1986-15
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
. ~Œ
THIS AGREEMENT, made and entered into thie'1" - day of
~, 1986, by and between the ~LORIDA DEPA:THENT OF
TRANSPORTATION, an agency of the State of Florida, herein called
the °DepartmentD, and the CITY OF CLERMONT, FLORIDA, a political
subdivision of the State of Florida, herein called the DMaintain-
iog AgeocyD.
WITNESSETH:
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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 High~ay 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 sigoal systems at certain locations along the State
Highway System.
NOW THEREFORE, in consideration of the premises and the
mutual covenants contained herein to be undertaken by the respec-
tive 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 favor~bly ackno~ledged tha request order, the
Maintaining Agency shall undertake the responsibilities to main-
tain and operate existing or ne~ traffic signals and signal
systems mentioned in the r~queBt order.
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2.
Prior to installation of new traffic signals and
signal systems, the proposed fuoctional design and operation
thereof shall be coordinated with, aod reviewed by, the Kaintain-
ing Agency.
Such design and operation will be as energy effi-
cient as possible.
3.
Regardless of whether the installation of new
traffic signals and signal systems is performed by the Kaintain-
ing Agency or the Department, such installation shall not
endanger highway travel and shall be conducted in accord with
part VI of the Manual 00 Uniform Traffic Control Devices (HUTCD)
as amended, and with all applicable Department standards,
specifications and plans governing traffic control for street and
highway construction and maintenancê.
-4.
The Maintaining Agency shall be responsible for the
maintenance 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 electri-
cel 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 Installa-
tion by the Department, anð shall undertake the maintenancÐ and
continuous operation of said traffic signal and signal systems
upon final acceptance of the installation by the Department.
Repair or replacement and other responsibilities of the installa-
tion 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 Specifi-
cations for Road and Bridge Construction.
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5 .
The Maintaining Agency ahall maintaio and operate
the traffic signals and slgnal systems in a maoner that will
ensure safe and efficient movement of highway traffic and that
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 to damage).
I
The maintaining
Agency shall provide a sufficient number of traffic signal tech-
nicians, who are certified by the IMSA to properly maintain and
operate the traffic signals and signal systems.
The. Maintaining
t
Agency shall record its malnteoance activities in a traffic
signal maintenaoce log.
6 .
The Maintaioing Agency may remove any component of
the installed equipment for repair, however, it shall not make
any permanent modifications and/or equipment replacements without
the prior written approval of the Department.
Conversely, the
Department 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 Department's timing and phasing plans, specifications,
or special provisions.
The Maintaining Agency may make modifica-
tions in timing and/or phasing circuitry of signals and signal
systems to accommodate changing needs of traffic provided prior
written approval is obtained from the Department.
The Department
reserves the right to examine equipment, timing and phasing at
any time and, after consultation with the Maintaining Agency, may
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specify modifications in the timing and phasing circuitry.
If
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the Departmeot specifies modificatioo in timing and/or phasing
circuitry,
implementation of such modifications shall be
coordinated with, or made bYI the Maintaining Agency.
8 .
The Maintaining Agency shall place a copy of the
Departmcot's letter approving any modification or replacement of
equipment or any changes in timing or circuitry in the documen-
tation container within the controller cabinet.
9 .
The Maintaining Agency may enter into agreements
with other parties pertaining to traffic signals and signal
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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,
covenants contained in this Agreement.
The Maintaining Agency
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provided that such agreements are conuistent with the mutual
shall furnish ð copy of such agreements to the Department.
10.
This Agreement shall remain in force during the
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life of the original installed equipment and/or the life of any
replacemeot equipment installed with the mutual consent of the
parties hereto.
ll.
To the extent permitted by la~, the Maintaining
Agency shall indemnify, defend, save and hold harmless any joint
pole owners from all claims, demands, suits, liabilities,
damages, losses, and expenses, for bodily injury or death to
persons or damage to property resulting in connection uith tho
performance of the above-described responsibilities by the
M~intainin9 Agency, its contractors, subcontractors, agents,
employees or representatives, subject to limitations set forth in
Section 768.25(5), Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused tþeae
presents to be executed, the day and year first öbove ~r1tten.
)
CITY OF CLERMONT
Maintaining Agency
Maintainiog Agency Seal
BY ,&/}/l~
TITLE:....
HAYOR
ATTEST-+-
APPROVED:
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Depart¡;¡ent Seal
BY:~~~ \~~~
Director
Div's on of Maint~n~.~cAe
ATTES " ,LAlJI
APPROVED:
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RESOLUTION NO. 530
RESOLUTION AUTHORIZING THE EXECUTION OF
A TRAFFIC SIGNAL MAINTENANCE
AGREEMENT BETWEEN THE STATE OF FLORIQA
DEPARTMENT OF TRANSPORTATION AND the
City of Clennont
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On motion of
Richard L. Huff
J seconded by Ann Dupee
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, the following resolutton was adopted;
WHEREAS, ~ of Clermont deems it in the publ ic
{Maintaining Agency}
interest to provide for the maintenance and operation of
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certain traffic signals along the State Highway System within
the City af Clennant , and to enter into the àttached agreement
(Jurisdiction)
with the State of Florida, Department of Transportation.
