MAINTENANCE & OPEREATION AGREEMENT/RESOLUTION 79-25
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Department of
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Transportation
BOB GRAHAM
GOVERNOR
WilLIAM N. ROSE
SECRETARY
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P. O. Box 1249
Bartow, FL 33830
May 14, 1979
MAY 15 1979
(;nX~LE~
Ms. Lucille Williams
City Clerk - City of Clearwater
P. O. Box 4748
Clearwater, FL 33518
RE: Traffic Signal Agreement
Section 15020-3522
Alt. 19 @ 1. Drew St.
2. Seminole St.
3. Sunset Point Road
Dear Ms. Williams:
Enclosed please find an executed copy of a Traffic Signal Agreement
between the Florida Department of Transportation and the City of
Clearwater for your files.
Sincerely,
DISTRICT TRAFFIC OPERATIONS
{l~ e W~
Charles E. Wood
CEW/bjm
Enclosure
cc: District Maintenance Office (Part "c" Only)
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TRAFFIC SIG.'lAL P.GREfrO'T
'I'ffiS }..GREEJIDIT, made and entered into t.;is 1.4 day of
---_ __.. _ .. .,.: ?~ ,19 .11., by _~ between the State of norida Department
of Transportation, an agency of the State of norida,' herein called the "tepartrrentll,
and thp ("I". tI, ,., ~ ('1 t:Jn""',~I"J+!.)VI
, ncrida, herein called the "Public Ecdy".
WITNESSEl'H :
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WHEREAS, the construction, maintenance, and operation of a traffic signal, or
s:ignals, are necessary for safe and efficient highway transportation at certain lcca-
t:i.ons along the State Highway System, and
WHERE.AS, the tepartment proposes that certain existing and proposed traffic
~::.:....-signals and signal systems are to be mairitained and operated along the State F.igrrway
System. and shall maintain an approved list of such s~..als ~d systems, and
WHEREAS, the Public Body, by Resolution, attached hereto and made a pa..'"'t hereof,
and the Department, by this J\..gree:nent, have determined tr.at it is :in the public i....lte-"'est
f~ the Public Body to znaj:rtai.n and operate signal insta1laticns, along the State
Highway Systen.
NCW, .'IHEREl-ORE, in consideration of the premises and the m1..rtua.l cover...a.nts contained
herein to be t.mdertaken by the zespective parties hereto, the parties mutually agree a..'"'ld
covenant as fol.lcws:
1. When the District Traffic Operations Engineer of t"1e Depa.'t""tJnent has served a
request order on the Public Body, and the designated officer of the Public EDdy r,amed
in the Resolution to ~ this agreenent has favorably a.ckr.owledged the 'order, t.'1e
Public Body shall undertake the maintenance and operation of such signa.1ized inte-""'Sectiors
,..,. ~ ."and i.Di:ercoDDected .systems of..sig:na.1.i.ze intersections as are included in the order and
";'.~E.in accord wi:th the T:'llm1i'l l:DVEnaI1ts contained in this agreenent.
. 2. '!he traffic signal or si.gnaJ.s as desc:riJ::ed in the approved and ackrawledged
ord~ will be so designed that the signal operation is as energy efficient as possible
and in consideration of a design review by the Public Body and, when installation of the.
traffic signalCs) is to be perfo~ by either the Public Body or unde:- the s1..~rvision
of the Department, t.'I-].e construction ar.d.l or installa:tion shall not er.danger travel along
the I'Oaavays involved and all operations shall be conducted in accord with the ~.anual on
Traffic Controls and Safe Practices (Part VI) as -published by the D.O.T.
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3. .~~n the ~arlPletibnlof th:e installa'ti~n and' in the. cJ.se of construction
Oil.t;r'aCts) its conditiol".al acceptance, the Public Body sr.all asst...-ne continuous resI=On-
sibility for the maintenance and continuous operation of said signal installation(s))
and the payment for all costs for electricity and electrical charges inc\J!'I'ed in
connection with the operation thereof.
4. The Public Body shall mam1:abl the signal installation in accordance with
Department policies and to a level of maintenance that will provide minimum hazard to
movement or traffic. In this regard, the Public Body shall record maintenance activities
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relative to said traffic signaJ. instal.lation on a nte~t of Transportation, Traffic
Signal Maintenance log" or an approved equivalent log..
S. The equipnent shall remain the property of the Department; and the Public
~ fray reneve any co:nponents of the iIlstalled. equipnent for repair but shall not,
under any condition, permanently remove the main frame of the <;:ontrol 1.IDit without the
express ~vritten peImiss:Lon of the Department.
6. It is expressly understood and agreed by the parties hereto that the wirir.g
of the cabinets and the timing of the s:ignals will be suc.'I1 t'1at traffic will be properly
handled at the time of the c:x:mp1eti.on of the installation of the signals. Necessary
modifications in timing or minor c:ircuitry may be made by the Public Body to accc:mr.odate
the changing needs of traffic, but the I:epartnent reserves the right to ex.:.-rnine t'1e
equipne."1,t at any time and ,a..~er COI'.sul tarion with the parties he...""'Eto, the Dep~ <truent
may specify "timing and phasing that will provide a safe and expeditious traffic floo'l L"'1
the State ~'1way System. If mcd:i.fication in tirn:ing and t~e c:ircui tiy or phasing is
specified by the I:epart:ment, implementation of such modifications shall be coordi.l'lated
through the Public Body.
7. The Public Body shall n:rt lIXXiify the equipr.ent to provide addi. tional: phases
or :intervals without written pen:n.i.ssion fran the tepartment, and the Department shall
not modify the equipnent without written acknowledgement fixm the Public Ecdy.
