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234-FDOT-Traffic Signal FORM 1 COUNTY TRAFFIC SECTION JOB SR OPERATIONS COUNTY NO. NO. NO. NO. NAME MUNICIPALITY 77040 3512 46 Seminole Sanford TRAFFIC SIGNAL AGREEMENT (FLASHING BEACONS) -. /~ THIS AGREEMENT, made and entered into this I day of ~~ , 19~, by and between the State of Florida Department of Transportation, an Agency of the State of Florida, hereinafter 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 safe and efficient highway transportation at the location or locations as described in Exhibit "A", attached hereto; and W~EREAS, 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 maintain and operate signal installations along the State Highway System. NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, the parties and each of them, mutually agree and covenant as follows: 1. That the traffic signal or signals at the locations described in Exhibit "A", attached hereto and made a part hereof, will be so designed that the functional design of the installation and its components will be mutually acceptable to the parties hereto. 2. When installation of the traffic signal(s} is to be performed by either the Public Body o'r uhder the supervision of the Department, the construction and/or installation shall not endanger travel along the roadways involved and all operations shall be conducted in accord with the Manual on Traffic Control and Safe Practices (Part VI) as published by the D.O.T. 3. Upon completion of the installation and in the case of construction contracts, its conditional acceptance, the Public Body shall undertake the maintenance and continuous operation of said signal installation(s} and the payment for all costs for electricity and electrical charges incurred in connection with the operation thereof. 4. The Public Body shall maintain the signal installation in accordance with Department policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this regard the Public Body shall record maintenance activities relative to said traffic signal installation to a .. "Department of Transportation Traffic Signal Maintenance Log" or an approved equivalent log. 5. It is hereby understood and agreed by the parties hereto that the Public Body may remove any component of the installed equipment for repair, however, major permanent modifications and equipment replacements shall not be made by either party without appropriate coordination with the other party. 6. It is expressly understood and agreed by the parties hereto that the wiring of the cabinets and the timing of the signals will be such that the traffic will be properiy'handled at the time of the completion of the installation of the signals. Necessary modifications in timing or minor circuitry may be made by the Public Body to accomn~date the changing needs of traffic, but the Department reserves the right to examine the equipment any time, and after due consultation with the parties hereto, specify timing and phasing that will provide a safe and expeditious traffic flow in the State Highway System. If modification in timing and the circuitry or phasing is specified by the Department, implementation of such modifications shall be coordinated through the Public Body. 7. The Public Body shall not modify the equipment to provide additional phases or intervals without written permission from the Department and the Department shall not modify the equipment without written acknowledgement from the Public Body. 8. Each party does hereby indemnify and hold harmless the other from all liability, claims and judgement {including attorney~s fees} arising out of work undertaken by such party pursuant to this agreement, or due to the negligent acts or omissions of such party, its contractors, subcontractors, employees, agents or representatives, respectively, except as otherwise covered by bonds or insurance. g. The (local agency} hereby agrees to indemnify, defend, save and hold ~armless any Joint pole owners from all claims, demands, liabilities and suits for bodily injuries or death to persons or damage to property resulting in connection with the performance of the described work by (local agency}, its subcontractors, agents or employees. This indemnification shall not exceed the sum of $1,000,000 for bodily injury or death of persons for any one occurrence or $300,000 for property damage for any one occurrence where such amounts are in accord wi{h applicable law. 10. 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 replace- ment equipment installed by the mutual consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA · DEPARTMENT OF TRANSPORTATION PUBLIC BODY TITLE: Mayor TITLE: City Clerk RECOMMENDED FOR APPROVAL: D.O.T. FISCAL APPROVED APPROVED AS~ORM, LEGALITY .& · · · Orney " EXHIBIT "A" MAINrE/~REtMENT TRA~-~-iC SIGNALS ( FLASHING BEACONS) This E~hibit "A" forn~s an inte~reLl pa~t of that cer'cain Treffic SlEds Maintenance/~L~enent between the State of FloPida Dep~,'b~ent of Trenspcnvcation and the City of Sanford LOCATION OF TI~'k'IC SIGNAL INSTAt.rATIONS: STA~1~ , TRAFF I C I/]CATI ON: JOB SR OPERATIONS NO. NO. NO. 77040-3512 46 Me]]0nvi]]e Avenue RESOLUTION NO. 1419 RESOLUTION AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNAL AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARll~ENT OF TRANSPORTATION AND the City of Sanford On motion of CorexLissioner NLilton E. Sr~Lith , seconded by Ccfmtissioner ]3avid T. Farr , the following ~eso]ution was adopted; WHEREAS, CITY OF SANFOPd) , deems it in the public (Public Body) interest to provide for the operation of certain traffic signals on the State Highway System within CITY OF SANFORD , and to enter (Jurisdiction) into th~ attached agreement with the State of Florida, Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY l. That' CITY_OF S/~qFORD concurs in the provisions (Public Body) of that certain agreement attached hereto, pertaining to the design, installa- tion, operation and maintenance of a traffic signal installation decribed in Exhibit "A" to that agreement. 2. That CITY OF SANFORD authorizes the said agreement (Public Body) to be executed by a legally designated officer of this Public Body. STATE OF FLORIDA COUNTY OF S]~vIINC)LE I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by Sanford City CcmTnission at a meeting held on the 9th day of September , A.D., 19 85, and recorded in its minutes. IN WITNESS WHEREOF, I hereunto set my hand and official sea] this 13th day of September , A.D., ]9 85 .