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NOW, THEREFORE. BE IT RESOLVED
1. That the City of Clermont concurs in the provisions
(Maintaining Agency)
of that certain agreement attached hereto, pertaining to the
design, installation. maintenance. and operation of traffic
signals or signal systems along the State Highway System ùS
identified in the approved IIrequest ordersll as provided under
the agreement.
2. That the City of Clermont authorizes City Manager
. ~Maintaining Agency} (Job title or
to legally acknowledge and approve
name of position held)-'
for this Maintaining Agency lists of signalized intersections
and equipment which are contained in any Urequest orders" from
the Department of Transportation as provided for under the
agreement.
3. That
authorizes the said agreement
to be executed
Agency.
STATE OF FLORIDA
COUNTY OF
1 HEREBY CERTIFY that the foregoing is a true and correct copy of ð
Resolution adopted by the Clermont City Council at a meeting held on the
24th day of June . A.D., 19 .llli-' and recorded in its minutes.
IN WITNESS WHEREOF. I hereunto set my hand and official seal this
7th day of July , A.D.. 19 ilL_.
n /~ /--L l[
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,~tiH ~:)VAN ZILE, CITÝ CLERK
(SEAL)
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State of Florida Department of Transportation
TRAFFIC SIGNAL MAINTENANCE & OPERATION REQUEST ORDER NO.
01
A.
COUNTY
Lake
D.O.T. DISTRICT NO.
MAINTAINING AGENCY
5-
City of Clermont
B.
1. All signals and signal systems covered by this request order are
referenced to an agreement of record dated between the
Department and Maintaining Agency and no supplemental agreement
i s requ ired.
2. The Maintaining Agency is hereby authorized and requested to under-
take the maintenance and operation of 1 signals or signal systems
along the State Highway System as listed in Part C of this request
order. All previously numbered and dated request orders for these
same locations are rescinded unless specifically exempted as follows:
C.
Identification of Type of Equipment and Installations to be Maintained
and Operated.
(PART C is attached)
D.
APPROVALS
.................................................................................
MAINTAINING AGENCY
ACKNOWLEDGED AND APPROVED:
Signature: ii (Ai~y
Date: ~~
resolution)
Title:
CITY MANAGER
..................................................................................
FLORIDA DEPARTMENT OF TRANSPORTATION
ACKNOWLEDGED AND APPROVED:
Signature:
~
Title:
7- c;-ét.,.
Date:
.................................................................................
Copies: District Traffic Operations (original)
Maintaining Agency
Document Control (MS 16)
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State of Florida Department of Transportation
PART C
IDENTIFICATION OF TYPE OF TRAFFIC SIGNAL EQUIPMENT
and
INSTALLATIONS TO BE MAINTAINED AND OPERATED
Intersection Pre- M;cro- Inter-
No. Street Names Timed Actuated Processor Other Conne<
SR 25/Hook Street FLASHI IG BEACON
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SPECIAL EQUIPMENT to be operated and maintained:
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CITY OF CLERMONT-
P.O. BOX 219. CLERMONT, FLORIDA 32711 . PHONE 904/394-4081
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May 22, 1986
G. M. Gilhooly
Florida Department of Transportation
P.o. Box 47
DeLand, Florida 32721-0047
Dear Mr. Gilhooly:
Enclosed are two copies of the amended Master Signal Agreement.
The amended agreement was submitted to the City by Ms. Judy Rice,
Staff Attorney for the Department of Transportation. The City
Council at their meeting held Tuesday, May 13, 1986, approved the
agreement.
A copy Ms. Rice's letter is also enclosed for your reference.
Please return one executed copy of the agreement for our records.
We look forward to the installation of the signal at the inter-
section of Hook Street and Highway 27. Please inform me as to
the projected date of installation.
If you have any questions, do not hesitate to call.
Sincerely,
CITY OF CLERMONT
WA
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Encl.
BOB c,RAHAM
GOVERNOR
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-- jÈCEIVED MAY 1 198b
Department of Transportation
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Florida
Haydon Burns BUIlding. 605 Suwannea Street, Tallahassee. Florida 32301-8064. Telaphone (904) 488-8541
THOMAS Eo DRAWDY
SECRETARY
April 22, 1986
Mr. Wayne Saunders
City Manager of Clermont
Post Office Box 219
Clermont, Florida 32711
Dear Mr. Saunders:
Enclosed is a revised Master Traffic Signal Mainte-
nance Agreement which reflects the changes we discussed.
