CN-550000-BEE16.pdf

FLORIDA DEPARTMENT OF TRANSPORTATION

CONTRACTUAL SERVICES AGREEMENT

STATE OF FLORIDA GOVERNMENTAL AGENCIES

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Agreement No. BEE16

Financial Project I.D. 410957-1-82-03

Journal Trans./F.E.I.D. #: F592982959-005

Benefiting Object Code: NA

Benefiting Category: NA

Appropriation Bill Number(s)/Line Item Number(s) for 1st year of contract, pursuant to s. 216.313, F.S.:

(required for contracts in excess of $5 million)

Procurement No.: EXEMPT

DMS Catalog Class No.: 72141003, 80161505

BY THIS AGREEMENT, made and entered into on by and between the

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and Central Florida

Regional Transit Authority dba Lynx , of 455 N. Garland Ave, Orlando, Florida 32801, an agency or educational unit as defined in Chapter 120, Florida Statutes, hereinafter called "Vendor", hereby agree as follows:

1. SERVICE

A. In connection with District Five Road Ranger Patrol Services (I-4 and Arterials) , the Department does hereby retain the Vendor to furnish certain services, information and items as described in Exhibit "A", attached hereto and made a part hereof.

2. TERM

A. Initial Term. This Agreement shall begin on date of execution and shall terminate on 6/30/2025. Services shall commence 7/1/2022 and shall be completed by 6/30/2025 or date of termination, whichever occurs first.

B. RENEWALS (Select appropriate box):.

This Agreement may not be renewed

This Agreement may be renewed for a period that may not exceed three (3) years or the term of the original agreement, whichever is longer. Renewals are contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Costs for renewals may not be charged. Any renewal or extension must be in writing and is subject to the same terms and conditions set forth in this Agreement and any written amendments signed by the parties.

3. COMPENSATION AND PAYMENT

A. 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. Deliverable(s) must be received and accepted in writing by the Contract Manager on the Department’s invoice transmittal forms prior to payment. If the Department determines that the performance of the Vendor is unsatisfactory, the Department shall notify the Vendor of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Vendor shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Vendor 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 Vendor 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 vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may bill the Department for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the funds retained will be forfeited at the end of the agreement period.

DocuSign Envelope ID: 7CE247C1-1B6D-4260-AEFF-0707AD48E01A

6/22/2022 | 9:15 AM EDT

STATE OF FLORIDA GOVERNMENTAL AGENCIES

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B. Any penalty for delay in payment shall be in accordance with Section 215.422, Florida Statutes.

C. The bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof.

D. The bills for any travel expenses, when authorized by terms of this Agreement and by the Department's Project Manager, shall be submitted on the Department’s Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, F.S and the most current version of the Disbursement Handbook for Employees and Managers.

E. A vendor ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for 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.

F. 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 agreement, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such agreement. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such agreement or other binding commitment of funds. Nothing herein contained shall prevent the making of agreements for periods exceeding one year, but any agreement 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.

Accordingly, the Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature.

G. Records of costs incurred under 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 three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred shall include the Vendor's general accounting records and the project records, together with supporting documents and records, of the Vendor and all subcontractors performing work on the project, and all other records of the Vendor and subcontractors considered necessary by the Department for a proper audit of project costs.

4. COMPLIANCE WITH LAWS

A. The Vendor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Vendor in conjunction with this Agreement. Specifically, if the Vendor is acting on behalf of a public agency the Vendor shall:

(1) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Vendor.

(2) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

(4) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Vendor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department.

Failure by the Vendor to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Vendor shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the Department a copy of the Vendor's response to each such request.

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B. 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, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not sumit bids, proposals, or replies 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 following the date of being placed on the convicted vendor list.

C. The Department shall consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.

D. The Vendor agrees to comply with the Title VI Nondiscrimination Contract Provisions, Appendices A and E, available at http://www.dot.state.fl.us/procurement/index.shtm, incorporated herein by reference and made a part of this Agreement.

E. Pursuant to Section 216.347, Florida Statutes, the vendor may not expend any State funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.

F. Any Intellectual Property developed as a result of this Agreement will belong to and be the sole property of the State. This provision will survive the termination or expiration of the Agreement.

G. Federal-aid projects for highway construction shall comply with the Buy America provisions of 23 CFR 635.410, as amended.

H. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract” in 41 CFR Part 60-1.3 shall comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

5. TERMINATION AND DEFAULT

A. This Agreement may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination. The Department further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors.

B. If the Department determines that the performance of the Vendor is not satisfactory, the Department shall have the option of (a) immediately terminating the Agreement, or (b) notifying the Vendor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the Department.

