Traffic Signal Maintenance Agreement - Provide Routine & Emergency Maintenance of Entire Traffic Signal System

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Page 2 of 42 WHEREAS, the term of the Original Contract was four (4) years, except that with mutual written consent, the Parties could continue to operate under the terms of the Original Contract; and WHEREAS, the Parties desire for the CITY to continue the work sought under the Original Contract in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the promises and the mutually dependent covenants herein contained, the Parties hereby agree as follows: ARTICLE I TERM AND PURPOSE 1.1 RECITALS. The Preamble and Recitals above are incorporated by reference into this Agreement. All captions, section headings, paragraph titles, and similar items are provided for the purpose of reference and convenience and are not intended to be inclusive, definitive, or to affect the interpretation of this Agreement. 1.2 AGREEMENT PURPOSE. The purpose of this Agreement is to provide for better coordination of the entire traffic signal system in the City of South Bend, Indiana and surrounding area and to facilitate the movement of traffic. In furtherance of such purpose, this Agreement provides for the maintenance of the traffic signals listed in Exhibit A attached hereto, incorporated by reference, and made a part of this Agreement, for the CITY to perform or have performed the work described herein, and for INDOT to compensate the CITY in accordance with the terms of this Agreement. 1.3 TERM OF AGREEMENT. This Agreement shall be for a one-year period, automatically renewable at the same terms described herein for up to a total of four (4) years. Either party can choose to not renew the Agreement by providing written notice thirty (30) days prior to the expiration of any annual term to the individuals listed in Section 3.32 below. This Agreement is effective beginning on the date approved as to form and legality by the Office of the Indiana Attorney General (the “Effective Date”). This Agreement shall replace, amend, or supersede any existing agreements relating to the work contemplated under this Agreement. This Agreement and terms and conditions herein shall remain in effect with respect to the traffic signals listed in Exhibit A only so long as the locations portrayed on Exhibit A continues to be a part of the State highway system; all flashers referenced in this Agreement will be referred to or treated as a “signal” unless another form or policy specific to flashers applies.