MAINTENANCE AGREEMENT FOR TRAFFIC SIGNAL AT SR NO. S-595A AT BELLEAIR ROAD
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RECEIVED
'OCT 9 1979
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CITY CLERK.
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Form 281-10
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DATE
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October 13, 1972
MEMORANDUM,
State of Florida Department of Transportation
TO
J. Wade Noda - Comptroller
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FROM
G. B. Dobson, General Counsel
COPIES TO
Hal Conley
C. W. Monts De Oca
C' Co T'fV of €lI.~ft~~ .I:..K
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SUBJECT
TRAFFIC SIGNAL AGREEtlliNT
Section: 15570-3603
County: Pinellas
Attached are four copies of an agreement betweent the
Department and the City of Clearwater providing for
the maintenance of a traffic signal at the intersec-
tion of SR No. 5-595 A at Bellair Road in Pinellas '
County, Florida.
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Attachments
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OCT 16 19n
, TRAFFIC OPERATIONS DIVISION
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L; ':J0!JLSU L1 LS
TrairIc l.ngin~erir.g Dept.
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, COUNTY
.. . SECTI ON
NO.
15570
JOB:
NO.,
'3603
J
SR
NO.
S-595 A
TIif\FFlC
OPERATIONS
NO.
COUNTY
NA~1E
MUNICIPALITY
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PineUas
Clearwater
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MAINTENANCE AGREEMENT
TRAFFI C SI GNALS
THIS AGREEMENT, made and entered into this
. / ~ .tt'. day of .
tO~to leu )
, 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 Clearwater
FLORIDA, ,hereinafter called the "Publ ic Body. II
WIT N E S S E,T H:
WHEREAS, the construction and maintenance of a traffic signal, or signals,
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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 ~nd made a part hereof,
has determined that it is in the public interest for the Public Body to assume
the responsibility for maintenance 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-
spective parties hereto, the parties and each of them, mutually agree and covenant
as fo 11 o\'/s :
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1. That the traffic signal or signals as described in Exhibit IIA", attached
~ereto 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, and will be installed under Department suparvision, wi~h the actual method
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~of c~~struction and financing d~termined by the Department's policies, budget, and
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~agree~nt or agreements whi~h it may have with this or another governmental unit
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,-relatihg to the financing ~nd construction thereof.
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I ,,/ acceptance by the
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2.
That the Public.l3ody shall. upon completion of the installation and
parties hereto. assume the sole responsibility for the
maintenance and continuous operation of said signal installation and the pay-
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ment for all costs for electricity and 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 th~t 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 "De-
partment of Transportation Traffic Signal ~1aintenance log" or an approved
equivalent log.
4. That the equipment shall remain the propertyof 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
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shall not, under any condition, permanently remove the main frame of the control
unjt.without the express written permission of the Department.
--. ,'5; It is expressly understood and agreed by the parUes 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 maybe made by the
Public Body to accommodate the changing needs of traffic but the Department re-
serves the right to examine the equipment at any time, and after due consulta-
tion with the parties hereto, specify timing and phasing that will provide a safe
and expeditious traffic flow in the state highway system.
6. .The Public Body shall not modify the equipment to provide additional
. phases or intervals withcut 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
whatsoever arising out of, because 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
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/i 55 ion orcommi s s i on of the Pub 1 i c Body, its agents or employees. It is
/lspecifical1Y understood and agreed that this indemnification agreement does
not cover ~r ind.emnify the Department,or its agents-or employees,'for its own
,/ negl igence: 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 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 installe~ equipment
and any replacement equipment installed by the mutual consent 'Of the parties
hereto, provided however that additional or replacement e~utpment purchased and
,installed wholly at the expense of the Public Body in~accordancewith this pro-
vision shall remain the property of the Publ ic Body.
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IN WITNESS WHEREOF, the parties hereto have
.f~ exec~ted. the day and year first .above written.
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~ITNESSES :
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caused these presents to be
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STATE OF FLORIDA
DEPARTJ4ENT ,OF TRANS~OR~T1PN
BY: /~W~r~
Director of Administrat~
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(SEAL)
BY:
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I PUBLIC BODY .'
. . CITY OF;r..,!6-PypWATER, FLORIDA
BY: ~
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Title: cif l.Rfana e ~
'ATTEST: ' LP~/(SEAL)
S 2 1972
AS~~(;dye. ~
Approved:
Director of Road Operations
1(~:.8 .
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/0 /'3' /71,../
· (Date)
^pproved as to form, legality
and execution.
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X~Xs4.xIIDCL\1.'{roXiKy
City Attorney
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APPROVED BY SECRETARY OF TRANSPORl"TION
FER i 7 is,?
(LJA T I:.)
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EXHIBIT "All
MAINTENANCE AGREEHENT
TRAFFIC SIGNALS
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This Exhibit "A" forms an integral part of that certain Traffic Signals
Maintenanc~ Agreement between the, State of Flor~d~ Department of Transportation
and the
City of Clearwater~ Florida
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Dated &c.to Iuv J:;;. , 191&..
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LOCATION OF TRAFFIC SIGNAL INSTALLATIONS:
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STATE
JOB
'NO.
15570-3603
SR
NO.
S-595 A
TRAFF I C
_ OPERATIONS
NO.
LOCATION:
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at Bella;r Road
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RES 0 L U TI 0 N
No. 72 - 115
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RESOLUTION AUTHORIZING THE EXECUTION OF THE
TRAFFIC SIGNALS MAINTENANCE AGREEMENT BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPQRTATION
AND THE CITY OF CLEARWATER, FLORIDA.
WHEREAS, the City of Clearwater, Florida, deems it in the public
interest to maintain and pay electrical costs for the operation of traffic signal
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or signals described in Exhibit "A" to' s~id agreement, and accordingly to' enter
into the attached agreement with the State of Florida Department of Transportation;
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 conc~rs in the provisions of that certain
agreement attached hereto, pertaining to maintaining.a traffic' signal installation
described in Exhibit "A" to that agreement at Belleair Road.
z. That the City of Clearwater authorizes th~' said agreement to be
e~ecuted by the proper officials of the City.
PASSED AND ADOPTED this
day 'of September, A.D. 1972.
18th
, /s/ H. Everett Hougen
Mayor-Commissioner
Atte st:
Is/ R. G. Whitehead
City 'Clerk
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1. R. G. Whitehead, duly appointed City Clcr)<: of the City of
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Clearwater J Florida, c~rtify the foregoing to be a true and correct
copy of Resolution No. 72-115
adopted by the City Conp~i~sion on
the
18th
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day of
September
J A. D. 19 72
W.itness my hand and the seal of the city of Cleal'water,
19th day of
September
J ~. D. 19 72
this
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City Clerk
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