C. If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Vendor, the Department shall notify the Vendor of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.

D. If the Agreement is terminated before performance is completed, the Vendor shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the Department and will be turned over promptly by the Vendor.

E. A Vendor is ineligible to enter into a contract with the Department for goods or services of any amount if, at the time of entering into such contract, the Vendor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits companies from entering into a contract for goods or services of $1 million or more that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created

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pursuant to s. 215.473, Florida Statutes. If the Department determines the Vendor submitted a false certification under Section 287.135 of the Florida Statutes, the Department shall either terminate the Contract after it has given the Vendor notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135 of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135 of the Florida Statutes are met.

6. ASSIGNMENT AND SUBCONTRACTS

A. The Vendor shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the Department.

B. This Agreement involves the expenditure of federal funds and hence, Appendix I is applicable to all parties and is hereof made a part of this Agreement

7. DISCRIMINATION

A. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies 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.

8. MISCELLANEOUS

A. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto.

B. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid.

C. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

D. The Department may grant the Vendor’s employees or subconsultants access to the Department’s secure networks as part of the project. In the event such employees’ or subconsultants’ participation in the project is terminated or will be terminated, the Vendor shall notify the Department’s project manager no later than the employees’ or subconsultants’ separation date from participation in the project or immediately upon the Vendor acquiring knowledge of such termination of employees’ or subconsultants’ participation in the project, whichever occurs later.

E. Vendor/Contractor:

1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and

2. shall expressly require any 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; and

3. shall adhere to requirements in section 448.095, Florida Statutes.

9. The following attachments are incorporated and made a part of this Agreement:

Exhibit "A" Scope of Services Exhibit "B" Method of Compensation Appendix "A" Duties and Responsibilities Appendix "B" Uniforms, Equipment, Supplies, Expendables Appendix "C" Florida Road Ranger Operations Procedure

STATE OF FLORIDA GOVERNMENTAL AGENCIES

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10. Other Provisions:

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above.

Central Florida Regional Transit Authority dba Lynx

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

Name of Vendor

BY: BY:

Authorized Signature Authorized Signature

James E. Harrison, ESQ, P.E. Mark Garcia, P.E.

(Print/Type) (Print/Type)

Title: Title: Director of Transportation Operations

FOR DEPARTMENT USE ONLY

APPROVED: LEGAL REVIEW

Procurement Office

Chief Executive Officer

ROAD RANGER SERVICES - DISTRICT 5 (I-4 and Arterials)

BEE16

District Five Road Ranger

Patrol Services (I-4 and Arterials)

Exhibit “A” Scope of Services

Table of Contents

EXHIBIT A: SCOPE OF SERVICES

1. OBJECTIVE

2. DEFINITION OF TERMS

3. SERVICES TO BE PROVIDED BY CONTRACTOR

4. GENERAL CONTRACT REQUIREMENTS, ADDITIONS, DELETIONS

Item Additions and Deletions

5. APPLICABLE STANDARDS

6. LANGUAGE/VERBAL COMMUNICATIONS

7. SERVICE PATROL COVERAGE AREA

Route Adjustments

8. CONTRACTOR’S SUPERVISOR/LEAD

9. EMERGENCY & OTHER SERVICES

Emergency Services

Traffic Incident Management (TIM) Team

10. SERVICE PATROL HOURS OF OPERATION

Anticipated Service Patrol hours

11. SERVICE PATROL SHIFT CHANGES

12. SHIFT CHANGE and RE-FUELING/RE-EQUIPPING LOCATIONS

Geographic Locations of Facilities

Physical Facilities

13. SERVICE PATROL VEHICLE ASSIGNMENTS

Backup Vehicles

Re-Supply Vehicles

14. SERVICE PATROL VEHICLE MINIMUMS & REPLACEMENT REQUIREMENTS

15. SERVICE PATROL VEHICLE LOGOS AND MARKINGS

16. SERVICE PATROL VEHICLE SPECIFICATIONS

17. EQUIPMENT, TOOLS, and EXPENDABLES REQUIREMENTS

18. AUTOMATIC VEHICLE LOCATION (GPS) SYSTEM

19. COMMUNICATIONS EQUIPMENT REQUIREMENTS

SLERS (State Law Enforcement Radio System)

Cellular Telephones

Electronic Mail (e-mail)

