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<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
<br />TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
<br />CONTRACT NO.
<br />750-010-22
<br />TRAFFIC OPERATIONS
<br />4/14
<br />Page 1 of E
<br />FINANCIAL PROJECT NO. 42780428801
<br />F.E.I.D. NO. 596000674056
<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
<br />Florida, herein called the "Maintaining Agency".
<br />WITNESSED:
<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 signal
<br />structures (including signal mast arm structure or strain pole), traffic signal systems (central computer, cameras, message signs,
<br />communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software),
<br />and control devices (intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons
<br />(school zone flashing beacons, pedestrian crossing beacons, Rectangular Rapid Flashing Beacons), emergency/fire department
<br />signals and speed activated warning displays). The Maintaining Agency shall be responsible for the payment of electricity and electrical
<br />charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of their
<br />installation. All traffic signals and control devices mentioned in this paragraph shall hereafter be referred 10 'Traffic Signals and
<br />Devices'.
<br />2. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Department's fiscal year for the
<br />cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A. Payments will be made
<br />1 accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement, the
<br />`„�, iaintaining Agency will still be responsible for the maintenance and continuous operation of the above items. In the case of
<br />construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in
<br />connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of said
<br />Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any acceptance by the Department,
<br />the Maintaining Agency shall have the opportunity to inspect and request modifications/corrections to the installation(s) and Department
<br />agrees to undertake those prior to acceptance so long as the modifications/corrections comply with the contract and specifications
<br />previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the
<br />installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and
<br />Bridge Construction.
<br />3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and
<br />efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal
<br />Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended.
<br />4. The Maintaining Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic
<br />inspection, service and routine repairs) and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or
<br />damage). Restoration of services may include temporary poles, stop signs or other methods to maintain traffic. The Maintaining Agency
<br />shall record its maintenance activities in a traffic signal maintenance log.
<br />5. The Department intends to conduct an inspection of the mast arm structures and strain poles every 60 months. The inspection
<br />report will document deficiencies that necessitate preventative maintenance and periodic maintenance. Preventative maintenance
<br />includes but is not limited to: spot painting or repainting; tightening of nuts and replacing missing or deficient bolts (not including anchor
<br />bolts); replacing missing cap covers or equivalent; cleaning; replacement of missing or deficient access hole cover plates; all wiring
<br />issues, including improper grounding; graffiti removal; all signal related issues (lighting, signs and connections); and response to traffic
<br />impact including repair and replacement of all components damaged by the traffic impact. Damaged mast arm replacement shall be
<br />repaired or replaced by the Maintaining Agency and the Maintaining Agency is authorized to seek reimbursement from the responsible
<br />3rd party. If the Maintaining Agency is unable to recover the costs from a 3rd party, then the Department intends to reimburse the
<br />Maintaining Agency for repair or replacement of the mast arm. The Maintaining Agency shall be responsible for preventative
<br />maintenance of the mast arm structures. Failure to perform preventative maintenance after notification of inspection deficiency may
<br />suit in the Maintaining Agency being responsible for the corrective actions.
<br />6. Periodic maintenance includes but is not limited to: repair of cracks in the mast arm structure; removal and/or repair of grout
<br />pads; resetting of anchor bolts; repair or replacement of deteriorated anchor bolts and nuts; and replacement of the mast arm when it is
<br />determined through the inspection process that the mast arm has reached the end of its service life unless this is due to lack of
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