Res 113-80 RESOLUTION NO. 113-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRA~ BEACH, FLORIDA, AUTHORIZING THE EXECUTION
OF THE TRAFFIC SIGNAL AGREEMENT BET?~EEN THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE
CITY OF DELRAY BEACH.
WHEREAS, the City of Delray Beach deems it in the public in-
terest to provide for the operation of certain traffic signals on the
State Highway System within the City of Delray Beach and to enter into
the attached aggeement with the State of Florida Department of Trans-
portation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Delray Beach
concurs in the provisions of· that certain agreement attached hereto
pertaining to the design, installation, operation and maintenance of a
traffic signal installation described in Exhibit "A" to that agreement.
Section 2. That the City Council of the City of Delray Beach
authorizes the said agreement to be executed by a legally designated
office of this Public Body.
PASSED AND ADOPTED in regular session on this the 25th
day of November , 1980.
M A Y O'R
LEON M. WEEKES
ATTEST:
City Clerk
TRAFFIC SIGNAL AGRE~E.N~
THIS AGREEMENT, made and entered into this day of
, 19 ~, by and between the State of Florida Department
oz' Transportation, an agency of the State of Florida, hereinafter called the
"Department," and the City of Delray Beach , Florida, hereinafter called
the "Public Body."
W I T N E S S ET H:
WT{EREAS the construction and maintenance of a traffic signal, or signals,
is necessary for safe and efficient highway transportation at the location,
or locations, as described in Exhibit "A", attached hereto; and
%,~EREAS t.he Public Body, by resolution attached hereto and made a part
hereof, has determined that it is in the public interest for the Public Body
tc maintain and operate signal installations along the State Highway System:
NO~{, THEREFORE, THIS INDE}~URE WITNESSETH: That in consideration of t_he
premises and the mutual covenants contained herein to be undertaken by the
respective parties hereto, the parties, and each of theme, mutually agree and
coveDant as follows:
I. That the traffic signal, or signals, at the locations 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 mutuall?
acceptable to the parties hereto.
2. ~nen installation of the traffic signal(s) is to be performed by e~t_her
the Pv. blic Body or under the supervision of the Dei~ar~ent, the construction
and/or installaticn shall not endanger travel along %he roadway? involved and
all operations shall be conducted in accord with the Manual on Traffic Controls
and Safe Practices (Part VI), as [~ublished by the ?iorida Department of Transpor-
tation.
3. Ur. on completion of the installation and in th~~ case of construction
cont~racts, its conditional accept-~nce, th.a Public ~%od¥ .~ball undertake th~
maintenance and continuous operat].on of said sit,al installation(s) and the
payment for all costs for electricity and electrical charges [ncurrcd in
connection witk the operation thereof.
4. The Public Body shall maintain the signal installation in accordance
with Department policies and to a level of maintenance that will pr. ovide
minLm,.-- haza, rd to mo:,ement of traffic. In this regard, ~_h.e Public Body shall
record maintenance activities relative to said traffic signs~ installation to
a "Depar~ent of Transportation Traffic Signal :~aintenance Loq" or an approved
e¢;.uiva!ent log.
5 It is hereby understood and agreed by the parties hereto that the Public
Body may remove any component of ~b.e installed equipment for repair. Major
permanent modifications and equipment replacements, however, shall not be made
by either party ~'ithout appropriate coordination with the other party.
O. It is expressly understood and agreed by the parties hereto that the
wiring of t~he cabine'.s and the timin? of the signals will be such that the
traffic will be properly handled at the time of the completion of the
installation of t~]e signals. Necessary modificatior, s in timing or minor
circui=ry may be made by the Public Ecdy to accom~.odate the changing needs of
traffic, but the Depar~ent reserves the right to examine the equipment at'
any time and, after due consultation with the parties hereto, ?~pecify timing
and .phasing tha't will provide a safe and expeditious traffic flow in the
State Highway System. If modification in timing and the circuitry or phasing
is specified by the Department, implementation of .~uch modificazions shall be
coordinated through the Public Body.
7. The Public Body shall not modify the equipment to provide additional
phases or intervals without written permission fr~ the De~artment and the
Depar,~ment shall not modify '~he equiE~ent witi~cut written acknowledgement
from t/~e Public Body.
8. Each party does hereby ind~.3~ify and .hold ~a.~.n!e~ each cth~r from all
liability, cla]3ns and judgments (includin? attorne~..'s fees) arisinc out of
work undertaken by aRy party l'~ursuanc to this aGre~3nent or due to the negligent
acts er omissions of such party, thei~ contractors, ~]b-contzact.~.rs~, employees,
agents or represeDtatives, respectively, ex~:e~t {~.~ o~rwi~ covered bv l-~onds
or insurance.
9. The City of Delray Beach hereby agrees to indemnify, defend, save
and hold harmless any joint-pole owners from all claLms, demands, liabilities
and suits for bodily injuries or death to persons or damage to property
resulting in connection with the performance of the described w6rk by
the City of Delray Beach
, its sub-contractors, aaents or emr:loyees.
This indemnification shall not exceed the sum of $1,000,C00 for bodily injury
or death of persons for any one occurrence where such amounts are in accord
with applicable law.
10. It is understood and agreed by the parties hereto ~hat this aqreement
shall r~main in force during the life of the originally installed equipment
and any replacement equipment installed by ~he mutual consent of the parties
hereto.
IN WITNESS WHERECF, the parties hereto have caused these presents to be
executed, ~e day and year first above written.
STATE OF FLORIDA
DEPAR~4ENT OF TRANSPORTATION
By:
Deputy Secretary for Administration
By: (SEAL)
Executive Secretary
PUBLIC BODY
Title:
A'U~EST:
Approved as to form, legibility and
execution:
Date Attorney
MAINTENANCE AGRE~.ES~
TRAF/~ IC SIGNALS
This Exhibit "A" forr.~s an integral part of that certain Traffic Signal
Maintenance Agreement between t_he State of Florida Department of Transportation
and the City of Delray Beach , dated , . 19 .
TRAFFIC
STATE PROJECT STATE ROAD OPERATIONS
NUMBER ~JMBER NUMBER LOCATION
Section 93030 806 (Atlantic Ave.) SR-806 (Atlantic Ave.) at
E. 7 Avenue