Res 12-96 (crrv~.~r~.~.~v~n ~SOL~ON NO. 12- 9 6 m~ ~.~
~~ ~LOCA~ON AG~E~
~I~ PRO.CT ~ STA~ ~. CO~ DOC NO F~ ~
4118666 93010-6505 5 (US- I ~ P~ B~CH N/A N/A
A ~SOL~ON A~OR~G ~ ~'S/ ........ Enviro~ental Svcs Dep~O ~R ~O ~ AGRa.
ON B~ OF ~ ~ICCL]-~f CF DEL~Y B~CH . ~O~A. ~ ~ ~O~A D~~
OF ~SPORTA~ON FOR ~ ~OCA~ON. C~GE OR ~S~ OF ~ FAC~S LOCA~ ON STA~
RO~ 5 (US-I~
WHEREAS, the State of Florida Department of Transportation proposes to construct or reconstruct a part of State Road
~ CUS-I) : and
AND WH]SREAS, in order for the State of Florida Department of Transpomtion to further and complete said project, it is
necessaz7 that certain utility facilities alone, over and/or under said State Road ~ (US-l) be adjusted,
changed or relocated: and
AND WHEREAS, the State of Florida Department of Transportation having requested the City/C~'.un.%' of
De{ray Bench .... Florida, to execute and deliver to the State of Florida Department of Transportation a Utility Agreement,
agreeing to make or cause to be made adjustments, changes or relocations of said utility facilities as set out in said Agreement, and said
request having been duly considered;
NOW THER]EFO~ BIZ ri" RIZSOLVIZD BY TIlE CITY/COUNTY CON[MISSION OF THE CITY/COUNTY OF
QELRAY BEACH , FLORIDA:
That (lliune) William H. Greenwood , (title) Director of Environmental Services behereby
authorized and directed to execute and deliver to the Stare of Florida Department of Transportation a Utility Agreement for the adjusunent,
change or re{ocation of certain utility facilities within the [imits of said State Road ~ (US- I ~
A certified copy of this Resolution be forwarded to the State of Florida Department of Transportation along with the executed Utility
Agru'ement.
ON MOTION of Mr. Randolph , seconded by Dr. Alperin , the above resolution was introduced
and pas.sed by the City/C--o~n~y of Delra¥ Beach on the6thday of Feb. ,199~_.
MEMORANDUM
TO: Kevin Becotte, Assistant City Engineer
FROM: Alison MacGregor Harty, City Clerk~
SUBJECT: Resolution No. 12-96 & Agreements for State Road 5 (U.S.
~1) Resurf~cing Proje~
DATE: February 12, 1996
Attached are four (4) certified copies of Resolution No. 12-96
authorizing Bill Greenwood to enter into agreements with FDOT for
the referenced project. Attached to each certification is an
executed copy of both the Joint Project Agreement and the Utility
Relocation Agreement.
When you receive the fully executed documents back from FDOT,
please forward the originals to Barbara Garito in the City Clerk's
office.
Thank you for your cooperation. If you have any questions, please
call me at ext. 7050.
AMH/m
Attachments
cc: Barbara Garito, Deputy City Clerk
DELRAY BEACH
Ail-America City
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached
document is a true and correct copy of Resolution No. 12-96,
authorizing the City's Director of Environmental Services to
enter into an agreement, on behalf of the City of Delray Beach,
with the Florida Department of Transportation for the relocation,
change or adjustment of facilities located on State Road 5 (U.S.
#1). Resolution No. 12-96 was passed and adopted by the City
Commission of the City of Delray Beach, Florida, in regular
session on the 6th day of February, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
12th day of February, 1996.
Alison MacGregor/Harry
City Clerk
City of Delray Beach, Florida
SEAL
STATE OF FI-ORIDA DEPARTMENT OF'TRANSPORTATION
(CIT~, ...... ~ RESOLUTION NO 1 2- 9 6 ~o~
UTILITY RELOCATION AGREEMENT umm~
0~$
WPI# PROJECT # STATE RD. COUNTY DOC NO FAP #
4118666 93010-6505 5 (US- 1) PALM BEACH N/A N/A
A RESOLUTION AUTHOR~G THE CIT~S/ ........ Environmental Svcs DePtTo ENTER ~qTO AN AG~,
ON BEHALF OF THE CITYICC-L?;q-f OF DELRAY BK~C~ , FLORIDA, WITH TH~ FLOR/DA DEPAR~
OF TRANSPORTATION FOR THE RELOCATION, CHANGE OR ADJUSTMENT OF TH~/R FACe. ri/ES LOCATED ON STATE
ROAD 5 CJS-D
WHEREAS, the State of Florida Depamnent of Transportalion proposes to consumct or r~consu'uct a part of State Road
5 CdS-I) : nnd
AND WI-{EREAS, in order for the State of Florida Depm~ment of Trnnspormtion to further ~d complete s~d project, it is
n~mss~y that c~ain utility facili6es alone, over and/or under said State Road ~ (US-! ~ be ~djusted,
changed or relocated: and
AND WHEREAS, the State of Florida Department of Transportation having requested the City/C~.u:-.~' af
Deirav Beach , Florida, to execute and deliver to the State of Florida Department of Transportation a Utility Agreement,
agreeing to make or cause to be made adjustments, changes or r~locations of said utility facilities as set out in said Agreement, and said
request having been duly considered:
NOW THEREFORE BE IT RESOLVED BY TH]E CYI'Y/COUNTY COMMISSION OF THE CYrY/COI.TNTY OF
DELRA¥ BEACH , FLORIDA:
That (name) W±ZZ±am H. Greenwood ,(title) D±:ec:or of Env±ronmenl:aZ Serv±ces behereby
authorized and directed to execute and deliver to the State of Florida Department of Transportation a Utility Agreement for the adjustment,
change or relocation of ~rtain utility facilities within the limits of said Stat(: Road 5 VJS-13
A certified copy of this Resolution be forwarded to the State of Florida Department of Transportation along with the executed UtiLity
Agreement.
