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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