74-06
P'~
RI::~OI.U'I'1pN NO. 74-f~
RESnLU'rxOr7 11U'.CIIORI'LING TI1L•' EY.I:CUTxON
OF TIIL•' 7'RI1I~'I'IC SIGfJ11I,S f111IN`1`EN1'~NCI;
AGItL'F:I.IENT I3I;Tir?1:I;rJ TIII: 5`1'Ie'L'L 01? FLORID71
DEPARTt~1ENT OF ~`IZIINSPORTII'.PION 1~ND The City of
__gtlantic $each, Florida
On motion of Comtniasioner Robert Rosborough , seconded by
Coe~isaioner Robert'Cook , the fo11o4~ing resolution was adopted:
WHEREAS ,'The Cit of Atlantic Beach ,deems it in the public
P lic Body .
fntertst to maintain and pay electrical costs for the operation of
• traffic s3.gna1 or signels described in Exhibit "A" to said agree-
~-. taent, and accordingly to enter into the attached agreement with the'
~~ State of Florida Department of Transportation.
NO~V, THEREFORE, BE IT RESOLVED BY
1. •ThatThe Cit of Atlantic Beachconcurrs in the provisions
Public Body}
of that certain agreement attached hereto, pertaining to maintaining
a traffic signal installation described in Exhibit "A" to that
agreement. E ---
2. ThatThe Cit of Atlantic Beach authorizes the said
(Pu lic Body}
agreement to be executed by a legally designated officer of; this
Public Body.-
STATE OF FLORIDA
COUNTY OF AWAL
I HEREBY CE~2TIFY that the foregoing is a true and correct
copy of a Resolution adopted by _the City Commission at a
meeting held on the 13th day of _ May , A.D., 19 74,
~tz~d recorded in its minutes .
IN WITNESS WHEP.I;OF, I hereunto set my hand ahd official sea].
this ~„13t2$ay of ~~ , A.D,, la 74 ,
~•
Gloria June might, C ty Clerk
• ._
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TRAFFIC
SECTION JOB SR OPERATIONS COUNTY MUNICIPALITY
N0. NO.~ N0. N0. NAME
72000 AIA B.I. 214128 Duval Atlantic Beach
MAINTENANCE AGREEt~fEt~lT
TRAFFIC SIGNALS
THIS AGREEMENT, made and entered into this i~*~, day of
Mai 19 74 , by and between the State of Florida
De~.~artment of Transportation, an Agency of the State of Florida, hereinafter
:. ~: ~ ~ called ~ the- "Department" .and the _ city of At1 n ,ic Beach .
FLORIDA, hereinafter called the "Public Body."
. WITNESSETH:
WHEREAS, the construction and maintenance of a traffic signal, or signals,
is necessary for the 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 determined that it is in the public interest for the Public Body to assume
the responsibility for maintenance and electrical power costs incurred in the
operation of said signal installation:
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of the
.premises and the mutual covenants contained herein to be undertaken by the re-
spective 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,. and will be installed under Department supervision, with the actual method
of Construction and financing determined by the Department's policies, budget, and
agreement or agreements which it may have with this or another governmental unit
relating to the financing and construction thereof.
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2. That the Public Body shall, upon completion of the installation and -
acceptance by the parties hereto, assume the sole responsibility for the
maintenance and continuous operation of said signal installation and the pay-
meet for all costs for electricity and electrical charges incurred in connection
. with the operation thereof. - -
3. The Public Body shall maintain the signal installation in accordance
w#th 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 "De-
partment of Transportation Traffic Signal maintenance Log" or an approved
equivalent log.
4. That the equipment shall remain the property of-the Department, and it
is hereby understood and agreed by the parties hereto that the Public Body may
remove any component of the installed equipment for repair but the Public Body
shall not, under any condition, permanently remove the main frame of the control
- unit without the express written permission of the Department.
5. 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 circuity may be mace by the ••..~
Public Body to accommodate the changing needs of traffic but the Department re- ~:. .
serves the right to examine the equipment at any time, and after due consulta-
~tton with the parties hereto, specify timing and phasing that will provide a safe
~'~ and expeditious traffic flow in the state fiighway system.
6. The Public Body shall not modify the equipment to provide additional
phases or intervals without written permission from the Department.
7. The Public Body hereby agrees to indemnify, defend, save and hold harm-
- ?ess the Department for all claims, demands, liabilities and suits of any nature
Nhatsoever arising out of, because of, or due to the breach of this agreement by
- ~ the Public body, its agents or employees, or due to any act or occurrence or
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omission or commission of the Public Body, its agents or employees. It is
specifically understood and agreed that this indemnification agreement does
not cover or indemnify the Department,or its agents or employees, for its own
negligence or breach of contract.
8. It is mutually agreed that the Department's Director of Road Operations
shall decide all questions, difficulties and disputes of any nature whatsoever
that may arise under, or by reason of this agreement, the prosecution and ful-
fil)ment of the services hereunder and the character, quality, amount and value
thereof; and his decision upon all claims, questions and disputes shall be final
. and conclusive upon the parties hereto.
9. It is understood and agreed by the parties hereto that 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, provided however that additional or replacement equipment purchased and
installed wholly at the expense of the Public Body in accordance with this pro-
vision shall remain the property of the Public Body.
IN WITNESS l~NEREOF, the parties hereto have caused these presents to be
:,
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executed, the day and year first above .written.
WITNESSES:
s to a partment
~.
Asdto the Public Rody
Rpproved:
Director of Road Operations
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Director of Administration
BY: (SEAL)
Executive Secretary
PUBLIC
~:.
8
Title• Mayor-Commiesion~r
ATTEST: AL)
Gloria ~une Knight
City Clerk _
Approved as to form, legality
and execution.
ntas ate
ss~stant ttorney
/ '
EXNIQIT "A"
• MAItiTENANCE AGREEI~E~IT
TRAFFIC SIGPIALS
Th1s Exhibit "A" forms an integral part of that certain Traffic Signals
Ma~ntenartce Agreement between the State of Florida Department of Transportation
and the City of Atlantic Beach
. .....Dated...... ... ~.,..~ .~19~ ..~- ~ ~ ...
LOCATION OF TRAFFIC SIGNAL INSTALLATIONS:
STATE TRAFFIC
JOB SR QPERATIOYS
• N0. „~,,, NO . H0.
72f)00 ASA B.I.214128
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~-...:
(SCHOOL)
LOCATION:
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at Jackson Rd.
at Church Rd. i
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