Public Address System

20. SERVICE PATROL VEHICLE ACCESSORIES/PARTS/TOOL BOX REQUIREMENTS24

21. MAINTENANCE OF SERVICE PATROL VEHICLES

22. SERVICE PATROL VEHICLE INSPECTIONS

23. SERVICE PATROL OPERATOR REQUIREMENTS

Rejection of Driver/Operator, Supervisors, or Managers

Removal of Driver/Operators

Operator Documentation

Driving Record and Criminal Background Checks

Operator Security Clearance for Use of SLERS

24. DRIVER/OPERATOR CONDUCT AND GROOMING

Alcohol/Drugs

25. TRAINING REQUIREMENTS FOR SERVICE PATROL OPERATORS

26. SAFETY RULES AND GENERAL REGULATIONS

27. AUTHORIZED SERVICE PATROL VEHICLE STOPS

Restrictions

28. TOWING REQUESTS FROM MOTORISTS

29. SURVEY CARDS AND OTHER PRINTED MATERIALS

30. SERVICE PATROL DRIVER INSERVICE OPERATOR LOGS

31. DAMAGE TO MOTORIST PROPERTY

32. SPONSORSHIP

Distribution of Promotional Materials

Special Events

33. LIQUIDATED DAMAGES DUE TO NON-PERFORMANCE

34. CONTRACT MONITORING/PROGRESS REPORTING/COORDINATION

Appendix A: Duties and Responsibilities

Pre- and Post-Shift

Patrolling

Clearing and Clean Up

Notifications

Advise Motorists

Assistance to Motorists

Disabled Vehicles

Abandoned Vehicles

Crashes

Assistance to Emergency Responders, FDOT, and/or FDOT Representatives

Moving Disabled Vehicles from Traffic Lanes

Transporting People

Animals

Additional Duties

Appendix B: Uniforms, Equipment, Supplies, Expendables

Uniforms

Equipment

Tools

Expendables

Communications

Department Provided Radios

Cellular Telephones

Public Address System

AVL/GPS System

Laptop/Tablet

Service Patrol Vehicles

DMS (Dynamic Message Sign)

Light Bar

Appendix C: Florida Road Ranger Operations Procedure

Road Ranger Disqualifying Criteria

Open Roads Policy Exhibit B: Method of Compensation……………………………………………………………………..……78

Left blank intentionally.

EXHIBIT A: SCOPE OF SERVICES

1. OBJECTIVE

The Florida Department of Transportation District 5, hereafter known as the Department, requires services by a Road Ranger Service Patrol provider, hereafter known as the

Contractor, for motorist assistance and incident management support on Interstate 4, from MM 58 to MM 74 and arterial routes assigned by the Department. Patrol areas will also extend to Wekiva Parkway and/or to assist with special events as directed by the

RTMC, with I-4 and the arterial route being priority for coverage.

Road Ranger Service Patrols are an integral part of the Department’s Traffic Incident

Management (TIM) Program and shall proactively assist with the management of incidents in an effort to minimize the risk of secondary crashes and reduce traffic congestion, and the resultant travel time delay, caused by vehicle crashes, disablements, and non-hazardous spills.

The services described in this Scope of Services (SOS) shall cover all existing and future

Road Ranger Service Patrol deployments within the geographic coverage area and term defined in this agreement, hereafter known as the Contract.

2. DEFINITION OF TERMS

Approved Container: A closed container of not more than 5-gallon capacity, having a flash arresting screen, spring closing lid and spout cover and so designed that it will safely relieve internal pressure when subjected to heat or exposed to fire. These containers shall meet Occupational Safety and Health Administration (OSHA) requirements. Approval must be given by a nationally recognized testing laboratory and the container marked as “UL

Listed”.

Automated Vehicle Locator (AVL): Uses global positioning system to pinpoint the longitude, latitude, ground speed, and course direction of a given vehicle.

Contractor: The individual company contracted with the Department to deliver roadside emergency assistance/services for contracts issued to implement the Road Ranger

Program.

Do Not Pass Rule: Road Rangers should not bypass a stranded motorist while on patrol, unless enroute to a higher priority call such as a lane blocking crash.

DMS: Dynamic message sign

Expendables: Items given at no cost to motorists or emergency responders including, but not limited to, supplies, drinking water, flares, etc.

FDOT: Florida Department of Transportation

FHP: Florida Highway Patrol

LEO: Law Enforcement Officer

LOA: Letter of Authorization

MOT: Maintenance of Traffic

Marketing Firm: Firm that has negotiated the agreement between the Sponsor and the

DEPARTMENT. It also manages the interaction between the Department and the

Sponsor.

Motorist Aid Service Logs: Activity and performance records typically aggregated from

RTMC, Road Ranger Service Operator, and AVL input. In the event the Department’s software is down and data cannot be collected automatically, Road Ranger Service

Operators must maintain a manual Motorist Aid Service Log or comply with the

Department’s current method of manual back-up (coordinated by the RTMC, TIM Program

Manager, or their designee), until such time as the software or equipment issue is resolved.

