MAINTENANT AGREEMENT TRAFFIC SIGNALS U.S. 19 AT SUNSENT POINT ROAD
I t
Department of Transportation
REUBIN 0'0, ASKEW
GOVERNOR
TOM WEBB, JR,
SECRETARY
P. O. dox 1249
Bartow, Florida 33330
iiarch 12, 1976
fAr, R. G, ;'ih itehead, Ci-IC
Ci ty Clerk
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33518
ke: Project ~o. 15150-3903
S. K. ~S at S-~U8
Pinell as County
Dear ilr. ~Jhiteilead:
Please find attacl'led the fully executed Traffic Signal fiaintenance
Agreelilent on the above referenced project, for your further handl i ng.
This agreement is bet\'/een the liepartment and the City of ClearvJater.
If we may be of any further assistance, please advise.
Very truly yours,
9J..,. w A~r
John 1'1. Starling
o IS TRI CT TfViFF IC OPEi<A nOI,s l)EPAr~ THEllT
J~~S/vpl
Att.
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MAINTENANCE AGREEMENT
TRAFFIC SIGNALS
THIS AGREEMENT, made and entered into this
1,#1; da.y of
~.
of Transportation, an Agency of the State of Florida, hereinafter called the
, 19.2!P-, by and between the State of Florida Department
"Departmenttl and the CITY OF CLEARWATER, FLORIDA, hereina::ter called
the "Public Bodytl;
WITNESSETH:
WHEREAS, the construction and maintenance of a traffic sig:1.al, or
signals, is necessary for the safe and efficient highway transportati')n at the
location or locations as described in Exhibit tlA", 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 electr.ical power costs
incurred in the operation of said signal installation;
NOW, THEREFORE, in consic.eration of the premises and the mutual
covenants contained herein to be undertaken by the respective parties hereto,
the parties and each of thenl, Dlutually agr-::e ar.d covenant as follow:>:
1. That the traffic signal or si6nals as described in Exhibit tlA", a;;~ac:,led
hereto and made a part hereof, will be so designed that the functional desig1 n:..
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' fl policies,
budget, and agreement or agreements which it may have with this or another
governmental unit relating to the financing and construction thereof.
2. That the Public Body shall, upon completion of the instal]ation and
acceptance by th(~ partie s hereto, as Sl.l1Tte th~solE:re Eiponsibilityfor the
maintenance and continuous operation of said signal installation and the pay-
ment for all costs for electricity and electrical charges incurred in G:onnection
with the operation thereof.
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3. The Public Body shall maintain the signal installation in accordance
with Department policies and to a level of maintenance that will proyide minimum
hazard to movement of traffic. In this regard the Public Body shall record
maintenance activitie s relative to said traffic signal installation to a.
"Department of Transportation Traffic Signal Maintenance Log" or an approved
equivalent log.
4. That the quipment 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 install.ed equipment for repair but the
Public Body shall not, under any condition, permanently remove the main
frame of the control 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 cabinet& and the timing of the signals will be such that the traf':k
will be properly handled at the time of the completion of the installation 0,;:
the signals. Necessary modifications in tirning or minor circuiting may be
rnade by the Public Body to accorrllr.ccatc the changing needs of traffic but the
Department reserves the right to eX~tn'line the equipn'lcnt at any time, and after
due consultation with the parties hereto, specify tirning and phasing that will
provide a safe and expeciitious traifi c flO\N in the state highway system. ,
6. The P'..::.blic 3o(~y s~":;dlllO;: Ll.ocify the equipn1cnt to provid~ additional
phases or intervals without written pennission from the Department.
7. The Public Body hereby agrees to indemnify, defend, save and
hold harmles s the Department for all claims, demands, liabilitie s a::ld suits
of any nature whatsoever arising out of, because of, or due to the breach of
this agreem,ent by the Public Body, its agents or employees, or due to any
act or occurrence or omission or commission of the Public Body, it:, agents
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or employees. It is specifically understood and agreed that this indE mnification
agreement does not cover or indemnify the Department, or its agent!) or
employees, for its own negligence or breach of contract.
