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AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR
<br />THIS AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR ("Agreement") is
<br />made this 2,d_ day of .Tl, , 2024, by and between the ORCHID ISLAND GOLF & BEACH
<br />COMMUNITY ASSOCIATION, INC., a Florida corporation, whose address is 1 Beachside Drive, Orchid, FL
<br />32963, hereinafter "Orchid," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida,
<br />whose address is 1801270' Street, Vero Beach, FL 32960, hereinafter "County".
<br />WHEREAS, Orchid desires to retain the services of the County's Public Works Department to perform the
<br />necessary maintenance and repairs to the traffic signals and/or other applicable devices (collectively, the "Traffic
<br />Signals") identified in Schedule `B" attached hereto, which will be installed by Orchid at the intersection of
<br />Highway A 1 A and Orchid Island Drive, in accordance with the provisions that certain AIA Document A 104 — 2017
<br />dated December __, 2023, by and between Orchid and Gerelco Traffic Controls, Inc., and;
<br />WHEREAS, it is the intent of both parties to ensure provisions for the continuous, coordinated and
<br />professional maintenance of the Traffic Signals to ensure their continuous operations; and
<br />WHEREAS, the County has an executed agreement ("County Agreement") with the Florida Department
<br />of Transportation ("FDOT") for the maintenance of traffic equipment on the State Highway System and has
<br />modified the County Agreement to include all signals as they are added onto the system; and
<br />WHEREAS, both parties agree that Orchid shall utilize painted mast arms for the Traffic Signals in lieu of
<br />galvanized mast arms.
<br />NOW, THEREFORE, in consideration of the above recitals and the mutual promises contained herein,
<br />the parties agree as follows:
<br />1. SCOPE OF WORK
<br />A. The County shall provide all labor, equipment, and materials, including preventative maintenance
<br />activities, at the rates specified in Schedule "A" attached hereto, as may be reasonable and necessary to maintain in
<br />good operating condition, or to repair, replace, reconstruct, and/or restore to good operating conditions all of the
<br />Traffic Signals. The County Agreement also includes the County's maintenance of all related hardware and control
<br />equipment in relation to the Traffic Signals, once such hardware and/or control equipment is installed by the
<br />contractor and approved for operation by FDOT. All work to be performed hereunder by the County shall be done
<br />in a skillful and workmanlike manner, in accordance with accepted industry practices and customs, and in
<br />accordance with all laws, rules, and regulations.
<br />B. The County shall be free to determine the design, style, make model, manufacturer, or other specification
<br />of any material or equipment used or provided hereunder subject to any applicable law, rule or regulation, and the
<br />provisions of the County Agreement (including any amendment thereto).
<br />C. Any traffic signal design modifications developed by the County as part of this Agreement for portions
<br />of the traffic system serving Orchid shall be reviewed and approved by Orchid (such approval to not be unreasonably
<br />withheld or conditioned), and Orchid shall have the option of substituting the County's proposed modifications,
<br />equipment, and/or materials with equal or better modifications, equipment and/or materials. Orchid shall be
<br />responsible for any additional reasonable costs incurred in connection with such approved modifications or
<br />substitution. Any traffic signal design modifications developed by the County for portions of the traffic system not
<br />serving Orchid, shall be paid for by either FDOT or the County.
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