HomeMy WebLinkAbout1976-080600
RI.SO1.UTION NO. 76-80
RESOLUTION AUTHORIZING '1'111'. EXECUTION
OF THE PEDESTRIAN TRAFFIC SIGNAL.
® INSTALLATION AND MINTENANCE AGREEMENT
BETWEEN Till' STATE OF FLORIDA DERTMENT
OF TRANSPORTATION AND INDIAN RIVER
COUNTY
On motion of Com_m;s.9 over Loy seconded by
Commissioner Wodtke the following Resolution was
adopted:
WHEREAS, INDIAN RIVER COUNTY , deems it in the public
L1'Ub11C Body)
interest to install, maintain and pay electrical costs for the
operation of pedestrian traffic signal described in Exhibit "A"
to said agreement and, accordingly, to enter into the attached
agreement with the State' of Florida Department of Transportation:
NOW, THEREFORE, RE IT RESOLVED: �
1. That INDIAN RIVER COUNTY concurs in the provisions
- ( uu1 is 13ocT-Y-)t
of that certain agreement attached hereto, pertaining to main-
taining a pedestrian traffic signal installation described in
Exhibit "A" to that agreement.
2. That INDIAN RIVER COUNTY authorizes the said
Pu 1 is ]to yj-
agreement to be executed by a legally designated officer of this
Public Body. '
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that the foregoing is a true and correct
copy of a Resolution adopted by }n(jjgn River County at a
meeting held on the 3rd day of November A.D. 19 76
and recorded in its minutes. _
IN WITNESS WHEREOF, I hereunto set my hand and official seal
this 3rd day of November , A.D. 19 76
,- 'i`frz"i (Seal)
Clerk
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SEC11'10N JOB SR OPERATIONS COUNTY MUNICIPALITY
NUA1$I,R
. NUM1BUR -- — NAME
88010 5 INDIAN RIVER
INSTALLATION
AND
MAINTENANCE AGREEMENT
PEDESTRIAN
TRAFFIC. SIGNALS �
THIS AGREEMENT, made and entered into this day of
19 by and between the State of Florida '
Department of Transportation, an agency of the tate of Florida, herein-
after called the "Department" and the COUNTY Or INDIAN RIVER
Florida, hereinafter called the "Public Body."
19 I T N E S S E T 11
WHEREAS, the construction and maintenance of a pedestrian traffic
signal, or signals, is necessary for the safe and efficient pedestrian
movement at the location or locations as described in Exhibit "A",
attached hereto; and
1.111EREAS, the Public Body, by Resolution attached hereto and made
a part hereof, has determined that it is in the public interest for j
the Public Body to assume the responsibility for installation,
I
maintenance and electrical power costs inctt;rred in the operation of
i
said signal installation; and f
WHEREAS, the Department will furnish the pedestrian traffic signal
1
equipment necessary for the safe and efficient pedestrian movement at
the location or locations as described in Exhibit "A", attached hereto;
and
WHEREAS, the Public Body will furnish all miscellaneous equipment
such as poles, span wire, signal cable, nuts and bolts; and
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I'-111AZEAS, it will be the responsibility of the Public Ilody to
® l.i%A u►, Al equipment fu►•nisl Vil by the 141)."rtme►►t at the Department's
bort P101 ce Maintenance Yard:
® NOW, T1: AEFORE, THIS INDENTURE' WITNESSETH: That in consideration
Of the premises and the mutual covenants contained herein to be under-
taken by the respective parties hereto, the parties and each of them,
mutually agree and covenant as follows:
1. That the pedestrian 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 determined by the Department's policies and agreement or
agreements which it may have with this Public Body relating to the
construction thereof.
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 pedestrian signal i
installation and the payment 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 with 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 "Department 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 a,;reed 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 writ without the express written
permission of the Department.
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S. It is expressly understood and agreed by the parties hereto
•
that the wiring of the cabinets and the timing; of the signals will be
,,uch that the traffic will be pruperly handled at the time of the complc-
tion of the installation of the signals. Necessary modifications in
timing or minor circuitry may be made by the Public Body to accommodate
•
the changing needs of traffic but the Dcpartment reserves the right to
examine the equipment at any time, and after due consultation with the
parties hereto, specify timing and phasing that will provide a safe
and expeditious traffic flow in the .State highway 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 harmless the Department for all claims, demands, liabilities and
shits of any nature whatsoever 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 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 V;'JCr, oriby- reason of, this agreement,
the prosecution and fulfillment of- the services hereunder, and the
character, quality, amount and value thereof; and his decision upon all
claims, questions and disputes shall bo 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
of
mutual consent of the pariies hereto, provided, however, that
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udditio,►al or replacement equipment purchased and installed wholly at
tliv cxpeu:,o of the Public Body, in accordance with this provision, shall
O
remain the property of tl►e Public Body.
10. The Public Body shall, upon receipt of the Department's
•
equipment, begin construction immediately, and complete the installation
within thirty (30) working clays. The Public Body shall notify the
Department in writing when the installation of the pedestrian signal is
completed.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed, the day and year first above written.
i
WITNESSES: STATE: OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
PUBLIC BODY
�. Title Chairman
As the n i Body
Approved: ATTEST:
Director of Road Operations Approved as to form, legality
and execution:
Initials �11ate Assistant Attorney
Q
00
4001 ):X1)113I1' "A"
INSTALLATION
AND
MAINTENANCE AGREEMENT
PEDESTRIAN TRAFFIC SIGNALS
This Exhibit "A" forms an integral part of that certain
Pedestrian traffic signal Installation and Maintenance Agreement
between the State of Florida Department of Transportation and the
Dated , 19
LOCATION OF PEDESTRIAN TRAFFIC SIGNAL INSTALLATIONS:
STATE TRAFFIC
J0B SR OPERATIONS
NO. NO. NO. LOCATION
88010 5 State Road 5 (U.S.1) 1/2 Mile north of
State Road 510, SLD MP 14.9