Res 52-00A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE HIGHWAY
LIGHTING AND GENERAL MAINTENANCE AGREEMENT.
WHEREAS, the State of Florida Departmem of Transportation (Department), is constructing or
reconstructing a portion of the lighting system from the east approach to the west approach of the bascule
bridge on Atlantic Avenue, which shall call for the relocation or installation of Highway lighting
facilities along Atlantic Avenue; and,
WHEREAS, the City shall furnish certain decorative light poles and fixtures for this project and
shaI1 maintain the light poles and fixtures as well as certain other underdeck lighting _and pedestrian
walkways in accordance the terms of the Highway Lighting and General Maintenance Agreement; and,
WHEREAS, the City Commission of the City of Delray Beach, Florida desires to enter into the
Agreement, hereby approves the Agreement, and authorizes the execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitals set forth above are hereby incorporated as if fully set forth herein.
Section 2. This resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on the 11 th day of July
,2000.
ATTEST:
{2ity Clerk
MAYOR
Page 1 of 3
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PROJECT AGREEMENT
HIGHWAY LIGHTING AND GENERAL MAINTENANCE
(Municipal)
WPI # / FP # SECTION # STATE RD. COUNTY NAME PAR & JOB FAP NO.
NO.
229772-1-56-01 93030-6512 806 Palm Beach N/A N/A
THIS AGREEMENT, made and entered into this day of ,20 , by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the CITY
OF DELRAY BEACH , a municipal corporation, hereinafter referred to as the CITY.
WITNESSETH:
WHEREAS, the CITY by Resolution adopted on , has requested the DEPARTMENT
to purchase and install a Highway Lighting System on that portion of State Road No. 806 described as Atlantic
Avenue in Palm Beach County, Florida.
AND WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the lighting
system designated by the DEPARTMENT as Job No. 93030-6512 , Road No. 806 from Atlantic Avenue east
approach of Bascule Bridge to west approach of Bascule Bridge , which shall call for the adjustment, relocation and/or
installation of Highway Lighting facilities along said highway,
AND WHEREAS, the DEPARTMENT and the CITY have determined that it would be to the best interest of the
general public and to the economic advantage of both parties to enter into a JOINT PROJECT providing for such work,
NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar each to the other in
hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mutual covenants hereinafter
contained, it is agreed by the parties as follows:
1. The DEPARTMENT agrees to prepare plans and specifications for the work involved, and advertise for bids
for the equipment and materials. The decision as to the type and make of equipment purchased will be the DEPARTMENT's
sole responsibility. The CITY will provide 4 decorative light poles and fixtures to be installed by the FDOT contractor.
2. All of the work on the lighting system is to be done according to the plans and specifications of the
DEPARTMENT which plans and specifications are, by reference hereto, made a part hereof. The DEPARTMENT will be
responsible for performing the completed installation. The FDOT is responsible for constructing the underdeck lighting, the
sidewalk/pedestrian facility and installing sod on the embankment.
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3. The DEPARTMENT will provide the necessary engineering supervision to assure construction is in
compliance with the plans and specifications hereinabove referred to, and will perform the final inspection of the completed
project.
4. The CITY agrees that the equipment of the lighting system shall remain the property of the DEPARTMENT,.
and it is hereby understood and agreed that the CITY shall not, under any condition, remove the equipment which is the
subject matter of this Agreement for any reason without permission and written consent of the DEPARTMENT.
5. The CITY further agrees upon completion of the installation, to assume sole responsibility for the
maintenance of said lighting system in accordance with the DEPARTMENT's policies and "Standard Specifications for
Highway Lighting", newly installed turf (sod), and underdeck lighting as well as maintaining the walkway under the west
side of the bridge.
6. The CITY further agrees to be responsible for the payment of all cost for electrical power and/or other
electrical charges incurred in connection with the operation of the completed lighting system.
7. To the extent permitted by law, the CITY shall indemnify, defend, save harmless and exonerate the FDOT,
its officers, agents and employees from all liability, claim, loss, damage, cost charge, expense and demands arising our of
the Utility Work due in whole or in part to conditions, actions, or omissions done or committed by the CITY , or its
contractors, subcontractors, employees, agents or representatives. It is specifically understood and agreed that
indemnificatio~a floes not cover otLndemnif~ the FDOT for its own ~lig~ o q of contract.. ~tla±n
contained herein snaxx De oeemeo a waiver ~?~ ~ soverel~ immunity
pursuant to F.S. 768.28.
8. All qervices and work under the construction contract shall be performed to the satisfaction of the
,DEPARTMENT's Director of Construction and he shall decide all questions, difficulties and disputes of whatever nature,
which may arise under or by reason of such contract for highway righting; the prosecution and fulfillment of the services
thereunder, and the character, quality, amount, and value thereof; and his decision upon all claims, questions, and disputes
thereunder shall be final and conclusive upon the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized
officer, and their official seals hereto affixed, the day and year first above written.
MUNICIPALITY: CITY OF DELRAY BEACH
BY:
Title:
ATTEST:
Title:
(SEAL)
Approved as to form and
legal sufficiency:
City Attorney
FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
Tide:DISTRICT SECRETARY
ATTEST:
Executive Secretary
Legal Review: Date:
(SEAL)
BY:
Attorney - FDOT
REVIEWED
BY:
DATE:
Utilities Office
[ITY OF DELRI:IY BEI:I[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
F t 0 R I D A
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561,/243-7090 · FACSIMILE 561/278-4755
Writer's Dtrect Line: 561/243-7091
Ali. America City
1993
DATE:
TO:
FROM:
MEMORANDUM
June 30, 2000
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT:
Highway Lighting and General Maintenance Agreement
for the Approaches to the Atlantic Avenue Bascule Bridge
Enclosed is a copy of an agreement and resolution for the installation and construction of
lighting along the approaches to the Atlantic Avenue bascule bridge as well as the
construction of a pedestrian walkway underneath the west side of the bridge. The
Agreement provides that the City shall provide 4 decorative light poles and fixtures. The
Agreement further provides that the City shall have the obligation to maintain these light
poles and fixtures as well as underdeck lighting, pedestrian sidewalks or walkways and
sod that will all be installed by FDOT's contractor. The City will assume the
maintenance responsibilities once the construction is completed.
Please call if you have any questions.
Enclosure
CC:
Alison MacGregor Harry, City Clerk
Randal Krejcarek, City Engineer