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HomeMy WebLinkAboutExhibit 7STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525.016-40 PROJECT MANAGEMENT OFFICE MOO Page EXHIBIT "R" ADVANCE PROJECT REIMBURSEMENT Paragraph 2.02, second and third sentences are deleted and the following substituted: This Agreement shall continue in effect and be binding on all parties until ,the project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the Department. Paragraph 7.00, first sentence is deleted and the following substituted: The Department agrees to reimburse the Agency in accordance with Section 339.12, Florida Statutes, an amount not to exceed the total cost specified in paragraph 3.01 beginning in the Department's Fiscal Year . If the funding is from the Federal Highway Administration (FHWA), the payment will be made in a lump sum in the year(s) the project is scheduled in the Department's Work Program as of the date of this Agreement. If the FHWA funding is programmed in the Department's Adopted Work Program over a multi -year period, an annual amount equal to the amount programmed will be reimbursed in each of these years. If the project is for resurfacing, is estimated over $2,000,000 and is state -funded, payments will be made in 6 equal quarterly payments beginning in the year the project was originally programmed. For all other state -funded construction contracts estimated over $2,000,000, payments will be made in 10 equal quarterly payments beginning in the year the project was originally programmed. All payments will be made in accordance with paragraph 6.00 of this Agreement. If there is a required local match of the non-federal share, the reimbursement will be reduced by the required amount. The Department further agrees to request appropriation of said amounts from the Legislature prior to each fiscal year in question. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08106 Pape EXHIBIT "RL" ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) Paragraph 13.14 is expanded by the following: 1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and Compensation Agreement. b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g., high mast, standard, under deck, 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 not 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 the locating (both vertically and horizontally) of 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 (MUTCD); and (2) All other applicable local, state or federal laws, rules, resolutions or ordinances and Department procedures. 2. Record Keeping The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in such format as is approved by the Department. 3. Default In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided that at no time shall the Department be entitled to receive double recovery of damages: a) Pursue a claim for damages suffered by the Department or the public. b) Pursue any other remedies legally available. c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non-performance within 14 calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions in the event of an emergency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "RL" (continued) ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) 525-010-40 PROJECT MANAGEMENT OFFICE 0B4O6 Page 4. Force Majeure Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit 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 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. 5. Miscellaneous a) The parties understand and agree that the Department 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 Agency and the Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures will be provided to the Agency upon request. b) Time is of the essence in the performance of all obligations under this RLMA.