored IMTS
Intersection
Control
Beacon (ICB)
Pedestrian
Flashing
Beacon
(PFO)
Emergency
Fire Dept.
Signal FDS)
Spee
Activated
Warning
Display
(SAWD)
OR Blank
Out Sign
(BOS)
Traffic
Warning
Beacon
CTWB
Travel
Time
Detector
Uninterruptible
PowerSuppiies
(UPS)
Compensation
Amount (using
Unit Rates from
Exhibit B
20
SR 60 /20 ST @ USI
TS
$3,040.00
21
21 ST @ IR BLVD
TS
$3,040.00
22
23 ST @ USI
TS
$3,040.00
23
26 ST @ USI
TS
$3,040.00
24
32 ST @ US1
TS
$3,040.00
25
37 ST @ USI
TS
$3,040.00
26
38 LN @ USI
TS
$3,040.00
27
4 ST @ US1
TS
$3,040.00
28
41 ST @ US 1
TS
$3,040.00
29
45 5T @ USI
TS
$3,040.00
30
53 ST @ US 1
TS
$3,040.00
31
8 ST @ USI
TS
$3,040,00
32
BAHIA MAR RD @ SR
AIA
TS
$3,040.00
33
BARBER @ US1
TS
$3,040.00
34
SR 60 /BARBER BRIDGE
@ IR BLVD
TS
$3,040.00
35
SR 60 /BARBER BRIDGE
@ IR BLVD NS RED LIGHT
IWARNING
TWB
$304.00
36
SR 60 /BARBER BRIDGE
QUE DETECTION
WARNING
TWB
$304.00
37
SR 60 /BEACH LAND @ SR
AIA
TS
$3,040.00
38
SR 60 /BEACHLAND @
IMOCKINGBfRD
ITS
1$3,040.00
39
SR 60 /BEACHLAND @
RIVERSIDE
ITS
I
1
$3,040.00
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
750-03412
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS
4/is
ErhIbn A P".,3.f -1
LXIIII3IT A
To:
Intersection Locations
Traffic
Signal
(TS)
Traffic Signal •
interconnected &
Monitored (IMTS)
intersection
Control
Beacon (ICB)
Pedestrian
Flashing
Beacon
(PFB)
Emergency
Fire Dept.
Signal (FDS)
Spee
Activated
Warning
Display
(SAWD)
OR Blank
Out Sign
(BOS)
Traffic
Warning
Beacon
(TWB)
Travel
Time
Detector
Uninterruptible
Power Supplies
(UPS)
Compensation
Amount (using
Unit Rates from
Exhibit 8)
40
SR 60 /BEACHLAND ELEM
TWB
$304.00
41
CR510 @ AlA
TS
$3,040.00
42
CR510 @ U51
TS
$3,040.00
43
CR512 @ 1-95 NB
TS
$3,040.00
44
CR512 @ 1.95 SB
TS
$3,040.00
45
CR512EB @ USI
TS
$3,040.00
46
CR512WB @ USl
TS
53,040.00
47
FRED TUERK @SR AlA
TS
FDS
$4,104.00
48
HIGHLAND @ U51
TS
$3,040.00
49
JACKSON @ USI
TS
$3,040.00
50
JAYCEE PARK @ SR AIA
TS
$3,040.00
51
JAYCEE PARK @ SR AIA
WARNING
jPF6
$608.00
52
JOHNS ISLAND @ SR AIA
TS
$3,040.00
53
MAIN @ USI
TS
$3,040.00
54
OSLO @ USl
TS
$3,040.00
55
ROSELAND @ US 1
TS
$3,040.00
56
ROUND ISLAND PARK
@SR AIA
TS
$3,040.00
57
ROYAL PALM @ A BLVD
TS
$3,040.00
58
ROYAL PALM @ IR BLVD
ISB RED LIGHT WARNING
TWB
$304.00
59
ISCHUMANN @ USl
ITS
$3,040.00
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
754.010-22
TRAFFIC OPERATIONS
a/15
E,hlblt A PaS-A otlt—
*Amount paid shall be the Total Lump Sum minus any retainage or forfeiture.
