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<br />• S,ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010'30
<br />STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
<br />OZ/03
<br />AGREEMENT Pape 1 of 5
<br />k' Z003
<br />THIS AGREEMENT, entered into this C-0 1 day of year of , by and between the
<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, her inafter referred to as the "FDOT", and
<br />INDIAN RIVER COUNTY , hereinafter referred to as the "MAINTAINING AGENCY';
<br />WITNESSETH:
<br />WHEREAS, the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the
<br />maintenance and operation of lighting on the State Highway System, and the FDOT is authorized under Sections 334.044,
<br />Florida Statutes and 335.055, Florida Statutes to enter into this Agreement; and
<br />WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this
<br />Agreement, and has designated the officer(s) authorized to receive and respond to the FDOT's work orders;
<br />NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and
<br />the MAINTAINING AGENCY hereby agree as follows:
<br />Maintenance of Facilities
<br />a. The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located on the State Highway
<br />System within the jurisdictional boundaries of the MAINTAINING AGENCY, hereinafter referred to as the
<br />"Facilities," throughout its expected useful life. For the purposes of this Agreement, the term Facilities
<br />shall be deemed to include, but not necessarily be limited to, lighting for roadways, as well as park and
<br />ride, pedestrian overpasses, and recreational areas owned by or located on the property of the FDOT, but
<br />shall exclude those systems listed in Exhibit "A" attached hereto and by this reference made a part hereof,
<br />and shall exclude lighting located in weigh stations, rest areas, or on Interstate highways.
<br />b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the
<br />Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting
<br />type (ex. high mast, standard, underdeck, sign) or roadway system at all times for their normal expected
<br />useful life in accordance with the original design thereof, whether necessitated by normal wear and tear,
<br />accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited
<br />to, providing electrical power and paying all charges associated therewith, routine inspection and testing,
<br />preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities
<br />(including the poles and any and all other component parts installed as part of the Facilities), and locating
<br />(both vertically and horizontally) the Facilities, as may be necessary.
<br />C. All maintenance shall be in accordance with the provisions of the following:
<br />(1) Manual of Uniform Traffic Control Devices; and,
<br />(2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT
<br />procedures.
<br />d. For lighting installed as part of an FDOT project, the MAINTAINING AGENCY's obligation to maintain shall
<br />commence upon the MAINTAINING AGENCY's receipt of notification from the FDOT that the FDOT has finally
<br />accepted the project, except for the obligation to provide for electrical power, which obligation to provide for
<br />electrical power shall commence at such time as the lighting system is ready to be energized; provided, however,
<br />that the MAINTAINING AGENCY shall not be required to perform any activities which are the responsibilities of
<br />FDOT's contractor.
<br />e. The continuing obligations under this paragraph i beyond the first fiscal year hereof are subject to the voluntary
<br />negotiation of the amount to be paid as set forth in subparagraph 2b hereof.
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