22-3311 FDOT Memorandum of Agreement fpr State Hwy Maintenance

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DocuSign Envelope ID: 52DO9114-C692-4147-B8E3-BEOB8F63467B b) Standard I'lans, current edition, which by reference hereto shall become a part hereof. 3) The LOCAL GOVERNMENT shall be responsible for monitoring maintenance operations and the maintenance of' traffic ("MOT") throughout the term of the Agreement in accordance with the latest edition of FDOT Standard Specifications, Section 102. The LOCAL GOVERNMENT is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of .FDOT Standard Plans, Index 102-600 series. 4) The DEPARTMENT may, at its discretion, perform periodic inspections of any or all locations. If it is determined that any of the roadway features defined in EXHIBIT "C" are not being maintained as required by this Agreement, the DEPARTMENT will issue a notice of such deficiency to the LOCAL GOVERNMENT's point of contact by email or certified mail. The LOCAL.. GOVERNMENT shall have thirty (30) days to correct the deficiency (les) and to notify the DEPARTMENT by email or certified mail, that the deficiency (les) has been corrected. If said deficiency or deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: a) Maintain the roadway features declared deficient with the DEPARTMENT or DEPARTMENT Contractor's material, equipment and personnel. The actual cost for such work will be deducted from payment to the LOCAL GOVERNMENT; or b) "Terminate this Agreement in accordance with the provisions of this Agreement. 5) In the event of a Governor Declared Emergency, a natural disaster or significant occurrence (hurricane, tornado, vehicle accident, hazardous waste spills, etc.) the LOCAL GOVERNMENT and the DEPARTMENT will cooperate and coordinate the use of their respective resources to provide for clean Lip, removal, and disposal of debris or other substances from the DEPARTMENT's right of way described in EXHIBIT "I3" or any amended limits mutually agreed upon in writing by both parties hereto. The DEPARTMENT will not deduct any payment to the LOCAL GOVERNMENT, costs for impairment of performance of any activity or part thereof defined in EXHIBIT "C", as a result of such event and the redirection of LOCAL GOVERNMENT forces towards fulfillment of the responsibility under this article. This paragraph shall not be interpreted to reduce the LOCAL GOVERNMENT's right to compensation or reimbursement from any other sources (i.e.: FEMA) for the debris removal or other activities of the LOCAL GOVERNMENT subsequent to a natural disaster or accident. 6) During the term of this Agreement, the DEPARTMENT may from time to time engage in transportation projects on the roads covered by this Agreement. Some of these projects may involve the DEPARTMENT's construction contractor temporarily assuming maintenance responsibility for the limits of the project. In that event, the DEPARTMENT will notify the LOCAL GOVERNMENTof the limits of the project and the time frame for that project. During that time and for those limits, the LOCAL. GOVERNMENT may be released from its obligation to perform maintenance on those roads and the compensation to be paid under this Agreement may be reduced for the duration of the construction project. The reduction in compensation shall be based on the formula used to initially compute the amount of compensation under this Agreement. The LOCAL GOVERNMENT will be notified of the amount of the reduction as part of the aforementioned notice. CONTRACT NO.: ASP02 FINANCIAL PROJECT NO.: 244549-I-78-03 2