ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT (2)
~ Clearwater
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Interoffice Correspondence Sheet
To:
Susan Stephenson, Documents & Records Specialist
From:
Alice R. Eckman, Engineering Services Technician
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CC: Agreement File Folder
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Date: February 8, 2002
RE: Transmittal of Original Agreement
SR55/US19 South of Coachman Rd. to North of Sunset Point Rd.
Attached for your files is the Original Signed and Sealed Joint Project Agreement with
Florida Department of Transportation for the "Roadway Lighting System Maintenance
Agreement" dated January 30, 2002, for SR 55/US 19 South of Coachman Rd. to North
of Sunset Point Rd.
We have kept a xerox copy in our office for our files.
/ae
Attachment
Transmitlal of Original's 10 Clerk's Office
00 D3f -01
~
Florida Department of Transportation
11201 N. McKINLEY DRIVE' TAMPA, FL 33612-6-156' (813)975-6000' ]-800-226-7220
JEB BUSH
GOVERNOR
THOMAS F. BARRY, JR.
SECRETARY
February 5,2002
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Mr, Robert Guercia, P.E.
City of Clearwater
Street Lighting Department
100 S. Myrtle Avenue
Clearwater, FL 33756
CITY Of C/JARWArER
PlJBlIC WORKS ADMINISTRATION
RE: FPID: 256888-1-52-01 /wPINo. 7116974 /SPN: 15150-3580
COUNTY: Pinellas /SR 55 / US 19 South of Coachman Rd to North of Sunset Point Rd,
Dear Guercia:
We are enclosing your copy of the executed Highway Lighting Joint Project Agreement, for the
above subject project. This agreement places responsibility for all costs of maintenance and
electrical service upon your agency.
Please advise us if we can be of any further assistance to you.
illip N, Luckett
Utility Coordinator
form#36
Enclosures
cc: Daphne Mahagan, District Construction Services
Salvador Nabong, District Maintenance Engineer, w/agreement
Joe Hitterman, Project Manager, w/agreement
Joy Lukcic, CEI, w/agreement
Project File
F:\fdt7\028\o 11 \form#36.blk
www.dat.state.fl.us
00 03~ .Of
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
710-010-52
UTILITIES
10101
Page 1 of4
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT
Financial Project ID:
Work Program Item No. (old):
State Job No. (old):
256888-1-52-01
7116974
15150-3580
Federal Project ID:
County/Section No:
District Document No:
N/A
15/150
N/A
THIS AGREEMENT, made and entered into ~O' day of~ 0. ""\J~'-S' '" , year of "'2 c 02.., by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT", and
~ CI+',-\ ~S;C\~&..",~*, ' hereinafter referred to as the "MAINTAINING
,
I
I
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 FDOT and the MAINTAINING AGENCY desire to enter into an agreement pursuant to the
provisions of Rule Chapter 14-46 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:
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 n
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 a
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 Streets and Highway
Construction; and
(3) All other applicable local, state or Federal laws, rules resolution, or ordinances and FOOT
procedures.
2. Operating Costs
1.
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 public records subject to the provisions of Chapter 119, Florida Statutes.
ci-\
00 03 g () I
710-010-52
UTILITIES
10101
Page 2 of4
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 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 until such time as the breach is cured.
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.
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 contractors
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, or
contractors 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 of the 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 contractors 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, or contractors 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.
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 fourteen (14) 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 fourteen
(14) 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.
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710-010-52
UTILITIES
10101
Page 3 of4
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 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 FOOT 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 that the 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 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:
Mr. Paul Bertels, City of Clearwater Traffic Operations Manager
IUU ~. Myrtle Avenue, ~u1te llU
Clearwater. Florida 33756-5520
If to the FOOT:
e. PUBLIC ENTITY CRIME INFORMATION STATEMENT: 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.
f. 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,
subcontractor, or consultant under a contract with any public entity, and may not transact business with
any public entity.
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71 0-010-52
UTILITIES
10/01
Page 4 of4
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 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:
@ No changes have been made to this Forms Document and no Appendix entitled "Changes To Form
Document" is attached.
o 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 writte
MAINTAINING AGENCY
BY (Signature)
See attached signature page.
DATE:
(Typed Name: )
Recommend Approval by the District Utility Office
BY (Signature) G 0 . 0 /) L ()
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(Typed Name: G. Sunny DeCoster, Sr.
DATE: CJ,J/tJ/t>2.
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DATE: 11cft--i@
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FDOTLegaJReVie~...... ~... .
BY (Signature) ~
Distnct Counsel
STATE OF FLORIDA
DEPA~TM.E.... NT. ...O.....FT..R.~~~N.~ .S, O~TA..T....IO. N
BY (Slgnatu~\.._ ~{)- ~
(Typed Name:
(Typed Title:
DATE:
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FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY (Signature)
DATE:
(Typed Name:
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City of Clearwater Signature Page for Roadway Lighting System Maintenance Agreement for Street
Lighting at the SR 55 (U.S. 19) at Coachman Road ad Sunset Point Road Interchanges.
Countersigned:
BY ~r~'
Brian 1. Aungs~ ~
Mayor - Commissioner
Approved as to form:
fiE. c4
eC.Hayrrmn ~-
ssistant City Attorney
Attest:
~
RESOLUTION NO. 01-42
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF A
ROADWAY LIGHTING SYSTEM MAINTENANCE
AGREEMENT BETWEEN THE CITY OF CLEARWATER AND
THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION FOR STREET LIGHTING AT THE S.R.
55 (U.S. 19) AT COACHMAN ROAD AND SUNSET POINT
ROAD INTERCHANGES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is in the best interests of both the City of Clearwater and the Florida
Department of Transportation (FDOT) to enter into a Roadway Lighting System Maintenance
Agreement for the interchanges of S.R. 55 (U.S. 19) at Coachman Road and Sunset Point Road; and
WHEREAS, the lighting of these interchanges is important to the City for safety reasons; and
WHEREAS, the Roadway Lighting System Maintenance Agreement is the required
mechanism to accomplish said street lighting; and
WHEREAS, the Agreement clarifies liabilities and ensures the sovereign immunity of the
City; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Roadway Lighting System
Maintenance Agreement between the City and FDOT for street lighting along S.R. 55 (U.S. 19) at the
interchanges of Coachman Road and Sunset Point Road.
Section 2. The City Commission hereby authorizes the City Manager and the Mayor-
Commissioner to sign the Roadway Lighting System Maintenance Agreement described in the
Resolution.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
13th day of December ,2001.
I hereby certify that this is a true and
correct copy of the original as it appears
in the files of. the City of Clearw:tter.
Witness my hand and official seal of
the Ci Clear ater.
This day of .20.a2
.....
Brian J. Aungst
Mayor-Commi simler
Approved as to form:
Attest:
~. ~//l!/~:U. jf;~Li~auJL,
\~eau fI-
~ City Clerk
~ c b6u=
J e C, Hayman .
Assistant City Attorney
Resolution No. 01-42