STATE HIGHWAY LIGHTING MAINTENANCE AND COMPENSATION AGREEMENT (2)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
Form No 710-010-30,
Utililies
Rev, ~02
THIS AGREEMENT, entered into this day of , year of , by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT", and
Ct.-e'::J (';)..{J C f("'~ rW-.Ot.~ ' ,hereinafter referred to as the "MAINTAINING
AGENCY";
WITNESSETH:
WHEREAS, the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance
and operation of lighting on the State Highway System, and the FOOT is authorized under Sections 334.044, Florida Statutes and
335.055, Florida Statutes to enter into this Agreement; and
WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement,
and has designated the officer(s) authorized to receive and respond to the FOOT's work orders;
NOW, THEREFORE, in consideration of the prerT)ises and the mutual covenants contained herein, the FOOT and the
MAINTAINING AGENCY hereby agree as follows: '
. 1. Maintenance of Facilities
a. The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located onthe State Highway
System within the jurisdictional boundaries of the MAINTAINING AGENCY, hereinafter referred to as the
"Facilities," throughout its expected useful life. For the purposes of thjs Agreement, the term Facilities shall
be deemed to include, but not necessarily be limited to, lighting for roadways, as well as park and ride,
pedestrian overpasses, and recreational areas owned by or located on the property of the FOOT, but shall
exclude those systems listed in Exhibit "A" attached hereto and by this reference made a part hereof, and
shall exclude lighting located in weigh stations, rest areas, or on Interstate highways,
b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to 'keep the
Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type
(ex. high mast, standard, underdeck, sign) or roadway system at all times for their normal expected useful life
in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or
intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, providing
electrical power and paying all charges-associated therewith, routine inspection and testing, preventative
maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the
poles and any and all other component parts installed as part of the Facilities), and locating (both vertically
and horizontally) the Facilities, as may be necessary.
c. All maintenance shall be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices; and,
(2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FOOT
procedures.
d. For lighting installed as part of an FOOT project, the MAINTAINING AGENCY's obligation to maintain shall
commence upon the MAINTAINING AGENCY's receipt of notification from the FOOT that the FOOT has finally
accepted the project, except for the obligation to provide for electrical power, which obligation to provide for
electrical power shall commence at such time as the lighting system is ready to be energized; provided, however,
that the MAINTAINING AGENCY shall not be required to perform any activities which are the responsibilities of
FOOT's contractor.
Page 1 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
Form No 710-01"30.
Utililies
Rev_~02
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 shall be null and void, and no money
may be paid on such contract. The FOOT shall require a statement from the Comptroller of the FOOT that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding one (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 FOOT which are for an amount in excess of $25,000 and which have a
term for a period of more than one (1) year,
The FOOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY.
5, Default
In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following
options, provided that at no time shall the FOOT be entitled to receive double recovery of damages:
a. Pursue a claim for damages suffered by the FOOT or the public.
b. Pursue any other remedies legally available.
c. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or
through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the
MAINTAINING AGENCY fails to cure the non-performance within four:teen (14) days after written notice from
the FOOT of the non-performance; provided, however, that advance notice and cure shall not be preconditions
in the event of an emergency.
6. Indemnification
The MAINTAINING AGENCY, to the extent allowed by Section 768.28, Florida Statutes', shall indemnify, defend,
save, and hold harmless, the State, the FOOT, and all of their officers, agents, and employees from all suits,
actions', claims, demands, and liabilities of any nature whatsoever arising out of, because of, or due to breach of this
Agreement by the MAINTAINING AGENCY, its subcontractors, agents, or employees or due to any act or
occurrence of omission or commission of the ,MAINTAINING AGENCY, its subcontractors, agents, or employees.
7. Force Majeure
Neither the MAINTAINING AGENCY nor the FOOT shall be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other
event beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the
other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
8. Miscellaneous
a. The FOOT 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
shall be cause for unilateral cancellation of this Agreement.
b. The MAINTAINING AGENCY 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 MAINTAINING
AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public
Page 301 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
Form No 710-01030_
Um.ies
Rev,,.02
9. Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
Maintaining Agency in the form of additions, deletions or substitutions are reflected only in an Appendix entitled
"Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected
portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only
and do not change the terms of the document. By signing this document, the Maintaining Agency hereby represents
that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes
To Form Document."
You MUST signify by selecting or checking which of the following applies:
o No changes have been made to this Forms Document and no Appendix entitled "Changes To Form
Document" is attached.
Dc No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Forms Document." ,-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
MAINTAINING AGENCY
SEE ATTACHED CITY OF CLEARWATER SIGNATURE PAGE
BY: lSianaturel
DATE:
(Typed Name:
(Typed Title:
Recommend Approval by the District
BY: lSianaturel
DATE:
(Typed Name:
(Typed Title:
FDOT Legal Review
BY: (Sianaturel
DATE:
District Counsel
(Typed Name: ___________________________________>
Page50f 5
STREET LIGHT OUTAGE INVENTORY
CORRIDOR FROM TO Total Lights Lights Out Date Audited Auditor %on Employee
Alternate US 19 Belleair Road Union Street 142 95 PEB
Court Street Missour Avenue Highland Avenue 40 95 PEB
Drew Street Ft. Harrison N,E. Coachman 151 95 PEB
Memorial Causeway Beach Bayfront 68 97 PEB
Missouri Avenue Belleair Road Court Street 65 100 PEB
N.E. Coachman Drew Street McMullen Booth Rd, 43 100 PEB
SR 580 FP ROW McMullen Booth Rd, 60 100 PEB
SR60 Bayfront Bayshore Blvd, 130 99 PEB
U.S, 19 Belleair Road SR 580 245 99 PEB
Date Completed
Total
944