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Home My WebLink About1987 - Master Traffic Signal Maintenance AgreementFloridaDepartment of Transportation Bob Martinez Kaye N. Henderson GOVERNOR SECRETARY 780 Southwest 24 Street Fort Lauderdale, Florida 33315-2696 Telephone: 305-524-8621 April 1, 1987 Mr. Hector A. Franco City Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mr. Franco: Re: Master Traffic Signal Maintenance Agreement and Traffic Signal Maintenance & Operation Request Order 1-87 SR -5 (U.S. 1) at Main Street and at Schumann Drive, City of Sebastian Enclosed is a fully executed copy of the Master Traffic Signal Maintenance Agreement between the City of Sebastian and the Florida Department of Transportation. Also enclosed is a fully executed copy of Traffic Signal Mainte- nance & Operation Request Order 1-87, referenced to the Master Agreement, for two signals on State Road 5 at Main Street and at Schumann Drive in the City of Sebastian. Sincerely, William William R. Walsh, P.E. District Traffic Operations Engineer WRW:hg Enclosures cc: Document Control FORM 74M1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 11ins TRAFFIC SIGNAL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into thisL_day of n Iyrck 19 97, by and between the Florida Department of Transportation, an agency of the State of Florida, herein called the "Department", and the City of Sebastian 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 forsafe 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, by Resolution attached hereto and incorporated herein, 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 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 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 officerof the Maintaining Agency named in the Resolution accompanying this Agreement has favorably 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 whetherthe 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 maintenance and continuous operation of the traffic signals and signal systems, and the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems upon completion of their installation. In the case of construction contracts, the Maintaining Agency shall be responsible forthe 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 Department, and shall undertake the maintenance 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 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 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, ordamage). The Maintaining Agency shall provide a sufficient number of traffic signal technicians, who are certified by the IMSA at Level 11 or higher, 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 which shall contain, as a minimum, traffic signal log details recommended by the IMSA. 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 Depart- ment. 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 accor- dance with the Department's timing and phasing plans, specifications, orspecial 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 approval is obtained from the Department. Department approval shall be contingent upon an engineering report prepared by, orfor, the Maintaining Agency in accordance with Section 1 A-4, MUTCD recommending such changes and signed and sealed by a qualified Professional Engineer registered in the State of Florida. 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. FORM 749-01 11/85 ,ACE s of s 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 documentation 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 the parties hereto. 11. To the extent permitted by law, each party shall indemnify, defend, save and hold harmless the other from all claims, demands, suits, liabilities, damages, 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 damageto persons or propertycaused 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. 12. The Maintaining Agency shall Indemnify, defend, save and hold harmless anyjoint pole owners from all claims, demands, suits, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, 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 forsuch 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 beexecuted, the day and year first above written. Maintaining Agency Seal APPROVED: Attorney T116`6as C. Palmer Department Seal APPROVED Attorney CITY OF SEBASTIAN Maintaining Agency Title: L. GXne Harris, Mayor FLORIDA Kathxryn M. Benji6in, City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By:c 9d a ^L LJ� Director D isl n of Maintenance Attes . 4—) '4 - RESOLUTION NO.R-87-13 A RESOLUTION AUTHORIZING THE EXECUTION OF A TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF SEBASTIAN. On motion of yice Mayor Rothe, seconded by Councilman Vallone, the following resolution was adopted; WHEREAS, the City of Sebastian deems it in the public interest to provide for the maintenance and operation of certain traffic signals along the State Highway System within the City of Sebastian, and to enter into the attached agreement with the State of Florida, Department of Transportation. NOW, THEREFORE, BE IT RESOLVED 1. That the City of Sebastian concurs in the provisions 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 as identified in the approved "request orders" as provided under the agreement. 2. That the City of Sebastian authorizes___ tha_City_______ ------angi.naex_---------to legally acknowledge and approve for this Maintaining Agency 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 of Sebastian authorizes the said agreement to be executed by a legally designated officer of the Maintaining Agency. -- --------------- ene arris, Mayor ATTEST: , 11 � Kathry M.�Benjam- , City Clerk I HEREBY CERTIFY that the foregoing was duly passed and is a true and correct copy of a RESOLUTION adopted by the City Council at a meeting held on the 22th day of FgtrgtaU, 19$Z, and recorded in its minutes. ( S E A L ) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, to ida, o take ack ow edgemt Jnts, personally appeared__ 1_ �Pice=r_n3___ _and ��"-_' `---to me known as the persons described in and ho execut the foregoing instrument and they acknowledged before me that they executed the same. W TIESS my hand and seal in Indian River County, Florida, this 1987. 777 _��_��_ NOTARY_F SIC, T_=_ OF FLORIDA Notary Public, State of Ronda - My Commission Expiresjh Bonded rhru rmy Fein - Imumn,n 1'. 1 A. 0 State of Florida Department of Transportation TRAFFIC SIGNAL MAINTENANCE & OPERATION REQUEST ORDER NO. 1_87 D.O.T.DISTRICT NO. 4 MAINTAINING AGENCY City of Sebastian COUNTY' Indian River B. 1, All signals and signal systems covered by this request order are referenced to an agreement of record dated 3/25/•87 between the Department and Maintaining Agency and no supplemental agreement is required.. 2. The Maintaining Agency is hereby authorized and requested to under- take the maintenance and operation of 2 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�l D. APPROVALS .......I............................F...................................... MAINTAINING ACKNOWLEDGED AND APPROVED: Signature: Title: by resolution Date: 7 ................/............................................................ FLORIDA DEPARTMENT OF TRANSPORTATION ACKNOWLEDGED AND APPROVVEDD:ry� Signature: �j(/wg� Date: a / Title: District Traffic Operations Engineer Copies: District Traffic Operations (original) Maintaining Agency Document Control (MS 161 State of Florida Department of Transportation PART C IDENTIFICATION OF TYPE OF TRAFFIC SIGNAL EQUIPMENT and INSTALLATIONS TO BE MAINTAINED AND OPERATED Section Number Street -Names Pre- Timed Actuated Micro- Processor Other Inter - Connected 88010 SR -5 (U.S.1) at Main St. g 88010 SR -5 (U.S.1) at Schumann Dr. X SPECIAL EQUIPMENT to be operated and maintained: