82-SS RESOLUTION NO. 82-~
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
EXECUTION OF THE TRAFFIC SIGNAL AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF BOYNTON BEACH,
FLORIDA.
WHEREAS, the City of Boynton Beach, Florida, deems it in
the public interest to provide for the operation of certain traffic
signals on the State Highway System within the City of Boynton
Beack and to ester into the attached Agreement with the State of
Florida Department of Transportation;
NOW, THEREFORE, BE AND IT IS RESOLVED BY THE CITY
OF THE CITY OF tDYNTON BEA.CH, FLORIDA:
Section 1. The City. of Boynton 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. The City of Boynton Beach authorizes the
said Agreement to be executed by the Mayor and City Clerk of the
City of Boynton Beach, Florida.
Section 3. The City Clerk is directed to furnish a
certified copy of this Resolution to the State of Florida
Department of Transportation.'
Section 4. This Resolution shall take effect immediate-
ly~ upon its passage.
PASSED AND ADOPTED THIS 15th day of June, 1982.
CITY OF BOYNTON BEACH, FLORIDA
By
ATTEST:
~ity Clerk
(Corp. Seal)
uncil Me
T~iFFIC SIGNAL AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 19 , by and between the State of Florida
Department of Transportation, an agency of the State of Florida, hereinafter
called the "Department", and the City of Boynton Beach , Florida, hereinafter
called the "Public Body".
WITNESSETH ~
WHEREAS, 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
WHEREAS, the Public Body, bi r~-solution attached hereto and made a part
hereof, has determined that it is in the public interest for the Public Body
to maintain and operate signal installations along the State Highway System:
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of the
premises and the mutual covenants contained herein to be undertaken by the
respective parties hereto, the parties and each of them mutually agree and
covenant as follows:
1. 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
mutually acceptable to the parties hereto.
2. When installation of the traffic signal(s) is to be performed by-
either the Public Body or under the supervision of the Department, the
construction and/or installation shall non endanger travel along the roadways
involved and all operations shall be conducted in accord with the Manual on
Traffic Controls and Safe Practices (Part VI), as published by the Florida
Department of Transportation.
3. Upon completidn of the installation and,. in the case of construction
contracts, its conditional acceptance, the Public Body shall undertake the
maintenance and continuous operation of said signal installation(s) and the
payment for all costs for electricity and electrical charges incurred in
connection with 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 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.
5. It is hereby understood and agreed by the parties hereto that the Public
Body may remove any component of the installed equipment for repair. Major
permanent modifications and equipment replacements, however, shall not be made
by either party without appropriate coordination with the other party.
6. It is expressly understood and agreed by the parties hereto that the
wiring of the cabinets and the timing of the signals will be such that the
traffic will be properly handled at the time of the completion 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 Department 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. If modification in timing and the circuitry or phasing
is specified by the Department, implementation of such modifications 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 from the Department--and the
Department shall not modify the equipment without written acknowledgment
from the Public Body.
8. To the extent permitted by law, each party does hereby indemnify and
hold harmless the other from all liability, claims and judgment (including
attorney's fees) arising ou.~ of work undertaken by such party pursuant to
this agreement, or due to the negligent acts or omissions of such party,
its contractors, sub-contractors, employees, agents or representatives,
respectively, except as otherwise covered by bonds or insurance.
9. The City of Boynton Beach
hereby agrees to indemnify, defend, save
and hold 'harmless any joint-pole owners from all claims, demands, liabilities
and suits for bodily injuries or death to persons or damage to property
resulting in connection with the performance of the described work by
the City of Boynton Beach , its sub-contractors, agents or employees.
This indemnification shall not exceed the sum of $!,000,000 for bodily injury
or death of persons for any one occurrence or $300,000 for property damage
for any one occurrence where such amounts are in accord with applicable law.
10. 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 installmd by the mutual consent of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto ha~e caused these presents to
be executed, the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
Director of Administration
Executive Secretary
PUBLIC BODY
By:
(SEAL)
Title:
ATTEST:
Approved:
Approved as to form, legality and
execution:
(Date)
Attorney
EXHIBIT "A"
MAINTENANCE AGREEMENT
TRAFFIC SIGNALS
This Exhibit "A" forms an integral part of that certain Traffic
Signal Maintenance Agreement between the State-of Florida Department
of T?ansportation and the City of Boynton Beach
dated ,
, 19
State Project State Road Traffic
Number Operations
Number Number
8O4
Section 93200
Location
SR-804 (Boynton West Road/
N.'W. 2 Avenue) at
Fire Station (N. E. 1 Street)
- Flashing Beacon