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HomeMy WebLinkAboutResolution 385 Traffic Signal Agreement RESOLUTION NO. 385 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNAL AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF WINTER SPRINGS; CONFLICTS; EFFECTIVE DATE. On motion of Commissioner Torcaso, seconded by Commissioner Trencher, the following resolution was adopted; WHEREAS, the City Commission of the City of Winter Springs, Florida, deems it in the public interest to provide for the operation of certain traffic signals on the State Highway System within the City of Winter Springs, Florida, and to enter into the attached agreement with the State of Florida, Department of Transportation. NOW THEREFORE BE IT RESOLVED: I. That the City Commission of the City of Winter Springs, Florida, concurs in the provisions of that certain agreement attached hereto, per- taining to the design, installation, operation and maintenance of a traffic signal installation described in Exhibit "A" to that agreement. II. That the City Commission of the City of Winter Springs, Florida, authorizes the said agreement to be executed by a legally designated officer of this Public Body. III. This resolution should remain in force until supplemented, amended, repealed or otherwise altered. IV. All resolutions or parts of resolutions in conflict with this resolution are hereby repealed. V. This resolution shall take immediate effect upon its passage and approval. PASSED and ADOPTED this 27th day of April, 1982. CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, MAYOR ATTEST: Mary T. Norton CITY CLERK STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the City Commission of the City of Winter Springs, Florida, at a meeting held on the 27th day of April, A.D., 1982, and recorded in its minutes. IN WITNESS WHEREOF, I hereunto set my hand and official seal this 5th day of May, A.D., 1982. Mary T. Norton (SEAL) City Clerk COUNTY SECTION NO. 77120 JOB NO. SR NO. 434 TRAFFIC OPERATIONS NO. COUNTY NAME Seminole MUNICIPALITY Wnter Springs TRAFFIC SIGNAL AGREEMENT (INCLUDING JOINT POLE USE) THIS AGREEMENT, made and entered into this_____________ day of____________________, 19____, by and between the State of Florida Department of Transportation, an Agency of the State of Florida, hereinafter called the "Department" and the City of Winter Springs FLORIDA, hereinafter called the "Public Body". The Joint Pole user/owner will herein- after be call ed the "Company". WITNESSETH WHEREAS, the Construction and maintenance of a traffic signal, or signal, is necessary for 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 detenmined that it is in the public interest for the Public Body to maintain and operate signal installations along the State Highway System: NOW, THEREFORE, THIS INDENTURE WITNESSETH: 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 at the locations 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. Responsibility for installation of signals at a specific location shall be agreed upon by the parties. Construction and/or installation 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 published by the D.O.T 3. Upon completion of the installation and in the case of construction contracts, its conditional acceptance, the Public Body shall undertake the maintenance and continuous operation of said signal installation(s) and the payment for all costs for electricity and electrical charges incurred in connection with the operation thereof. 4. The Public Body shall maintain the signal installation in accordance with Department policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this regard the Public Body shall record maintenance activities relative to said traffic signal installation to a "Department of Transportation Traffic Signal Maintenance Log" or an approved equivalent log. 5. It is hereby understood and agreed by the parties hereto that the Public Body may remove any component of the installed equipment for repair, however, major permanent modifications and equipment replacements shall not be nlade by either party without appropriate coordination with the other party. 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 handled at the time of the completion of the installation of the signals. Necessary modifications in timing or minor circuitry may be made by the Public Body to accommodate the changing needs of traffic, but the Department reserves the right to examine the equipment any time, and after due consultation with the parties hereto specify timing and phasing that will provide a safe and expediate_________ State Highway System, if modification in timing and the circuitry of phasing is specified by the Department, implementation of such modifications shall be coordinated through the Public Body. 7. The Public Body shall not modify the equipment to provide additional phases or intervals without written permission from the Department and the Department shall not modify the equipment without written acknowledgement from the Public Body. 8.The Public Body certifies it has entered into an agreement with joint pole user/owner which includes the following provision: 8.1 Whenever the Public Body uses it personnel to perform work, the following provision should apply: If the Public Body enters into an agreement for the joint use of poles owned by Department or Company or upon which Department or Company maintains attachments, and Department and Company is agreeable to said joint use, the parties hereby agree that in consideration of $10.00 and other specific and mutually acknowledged benefits received each from the other, Public Body shall indemnify, defend and hold harmless Department and Company from and against any liabilities what- soever, whether or not due to or caused by negligence of Department and Company, including attorney fees) injury to or death of person(s) or property damage arising or resulting in connection with any activity performed by PUBLIC BODY personnel associated with said joint pole use under this agree- ment subject to the limitation set forth in Section 768.28(5) Florida Statutes. If the Public Body has liability insurance as of the date of this agreement, or purchase said insurance at any time during the term of this agreement, such Insurance shall be amended or endorsed so as to include Company as an Additional Named Insured to protect the parties hereto against any and all claims,demands, actions, judgments, cost, expenses and liabilities of attorney defense fees which amy result, directly or indirectly, under the terms of the above indemnification. The limit applying to this agreement shall equal the highest limit applicable to any other exposure covered under the policy. 9. It is understood and agreed by the parties hereto that this agreement shall remain in force during the life of the orginally installed equipment and any replacement equipment installed by the mutual consent of the parties hereto. 10. To the extent permitted by law each party does hereby indemnify and hold harmless the other from all liability, claims and judgement (including attorney's fees) arising out of work undertaken by such party pursuant to this agreement, or due to the negligent acts or omissions of such party, its contractors, subcontractors, employees, agents or representatives, respectively, except as other- wise covered by bonds or insurance. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORATION BY: ____________________ Director of Administration BY: ____________________ Executive Secretary (SEAL) PUBLIC BODY BY; Richard Rozousky TITLE: CITY MANAGER Attest: Mary T. Norton (SEAL) TITLE: CITY CLERK Approved as to form, legality, and execution: __________________ EXHIBIT "A" MAINTENANCE AGREEMENT TRAFFIC SIGNALS This Exhibit "A" forms an integral part of that certain Traffic Signals Maintenance Agreement: between the State of Florida Department of Transportation and the the City of Winter Springs, dated______________, 19____. LOCATION OF TRANFFIC SIGN INSTALLATIONS: STATE JOB NO. 77120 SR NO. 434 TRAFFIC OPERATIONS NO. LOCATION : Edgemon Avenue