MAINTENANCE AGREEMENT- SECTION 15010 SR 595 AT INTERSECTION WITH HAVEN AND COURT STREETS
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COUNTY TRAFFIC
SECTION 'JOB SR OPERATIONS COUNTY MUNICIPALITY
NO. NO. NO. NO. NAME
'S~DO ',03 "NELI.AS CLEARWATER
MAINTENANCE AGREEMENT
TRAFFIC SIGNALS
THIS AGREEMENT, made and entered into this
f
~l day of
~~~
, 19 7~ , by and between the State of Florida
Department of Transportation, an Agency of the State of Florida, hereinafter
called the IIDepartmentll and the
W.I/ ., ~
FLORIDA, hereinafter called the "Publ ic Body. II
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 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 follows:
1. That the traffic signal or signals as described in Exhibit nAn, 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, 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.
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2. That the Public Body shall I upon completion of the installation arid
acceptance by the parties hereto, assume the sole-responsibility for the
maintenance and continuous operation of said signal installation and the pay-
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 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 "De-
partment of Transportation Traffic Signal Maintenance Log" or an approved
equivalent log.
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 condition, permanently remove the main frame of the control
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unit 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 accommodate the changing needs of traffic but the Departmentre-
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 equ;.pment 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, demand~, 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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omission or commission of the Publ ic 'Body, 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. It is mutually agreed that the Department's Director of Road Operations
shall decide all questions, difficuTtii!'Sam1d;'S1l'fte~ofia"y"M.'ture whatsoever
that may arise under, or by reason of this agreement, the prosecution and ful-
fi llment of the servi ces hereunder and the character, qua 1i ty ,amount and val ue
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 ~arties
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.
As lhhe.ru~c BoffJ-RA ,
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Road Operations
Approved as to form & correctness:
~~
. City Attorney.
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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BY: ' /~.M ,t/'~,~L
Director of_~dministradjn_
BY:
ATTEST:
(SEAL)
A~OVi&) BY 'SECRETARV OF TRANSPORTATlor.
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{IN11IAL~,)
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EXHIBIT "A"
MAINTENANCE AGREEMENT
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This Exhibit IIA" forms an integral part of that certain Traffic Signals
Maintenance Agreement between the State of Florida Department of Transportation
and the
Cl.tq 0' Clwu#AteJl.
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Dated ~?-l, 197'?
LOCATION OF TRAFFIC SIGNAL INSTALLATIONS:
STATE
JOB
'NO.
15000.1703
SR
NO.
TRAFFIC.
OPERATIO'NS
NO.
LOCATION:
Sc.etLoJt 150rD, SR 595 (AU. US
19 J 4t.i.t6 hlt.t..Ue.etl.olt uU.th H4\1Vl
ud COUott S.tu.dA.
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EXHIBIT "A"
MAINTENANCE AGREEMENT
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This Exhibit "All forms an integral part of that certain Traffic Signals
Maintenance Agreement between the State of Florida Department of Transportation
and the CU:zj 0& Ch~
Dated ~~ ')...( , 19'73.
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LOCATION OF TRAFFIC SIGNAL INSTALLATIONS:
STATE
JOB
,NO.
15000-1103
SR
NO.
TRAFFIC,
OPERATIO'NS
NO.
LOCATION:
S~etloJl J50'O, SR S9S (Alt. US
'9 J a.t. U:4 .l.Jt.teJl.6u.tl.oJl with H4VU
Qd. CDWLt Stuth.
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