1979-02
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t (,io.nliy.
(;L:CloION
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11070
JOB
NO.
3504
SR
NO.
50
TRAfTIC
OPERATIONS
NO.
COUN'IY
NAME
lake
HUNICIPAL.I1Y
Clennont
TRAFFIC SIGNAL AGREEMENT
TIllS N;R.EIJ1INI', made and entered into this
1L#e
day of
?11~~
, 19~, by and between the State of Florida
rent of Transportation, an Agency of the State of Florida, here1.na.fter called
_Department" and the City of Cl ermont
I11>RIfi/\, hereinafter called the "Public Body".
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 maintain and
operate signal installations along the State Highway Systen:
IDW, THEREfORE, nrrs INDOO'URE WITNESSLIH: 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. That the traffic signal or signals as described in Exhibit "A", 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.
2. When installation of th.' traffic signaHs) is to be performed by either the
Public Body or under the supervision of the Department, the construction and/or installa-
tion shall not endanger travel along the roadways involved and all operations shall be
conducted in accord with the Manual on Traffic Controls and Safe Practices (Part VI) as
,Iished b.Y the D.O.T.
3. Upon completion of the installation and in the case of construction contracts,
its condi tional acceptance, the Public Body shall assune the sole responsibility for
the maintenance and continuous operation of said signal installation(s) and the payment
for all costs for electricity and electrical charges incurred in cotUlection with the
operation thereof.
j
, 4. TIle Public Body shall maintain the signal installation in aCCOl'Dance with
Dc~"lc"lrtJnent polic:ies and to a level of maintenance that will provide minimun hazam to
movement of traffic. In this regard 'the Public Body shall record maintenance activities
relative to said traffic signal instllation to a "Department of Transportation Traffic
Signal Maintenance UJg" or an approved equivalent log.
5. That the equipnent shall ranai.n the property of the Department, and it is
hereby understood and agreed by the parties hereto that the Public Body may renove any
CCITIpOnent of the installed equipnent for repair but the Public Body shall not, under any
condi tion, permanently reoove the main frame of the control unit without the express
written permission of the Department.
6. 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 harK:Ued at the time of the canpletion of the installation of the signals.
Necessary modifications in timing or miror cireui try may be made by the Public Body
to acc:x::mrodate the changing needs of traffic but the Department reserves the right to
examine the equipnent any any time t and after due consultation with the parties her-eto,
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specify timing and phasing that will provide a safe and expeditious traffic flow in the
State Higt'May System, if modification in timing and the ci.reuitry or phasing is specified
by the Department, implementation of such-'modifications shall be coordinated thn:Jugh the
,
Public Body.
7 · The Public Body shall not modify the equipnent to provide additional phases
or intervals wi trout written permission fran the Department and the Department shail not
roodJfy the equipnent without wri. tten ackrowledgement fIUn the Public Body.
8. The Public Body hereby agrees to indemnify t defend, save and hold harmless the
Department for all claims, demands, liabilities and suits of any nature whatsoever
arising out of, because of, o~ 4due to the breach of this ~ernent by the Public Body,
its agents or Employees, or due 'to any act or occurrence or omission or carmission of
the Public Body, its agents or Employees. It is specifically understood and agreed that
this iJldemn.ification agreement does not cover or indemnify the Department, or its agents
or' rlllplr,y('~n, for itn own ll~p'lip."'ncf! or bl'Y:',1Ch of contract.
9. It is mutually agreed that the ~partmentts Director of Road Operations
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after 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, arrDunt and value thereof.
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EXlfiBIT "A"
HAINTIW\NCE PGREIM:Em'
TRAFfIC SIGNAlS
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This EKhibit "A" forms an integral part of that certain Traffic .Signals
Maintenance Agrement between the State of norida Department of Transportation and
~ City of Clermont
dated ..J / / '{
, 19~.
WCATION OF TRAFFIC SIGNAL INSTAllATIONS:
STATE
JOB
NO.
SR
NO.
TRAFFIC
OPERATIONS
NO.
lDC'ATION:
-'
11070-3504 50
SR 561
.'
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.
J
10. It i.s ullucn:;tood and agrecu by the JX1rties hereto that this ap,t'eoncllt sha] 1
~u.n in forv:c dl.D..ing the life of the originally installed equipment and any replace-
ment equirrnent installed by the mutual consent of the parties hereto. provided however
that additional or replacement equipment p~lased and installed wholly at the CX1,cnse
of the Public Body in accordance with this provision shall renain the property of the
Public Body.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day am year first abo~ written.
STATE OF FWRIJll\
DEPAR'lMENr OF TRANSroRTATIO
1\
BY:
· (SFAl.,)
BY:
PUBLIC BOrN
BY: tM /l~
I
Title: Mayor
ATIESr: Lq~~ I( ~,;f,
1 ty er
.'
Approved :
D' ctor of Road Operations
Approved as to form. legal! ty
and execution.
~omey
,
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