8. It is mutually agreed that the Department's Director of Fca.d Operations) after
CXlI1SuJ:tation with officials of the Public Body, shall decide all questions, difficulties
and disputes of arfj nature whatsoever that' may arise under or by reaso:Q of this
Agreanent, the prosecution and fulfillment of the services he....-etmder and the character,
quali. ty, aImunt and value the....-eof.
9. It is unde...~tood and agreed by the parties hereto ~t'this Agreenent shall
remain in force during t.~e life of the original installed equipr.ent cmdl or any replace-
ment equipnent installed ~1ith the mut:ual conse."1t of the p3rties hereto (life mea."'1ing
lx>th the Department and the Public Body agree that the equipnent is mai.I}ta.i.nable to a
,c~so:-Jdb~e level); Pt'Ovide<} hcw6ver, tpat atidi.tional Or'I'eltacement equipment purchased
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and installed, whOlly at the expense of the Public Body for whicb. it is rot being reim-
bu.'rsed by the Department, shall remain the prop:rty of t,e Public Bcdy'-
10. '!he Public Body hereby agrees to indannify, defend, save, and hold harmless t,e
Department for all claims, demands, liabilities and suits of aIrj nature whatsoev~ arisir.g
out of, because of, or due to the breacl1. of this agreement by the Public Bcdy , its
agents or enployees, or due to aIrj act or occurrence or anission or ccmnission of the
Public Bcdy , its agents or eIIq?loyees. It is specifically understood and agreed that
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this indemnification agreement eaes not cover or i.ndernni.fy ~e Department, or its age."1ts
or enployees, for its cwn negligence or breach of cond'act.
m WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the ~ and YeaI' first above written.
STATE OF FLORInt..
DEPARI'dENT OF TR.'"l~SPORTATICN
By:~ ,&~~~
D f Adrnini.sLrat~on .
By: ~ ~~eal)
Executive Se _tary
~R~
Mayor- Commis sioner
PUBUC
CITY
By:
orrectnes s:
Title: City Ma ' ager
Attest: ~u'uc.-L.t;~~, =-...
City Clerk
(Seal)
Approved as to form, legality and
execution.
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crnr'CtL'ERK
RESOLUTION
No. 79 - 25
A RESOLUTION AUTHORIZING THE EXECUTION OF
A MASTER TRAFFIC SIGNAL AGREEMENT BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANS-
PORTATION AND THE CITY OF CLEARWATER.
WHEREAS, the City of Clearwater deems it in the public interest to
provide for the operation of certain traffic signals on the State Highway
System within the City of Clearwater, Florida, and to enter into the attached
agreement with the State of Florida, D~partrnent of Transportation;
NOW, THEREFORE, BE IT R'ESOLVED 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 the design, installation,
maintenance and operation of traffic signals on the State Highway System as
may be identified in approved' "Ordersl' as provided for under the agreement.
'2. That the City of Clearwater authorizes the Traffic Engineer to
legally acknowledge and approve for this Public Body lists of signalized
intersections and equipment which are contained in any "request orders"
, from the Department of Transportation as provided for under the agreement.
3. That the City Commission hereby authorizes the City Manager to
execute the Traffic Signal Agreement which is the subject matter of this
resolution on behalf of the City of Clearwater, Florida.
4. That this Resolution shall become effective immediately upon
its adoption.
PASSED AND ADOPTED this
5th
day of April, A. D. 1979.
oo.le-l-<:-haflew--F;--Le-Che r
Attest:
Mayor-Commissioner
. / s / Lucille Williams
City Clerk
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I, Lucille williams, duly appointed City Clerk of the
City of Clearwater, Florida, certify the foregoing to be a
true and correct copy of Resolution No.
79-25
adopted
by the City Commission on the
5th
day of
April
, A. D. 19 79 .
Witness my hand and the seal of the City of.Clearwater,
this
23rd
day of
April
, 1979.~
~~ _L~ :v~
City Clerk
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State of norida !lepcirtment of Transportation
TRAme SIGNAL PAINTENANCE & OPERATION
ORDER NO. 1
A.
D.O.T. DISTRIC! ONE
COUNTY
PI?lELLAS
PUBUC BODY CMAlNrAININ3 AGENCY)
THE CITY OF CLEAR~lATER
B. 1. All signalized intersections and signal systems covered by this order are
~erEIlCed to an agreement of record dated ~7 ' /., , between the
repartment and Public Eody and no supplemental agreement is required.
2. '!he Public Ecdy is hereb<J authorized and requested to undeI'ta'<:e the
maintenance and operation of 3 signalized inte..~ections on the
State Highway System as listed in part C of this oreer. The fol1a;.;ir~
previously mmbe'ed and dated orders shall rema.i..n in effect and are not
altered by this order.
C. Identification of Type of Equipment and Insta:...:atio:1S to be Maintained.
(PARI' C IS ATrACEED)
D. Approvals
ACl<NOWLECGED. A
RID ~rofj;f;79
~Er.g er !gent
Public Body
APPROVED: ~/ E! t /79
rate
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~,/ .P--t. r.j-/j /~~ (/....i,'
Di.str~ct Traff~c Operat~ons'
Engineer
Copies: District Traffic Operations Office
St, ate Traffic Operations Offi~'
District Maintenance Office
Local Goverrn.ent (Public Eody) ,
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PART C.
Intersection - Pre- Nicrc- Inter- I
No. Street: Names Timed Actuated Pn:lcessor Other Connected
- -- Section 15020-3522~ AU. 19
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2 Seminole Street 2 Phase
J Sunset Point Road 2 Phase
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SPECIAL ~um1ENI' to be operated and maintained:
*Existing controUer~ up{!1'ade signal- heads.
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