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HomeMy WebLinkAbout148-FDOT-Maintenance C~t)~r T'~A~ F I C SECTION JOB SR OPERATIONS COUNTY MUNICIPALITY ~;0. NO. NO. NO. NA/4E 77010 3524 15-600 Seminole City of Sanford MAINTENANCE AGREEMENT TRAFFIC SIGNALS THIS AGREEMENT, made and entered into this /~ day of ransp , 19 '~, by and between the State of Florida ~partment ortation, an Agency of the State of Florida, heroinafter called the "Department" and the City of Sanford FLORIDA, hereinafter called the "Public Body." WITNESSETH: WHEREAS, the construction and maintenance of a traffic signal, or signals, is necessary for the safe and efficient highway transportation at the location or locations as described in Exhibit "A", attached hereto; and ~tEREAS, the Public Body, by resolution attached hereto and made a part hereof, has determined that it is in the public.interest for the Public Body to assume thl responsibility for maintenance and electrical power costs incurred in the operation of said signal installation: MOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of the premises and the mutual covenants contained heroin to be undertaken by the re- spective parties hereto, the parties and each of them, mutually agree and covenant as follows: l. That the traffic signal or signals as described in Exhibit "A", attached hereto and made a part hereof, willbe so designed that the functional design of the installation and its components will be mutually acceptable to the parties hereto, and will be installed' under Department supervision, with the actual method of construction and financing determined by the Department's policies, budget, and agreement or agreements which it.may have with this or another governmental unit relating to the financing and construction thereof. 2. That the Public Body shall, upon completion of the installation and acceptance by the parties hereto, assume the sole responsibility for the maintenance and continuous operation of said signal installation and the pay- c~nt for all costs for electricity and electrical Charges incurred in connection ~It~ the operation thereof. 3. The Public Body shall maintain the signal installation in accordance with Department policies and to a level of maintenance that will provide minimum h~z~rd to ~veF~ent of traffic. In this regard the Public Body shall record ~intenance activities relative to said traffic signal installation to a "De- p~tn~nt of Transportation Traffic Signal ~aintenance Log" or an approved equivalent log.. ~. That the'equipment shall remain the property of the Department, and it is hereby understood and agreed by the parties hereto that the Public Body may r~ve &ny component of the installed equipment for repair but the Public Body shall not, under any condition, permanently remove the main frame of the control unit ~tthout the express written permission of the Department. 5. Zt is expressly understood and agreed by the parties heFeto that the ~iring of the cabinets and the timing o~ the signals wt'll be such that the traffic ~ill be properly handled at the time of the completion of the installation of the signals. ~ecessary modifications in timing or minor circuity may be n~de by the Public Body to accommodate the changing needs of traffic but the Department re- serves the right to examine the equipment atany time, and after due consulta- tion ~ith the patties hereto, specify timing and phasing that will provide a safe ~ expeditious traffic flow in the state highway system. 6. The Public Body shall not modify the equipment to provide additional phases or intervals without written permission from the Department. 7. The Public Body hereby agrees to indemnify, defend, save and hold harm- less the Department for all claims, demands, liabilities and suits of any nature ~hGtsoevep arising out of, because of, or due to the breach of this agreer~nt by t~ Public Body, its agents or employees, or due to any act or occurrence or omission or commission of the Public 8ody, its agents or employees. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Department, or its agents or employees, for its own negligence or breach of contract. 8. Xt is mutually agreed that the Department's Director of Road Operations shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under, or by reason of this agreement, the prosecution and ful- fillment of the services hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 9. It is understood and agreed by the parties hereto that this agreement shall remain in force during the life of the originally installed equipment. and any replacement equipment installed by the mutual consent of the parties hereto, provided however that additional or replacement equipment purchased and installed wholly at the expense of the Public Body in accordance with this pro- vision shall remain the property of the Public Body. IN WITNESS WHEREOF? the parties hereto have caused these presents to be executed, the day'and year first above.written. WITNESSES: STATE OF FLORIDA 'Direc~AdministratiF ks to t.ee.t BY: Se r ;rS Approved: Approved as to fo~n, legality ~re~f.,:~.)perations and execution. tials) (~) ant Attorney EXHIBIT "A" MAINTENANCE AGREEMENT TP, AFFIC SIGNALS This Exhibit "A" forms an integral part of that certain Traffic Signals ~aintenance Agreement between the State of Florida Department of Transportation and the City of Sanford , Dated ~7 , 19~. LOCATION OF TRAFFIC SIGNAL INSTALLATIONS: STATE TRAFF I C LOCATION: ,~0~ SR OPERATIONS · NO. NO. NO. , 77010-3~524 15-600 3rd Street 20th Street ' RESOLUTION NO. RESOLUTION AUll~ORIZING THE EXECUTION OF THE TRAFFIC SIGNALS MAINTENANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF SANFORD On motion of Commissioner Julian L. Stenstrom , seconded by Commissioner John G. Morris & carried , the following resolution was adopted: W~EREAS, CITY OF SANFORD , deems it in the public (Public BOcLv) interest to maintain and pay electrical costs for the operation of traffic signal or signals described in Exhibit "A" to said agreement, and accordingly to enter into the attached agreement with the State of FlOrida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY I. That CITY OF SANFORD concurs in the provisions (Public Body) of that certain agreement attached hereto, pertaining to maintaining a traffic signal installation described'in Exhibit "A" to'that agreement. 2. That CITY OF SANFORD authorizes the (Public Body) said agreement to be executed by a legally designated officer of this Public Bod~v. STATE OF FLORIDA C0~TY OF SEMINOLE i HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by Sanford City Commission at a ~eeting held on the lOth day of April , A.D., 19 78 · and recorded in its minutes. IN WITNESS WHEREOF, I hereunto set nly hand and official seal this 17th day of April , A.D., 19 78 ·