In addition, it deletes the mutual indemnification
paragraph that was formerly paragraph numbered 11. Also, it
modifies the indemnification language that was formerly para-
graph numbered 12. This conforms with our latest revised
agreements.
If you have any questions, please feel free to call
me at 904/488-9425.
Yours truly,
ð:: -R- ~
Judy Rice
Staff Attorney
Enclosure
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
, .
May
THIS AGREEMENT, made and entered into this ~ day of
, 1986, by and between the PLORIDA DEPARTMENT or
TRANSPORTATION, an agency of the State of Florida, herein called
the .Department., and the CITY OP CLERMONT, PLORIDA, a political
subdivision of the State of Florida, herein called the 8Maintain-
- ,
ing 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
" e,
WHEREAS, the Department proposes that the Maintaining
:';
Agency shall maintain and operate traffic signals and signal
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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 interelt
for the Maintaining Agency to maintain and operate traffic
, - "
signals and signal systems at certain locations along the S~ate
"
Highway system.
NOW THEREPORE, in consideration of the premises and the
mutual covenants contained herein to be undertaken by the respec-
tive parties hereto, the parties mutually agree and covenant as
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follows:
1.
When the District Traffic Operations Bngineer of the
Department bas served a request order on the Maintaining Ag,ncy,
, :, ,-.
and the designated officer of the Maintaining Agency named in tbe-
Agreement has favorably acknowledged the request order, the
Maintaining Agency shall undertake the responsibilities to main~
"
tain and operate existing or new traffic signals and B1gna~
, ". .
systems mentioned in the request order.
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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 Maintain-
ing Agency.
Such design and operation will be as energy effi-
cient as possible.
3.
Regardless of whether the installation of new
traffic signals and signal systems is performed by the Mainta1n-
ing Agency or the Department, such installation shall not
endanger highway travel ~nd 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 fo~ the
maintenance and continuous operation of the traffic signa18 and
signal systems, and the payment of electricity and electrical
charges incurred in connection with the operation of the traff1c,
signals and signal systems,upon completion of their installatiøn,
In the case of construction contracts, the Maintaining Agency
shall be responsible for the payment of electricity and electri-
cal 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 installa-
tion by the Department, and shall undertake the maintenance ~nd
continuous operation of said traffic signal and 8ignal sys~ems
upon final'acceptance of the installation by the Department.
Repair or replacement and other responsibilities of the 1nst,lla-
tion 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 ~pecifi-
cations for Road and Bridge construction.
2
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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
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 nót be limi~ed to, preventive
maintenance (periodic inspection, service and routine repairs),
and emergency maintenance (trouble shooting in the event ot
equipment malfunction, failure to damage).
The maintaining
Agency shall provide a sufficient number of traffic signal tech- .
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nicians, who are certified by the IMSA to properly maintain ~nd ,
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operate the traffic signals and signal systems.
The, Maintaining
Agency shall record its maintenance activities in a traffic
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signal maintenance log.
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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
the prior written approval of the Department.
Conversely, the
Department shall not make any mod~fications and/or equipment
replacements without prior written notice to the Maintaining
I ,.
Agency.
7.
The Maintaining Agency shall set and maintain the
timing and phasing circuitry of the traffic signals in accordanc~, '
with the Department's timing and phasing plans, specification"
" ' .,-
or special provisions.
The Maintaining Agency may make modifica~
tions in timing and/or phasing circuitry of signals and signal
. ,: "
systems to accommodate changing needs of traffic provided prior
"
written approval is obtained from the Department.
The DepartlA4tnt
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reserves the right to examine equipment, timing and phasing at .
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any time and, after consultation with the Maintaining Agency, moy -'"
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specify modifications in the timing and phasing circuitry.
If
the Department specifies modification in ti~ing and/or phasing
circuitry, implementation of such modifications shall be
coordinated with, or made by, the Maintaining Agency.
8.
The Maintaining Agency shall place a copy of the
Department's letter approving any modification or replacement of
equipment or any changes in timing or circuitry in the documen-
tation container within the controller cabinet.
9.
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.
10.
This Agreement shall remain in force during the
life of the original installed equipment and/or the life of any
replacement equipment installed with the mutual consent of tbe
parties hereto.
11.
To the extent permitted by law, the Maintaining
Agency shall indemnify, defend, save and hold harmless any joint
pole owners from all claims, demands, suits, liabilities,
damages, losses, and expenses, 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, subject to limitations set fortb in
~
Section 768.25(5), Florida Statutes.
4
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IN WITNESS WHEREOF, the parties hereto have caused tbeae
p~esents to be executed, the day and year f1~8t above written.
CITY OF CLERMONT
Maintaining Agency
Maintaining Agency Seal
By:L2f-¿; ~~
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APPROVED:
May 13, 1986
STATE OF FLORIDA
DEPARTMENT or TRANSPORTATION
Department Seal
BY:
Director
Division of Maintenance
ATTEST:
APPROVED:
Attorney
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