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750.010.22 <br /> • �" ,� �' -TRAFFICOPERATION5 <br /> 05/02 <br /> .I_ <br /> CONTRACT NO. <br /> FINANCIAL PROJECT NO. <br /> F.E.I.D.NO. <br /> STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br /> TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT <br /> THIS AGREEMENT, made and entered into this day of ,by and between the Florida <br /> Department of Transportation,an agency of the State of Florida, herein called the"Department",and Indian River County Florida, <br /> herein called the"Maintaining Agency". <br /> WITNESSETH: <br /> WHEREAS,the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and <br /> operation of traffic signals or signal systems on the State Highway System,and the Department is authorized under Sections 334.044 <br /> and 335.055, Florida Statutes,to enter into this Agreement; and <br /> WHEREAS,the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement. <br /> NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein to be undertaken by the <br /> respective parties hereto,and for other good and valuable consideration,the sufficiency of which is hereby acknowledged,the parties <br /> mutually agree and covenant as follows: <br /> 1.The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals,traffic <br /> signal systems (central computer, cameras,message signs,and communications interconnect),school zone traffic control devices, <br /> intersection flashing beacons,illuminated street name signs,and the payment of electricity and electrical charges incurred in <br /> connection with operation of such traffic signals and signal systems upon completion of their installation.The Department agrees to pay <br /> to the Maintaining Agency,an annual compensation based on Department's fiscal year for the cost of the maintenance and continuous <br /> operation of full traffic signal locations as identified in Exhibit A.Flashing beacons,emergency signals,and school zone signals are not <br /> included.Payments will be made in accordance with Exhibit B.Should the Maintaining Agency withdraw from the compensation portion <br /> of this Agreement,the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items.In <br /> the case of construction contracts,the Maintaining Agency shall be responsible for the payment of electricity and electrical charges <br /> incurred in connection with the operation of the traffic signals and signal systems,and shall undertake the maintenance and continuous <br /> operation of said traffic signals and signal systems upon final acceptance of the Installation by the Department. Prior to any acceptance <br /> by the Department,the Maintaining Agency shall have the opportunity to inspect and request modifications/corrections to the <br /> installation(s)and the Department agrees to undertake those prior to acceptance so long as the modifications/corrections comply with <br /> the contract and specifications. Repair or replacement and other responsibilities of the installation,contractor and the Department, <br /> during construction,are contained in the Department's Standard Specifications for Road and Bridge Construction. <br /> 2.The Maintaining Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe <br /> and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal <br /> Signal Association(IMSA)and operational requirements of the Manual on Uniform Traffic Control Devices(MUTCD),as amended.The <br /> Maintaining Agency's maintenance responsibilities shall include,but not be limited to, preventive maintenance(periodic inspection, <br /> service and routine repairs),and emergency maintenance(trouble shooting in the event of equipment malfunction,failure,or damage). <br /> The Maintaining Agency shall record its maintenance activities In a traffic signal maintenance log. <br /> 3.The Maintaining Agency may remove any component of the installed equipment for repair;however,it shall not make <br /> any permanent modifications and/or equipment replacements unless the equipment provided is capable of performing at minimum the <br /> same functions.The Department shall not make any modifications and/or equipment replacements without prior written notice to the <br /> Maintaining Agency. <br /> 4.The Maintaining Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the <br /> Department's timing and phasing plans,specifications,or special provisions.The Maintaining Agency shall obtain prior written approval <br /> from the Department for any modification in phasing of signals. Signal system timings(cycle length,split,offset)are considered <br /> operational settings and may be changed by the Maintaining Agency to accommodate the changing needs of traffic. The Maintaining <br /> Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional <br /> Engineer and be contingent upon an engineering report or documentation of engineering judgment prepared by,or for,the Maintaining <br /> Agency in accordance with Section 1A.09, Engineering Study and Engineering Judgment,of the MUTCD,recommending such changes <br /> by a qualified Professional Engineer registered in the State of Florida.The Maintaining Agency shall make available a copy of the <br /> timings to the Department upon request. The Department reserves the right to examine equipment,timing and phasing at any time <br />