After the software/equipment issues have been resolved the contractor shall work with the department to input incidents into the system.

Patrol Sector or “beat”: The specific section of roadway on which a Road Ranger Service

Patrol Operator is to patrol during his/her shift. Beats will vary dependent on the design of the program, location, and time of day.

RISC: Rapid Incident Scene Clearance towing program implemented by the department to expedite clearance of large-scale and/or commercial vehicle incidents that have the potential for long-term closures.

Regional Transportation Management Center (RTMC): A dispatch and communications facility housing both FDOT and State Law Enforcement Agency (FHP Communications) personnel. The RTMC is used for dispatch, communications and management of traffic and traffic incidents on the freeways as well as law enforcement activities.

Road Ranger: Individual or unit that patrols specifically defined locations on Florida’s

State Highway System to aid in incident response, quick clearance, motorist safety and providing assistance to motorist(s) who are in need of assistance/services. Also referred to as “Operator”.

RRSP: Road Ranger Service Patrol

Service Patrol: A roving patrol used by many states to provide incident management assistance, known in Florida as the Road Rangers.

Service Patrol Hour: Actively patrolling coverage area, while performing duties outlined herein

Service Patrol Vehicle: A vehicle used by Road Rangers to provide incident response and motorist assistance.

Sponsor: An organization that provides financial support to the Road Ranger Service

Patrol in exchange for the display of its logos and likenesses on vehicles, uniforms and roadway signs.

State Law Enforcement Radio System (SLERS): SLERS is a secured, unified digital radio network used by state law enforcement officers and other participating agencies throughout the state to communicate.

Strategic Highway Safety Research Program, Part 2 (SHRP2): The second Strategic

Highway Research Program (SHRP 2) authorized by Congress to address some of the most pressing concerns related to saving lives and reducing congestion in the transportation infrastructure.

Temporary Traffic Control (TTC): The use of temporary traffic control devices and personnel to guide traffic through an area where road user conditions are changed by road work or an incident.

Traffic Incident Management (TIM): The process of coordinating the resources of a number of different agencies to detect, respond to, and clear traffic incidents as quickly as possible to reduce the impacts of incidents on safety and congestion, while protecting the safety of on-scene responders.

3. SERVICES TO BE PROVIDED BY CONTRACTOR

The Contractor shall provide all personnel, supervision, expertise, vehicles, equipment, materials, parts, licenses, supplies, and incidentals necessary to provide a fully functional

Service Patrol operation for a minimum 20,800 service patrol hours, per year (1,734 hrs/mth). Full implementation of Road Ranger Service Patrols, as outlined in this Scope, shall commence on July 1, 2022.

Vehicles and personnel shall meet the requirements as directed in Road Ranger

Operations (FDOT Procedure 750-030-015-d, or the most recent version). At a minimum, the Contractor shall perform the following duties:

Actively patrol coverage area, Actively communicate with the Regional Traffic Management Center to provide immediate, first-hand information on all incidents

Deploy as directed by the Regional Traffic Management Center or Traffic Incident

Management Program team

Cooperate with first responders (law enforcement, fire/rescue, etc) and the

Department’s Traffic Incident Management program

Provide assistance to stranded motorists

Remove debris from roadway

Reposition or relocate disabled or crashed vehicles from travel lanes per FDOT/FHP guidelines by pushing, pulling, dragging, or towing vehicle

Tagging of abandoned vehicles for LEO removal

Assist incident responders with temporary traffic control (TTC)

Attend and participate in Traffic Incident Management meetings

Act in a manner that properly represents the Department

Services are further defined in Appendix A.

During natural or manmade disasters or emergencies, the Contractor may be required to provide additional vehicles, equipment, and personnel to assist with evacuations or response/recovery operations. The Contractor may also be required to expand hours of operation to accommodate the operational needs during that timeframe.

4. GENERAL CONTRACT REQUIREMENTS, ADDITIONS, DELETIONS

This is a performance-based contract in which the Contractor will be routinely evaluated to ensure services are being provided and related activities are accomplished in compliance with established policies, procedures, and standard operating guidelines. The

Contractor will be required to maintain supporting documentation for all operations and activities. Upon request from the Department’s Project Manager or their designee, the

Contractor shall provide supporting documentation in the format requested. Paper logs of

Road Ranger activity are only required during times when InService and/or SunGuide are down, or as requested by the Department.

