86-R-17:o 0
RESOLUTION NO. 86-R-17
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE
A TRAFFIC SIGNAL MAINTENANCE AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANS-
PORTATION, INCLUDING TRAFFIC SIGNAL
MAINTENANCE AND OPERATION REQUEST ORDER
NO. 1; DESIGNATING THE CITY ENGINEER OR
POLICE CHIEF TO APPROVE LISTS OF SIGNAL-
IZED INTERSECTIONS AND EQUIPMENT WHICH
WOULD BE CONTAINED IN REQUEST ORDERS FROM
THE FLORIDA DEPARTMENT OF TRANSPORTATION;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, at a regular Council meeting held on March
17, 1986, the City Council unanimously agreed to enter into
an agreement with the Florida Department of Transportation
for the maintenance and operation of traffic signals or
signal systems.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA:
SECTION 1: That the appropriate officials of the City
of Edgewater, Florida, are authorized to execute a Traffic
Signal Maintenance Agreement with the Florida Department of
Transportation, including Traffic Signal Maintenance and
Operation Request Order No. 1.
SECTION 2: That copies of these documents will be
attached to this Resolution and by reference incorporated
herein.
SECTION 3: That the City Engineer or Police Chief
are designated to approve lists of signalized intersections
and equipment which would be contained in request orders
from the Department of Transportation.
SECTION 9: That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
C C�
SECTION 5: That this Resolution shall take effect
immediately upon its adoption by the City Council of the
City of Edgewater, Florida, at a special meeting of said
Council held on the 27th day of March , 1986 , and
approved as provided by law.
This Resolution was introduced and sponsored by
Councilman Prater and was read and passed by a vote of
the City Council at a special meeting held on the
27th day of March 1986 , and authenticated as
provided by law.
ROLL CALL VOTE AS FOLLOWS:
day of March ,198 6,
MAYOR _
Arrived later in meeting
MAYO
COjI6 LP L I - Z NEor
COUNCILMAN
`` ZONE TWO
.L�l� wi%'-' t
COUNCILMAI - ZON THREE '1
OUNCILMAN - ZONE FOUR (/
-2- Res. No. 86-R-17
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 10 day of
�ll rl 19EYCj by and between the Florida Department of
Transportation, an agency of the State of Florida, herein called the
"Department", and City of Edgewater , Florida, a political subdivision
of the State of Florida, herein called the "Maintaining Agency".
WITNESSETH:
WHEREAS, the maintenance, and operation of traffic signals or signal
systems are necessary for safe and efficient highway transportation along
the State Highway System; and
WHEREAS, the Department proposes that the Maintaining Agency shall
maintain and operate traffic signals and signal systems at certain
locations along the State Highway System; and
WHEREAS, the Maintaining Agency, by Resolution attached hereto and
incorporated herein, and the Department, by this Agreement, have determined
that it is in the public interest for the Maintaining Agency to maintain
and operate traffic signals and signal systems at certain locations along
the State Highway System.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants contained herein to be undertaken by the respective parties
hereto, the parties mutually agree and covenant as follows:
1. When the District Traffic Operations Engineer of the Department has
served a request order on the Maintaining Agency, and the designated
officer of the Maintaining Agency named in the Resolution accompanying this
Agreement has favorable acknowledged the request order, the Maintaining
Agency shall undertake the responsibilities to maintain and operate
existing or new traffic signals and signal systems mentioned in the request
order.
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2. Prior to installation of new traffic signals and signal systems,
the proposed functional design and operation thereof shall be coordinated
with, and reviewed by, the Maintaining Agency. Such design and operation
will be as energy efficient as possible.
3. Regardless of whether the installation of new traffic signals and
signal systems is performed by the Maintaining Agency or the Department,
such installation shall not endanger highway travel and shall be conducted
in accord with Part VI of the Manual on Uniform Traffic Control Devices
(MUTCD) as amended, and with all applicable Department standards,
specifications and plans governing traffic control for street and highway
construction and maintenance.
4. The Maintaining Agency shall be responsible for the maintenance and
continuous operation of the traffic signals and signal systems, and the
payment of electricity and electrical charges incurred in connection with
operation of such traffic signals and signal systems upon completion of
their installation. In the case of construction contracts, the Maintaining
Agency shall be responsible for the payment of electricity and electrical
charges incurred in connection with the operation of the traffic signals
and signal systems beginning with the burn -in period following conditional
acceptance of the signal installation by the Department, and shall
undertake the maintenance and continuous operation of said traffic signal
and signal systems upon final acceptance of the installation by the
Department. Repair or replacement and other responsibilities of the
installation contractor and the Department, during the burn -in period
between conditional and final acceptance, are contained in the Department's
Supplemental Specifications to the Standard Specifications for Road and
Bridge Construction.
5. The Maintaining Agency shall maintain and operate the traffic
signals and signal systems in a manner that will ensure safe and efficient
movement of highway traffic and that agrees with maintenance practices
prescribed by the International Municipal Signal Association (IMSA) and
operational requirements of the MUTCD, as amended. The Maintaining
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Agency's maintenance responsibilities shall include, but not be limited to,
preventive maintenance (periodic inspection, service and routine repairs),
and emergency maintenance (trouble shooting in the event of equipment
malfunction, failure, or damage). The Maintaining Agency shall provide a
sufficient number of traffic signal technicians, who are certified by the
IMSA at Level II or higher, to properly maintain and operate the traffic
signals and signal systems. The Maintaining Agency shall record its
maintenance activities in a traffic signal maintenance log which, as a
minimum, shall contain those traffic signal log details that are
recommended by the IMSA.
