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Resolution 271-1985 Edward Stickney, Director Public Works Department RESOLUTION NO.2?1 -1985 RESOLUTION AUTHORIZING THE EXECUTION OF A MASTER TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY, FLORIDA. WHEREAS, Monroe County deems it in the public interest to provide for the maintenance and operation of certain traffic signals along the State Highway System within Monroe County, and to enter into the attached agreement with the State of Florida, Department of Transportation. NOW, THEREFORE, BE IT RESOLVED 1. That Monroe County 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 Monroe County authorizes the Director of Public Works Department to legally acknowledge and approve for Monroe County 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 Monroe County authorizes the said agreement to be executed by the Mayor/Chairman of the Board of County Commissioners of Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of September, 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~'r (SEAL) Attest: APPROVED AS TO FORM AND LEGAL SUFFICIENCY. 8Y~-/i'Y~ Attorney'S Office TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITNESSETH: WHEREAS, the construction, maintenance, and operation of traffic signals or signal systems are necessary for safe and efficient highway transportation at certain locations along the State Highway System, and WHEREAS, the Department proposes that certain existing and proposed traffic signals and signal systems are to be maintained and operated along the State Highway System by the Maintaining Agency, and WHEREAS, the Maintaining Agency, by Resolution attached hereto and made a part hereof, 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 signals systems 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 Resolution to accompany this agreement has favorably acknowledged the order, the Maintaining Agency shall undertake the mainte- nance and operation of such signalized intersections and systems of signalized intersections as are included in the order and in accord with the mutual covenants contained in this agreement. 2. Prior to installation, the functional design and 1 of 4 operation of traffic signals or signal systems and components thereof, and their installation shall be coordinated with, and reviewed by, the Maintaining Agency. Such design and operation will be as energy efficient as possible. 3. Whether the installation of traffic signals or signal systems is to be performed by the Maintaining Agency or under supervision of the Department, the construction and/or installa- tion shall not endanger travel along the roadways involved and all operations shall be conducted in accord with Part VI of the Manual on Uniform Traffic Control Devices as amended and with all applicable Department standards, specifications and plans govern- ing traffic control for street and highway construction and maintenance. 4. Upon the completion of the installation and, in the case of construction contracts, its conditional acceptance, the Maintaining Ag~ncy 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 con- nection with the operation thereof. 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 in accordance with maintenance practices prescribed by the International Municipal Signal Association and operational requirements of the Manual on Uniform Traffic Control Devices as amended. Mainte- nance shall include, but shall not be limited to, preventive maintenance including periodic inspection and service, routine repairs, and emergency repairs and trouble shooting in the event of equipment malfunction, failure, or damage. The Maintaining Agency shall employ a sufficient number of traffic signal techni- cians, certified by the International Municipal Signal Asso- ciation at Level II or higher, or equivalent thereto, to ade- quately maintain and operate the signals or signal systems. The Maintaining Agency shall record maintenance activities in a traffic signal maintenance log which shall contain, as a minimum, signal log details recommended by the International Municipal Signal Association. 2 of 4 6. It is hereby understood and agreed by the parties hereto that the Maintaining Agency may remove any component of the installed equipment for repair; however, major permanent modi- fications and equipment replacements shall not be made without prior written approval of the Department. 7. 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 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 Maintaining Agency to accommodate the changing needs of traffic; provided the Department is promptly notified of such modifications. The Department reserves the right to examine the equipment at any time and, after consultation with the parties hereto, the Department may specify timing and phasing that will provide a safe_and expeditious traffic flow along the State Highway System. If modification in timing and circuitry or phasing is specificied by the Department, implementation of such modifications shall be coordinated through the Maintaining Agency. 8. The Maintaining Agency shall not modify the equipment to provide additional phases or intervals without written permission from the Department, and Department shall not modify the equip- ment without prior written notice to the Maintaining Agency. 9. It is understood and agreed by the parties hereto that the Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems; provid- ed: such agreements are in accord with the mutual covenants contained herein. The Maintaining Agency shall furnish a copy of such agreements to the Department. 10. It is understood and agreed by the parties hereto that this Agreement shall remain in force during the life of the original installed equipment and/or any replacement equipment installed with the mutual consent of the parties hereto. 11. To the extent permitted by law, each party does hereby indemnify and hold harmless the other from all damages, liabil- ities, claims, losses and expenses (including reasonable 3 of 4 attorney fees) arising out of or resulting from negligent acts, commissions or omissions of such party, their contractors, subcontractors, employees, agents or representatives, respective- ly. Nothing herein shall be construed as a waiver of sovereign immunity. 12. The Maintaining Agency hereby agrees to indemnify, defend, save and hold harmless any joint pole owners from all claims, demands, liabilities and suits for bodily injuries or death to persons or damage to property resulting in connection with the performance of the described work by the Maintaining Agency, its subcontractors, agents or employees except that the Maintaining Agency will not be liable under this section for damage arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department. 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 Department Seal By: Director of Technical Policy and Standards By: Executive Secretary MONROE COUNTY, FLORIDA Monroe County Seal By: Title: Attest: to form, legality and APPROVED: (Date) 4 of 4