Throughout the term of this Contract, the Department’s Project Manager or their designee will conduct reviews of the Contractor’s work and daily operations. (See Section 36:

Contract Monitoring/Progress Reporting/Coordination.)

The Contractor shall provide a representative to attend all meetings required by the

Department.

Instances where the Department finds the Service Patrol Contractor fails to comply with a specific provision(s) of their contract (i.e., not performing the responsibilities and services described herein) the Department shall reduce the monthly invoice (See Section

36, “Provision for Penalty or Default due to Non-Performance”) or, at the Department’s discretion, terminate the contract.

Item Additions and Deletions

During the Contract period and any renewal periods, the Department shall have the right to add or delete the Services to or from this agreement by adding them to, or removing them from, the Price Proposal Form. Any new Services added shall be at the requirements, specifications, terms, and conditions stated herein or as later stipulated by the Department, and at mutually agreed pricing accepted, in writing, by both the

Contractor and the Department. Items may be removed at the sole discretion of the

Department, per the requirements, terms, and conditions herein and/or as permitted by

Florida Statutes, Florida Administrative Code, or FDOT policy.

Due to the changing dynamics within any deployment of Services, the Contractor will be able, upon written authorization by the Department’s Project Manager, and upon supplemental agreement to the Contract as to compensation and time, to perform additional services pertaining to motorist assistance and incident management not otherwise identified in this Contract as may be required by the Department.

5. APPLICABLE STANDARDS

All work shall be conducted in accordance with the latest editions of standards and requirements utilized by the DEPARTMENT, which include, but are not limited to:

Topic No. 250-000-010 Driver’s Record Requirements

Topic No. 001-010-015 Tobacco Use Policy

Topic No. 001-250-013 Drug-Free Workplace and Drug Testing Policy

Topic No. 001-010-020 Ethics Policy

FDOT Standard Plan for Road Construction

Sections 112.0455, 316.003(1), 316.072(5)(b)(1), 316.072(5)(b)(4), and

316.126(1)(b) F.S., 316.1945(1)(a)11

Joint Task Force for Law Enforcement Radio System Security Procedure o See Rejection of Drivers, Operators, Supervisors/Leads, and Managers

(Section 24)

FDOT Road Ranger Operations Procedure – Appendix C o Open Roads Policy

6. LANGUAGE/VERBAL COMMUNICATIONS

The Department conducts its official business in English. All Operators and personnel shall be fluent in English.

7. SERVICE PATROL COVERAGE AREA

The service patrol coverage area spans approximately 16 centerline miles (one way) on

I-4, between MM 58 and MM 74, including appropriate turnarounds for each endpoint.

Additionally, Road Ranger service patrols will be provided along designated arterial routes. During the life of the contract, the service area may change or expand for additional routes. The delivery of services shall be broken down into Patrol Sectors or

“beats” that enable each patrol to operate within their assigned area and reach incidents and/or stranded motorists with minimum delay. Each sector shall have specific turn-around locations and shall start and end at specific entrance/exit ramps.

Route Adjustments

At any time during the Contract’s term, the Department reserves the right to require adjustment, alteration, or addition of sector locations to better accommodate the demand for services and the needs of the Department. The recommendation may also be provided by the Contractor. Changes that result in an expansion of services would be paid at the contracted hourly rate or via amendment to this contract.

a) Except during times of emergency, the Department will advise the Contractor of any required adjustment to a sector within forty-eight (48) hours prior to the effective date of adjustment.

b) The Contractor will be given thirty (30) days’ notice when a new “permanent” service area is added to the Contract that will increase the total number of hours of service.

c) The Contractor may agree to shorter notice at the time of the notification.

8. CONTRACTOR’S SUPERVISOR/LEAD

The Contractor shall identify one (1) Supervisor and Lead(s) for each shift who shall be the point of contact for the Department for urgent issues relating to day-to-day operations.

At least one Supervisor or Lead shall be available to the Department during all on-duty hours through a reliable phone number.

If required, the Supervisor shall be at a requested location within one (1) hour after being contacted by the Department, the Department’s Project Manager, or their designee, for emergencies.

The Supervisor shall be available (on-call) to assist individual operators, as needed, in the re-supply of expendable supplies or vehicle replacement, and shall be capable of replacing an operator on a designated route in the event of an emergency.

If during the term of this contract, a new Supervisor is to be employed by the Contractor to meet the provisions of the Contract, the new Supervisor shall be available to meet with the Department’s Project Manager or their designee. The time spent shall not be billable to the Department.

An interim Supervisor or Lead shall be assigned if the Contractor’s Supervisor/Lead is away, or the position is temporarily vacant.

The Contractor’s Supervisors or Leads for this contract shall meet the background and training requirements for the Driver/Operator.

9. EMERGENCY & OTHER SERVICES

At times, the Department may identify a need to utilize the Service Patrol Operators for purposes not specifically outlined in this Scope such as expositions, safety events, and meetings. The Department also reserves the right to assign the Service Patrol Operators to duties that are consistent with those outlined in this Scope, including emergency services.

Emergency Services

The Contractor shall make resources available for all activities described herein for providing services during a hurricane evacuation, major incidents, roadway construction, or FHP requests after receipt of approval from the Department’s Project Manager, TIM

Program Manager, or their designee.

During hurricane evacuations, emergencies, or occasionally during special events, the

Contractor may be asked to expand the designated Road Ranger Patrol coverage area

(by manning and deploying back-up vehicles) to provide disabled vehicle assistance until such time as normal traffic operations have resumed.

Traffic Incident Management (TIM) Team

The Contractor or their designee (Lead/Supervisor level or higher) shall attend and participate as an active team member at quarterly TIM meetings for their respective areas.

(There is 1 TIM team for the Metro Orlando area.) Attendance at these meetings shall not be billable to the Department.

1. The Department’s Traffic Incident Manager will provide the date, time, and location for the meeting(s) to the Contractor at least two (2) weeks in advance.

2. Attendance at the meeting shall not result in fewer Road Rangers on patrol.

10. SERVICE PATROL HOURS OF OPERATION

The Contractor is required to begin all shifts/assignments with the appropriate number and type of vehicles according to an approved schedule. The minimum staffing is outlined below:

West end of I-4 (MM 58 to MM 74)

- Minimum of 2 Road Rangers on patrol or 1st and 2nd shift

- Minimum of 1 Road Ranger on patrol for 3rd shift

Arterials

- Minimum of 1 Road Ranger on patrol for 1st and 2nd shift, Monday – Friday (subject to change as needed)

On any given day that the Contractor cannot meet minimum staffing requirements, immediate notification should be made to the Department’s project manager or their designee.

The Contractor shall submit schedules to the Department for approval every 6-months

(prior to a bid for schedules), or upon notice of employee termination, for whatever reason. The Contractor shall discuss staffing needs with the Department to review any potential changes in zones and required staffing levels prior to the hiring of additional personnel. Schedule updates shall include personnel who left the program, personnel anticipated to be added to the program, and personal available for the quarter. Available personnel shall be allocated to outlined shifts and routes.

The Contractor shall staff the contract as authorized by the Department or as requested for Road Ranger Service Patrol extended service through written means. Verbal direction shall not be used for any authorizations. Additional hours worked without authorization will not be compensated.

Holidays or special events that fall within the typical work week for a given coverage area shall be covered in accordance with the standard schedule and shall meet outlined performance measures. Any changes in the schedule will be addressed by the

Department’s Project Manager, or their designee, on an as needed basis. If the

Department requests additional hours or units, beyond the regularly funded staffing level, the Contractor will be paid at the contracted hourly rate.

The Contractor is required to begin all shifts/assignments with the appropriate number and type of vehicles according to approved schedule.

The Department reserves the right to require adjustment in schedules, shift times, and service levels to meet the Department’s needs.

Gaps in Schedule:

In the event the primary Contractor does not have the minimum staffing to cover all shifts for I-4 and the designated arterial route, the Department may use different contracts to fill in any gaps. In the event the Department uses another Contractor to staff an area, it will require additional assets to be mobilized. The costs of this are anticipated to be substantial upfront to the Department, and therefore the Department will commit these sections of roadway for the other Contractor to provide coverage for a minimum of one

(1) year. The primary Contractor should not anticipate staffing the area during this period.

11. SERVICE PATROL SHIFT CHANGES

The Contractor shall submit to the Department for approval prior to implementation, their plan for shift change times, duration of shifts, and staffing plan. Shift change hours shall coincide with low traffic volume hours.

Changes to the Contractor’s plan during the contract period shall also be submitted for approval prior to their implementation.

Service Patrol Operators shall respond to all requests for service or assistance from the

Department or Law Enforcement Officers, even if the request comes near the end of the

Operator’s shift. The services requested shall be accomplished prior to the Operator terminating their shift.

Service Patrol Operators providing MOT/TTC at an incident shall not leave an active incident at the end of their shift without relief from FDOT, Asset Management, or authorization from the RTMC, TIM Program personnel, or on-scene law enforcement. If an incident is expected to exceed normal service patrol hours by more than 1-hour, the

Service Patrol Operator shall coordinate with the RTMC for relief by FDOT or the appropriate Asset Management team.