6. The Maintaining Agency may remove any component of the installed
equipment for repair; however it shall not make any permanent modifications
and/or equipment replacements without the prior written approval of the
Department. Conversely, the Department shall not make any modifications
and/or equipment replacements without prior written notice to the
Maintaining Agency.
7. The Maintaining Agency shall set and maintain the timing and
phasing circuitry of the traffic signals in accordance with the
Department's timing and phasing plans, specifications, or special
provisions. The Maintaining Agency may make modifications in timing and/or
phasing circuitry of signals and signal systems to accommodate changing
needs of traffic provided prior written approval is obtained from the
Department. Department approval shall be contingent upon an engineering
report prepared by, or for, the Maintaining Agency in accordance with
Section IA-4, MUTCD recommending such changes and signed and sealed by a
qualified Professional Engineer registered in the State of Florida. The
Department reserves the right to examine equipment, timing and phasing at
any time and, after consultation with the Maintaining Agency, may specify
modifications in the timing and phasing circuitry. If the Department
specifies modification in timing and/or phasing circuitry, implementation
of such modifications shall be coordinated with, or made by, the
Maintaining Agency.
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B. The Maintaining Agency shall place a copy of the Department's
letter approving any modification or replacement of equipment or any
changes in timing or circuitry in the documentation container within the
controller cabinet.
9. The Maintaining Agency may enter into agreements with other parties
pertaining to traffic signals and signal systems including, but not limited
to, agreements relating to costs and expenses incurred in connection with
the operation of traffic signals and signal systems on the State Highway
System, provided that such agreements are consistent with the mutual
covenants contained in this Agreement. The Maintaining Agency shall
furnish a copy of such agreements to the Department.
10. This Agreement shall remain in force during the life of the
original installed equipment and/or the life of any replacement equipment
installed with the mutual consent of the parties hereto.
11. To the extent permitted by law, each party shall indemnify, defend,
save and hold harmless the other from all claims, demands, suits,
liabilities, damages, losses and expenses, including reasonable attorneys'
fees, arising out of or resulting from the negligent acts of commission or
omission by such party, its contractors, subcontractors, employees, agents
or representatives. The Maintaining Agency shall not be liable for damages
arising out of injury or damage to persons cr property caused or resulting
from the sole negligence of the Department, its officers, agents, or
employees. However, nothing in this paragraph shall be construed as a
waiver of sovereign immunity by either party.
12. The Maintaining Agency shall indemnify, defend, save and hold
harmless any joint pole owners from all claims, demands, suits,
liabilities, damages, losses, and expenses, including reasonable attorneys'
fees, for bodily injury or death to persons or damage to property resulting
in connection with the performance of theabove described responsibilities '
by the Maintaining Agency, its contractors, subcontractors, agents,
employees or representatives, except that the Maintaining Agency shall not
be liable under this paragraph for such claims arising out of bodily injury
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or death to persons or damage to property to the extent that such injury,
death or damage was caused by or resulted from the sole negligence of the
Department.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
CITY OF EDGEWATER FLORIDA
aintaining Agency
Maintaining Agency
Seal
By:
Title MAYOR
Attest: —�
APPROVED: CITY CLERK/ADMINISTR170R
Attorney
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Department Seal
By:
rector
Division of Maintenance
� / A
Attest
APPROV S'
MAYtpi
At D.O.T. FISCAL APPROVED
CITY OF EDGEWATER
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State of Florida Department of Transportation
TRAFFIC SIGNAL MAINTENANCE 6 OPERATION RLQUEST OPDER No.
A.I D.O.T.
MAINTAINING AGENCY
D. 1, All signals and signal systems covered by this request order are
referenced to an agreement of record dated fL/�
Department and Maintaining Agency and no su),.p]��gr�vc mont
is required.
2. The Maintaining Agency is hereby authorized and requested to under-
take the maintenance and operation of 1 signal= or signal systems
along the State Niyhwey System as listed in PART C of this request.
order. All previously numbered and dated rogue ciders for these
sam, locations are rescinded unl.•s:: :;Pocifically oaeml tcd as follows:
C. Identification of Type of Equipment and Installations to be
Maintained and operated.
( PART C is attached)
D. APPROVALS
.............................................................................
MAINTAINING AGENCY
ACKNOWI.F.DGED AND APPROVED:
::i gnat urc: Date:April 11, 1986
( agent desna igted by resolution�
Title: olice Chief
......................................................................... I...
FLORIDA DEPARTMENT OF TRANSPORTATION
ACKNOWLEDGED AND APPROVED:
Signature: J Date 1
Title: is i• T afP' �le` [fort tnain
.............................................................................
�'•tI os: District 'Traffic Operations (original)
Maintaining Agency
R•ewasnt Control (biS 26)
State of Florida Department or Transportation
FART C
IDENTIFICATION OF TYPE OF TRAF'I-IC SIGNAL FQLIII•MF14T
and
INSTALLATIONS TO BE MAINTAINED AND OPI:RATED
n
rect Names
re-
Timed
Actuatrd
tlicrn-
Processor
Ir.ter-
Other Conrwctcdoject
No. 79010-?
aik
27, W
P. Item N.
5119080_
Avenue
" VCIAL F:QOIPML'NT to be operated and maintained: