2001-084 Roadway Lighting Maint. Agreement w/FDOTRESOLUTION 84-2001
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
131sACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
TO ENTIiR INTO A ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) ATTACHED AS EXHIBIT "A",
WIIIC}1 AGREEMENT PROVIDES MAINTENANCE REQUIREMENTS BY THE VILLAGE
OF DECORATIVE LIGHTS TO BE PLACED BY FDOT ON U.S. HIGHWAY ONE WITHIN
THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE.
B}i IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council ofthe Village of North Palm Beach, Florida, does hereby approve
the Roadway bighting System Maintenance Agreement with FDOT attached as Exhibit "A", which
agreement provides maintenance requirements by the Village of North Palm Beach of decorative
street lights to be placed by FDOT on U.S. Highway One within the Village.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Roadway
bighting System Maintenance Agreement with FDOT set forth in Exhibit "A" for and on behalf of
the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 11th DAY OF OCTOBER. 200].
(Village Seal)
. ATTEST:
VILLAGE CLERK
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STATE OF FLORIDA DEFARTMEM OF TRANSPORTATION 11P010-SZ
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT vrnlTlEs
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Financial Pro ect ID: 229747-1-52-01 Federal Pro ect ID: N/A
Work Pro ram Item No. old : Count /Section No:
State Job No. old : District Document No:
THIS AGREEMENT, made and entered into this day of , year of , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT", and
the Vi 11 aqe of North Palm Beach ,hereinafter referred to as the "MAINTAINING AGENCY";
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 I'rfe.
b. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall pertorm all activities
necessary to keep the Roadway Lighting System fully and properly functioning at all times for f:s 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 lo, 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 Unitorm 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 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 public records subject to the provisions of Chapter 119, Florida Statutes.
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• 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 the Issuance of further permits to the MAINTAINING AGENCY Tor 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 until such lime 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 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 contractors
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 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 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 evacuate 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 whether to 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, 'rf 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 indemnity, 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 contractors during the performance
of the Agreement, whether director Indirect, and whether to any person or property to which FDOT 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 dudng 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 Vial 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
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 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 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.
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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 that the 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 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 mall 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 FDOT:
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.
If to the MAINTAINING AGENCY:
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• B. 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 itseH. 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.
Q 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
gy; (Signature) ~ DATE: ~ ~ }
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(Typed Name: David B. Norris Mayor )
Recommend Approval by the District Utility Office
gy; (Signature)
(Typed Name:
FDOT Legal Review
BY: (Signature)
District Counsel
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
gy; (Signature)
(Typed Name:
(Typed Title:
DATE:
DATE:
DATE:
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
gy; (Signature)
DATE:
(Typed Name:
OCT-31-2f101 1150 LHFH PRLM CITY FL 561 286 3925 P.02/02
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EXHIBIT A
The Maintaining Agency will maintain the roadway lighting along U. S. Highway No. 1 (SR 5)
from Sta. 156150 (Palmetto Road) to Sta. 177+5136 (back) =Sta. 10+11.65 (forward) to Sta.
91+00 (south of Parker Bridge), lights A-11-2G through C-11-96, as depicted on the lighting
plans for Financial Project No. 229747-1-52-O1.
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EXHIBIT `B"
• TO
ROADWAY LIGHTING SYSTEM MAIN'T'ENANCE AGREEMENT
FOR THE CITY OF NORTH PALM BEACH -
Part 5 is modified by the following:
"Notwithstanding anything contained within pazagraph 5 to the contrazy,
MAINTAINING AGENCY does not waive sovereign immunity, and recovery shall be
limited to the amounts provided in Section 768.28, Florida Statutes."
Part 5, Pazagraph 2 is modified by the following:
Delete the third sentence, "After reviewing the claim...", to the effect that FDOT will not
make the determination as to whether the MAINTAINING AGENCY has to defend the
FDOT in a claim for damages relating to this agreement.
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