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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 fulfillment of the services hereunder and the character, quality, amoput a~ld
value thereof; and his decision upon allc1aims, questions and disputes shal~ b,,~
final and conclusive upon the parties hereto.
9. It is understood and agreed by the parties hereto that this agreelnent
shall remain in force during the life of the originally installed equiplnent and
any replacement equipment installed by the mutual consent of the parties hereto,
provided however that additional or replacement equipment purchased and
installed wholly at the expense of the Public Body in accordance with this
provision 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 fir st above written.
STATE OF FLORIDA
DEPART~ENT OF :%SPORTATION
By .1~~~~n
By
I
SEAL)
L~ ,~~~
~4 e~
As to the P~BOdY
By
BODY
CLEAR W ATEE, FLORIDA
Countersigned:
Atte st:
rL~L'~
~..-c~//~/
Mayor-Commis sioner
~City Clerk
rectness:
Approved:
Approved as to form, legality
and execution.
APPROVED BY SECRETARY OF T~HN"P("\RTATION
~:t~2...Y.-7 (, ~
(DAn) (lI'iIIlALi) J
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EXIIII3IT "A"
MA1fJTENANCE AGl~[[f.1CNT
TRAr-n C SI G:MLS
Th-U Ex.hibU "A" nOll.m6 an ,{J1t(1gI1aJ:. p([Ii-L (J 6 .tJj(lJ c.('..'zla-tJ1 TMLb 6.Lc. S.t9J1a.~6
Mahltc.nanc.c. Aghc.c.mc.JJX be.;u.lJc.c.n tIt c. Sta;tc. (16 Fto!(..{.drL Dt'.):-lur..tme.nt 06 TILan6 pO/L.t.mol1
and .the
City of Clearwater
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Vated~. /7 f-I?/ , 19 7tP .
LOCATIOt'll OF TRr'\FFIC SIG.''.JAL IfJSTAUAT1cWS:
STATE
JOB
NO.
15150-3903
SR
NO.
TT?.I\FFT C
OFERAnOfJS
NO.
LOCATIO;'.!:
55
SR 55 (us 19) at SR S-588 (Sunset Point Rd.),
.
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RESOLUTION
No. 75,. 161
WHEREAS, the Department of Transportation intends to install a new
traffic signal at U. S. 19 and Sunset Point Road, in the City of Clearwater; and
WHEREAS, the City of Clearwater finds that it would be in thepubJ ie
interest to assume the function of maintaining and paying electrical costs fo',
the operation of the traffic signal or signals to be erected by the De:?artme:nt
of Transportation pursuant to an agreement that they have submitted to the
City of Clearwater;
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 Commis sion of the City of Clearwater concurs in
the provisions contained in a traffic signal and maintenance agreement submitted
to the City of Clearwater by the Department of Transportation which agreement,
a copy of which is attached hereto as Exhibit A, relates to the maintenance of
traffic signal or signals to be installed by the Department of Transportation
at U. S. 19 and Sunset Point Road in the City of Clearwater, Floridc~.
2. That the appropriate officials of the City of Clearwater are hereby
authorized to execute the agreement, a copy of which is attached hereto as
Exhibit A.
PASSED AND ADOPTED this
18th
day of December, A. D. 1975.
Attest:
I s I Gabriel Cazares
Mayor-Commis siOIler
Is / R. G.Whitehead
City Clerk
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1. R. G. WHITEHEAD, duly appointed City Clerk of the City of
Clearwater, Florida, certify the foregoing to be a true and correct
copy 01 Resolution No.
75 - 161adopted by the City Commis s ion on
the
18th
December
A.D. 197 5 .
day of
Witness my nand a'1.~ the seal of the City of Clearwater,
this 6th
January
A.D. 1976 .
da y of
~/
, .., City Clerk
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