I certify that the above traffic signals will be maintained and operated In accordance with the requirements of the Traffic nal Maintenance
and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time perio
the Department will pay the Maintaining Agency a Total Lump Sum (minus any retainage or forfeiture) of $216,904.00
Maintaining Agency
Date
District Traffic Operations Engineer
,� IS
Date
EXI IIBIT A
To:
Intersection Locations
Traffic
Signal
TS
Pedestrian
Traffic Signal - Intersection Flashing Emergency
Interconnected & Control Beacon Fire Dept,
Monitored (IMTS) Beacon (ICS) (pre) Signal (FDS)
pee
Activated
Warning
Display
(SAWD)
OR Blank
Out Sign
(BOS)
Traffic
Waming
Beacon
(TWB)
Travel
Time
Detector
Uninterruptible
Power Supplies
(UPS)
Compensation
Amount (using
Unit Races from
Exhibit B)
60
SEA OAKS & AIA
TS
$3,040.00
61
SR 60 @ 53 Ave
TS
$3,040.00
62
SR60 @ 20 AVE
TS
$3,040.00
63
SR60 @ 27 AVE
TS
$3,040.00
64
SR60 @ 43 AVE
TS
$3,040.00
65
SR60 @ 58 AVE
TS
$3,040.00
66
SR60 @ 66 AVE
TS
$3,040.00
67
SR60 @ 74 AVE
TS
$3,040.00
68
SR60 @ 82 AVE
TS
_
$3,040.00
69
SR60 @ 90 AVE
TS
$3,040.00
70
SR60 @ 98 AVE
TS
$3,040.00
71
SR60 @ 1-95 N8
TS
$3,040.00
72
SR60 @ 1-95 SB
TS
$3,040.00
73
SR60 @ MALL
TS
$3,040.00
74
ST ED @ SR AIA
TS
$3,040.00
75
ST ED SCHOOL BEACON/
SRA1A
TWB
$304.00
76
US 1 @ 10 AVE
TS
$3,040.00
77
US1 @ 11 AVE
TS
$3,040.00
78
VISTA @ U51
TS
$3,040.00
79
69 ST @ US 1
TS
$3,040.00
Total Lump Sum
$216,904.00
*Amount paid shall be the Total Lump Sum minus any retainage or forfeiture.
I certify that the above traffic signals will be maintained and operated In accordance with the requirements of the Traffic nal Maintenance
and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time perio
the Department will pay the Maintaining Agency a Total Lump Sum (minus any retainage or forfeiture) of $216,904.00
Maintaining Agency
Date
District Traffic Operations Engineer
,� IS
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC
OPERATIONS
04/15
Exhibit B Page 1 of 1
EXHIBIT B
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services
described in this Agreement and in Exhibit A and method by which payments will be made.
2.0 COMPENSATION
For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the
Department will pay the Maintaining Agency the Total Lump Sum (minus any retainage or forfeiture) in Exhibit A.
The Maintaining Agency will receive one lump sum payment (minus any retainage or forfeiture) at the end of each
fiscal year for satisfactory completion of service.
Beginning in the fiscal year 2016-17, for traffic signals which are not interconnected with telecommunications and
are not monitored at a central location, the compensation amount shall be $3,131. The compensation amount for
traffic signals that are interconnected with telecommunications and are monitored at a central location shall be
$4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, 2016. The
Table below shows the compensation amount for the various devices for fiscal years 2015-16 and 2016-17, and
beyond.
Total Lump Sum (minus any retainage or forfeiture) Amount for each fiscal year is calculated by adding all of the individual
intersection amounts.
Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing
beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the
number of individual beacons or poles.
Unit Compensation Rates per Intersection on the State Highway System
'Compensation pro -rata based on intersection approaches or legs on State Highway System.
Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless
otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the
previous year's compensation.
3.0 PAYMENT PROCESSING
The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual
basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30th of
each year . For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1,
2015 through June 30, 2016 no later than June 30, 2016.
Speed
Activate
d
Traffic Signal
Warning
Traffic
-
Intersecti
Pedestria
Emergen
Display
Warni
Interconnect
on
In
cy Fire
(SAWD)
ng
Travel
Uninterrupti
Traffic
ed &
Control
Flashing
Dept.
or Blank
Beaco
Time
ble Power
Signal
monitored
Beacon
Beacon
Signal
Out Sign
n
Detect
Supplies
FY
s (TS)
(IMTS)
(ICB)
(PFB)
(FDS)
(BOS)
(TWB)
or
(UPS)
2014-
$
15*
2,951
$738
$295
$738
$148
$148
2015-16
3,040
760
608
1,064
304
304
2016-17
3,131 1
4,500
783 1
626
1,096 1
313 1
313 1
100
100
2017-18
Based on the Consumer Price Index (CPI), the 2016-17
compensation amounts will
be revised upwards.
2018-19
Based on the CPI, the 2017-18 compensation amounts will be revised upwards.
2019-20
Based on the CPI, the 2018-19 compensation amounts will be revised upwards.
'Compensation pro -rata based on intersection approaches or legs on State Highway System.
Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless
otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the
previous year's compensation.
3.0 PAYMENT PROCESSING
The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual
basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30th of
each year . For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1,
2015 through June 30, 2016 no later than June 30, 2016.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT OPERATIONS PERATIONS
04115
Exhibit C Page 1 of 1
EXHIBIT C
TRAFFIC SIGNAL MAST ARM CHECKLIST
Traffic Signal Mast Arm Checklist
• Foundation, including condition of grout pad if present
• Anchor bolts and nuts
• Base plate
• Base plate connection to vertical member
• Hand hole and hand hole covers and inside of vertical member by removing hand hole covers
• Connections between vertical and horizontal members
• Any member splices
• Attachments
• Member caps