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Home My WebLink AboutResolution No. 1988-43 MICROFILMED JUNE 89 RESOLUTION NO. 88-43 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL MAINTENANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of Cape Canaveral deems it in the public interest to provide for the maintenance and operation of certain traffic signals along the State Highway System within the City of Cape Canaveral, and to enter into the attached agreement with the State of Florida, Department of Transportation; and ''+ WHEREAS, the City concurs in the provisions of the certain ;i agreement attached hereto, pertaining to the design , install- ation, maintenance, and operation of traffic signals or signal ' . systems along the State Highway System as identified in the approved "request orders" as provided under said agreement; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1 . The Mayor and City Clerk are hereby authorized to execute an agreement with the State of Florida Department of Transportation for traffic signal maintenance; a copy of which is attached hereto and made part hereof by reference. SECTION 2 . The City Manager is authorized to legally acknow- ledge and approve lists of signalized intersections and equipment which are contained in "request orders" from the Department of Transportation as provided for under the agreement. SECTION 3 . This Resolution shall become effective immediate- ly upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 6th day of September , 1988. 40 - //ie lk: ayor AT'TT: 1 NAME YES NO HO OG X- :,:ii ^ KIDD X ty Cerk ,� LEE X MILLER X Approved as to Form: RANDELS X City At •.rn .e.,a. a,...,e,�. TRAFFIC SIGNAL MAINTENANCE AGREEMENT THIS AGREEMENT. made and entered Into this �� day of 5 emb 1910 by and between the Florida Department of Transportation, an agency of the State of Florida, herein called the "Department", and The city of Cape Canaveral Florida, a political subdivision of the Stale 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 Slate 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 Slate 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 hes favorably 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. 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 charge Incurred in connection with the operation of the traffic signals and signal systems beginning with the burn-in period following conditional accep- lance 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. Repairer 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 Ina 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 MUT D, as amended. The Maintaining Agency's maintenance responsibilities shall Include, but not be Ilmlted to, preventiv9zaintenance (periodic Inspection, setvice 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 malnlenanceactivitles Ina traffic signal maintenance log which shall contain, as a minimum, traffic signal log details 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 Depart- ment. Conversely, the Department shall not make any modifications and/or equipment replacements without prior written notice to the Maintaining Agency. v . r FORM 74910 • Q I .. + 12/87 Page2ot2 , 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 1A-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 Depart- ment specifies modification in timing and/or phasing circuitry, implementation of such modifications shall be coordi- nated with, or made by, the Maintaining Agency. 8. The Maintaining Agency shall place a copy of the Department's letter approving any modification or replace- ment 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, the Maintaining Agency shall indemnify, defend, save and hold harmless any joint pole owners from all claims,demands,suits, liabilities,damages, losses,and expenses,for bodily injury or death to persons or damage to property resulting in connection with the performance of the above described responsibilities by the Maintaining Agency, its contractors, subcontractors, agents, employees or representatives, and subject to limita- tions set forth in Section 768.28(5), Florida Statutes, (1985). IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed,the day and year first above written. City of Cape Canaveral FLORIDA Maintaining Agency Maintaining Agency, Seal / > Title: Mayor Attest: i l XL APPROVED: e OW A orney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Department Seal B �G /t ''t `-'1'44----- Y: Q"% Title: —S.) i.Sjt" ire r c V^ — CD P P Y'riA 10■1,5 Attest: *I‘J•ni_ r3, ) , , APPROVED: l / Attorney yeff_