At shift changes, the Contractor shall be allowed a maximum of (30) minutes from the time a unit leaves the designated route, until the time the unit must be back on route, to change drivers, fuel, inspect vehicles, and re-stock supplies.

12. SHIFT CHANGE and RE-FUELING/RE-EQUIPPING LOCATIONS

Geographic Locations of Facilities

The locations where Service Patrol Operators refuel and/or replenish their supplies shall be approved by the Department’s Project Manager or their designee, with the intent of minimizing downtime.

Physical Facilities

The facilities where Service Patrol Operators pick up their trucks to begin or end their shifts shall be in locations that meet all local zoning requirements for the purpose and should allow all drivers to reach their patrol routes within 30-minutes of beginning shifts.

The Department may allow use of weigh stations, rest areas, or other Department-owned properties or facilities for operations, staging and/or parking of Road Ranger Service

Patrol vehicles. The use of auxiliary structures on FDOT property is subject to FDOT approval. All costs for auxiliary structures, including but not limited to utility upgrades, utility costs, etc. shall be the responsibility of the vendor and shall be reflected in their bid price.

13. SERVICE PATROL VEHICLE ASSIGNMENTS

All Service Patrol vehicles are restricted for the Department’s official use only and are to be used to provide the services contained herein. Service Patrol vehicles are not to be used for personal or other business-related work of the Contractor. Covering Department identification logos or markings shall be prohibited.

Backup Vehicles

Backup vehicles shall be used when a regular, dedicated vehicle is taken out of service for any reason and shall be the same type, be equipped the same, and perform all the functions of a regular vehicle.

Backup vehicles shall be deployed and in service as a replacement within thirty (30) minutes of a regular vehicle breakdown.

If the replacement vehicle is not placed into service within thirty (30) minutes, the

Contractor shall reduce the monthly invoice to reflect the time the Service Patrol is unavailable.

In the event of recurring unavailability of vehicles on patrol, the Department has the right to terminate the contract for non-compliance.

Re-Supply Vehicles

Supervisors on the road during the shifts shall carry in their vehicle extra expendable supplies to assist in the re-supply of other patrol vehicles.

14. SERVICE PATROL VEHICLE MINIMUMS & REPLACEMENT REQUIREMENTS

All vehicles in the Service Patrol vehicle fleet shall meet the specific vehicle requirements and be capable of carrying the equipment specified in this contract, and in accordance with state Road Ranger policy 750-030-015-d, or the most recent version. All vehicles must be licensed in the State of Florida. Proof of such licensing must be provided to the

Department prior to a vehicle being used on this Contract.

The Department may require an independent safety inspection of the vehicles by a technician of the Department’s choosing and at the Contractor’s expense.

a) Contractor shall assure vehicle availability during the entire service period

b) All used vehicles shall have verifiable maintenance records available for each vehicle that show the vehicle was consistently maintained according to the manufacturer’s service/interval recommendations

a. All body panels and parts on the used vehicles shall meet the same appearance standards as new vehicles

b. “Used” vehicles shall be replaced under the same guidelines as new vehicles

c. Consideration will be given to the replacement of chassis and/or body separately of each other for vehicles so designed. Should Contractor desire separate replacement they shall request, in writing, and include the specific reason for the request.

c) Any tow trucks must meet FHP standards for use on Florida’s interstates or freeways.

d) During the term of the contract, vehicles will be maintained to OEM standards for operations on public highways. Any vehicle that fails to meet these criteria shall be removed from service regardless of years or mileage.

15. SERVICE PATROL VEHICLE LOGOS AND MARKINGS

Vehicle markings shall be in compliance with Road Ranger Operations Procedure (750-

030-015-d, or the most recent version.)

Markings and Logos

In case of non-sponsored Districts, the Vendor shall submit a design plan for all RRSP vehicle markings, logos, and placement, by vehicle type, to the Department for approval prior to their application. The Department reserves the right to add or delete markings and logos at any time during the contract term. The Vendor shall maintain all vehicle markings and logos in a clean and readable condition. Covering RRSP markings and logos and any reference to the Vendor’s company name or logo displayed on the RRSP vehicle or otherwise is strictly prohibited. In case of sponsored Districts, the

Department’s marketing firm is responsible for coordinating with the sponsor to submit a design plan for all RRSP vehicle markings, logos, and placement. The Vendor is responsible for maintaining all vehicle markings and logos in a clean and readable condition after installation.

