Resolution 100-1985
RESOLUTION NO. 100 -1985
RESOLUTION AUTHORIZING THE EXECUTION
OF THE TRAFFIC SIGNAL AGREEMENT BET-
WEEN THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION AND THE BOARD OF
COUNTY CO~1ISSIONERS OF MONROE COUNTY,
FLORIDA.
WHEREAS, The Board of County Commissioners of Monroe County,
Florida, deems it in the public interest to provide and maintain
the operation of a certain traffic signal in Monroe County on Big
Pine Key at the intersection of SR-5 and Key Deer Boulevard and
accordingly enters into the attached agreement with the State
Department of Transportation, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
1. The Board of County Commissioners of Monroe County,
Florida, concurs in the provisions of that certain agreement at-
tached hereto pertaining to maintaining the traffic signal des-
cribed in said agreement.
2. The Board of County Commissioners of Monroe County,
Florida, authorizes that said agreement be executed by the Mayor
and Chairman of said Board.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 12th day of April, A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. .. ~\~
By ~ ' ,/
MAYOR/CHAIRMAN
(SEAL)
ATTEST :DANNY L. KOLHAGE, Clerk
')
BY
:.. ,~ "
SECTION
NO.
JOB
NO.
SR
NO.
TRAFFIC
OPERATIONS
NO.
cournv
NAt1E
MUNICIPALITY
90030
5
Monroe
SR 5 and Key Deer
Blvd. (Big Pine Key
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------...---.,
TRAFFIC SIGNAL AGREEMENT
THIS AGREEMENT, made and entered' into thi~
25th
day of
July , 19~, by and between the State of Florida Department of
Transportation, an Agency of the State of Florida, hereinafter called the
IIDepartmentll and the
Monroe County
FLORIDA, hereinafter called the "Publ ic Bodyll.
WIT N E SSE T H:
WHEREASy the construction and maintenance of a traffic signal, or sig~als,
is necessary for safe and efficient highway transportation at the location or
locations as described in Exhibit "All, 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 System:
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of the
premises and ~he 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 the traffic signal(s) is to be performed by
either the Public Body or under the supervision of the Department, the construc-
tion 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 pf the installation and in the case of construction
contracts. its conditional acceptance>> the Public Body shall assume 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 connection with the operation thereof.
4. The Public Body shall maintain the signal installation in accordance
\1ith 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 installatio~ to a
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"Department of Transportation Traffic Signal Maintenance Log" or an approved
equivalent log.
5. It is hereby understood and agreecl 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
made 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 b~ such that the
traffic will be properly handled at the time of the completion of the in5talla-
tion of the signals. Necessary modifications in timing or minor circuitry may
. .
be made by the Public Body to accommodate t~e 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 expeditious traffic flow in the State Highway System, if
modification in timing and the circuitry or phasing is specified by the
Department,. implementation of such modifications shall be coordinated through
the Public Body.
7. The Publi.c 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 \'lritten acknowledgement from
the Public Body.
8. Each party does . hereby indemnify and hold harmless each other
from all liability, claims and judgement (including attorney's fees) arising
out of work undertaken by any party pursuant to thi s agreement, or due to the
negligent acts or omissions of such party, their contractors, subcontractors,
employees, agents or representatives, respectively. except as otherwise covered
by bonds or insurance.
"
9. It 1S understood and agreed by the parties hereto trldl. this agreement
shall remain in force during the life of the originally installed equipment and
any replacement equipment installed by the mutual consent of the parties hereto.
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 TRANSPORTATION
--~_._-~
BY:
Director of Maintenance
BY:
Executive Secretary
(Seal)
PUBLIC BODY
BOARD OF mUNTY COMMISSIONERS
OF illl'ffiOE COUNTY, FIDRIDA
PUBLI C 'W:>PJ<S DEPAR1MENr
Clerk
BY:
BY:
Mayor/Chainnan
(SEAL)
Attest:
RECOMMENDED FOR APPROVAL:
D.O.T. Contract Manager
APPROVED AS TO FORM, LEGALITY & EXECUTION
D.O.T. Attorney
.. '
EXHIBIT "A"
MAINTENANCE AGREEMENT
TRAFFIC SIGNALS
This Exhibit IIN' forms an integral part of that certain Traffic Signals
Maintenance Agreement between the State of Florida Department of Transportation and
the
~1onroe County
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1984.
, dated
LOCATION OF TRAFFIC SIGNAL INSTALLATIONS:
SR 5 and Key Deer Blvd. (Big Pine Key)
STATE
JOB
NO.
SR
NO.
TRAFFI C
OPERATIONS
NO.
90030
5
LOCATION:
July 25
SR 5 and Key Deer Blvd. (Big Pine Key)