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ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT f STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-01"2 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT oo M THIS AGREEMENT, entered into this 1day of Ia- nUar , year of :Oc by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and the CITY OF CLEARWATER, hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH.- WHEREAS, ITNESSETH:WHEREAS, there exists or is about to be installed on the state highway system a lighting system more particularly described in Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as the "Roadway Lighting System"; and; WHEREAS, the FDOT and the MAINTAINING AGENCY desire to enter into an agreement pursuant to the provisions of Rule Chapter 14-64 of the Florida Administrative Code providing for the maintenance of the Roadway Lighting System; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of the Roadway Lighting System a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the Roadway Lighting System throughout its expected useful life. b. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities necessary to keep the Roadway Lighting System fully and properly functioning at all times for its 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, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Roadway Lighting System (including the poles and any and all other component parts installed as part of the Roadway Lighting System), and the locating of facilities as may be necessary. C. All maintenance shall be in accordance with the provisions of the following: (1) Roadway and Roadside Maintenance Procedure,Topic No.850-000- 015; I t (2) Manual of Uniform Traffic Control Devices and Safe Procedures for I' I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fam No.71M10-U ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT fl Streets and Highway Construction; and (3) All other applicable local, state or Federal laws, rules resolution, or ordinances and FDOT procedures. 2. Operating Costs In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be responsible for all costs of operating the Roadway Lighting System, including, but not limited to, all costs of electrical power consumed by the Roadway Lighting System and all other electrical charges. 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed and costs expended pursuant to this Agreement. The records shall be kept in such format as is approved by the FDOT. All such records shall be deemed to be pubic records subject to the provisions of Chapter 119 of the Florida Statutes. 4. 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 FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FDOT or the public. b. Suspend or terminate the issuance of further permits to the MAINTAINING AGENCY for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT. C. Pursue any other remedies legally available. d. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from the MAINTAINING AGENCY. e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING AGENCY's sole cost and expense. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Uo» 5. Indemnification For Government MAINTAINING AGENCY: To the extent provided by law,the MAINTAINING AGENCY shall indemnify,defend and hold harmless the FDOT and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, action, error, neglect or omission by the MAINTAINING AGENCY, its agents, employees, or subcontractors during the performance of the Agreement,whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject,except that neitherthe MAINTAINING AGENCY,its agents,employees nor subcontractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers agents or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the MAINTAINING AGENCY in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the MAINTAINING AGENCY. The MAINTAINING AGENCY and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whetherto require the participation of the MAINTAINING AGENCY in the defense of the claim or to require the MAINTAINING AGENCY to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY from any of the requirements of this section. The FDOT and the MAINTAINING AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. For NON-Government MAINTAINING AGENCY; The MAINTAINING AGENCY shah indemnify,defend and hold harmless the FDOT and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, action, error, neglect or omission by the MAINTAINING AGENCY, its agents, employees, or subcontractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which the FDOT or said parties may be subject, except that neither the MAINTAINING AGENCY, its agents,employees nor subcontractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 710410-52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Uo or any of its officers agents or employees during the performance of this Agreement. The MAINTAINING AGENCY's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within seven (7) days of receipt by the MAINTAINING AGENCY of the FDOT's notice of claim for indemnification to the MAINTAINING AGENCY. The notice of claim for indemnification shall be served by certified mail. The MAINTAINING AGENCY's obligation to defend and indemnify within seven (7) days of such notice shall not be excused because of the MAINTAINING AGENCY's inability to evaluate liability or because the MAINTAINING AGENCY evaluates liability and determines the MAINTAINING AGENCY is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the MAINTAINING AGENCY. The MAINTAINING AGENCY shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY of the above duty to defend. 6. Force Majeure Neither the MAINTAINING AGENCY nor the FDOT 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. 7. Miscellaneous a. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except thatthe MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 710-010.52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT V07M procedures will be provided to the MAINTAINING AGENCY upon request. b. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. C. Time is of the essence in the performance of all obligations under this Agreement. d. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the MAINTAINING AGENCY: CITY OF CLEARWATER Post Office Box 4748 Clearwater, Florida 33758-4748 If to the FDOT: Florida Department of Transportation Attention: Henry E. Humbert 11201 N. McKinley Drive, District Utilities MS 7-820 Tampa, FL 33612-6430 s. 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." g STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 7i"10.0 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 0"7M" IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective tfie day and year first written. MAINTAINING AGENCY: CITY OF CLEARWAT R Bri Ma or Mich el J. Roberto, Gity Manager o n a ,,, ss Stant City Atty. ynt q a E. Goudeau, 'Gity Clerk Recommend,.Approv I by the District Utility Office FDOT Legal Review BY: Si nature DATE: ) --3 -00 District Cou rosel STATE OF FLORIDA DEPARTMENT OF TRA PORT BY: Si nature lll)iDATE: o d (Typed Name: _ William P. Geers (Typed Title: Director of Production } FEDERAL HIGHWAY ADMINISTRATION (i#applicable) BY: DATE: (Typed Name: ) (Typed Title: 1 i Changes to Form Document • In the event of a declared natural disaster resulting in the destruction of or damage to all or part of the highway lighting system, and for which the DEPARTMENT receives Federal Highway Administration (FHWA) Emergency Relief funds to restore the lighting system, the DEPARTMENT shall assume responsibility for all such restoration work unless mutually agreed to by the DEPARTMENT and the City. • The term "Maintenance" shall include responsibility for any and all costs associated with the operation, upkeep and repair of the lighting system. This includes but is not limited to: providing electrical power; replacing luminaires; repairing, replacing and/or re-erecting any portion of the system following vehicular impact or damage resulting from wind, rain, fire or any cause; repairing worn, broken or shorted wiring, fuses, disconnects or other damage to electrical components; and all other maintenance, upkeep or repair necessary for effective lighting system operation. 12/28/1999 16:18 727562477 ENG PAGE 01101 DEC-28-1999 14-17 -ERRWATER CITY CLERK 72? 562 40eG P.002i002 ITEM #17- Contract to WRS_lnfra$truct K,eandand Environment-Inc., for $64,157.80, for source removal of contaminated mail at property located at 80+4-804.5 Pennayhrania Avenue, utilizing State Brownfields Appropriations (ED) ITEM # - Aneeement&it Greater Cloalwater Chamber of Commerce for Fiscal Year 1989-2000, City to provide $170,000 in funding In exchange for certain tourism services to be provided by Chamber (ED) ITEM 919 - Ag rnent with CleKWater Beach Chamber of !QQ merce for Fiscal Yaw 1999- 7000, City to provide $25,000 in funding in exchange for certain tourism services to be provided by Chamber IEVI ITEM # - Bogird qf Jru5J=. Cie-arwalUjolice SupoleMentgry Panai d - reappoint William Schwob (PD) ITEM #21 - Second ArneadMent to contract with..I`_a_gistia$jLt_e_=4 Inc., eliminating Records Management System (RMS) Software and revising installation, training, interface & project management portions of contract, while leaving in place, Computer Aided Dispatch (CAI ) system as well as computer hardware already installed for RMS (PD) 1TI b&J22 - AcreQt ctraxrt from U.S. Department of Justice/Office of Community Oriented Policing Sorvicue (COPS) for period 811199-8131/2002, in the amount of $375,000 (PD) ITEM #23 - RatifYJCanfirm. Change Orden to contract for ernergency repair & retrofit of Solld Waste Fueling Facility with Tampa Bay Engineering, $80,268 (PW) ITEM #24 - Work Orde 12 Tampa Flay Engineering for services related to rehabilitation of Sanitary Sewer Pump Stations #20 & #35, $246,838 (PW) I - JgLrg-Froi@Z AgreomeLit withFro' FDQ1. street Righting at SR 65 {US 19N1 and Drew Street interchange (PW) 119M #26-Approve)al Plat for BsHesi; ]/Flags Suhdi+ui�ion, located approximately 350' West of Missouri Avenue, lying along South side of Bellesir Road (PWI ITEM #27 - Stas 2QQQ l-ygislative Pqcki3.qe (CLKJ Commissioner Clark moved to approve the Consent Agenda as submitted, The ,notion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM ,#28 - Update regarding a En wa a o (CM) Post-w Fax Nota 7671 Date f p Qer. To I Frain mcC 1 299 CaJOept. � coc 12J09/99 Phone 0 Phone Fax«yF 3 Fax# TOTAL P.002 I , STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 110-01<>-52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT ~= THIS AGREEMENT, entered into this _day of ,year of ,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the I1FOOT," and the CITY OF CLEARWATER, hereinafter referred to as the "MAINTAINING AGENCYI1; WITNESSETH: WHEREAS, there exists or is about to be installed on the state highway system a lighting system more particularly described in Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as the "Roadway Lighting System"; and; WHEREAS, the FOOT and the MAINTAINING AGENCY desire to enter into an agreement pursuant to the provisions of Rule Chapter 14-64 of the Florida Administrative Code providing for the maintenance of the Roadway Lighting System; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of the Roadway Lighting System a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the Roadway Lighting System throughout its expected useful life. b, In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities necessary to keep the Roadway Lighting System fully and properly functioning at all times for its 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, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Roadway Lighting System (including the poles and any and all other component parts installed as part of the Roadway Lighting System), and the locating of facilities as may be necessary . c. All maintenance shall be in accordance with the provisions of the following: (1) Roadway and Roadside Maintenance Procedure, Topic No. 850-000- 015; (2) Manual of Uniform Traffic Control Devices and Safe Procedures for cc./ ,/; <.... -,~ - ,1 .' 0') I I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fonn No. 110410.62 UlIIiN ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 01198 Streets and Highway Construction; and (3) All other applicable local, state or Federal laws, rules resolution, or ordinances and FOOT procedures. 2, Operating Costs In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be responsible for all costs of operating the Roadway Lighting System, including, but not limited to, all costs of electrical power consumed by the Roadway Lighting System and all other electrical charges. 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed and costs expended pursuant to this Agreement. The records shall be kept in such format as is approved by the FOOT. All such records shall be deemed to be pubic records subject to the provisions of Chapter 119 of the Florida Statutes. 4. 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. Suspend or terminate the issuance of further permits to the MAINTAINING AGENCY for the placement of Facilities on FOOT property if the breach is material and has not been cured within 60 days from written notice thereof from FOOT. c. Pursue any other remedies legally available. d. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from the MAINTAINING AGENCY. e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING AGENCY's sole cost and expense. I I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATlON Form No. 71().O10.62 UtiIiIIM ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 071llll 5, Indemnification For Government MAINTAINING AGENCY: To the extent provided by law, the MAINTAINING AGENCY shall indemnify, defend and hold harmless the FOOT and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, action, error, neglect or omission by the MAINTAINING AGENCY, its agents, employees, or subcontractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the MAINTAINING AGENCY, its agents, employees nor subcontractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers agents or employees during the performance of this Agreement. When the FOOT receives a notice of claim for damages that may have been caused by the MAINTAINING AGENCY in the performance of services required under this Agreement, the FOOT will immediately forward the claim to the MAINTAINING AGENCY. The MAINTAINING AGENCY and the FOOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FOOT will determine whether to require the participation ofthe MAINTAINING AGENCY in the defense of the claim or to require the MAINTAINING AGENCY to defend the FOOT in such claim as described in this section, The FOOT's failure to notify the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY from any of the requirements of this section. The FOOT and the MAINTAINING AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. For NON-Government MAINTAINING AGENCY: The MAINTAINING AGENCY shall indemnify, defend and hold harmless the FOOT and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, action, error, neglect or omission by the MAINTAINING AGENCY, its agents, employees, or subcontractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which the FOOT or said parties may be subject, except that neither the MAINTAINING AGENCY, its agents, employees nor subcontractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT I I STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION Farm No 71o-o1Q.42 UliIiliII ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 01_ or any of its officers agents or employees during the performance ofthis Agreement. The MAINTAINING AGENCY's obligation to indemnify, defend, and pay for the defense or at the FOOT's option, to participate and associate with the FOOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within seven (7) days of receipt by the MAINTAINING AGENCY of the FOOT's notice of claim for indemnification to the MAINTAINING AGENCY. The notice of claim for indemnification shall be served by certified mail. The MAINTAINING AGENCY's obligation to defend and indemnify within seven (7) days of such notice shall not be excused because of the MAINTAINING AGENCY's inability to evaluate liability or because the MAINTAINING AGENCY evaluates liability and determines the MAINTAINING AGENCY is not liable or determines the FOOT is solely negligent. Only a final adjudication or judgment finding the FOOT solely negligent shall excuse performance of this provision by the MAINTAINING AGENCY. The MAINTAINING AGENCY shall pay all costs and fees related to this obligation and its enforcement by the FOOT. The FOOT's delay in notifying the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY of the above duty to defend. 6, 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 ofthe 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, 7. Miscellaneous a. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FOOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation ofthe Facilities and exceptthatthe MAINTAINING AGENCY and the FOOT may have entered into joint agreements for Utility Work to be performed by FOOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FOOT manuals, policies, and I I STATE OF flORIDA DEPARTMENT OF TRANSPORTATION F_No 7'0-01G-52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT u::: - procedures will be provided to the MAINTAINING AGENCY upon request. b, This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. c. Time is of the essence in the performance of all obligations under this Agreement. d, All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FOOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the MAINTAINING AGENCY: CITY OF CLEARWATER Post Office Box 4748 Clearwater, Florida 33758-4748 If to the FOOT: 8. Certification This document is a printout of an FOOT 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 ofthe 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." I I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 71041().$Z ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT ~,; IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY: CITY OF CLEARWAT onn Carassao, Assistant City Atty. Recommend Approval by the District Utility Office FOOT Legal Review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DA TE: (Typed Name: (Typed Title: ) ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: (Typed Title: ) ) - .II 'Changes to Form Document I · In the event of a declared natural disaster resulting in the destruction of or damage to all or part of the highway lighting system, and for which the DEPARTMENT receives Federal Highway Administration (FHWA) Emergency Relief funds to restore the lighting system, the DEPARTMENT shall assume responsibility for all such restoration work unless mutually agreed to by the DEPARTMENT and the City, · The term "Maintenance" shall include responsibility for any and all costs associated with the operation, upkeep and repair of the lighting system, This includes but is not limited to: providing electrical power; replacing luminaires; repairing, replacing and/or re-erecting any portion of the system following vehicular impact or damage resulting from wind, rain, fire or any cause; repairing worn, broken or shorted wiring, fuses, disconnects or other damage to electrical components; and all other maintenance, upkeep or repair necessary for effective lighting system operation.