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MAINTENANCE AGREEMENT COURT STREET REALIGHNMENT FROM SR 595 TO GARDEN AVENUE '. . . , I 1 COUNTY TRAFFIC' SECTION JOB SR OPERATIONS .COUNTY MUNICIPALITY NO. . NO. NO. NO. NAME 15000 3703 Pht~ CleaJrWa.teJL JOINT PROJECT AGREEMENT TRAFFIC OPERATIONS PROJECT ,.,r THIS AGREEMENT, made and entered into this ~\ day of ~~~ , 19 73 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida, hereinafter ca 11 ed the IIDepartment II and the CU:.yo6ctwrwa.tVt FLORIDA, hereinafter called the IIPub1ic Body.1I W I TN E SSE T H: WHEREAS, the undertaking of a traffic operations project, hereinafter referred to as the IIProject,1I is necessary for the safe and efficient highway transportation at the location or locations as described in Exhibit IIA,II 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 participate in the cost of said Project to the extent specified in the Department's policy. 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. The Department shall be responsible for the preparation of plans and specifications, securing necessary equipment and materials, con- struction of the project including installation of equipment, supervision of construction and installation, and inspection of the completed project at those locations shown in Exhibit IIAII attac'1ed hereto and made a part hereof. The Department may at its own discretion either purchase the equipment and materials I I I 1 ~, I ~'-~":\"'"~""".>~ ~_""":' ~.-_O:',,:__':'"':'",~''': -~~','.".,,~.,,~ ..........;~;'>>,...:..",'~'.r:~.,:~:>,:"'~A~.:.;..:i:..\;'~ '::":..:",:,.;-..,-,,, "', ....,Ji:.,.,\!._,_~ ",,-.~,.'; ,-"~~,;;,'..i~.(~':',-.....:,;_ ",'-~ ~"'''''',~,-:" '..I:~".';1':"" ~'~.:." ~... '- ::::-_~~:~~~;..~~=:"~:~~ "v~.:-':~J;~;~~~-,~~; " ,:=~':~:j:::'.:..:7'-,~~; ,:',.~~.,";"~~",;..,.,.',,.-7~:---. and install the same with its own forces, contract with a responsible con- tractor or contractors to provide all the materials and labor for the com- pleted Project, or if so specified in Exhibit "A" of this agreement, the Department will purchase all the equipment and materials listed in said exhibit and the Public Body wi lla.tltsDwne.xpense. install sa i dequi p- ment and materials to the satisfaction of the Department. 2. The type and make of equipment or materials purchased or in- stalled will be at the Department1s discretion but the Department will pro- vide equipment and materials that are compatible with any other equipment with which said equipment must operate asa system and will insofar as practical, honor requests by the Public Body relative to specific types or makes of equipment or materials. 3. The Public Body shall pay to the Department that prorate share of all of the total costs incurred by the Department on the Project as speci- fied in Exhibit IIA,II The public body will deposit with the Department its prorata share of the costs of any phase of the Project as listed in Exhibit IIAII prior to the commencement of any work or the allocation of any funds for the particular phase of work. 4. The Department will schedule the Project for completion at the earliest practical date. 5. The Public Body hereby agrees to indemnify, defend, save and hold harmless the Department from 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 omission of commission of the Public Body, its agents or employees. It is spedfi ca lly understood and agreed that thi s indemnification agreement does not cover or indemnify the Department for its one negligence or ~reac~ o~ contrac:. " , -~ ~, , -::=::..:::==- '~-:-__...;= ,~:~,~:=~..:,.:: ::~: ~' =,..,....,;;.T:;;,;,;i'1.1..p.iflfri~2iTf1t""1'~~",.:..1""bnrif1!m-lillI'~ '> ,'" ,: _:_," '" . _"h " .':!. ,. ~_~~;~, ,..., ;', ':;;:" ,',," c. . "',-' ._.......~~;J-.;;,......~.,..,...........,-,: 'R ,i..l..u.,...;......, -llT....... . *"~.'~...^~.~,_,..,;,,,-",,_-..,,~.,....,,,,~;.~~:.......,.., J.i.....~,;;.4,,,,4'.).........-""-....~._....,...-,~~..~)j,.,'-.-~~ ' - ., 'I .. " I" 6. It is mutually agreed that the Department's Director of Road Operations shall decide all questions, difficulties and dis- putes of any nature whatsoever that may arise under, or by reason of this agreement, the p,rosecution and fulfillment of the service 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. IN WITNESS WHEREOF, the parties hereto have caused these . presents to be executed, the day and year first above written. . W, IT., N,E,~, s: ,',',' .', , _ I . '~1ddG Road Operations cr /I, ~/7J, ' Da te ) APPROVED I3Y SECRETARY OF T1V.NSPORTATION J UL2lt1!7~ J)tAJ (DATE) "(INIlIAL::i) STATR OF FLORIDA DEPARTMENT OFTRAN~,SP" AT, ION ~ /;/ ""~ BY:' /~ tA/e l/"~ Di rector of Admi ni stra, on -- (SEAL) ~ (SEAL) ATTEST: O[~ q_11-1'3 _~ ~ _ ,"',"%f_,W.''<''_,,'r' h, ,;"",~--',"'J"<~')'!":..,,;s"~ ~~:"':'""""" ~ ".~.:!: 1.. ~~~~1," '_"~""'~"'''' ~;~-:'3 f.,-,'_:::-, !:!"~"I~~" -:"~,,,,~k..:i1;':' ~!,,;;::.;a':-.I~,!.,_..............~~.,-;.~'o/,t-,;:r ;-,7, 't"'~,~;;~-,:~:,~ ~~, , ~ I~ __, If I , EXHIBIT "A" JOINT PROJECT AGREEMENT TRAFFIC OPERATIONS PROJECT This Exhibit IIAII forms an integral part of that certain traffic operations project agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND the Ci..:tIj 06 CleaJrWa.tvr. Dated ~,-"'1...\ , 19 73 . Project: ... l STATE JOB NO. SR NO. TRAFFIC OPERATIONS NO. LOCATION: 15000-3103 CoUlLt S.tltt.e.t JLe.a.U.gtune.n:t 6Jwm S'R 595 ( f;(;. HtWLi60n Ave.nu.e.) i:D Ga.Ju:l.en. Ave.nue.. The Public Body (~""I.) (will not) install equipment and materials at its own expense. If installation is performed by the Public Body, the Depart- ment will provide under terms of this agreement the following equipment and mated a 1 s : COST PARTICIPATION BY THE PUBLIC BODY: The Public Body will, in accordance with Para. 3 Of this agreement, pay the foll owing percentages of the tota 1 costs incurred by the Department on each of the fo Howi ng phases of work of the project; Phase of Work Estimated Cost to be Incurred by Department_ \ ' Percent of Total Cost Incurred by Department to be paid by Public . Body from (local). ( S.. 1 1... ~ )(. . 1 ) Funds Estimated Cost to Public Body Preliminary Engineering R/W Acquisition Alternate I (Use if. Const. is by Department) Construction & Supervision $~~!.~~~:.~~- 50% $21,500.00 Alternate II (Use if Const. is by Public Body) I Materials & Supervision ---------- I -----------~.-------~-- ---------- I