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<br />1,1 TRAFFICOPtRA710N1
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<br />tit comiUct NO,
<br />! rINANCM PROJECT NO.
<br />rX I'm NO.
<br />STATE OF FLORIDA DEMATMErn 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 />rfda
<br />Department of Transportation, an agency of the Slate of Flo, herein called fhe "Department, anIndian River County Florida,
<br />herein called the `Maintaining Agency".
<br />WITNESSETH:
<br />WHEREAS, the Maintaining Agency has tine 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 Statutos, to enter Into this Agreement; and
<br />WHEREAS, (he Maintaining Agency has authorized its undersigned roprOsentativo to enter into and execute this Agreement.
<br />NOW, THEREFORE, in consideration of the premises and the mutual covenants contained heroin to be undertaken by the
<br />respective parties hereto, and for other good and valuable consideration, tine sufficiency of which is hereby acknowledged, the parties
<br />mutually agree and covenant as follows:
<br />1. The Maintaining Agency shalt be responsible for the maintenance and conllnuous operation of the traffic signals, traffic
<br />signal systems (central computer, eamoras, message signs, and communications interconnect), school zone traffic control devices.
<br />intersection fleshing 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 Departnont's fiscal year lot 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 S, Should the Maintaining Agency withdraw from the compensation portion
<br />of this Agreement, the Maintaining Agency will soil be responsible for the maintenance and continuous operation of the above Items. in
<br />Ilia 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 010 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 Daparimenl. Repair at replacement
<br />and other rosponsibilitiae of the Installation contractor and the Department, during construction,: are contained in the Deparbnont's
<br />Standard Specifications for Road and Bridge Construction.
<br />2. The Maintaining Agency shalt maintain and operate the traffic signals and signal systems in a manner that will ensure safe
<br />and efficlent movOmont Of highway traffic and that Is consistent with maintenance practices proscribod by the International Municipal
<br />Signal Association (IMSA) and operational requirements of the Manual an Uniform Traffic Control Devices (MUTCD), as amended. Tho
<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 Ilio
<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 and signal systems to accommodate changing needs of traffic. The
<br />Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a quails.
<br />Professional Engineer and be contingont upon an engineering report or documentation of engineering judgment prepared by, he
<br />tied
<br />or for, t
<br />Maintaining Agency in accordance with Section 1A.09, Engineering Study and Engineering Judgment, of the MUTCD, roor for, t
<br />such changes and signed and sealed by a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency
<br />shall send a signed/sealed copy of the timings to the Department immediately after installation. The Department reserves the right to
<br />examine equipment, timing and phasing at any time and, after consultation with Iia Maintaining Agency, may specify modifications. If
<br />the Department specifies modification in timing andtor phasing, Implementation of such modifications shall be coordinated with, or
<br />made by, the Maintaining Agency.
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