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1986-29 ? R s.*"- e t4'Z 'gf S 4+1:-:;. CITY OF CLERMONT P O BOX 219 • CLERMONT, FLORIDA 32711 • PHONE 904/394 -4081 February 7, 1986 G.M. Gilhooley Florida Department of Transportation P.O. Box 47 Tallahassee, FL 32721 -0047 Dear Mr. Gilhooley: The City Council of the City of Clermont at their meeting held January 28, 1986, approved the enclosed Traffic Signal Maintenance Agreement. We are in total agreement with the concept of a Master Agreement and concur with the proposed signal design. Several changes to the contract were necessary in order to make the agreement a feasible, working document for the City. The changes are substan- tially in accordance with the old separate maintenance contracts 1 we have worked with and which have been effective for several years. If you have any questions, please call Public Works Director Bob Smythe or me. Sincerely, CITY OF CLERMONT J NE SAUNDERS City Manager WS /jmb Encl. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 28th day of January , 1986, by and between the Florida Department of transportation, an agency of the State of Florida, herein called the "Department" and the City of Clermont, Florida, a political subdivision of the State of Florida, herein called the "Maintaining Agency ". WITNESSETH: WHEREAS, the maintenance and operation of traffic signals or signal systems are necessary for safe and efficient highway transportation along the State Highway System; and WHEREAS, the Department proposes that the Maintaining Agency shall maintain and operate traffic signals and signal systems at certain locations along the State Highway System; and WHEREAS, the Maintaining Agency and the Department, by this Agreement, have determined that it is in the public interest for the Maintaining Agency to maintain and operate traffic signals and signal systems at certtain locations along the State Highway System. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, the parties mutually agree and covenant as follows: 1. When the District Traffic Operations Engineer of the Department has served a request order on the Maintaining Agency, and the designated officer of the Maintaining Agency named in the Agreement has favorable acknowledged the request order, the Maintaining Agency shall undertake the responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order. 2. Prior to installation of new traffic signals and signal systems, the proposed functional design and operation thereof shall be coordinated with, and reviewed by, the Maintaining Agency. Such design and operation will be as energy efficient as possible. 3. Regardless of whether the installation of new traffic signals and signal systems is performed by the Maintaining Agency or the Department, such installation shall not endanger highway travel and shall be conducted in accord with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD) as amended, and with all applicable Department standards, specifications and plans governing traffic control for street and highway construction and maintenance. 4. The Maintaining Agency shall be responsible for the main- tenance and continuous operation of the traffic signals and signal systems, and the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems upon completion of their installation. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems beginning with the burn -in period following conditional acceptance of the signal installation by the Depatment, and shall undertake the maintenance and continuous operation of said traffic signal and signal systems upon final acceptance of the in- stallation by the Department. Repair or replacement and other re- sponsibilities of the installation contractor and the Department, during the burn -in period between conditional and final acceptance, are contained in the Department's Supplemental Specifications to the Standard Specifications for Road and Bridge Construction. 5. The Maintaining Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that substatially agrees with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Maintaining Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service and routine repairs), and emergency maintenance (trouble shooting in the event of equipment malfunction, failure or damage). Within 24 months, the Maintaining Agency shall provide a sufficient number of traffic signal technicians, who are certified by the IMSA to properly maintain and operate the traffic signals and signal systems. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 6. The Maintaining Agency may remove any component of the installed equipment for repair, however it shall not make any permanent modifications and /or equipment replacements without prior written notice to the Department. Conversely, the Depart- ment shall not make any modifications and /or equipment replacements without prior written notice to the Maintaining Agency. 7. The Maintaining Agency shall set and maintain the timing and phasing circuitry of the traffic signals in accordance with the Depart- ment's timing and phasing plans, specifications, or special provisions. The Maintaining Agency may make modifications in timing and /or phasing circuitry of signals and signal systems to accommodate changing needs of traffic provided prior written notice is provided to the Department. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications in the timing and phasing circuitry. If the Department specifies modification in timing and /or phasing circuitry, implementation of such modifications shall be coordinated with, or made by, the Maintaining Agency. 8. The Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System, provided that such agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 9. This Agreement shall remain in force during the life of the original installed equipment and /or the life of any replacement equip- ment installed with the mutual consent of the parties hereto. 10. To the extent permitted by law, each party shall indemnify, defend, save and hold harmless the other from all claims, demands, suits, liabilities, damage, losses and expenses, including reasonable attorneys' fees, arising out of or resulting from the negligent acts of commission or omission by such party, its contractors, subcontractors, employees, agents or representatives. The Maintaining Agency shall not be liable for damages arising out of injury or damage to persons or property caused or resulting from the sole negligence of the Department, its officers, agents, or employees. However, nothing in this paragraph shall be construed as a waiver of sovereign immunity by either party. 11. The Maintaining Agency shall idemnify, defend, save and hold harmless any joint pole owners from all claims, demands, suits, liabilities, damages, losses, and expenses, including reasonable attorneys' fee, for bodily injury or death to persons or damage to property resulting in connection with the performance of the above described responsibilities by the Maintaining Agency, its contractors, subcontractors, agents, employees or representatives, except that the Maintaining Agency shall not be liable under this paragraph for such claims arising out of bodily injury or death to persons or damage to property to the extent that such injury, death or damage was caused by or resulted from the sole negligence of the Department. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first written above. CITY OF CLERMONT Maintaining Agency Seal Maintaining Agency By: La Title: Mayor Attest: �, G " t APPROVED: os h E. Van Zile, City Clerk January 28, 1986 STATE OF FLORIDA Department of Transportation Department Seal By: Director Division of Maintenance Attest: APPROVED: Attorney