MAINTENANCE AGREEMENT TRAFFIC SIGNALS - PINE STREET/NICHOLSON STREET/N. CORONA STREET
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COUNTY TRAFFIC
SECTION JOB SR OPERATIONS COUNTY
NO. NO. NO. NO. NAME
15000 3511 595 Pine 11 as
590
MUNI CI Pi\L iTY
Clearwater
MAINTENANCE AGREEMENT
TRAFFI C SIGNALS
THIS AGREEMENT, made and entered into this dP1jl day of
\..~iitr~uJ , 19 u.., by c;lnd between the State of Florida
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Department of Transportation, an Agency of the State of Florida, hereinafter
ca 11 ed the "Department II and the City of Cleanvater
FLORIDA, hereinafter called the "Public Body."
WIT N E SSE T H:
-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
WHEREAS, 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 the responsibility for maint€nance and electrical power costs incurred
in the operation of-said signal installation;
NOW,THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of the
premises and the mutual covenants contained herein to be undertaken by the re-
spectiveparties hereto, the parties and each of them, mutually agree and covenant
as fo 11 o\'/s :
1. That the traffic signal or signals as described in Exhibit "A" attached
hereto and made a part hereof, will be installed under Department supervision,
with the actual method of construction and ~inancing determined by the Department's
policies, budget, and agreement or agreements which it may have with this or
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another governmental unit relating to the financing and construction thereof.
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2. That the Public Body shall, upon completion of the in-
stallation, assume the sole responsibility for the maintenance and
continuous operation of said signal installation and the payment
for all costs for electricity ~nd~electrical charges incurred in
connection with 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 hazard to movement of traffic. In this
regard the Public Body shall record maintenance activities relative
to said traffic signal installation in a "Department of Transporta-
tion Traffic Signal Maintenance Log" or an approved equivalent log.'
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4. 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 remove any component of the installed
equipment for repair but the Public Body shall not, under any condi-
notion, permanently remove the equipment or any major component
thereof without the express written permission of the Department.
5. 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 properly handled at the time
of the completion of the installation of the signals. Necessary
modifications in timing or minor circuity may be made by the Public
Body to acconwodate the changing needs of traffic but the Department
reserves the right to examine the equipment at any time, and after
due consultation with the parties hereto, specify timing and phasing
that will provide a safe and expediti ~ traffic flow in the state
highway system.
6. The Public Body shall not modify the equipment to
provide additional phases or:! interv~lls without written permission
from the Department.
7. The Public Body hereby agrees to ind~nnify, defend, Silve
and hold harmless the DcpL'\l:trnent from all cl.:1ims, demands, lill-
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bilitics and suits of any nature whatsoever arising out of, be-
cause of, or due to the breach of this agreement by the Public
Body, its agents or employees, or due to any act or occurrence or
omission or commission of the Public Body, its agents or employees.
It is specifically understood and agreed that this indemnification
agreement does not cover or indemnify the Department for its own
negligence or breach of contract.
8. It 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 rea-
son of this agreement, the prosecution and fulfillment of the ser-
vices hereunder and the character, quality, amount and value there-
of i_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
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this agreement shall remain in force during the life of the
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installed equipment and any replacement equipment in-
the mutual consent of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these
to be executed, the day and year first above written.
STATE OF FLORIDJI.
DEPARTMEN!.OF TRA~SP~~~ION,
BY: /~ it/e??, ~
Directo~of AdministraW
(O1l1,* J~afu;. (SEAL)
Execu' -' e Secretary
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ATTEST:
(SEAL)
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Approved:
Di rector of
Approved as to form, legality
and execution.
JUH,30 li7t
(DATE)
b.w.
(INITIALS)
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EXHIBIT IIAII
MAINTENANCE AGREEMENT
TRAFFIC SIGNALS
This Exhibit IIAII forms an integral part of that certain Traffic Signals
Maintenance Agreement between the State of Florida Department of Transportation
and the City of Clearwater, Florida
Dated .S.Lf1:i~l1L~ j , 19--fe1
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LOCATION OF TRAFFIC SIGNAL INSTALLATIONS:
FLASHING smOOL SIGNAL
STATE
JOB
NO.
SR
NO.
TRAFFIC
OPERATIONS
NO.
LOCATION:
595
At Pine Street
15000-3511
At niche1sonStreet
North
At ~+1 Corona
590
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RESOLUTION
No. 71 - 145
RESOLUTION A UTHORIZING THE EXECUTION OF
THE .TRAFFIC SIGNALS MAINTENANCE AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION AND THE CITY OF CLEARWATER.
WHEREAS, the City of Clearwater, Florida, deems it in the public
interest to maintain and pay electrical costs for the operation of traffic signal
or signals described in Exhibit itA" to said agreement, and accordingly to
enter into the attached agreement with the State of Florida Department of
Trans porta tion;
NOW>> THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER>> FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the City of Clearwater Concurs in the provisions of that
certain agreement attached hereto, pertaining to maintaining traffic signal
installations described in Exhibit "A It to that agreement.
2. That the City of Clearwater authorizes the said agreement to
be executed by the legally designated offic,ers of this City.
PASSED AND ADOPTED this 6th day of December,.A.D. 1971.
~~ XuJt~
Acting Mayor-Commissioner
Att~~: /
~dgZ2:a/
r Cle~k
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