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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 -----.-- ------...---., 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 ---.-- "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 -----..--- 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)