Should a Vendor’s RRSP vehicle become permanently inoperable for any reason or should the contract be terminated for any reason, including contract conclusion, the

Vendor shall permanently remove all Department RRSP vehicle markings and logos prior to the vehicle being junked, sold, or placed in private sector operation. The Vendor shall provide pictures with data and timestamp to show all four sides of the vehicle after removing all vehicle markings and logos.

The Vendor shall procure and apply the following RRSP vehicle markings and logos prior to any vehicle being placed into service, including backup vehicles. All logos, lettering, and markings shall be made of a material with retro-reflective properties or background to facilitate nighttime viewing. Refer to Section 6.5.5.3 and Appendix C for additional markings, logos, and conspicuity requirements.

a) The base color for each RRSP vehicle shall be white.

b) An eleven (11) inch FDOT logo (current version) placed on the front left and right doors.

c) “ROAD RANGER” in black six (6) inch letters on white background placed below the FDOT logo on the front left and right doors, spaced to provide maximum visibility to corresponding graphics.

d) “ROAD RANGER” in black four (4) inch inverse lettering on white background placed above grill or on bug shield on the front of the vehicle (to facilitate viewing from the rear-view mirror of motorist receiving RRSP assistance).

e) “ROAD RANGER” in black four (4) inch letters on white background placed on the rear bumper or tailgate of RRSP pickup trucks (as applicable).

f) “FREE SERVICE” in black two (2) inch letters on white background placed below

“ROAD RANGER” lettering on the front left and right doors.

g) “FREE SERVICE” in black four (4) inch letters on white background placed on the rear bumper or tailgate of RRSP pickup trucks (as applicable).

h) A Florida 511 logo (current version) ten (10) inches by ten (10) inches (100 in2) in size placed in a suitable location on the left and right sides of the vehicle.

i) “INCIDENT RESPONSE” in red six (6) inch letters on white background placed on the utility body or similar area of the left and right sides of the vehicle.

j) “DIAL * FHP (347)” in dark blue six (6) inch letters on white background placed below “INCIDENT RESPONSE” on the utility body or similar area of the left and right sides of the vehicle.

k) A multi-digit RRSP vehicle identification number in black four (4) inch letters on white background placed forward of the front left and right doors along the vehicle beltline, as well as on the front and rear of the vehicle. The first digit of the identification number shall be the FDOT District Number. The Vendor shall submit a request to the Department to provide the subsequent digits for each vehicle.

Sponsor Markings and Logos

For Department sanctioned RRSP sponsorships, the Vendor shall make its vehicles available to the Department or sponsoring agents for vehicle wrapping and/or the application of markings, names, and logos in accordance with sponsorship agreements.

The Vendor shall maintain all said sponsorship wrapping, markings, names, and logos in a clean and readable condition.

All markings and decals shall be maintained in a clean, bright, and readable condition throughout the term of this contract. Markings’ placement may vary due to vehicle type and configuration but shall be approved by the Department.

Should a Service Patrol vehicle become permanently inoperable for any reason or should the Service Patrol Contract be terminated for any reason, or at the conclusion of this

Contract, the service Patrol vehicles shall have all logos referencing this contract permanently removed before being junked, sold, or placed in private sector use.

The Department may require the addition/deletion of markings at any time during the

Contract.

Contractor is required to apply any Department approved Service Patrol sponsorship markings and/or decals to the Service Patrol vehicles provided that:

Sponsorship markings/decals do not cover any FDOT required logos

Any variations to the Road Ranger vehicles (i.e., vehicle size or type) must be submitted, in writing, to the District TIM Program Manager for approval.

Contractor shall equip all trucks with a portable dynamic message sign (DMS) that meets or exceeds the specifications described in Appendix B.

Any and all equipment shall be securely attached and, when appropriate, in reach of the driver without distraction to driving safely.

16. SERVICE PATROL VEHICLE SPECIFICATIONS

Road Ranger vehicles must:

be a minimum of full-size, ¾ ton, 4-door pickups.

have the capability to push, drag, pull, tow, or reposition/relocate disabled vehicles out of travel lane(s).

be capable of transporting all required equipment, properly secured.

be capable of transporting the Road Ranger and potential passengers (not to exceed the maximum occupancy of the vehicle), with seatbelts for each.

accommodate mounting of a Department-provided laptop or tablet include an AVL system, compatible with the Department-provided laptop or tablet, and software be equipped with the lights, equipment, tools, expendables, and communications devices outlined in Road Ranger Operations Procedure (750-030-015-d, or the most recent version), or as outlined in this contract

Additional vehicle specifications are defined in Appendix B.

17. EQUIPMENT, TOOLS, and EXPENDABLES REQUIREMENTS

The Contractor…