ONMOTIONof Mx;. RandoZph , seconded by Dx;. Alpe:±n , the above resolution was in~oduced
and passed by the City/C-oamr of Delray Beach on the6 thday of Feb. .199~_.
O,'L,,
/
/
19-E
RECYCT ~:r) PAPF. R
NO~~~LE
&]1.~666 93010-6505 5 (US1) Palm Beach N/A ~ N/A
TI-IlS AGREEMENT, made and entered into this , day of · ,
19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred
to as the FDOT, and the City of Delrav Beach , hereinafter referred
to as u'rIL1TY, an org~ni~Hon org'ani~ed and exisring u-der the laws of Florida ., , with its
principal place of business in Delray Beach , Cotmty of Pa%m Beach , State of Florida
W1TNESSETH:
WHEREAS, the FDOT is constructing, reconstructing or otherwise changing a portion of the State Highway
System designated by the FDOT as State Project No. 9~010-6~0~ ,
Road No. SR 5 (US 1) , betw~n Bond Way
and the Bovnton Beach Canal , which shall call for the adjustment, relocation and/or
installation of the Utility's facilities along, over and/or under said highway; and
WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as above
described, have b~_..n reviewed by the FDOT and the UTILITY, said above described UTILITY relocation,
hereinafter referred to as 'Utility Work"; and
WHEREAS, the tenn "Cost of Utility Work" shall include the entire amount paid by the UTILITY properly
attributable to such work; and
WHEREAS, the LrI'EiTY has expressed its desire to assume all costs incurred by this Utility Work and has
requested the FDOT to include in said Project certain plans and specifications to meet the UTILITY'S needs; and
WHEREAS, the FDOT and the UTILITY 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 AGREEMENT, hereinafter
referred to as "JPA," providing for such work;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is a~eed by the
parties as follows:
I. The FDOT and the UTILITY shall participate in a JPA, the scope of which will cover only the UTILITY
facility within the limits of the project as included in the plans and estimate or' the FDOT contract, more specifically
10-E
described as Adjustments to three (3) .~ni~ry m~h~l~ rn~ ...... ~ ~i-k'~ V~]Ve B~p~
· The estimated cost of said proje~ is
$ 2,~48.00 (Two thn,,~and ~:~,,~ h,,.m.om ~-ty eight m~a~ ..... ~ nm/10ft)
2. The UTIJ. ITY will prepare, ac its expense, the design and plans for all of the necessary Utility Work
specified above, and will furnish to the F'DOT no lacer than N/A ., , 19 ~ complete
original plan% same as FDCT's concrac~ plans, all suitable for reproduction by the FDOT, together with a complete.
set of specifications coverin~ all consu'uction requirements for the U~ity Work. Final plans shall be complete in
every detail and will Include a "Snmmnrly of Quantifies" sheet. It will be the responsibility of the UTKJTY to
coordinate the development of the Utility Work plans with the 1=DOT'S plans. The FDOT, upon request by the
IYrK.ITY, will furnish all available highway information required by the UTILITY for the developmen.~ of the Utility
Work plans; and the F'DOT shall cooperate fully with the UTK.~ to this end.
3. All of the work on the JPA is to be done according to the plans and specifications of the FDOT which
plans and specifications are, by reference hereto, made a par: hereof. The UTILITY will be responsible for verifying
the accuracy of the FDOT'S under~ound survey information, and will also be responsible for any changes to the
UTIL1TY'S plans made necessary by errors or omissions in the FDOT'S survey information as furnished to the
~ITY. All errors, otnissions or changes In the design of the Utility Work will be the sole responsibility of the
UTIL1TY. In any conflict between UTILrrY and FDOT specifications, the FDOT'S specifications will govern.
All Utility Work covering facflites to be relocated to a position within the FDOT right of way will be
accommodated in accordance with the FDOT "Utility Accommodation Manual."
4. The UTILITY, at its expense, will furnish all engin~ring inspection, testing and monitoring of the Utility
Work, and will also furnish the FDOT'S engineer with progress reports for diary records, approved quantifies and
amounts for weekly, monthly and final estimates. All field survey control for the Utility Work will be furnished by
the UTILITY under the supervision of the FDOT'S engineer. The coordination of the Utility Work with that of the
FDOT conu'actor and other UTILrrIES and/or their contractors will be the responsibility of the FDOT, and the
UTILITY shall cooperate fully in this 'matter. All information required for Changes or Supplemental Agreements
pertaining to the Utility Work shall be promptly furnished to the FDOT by the UTILITY upon the request of the
FDOr.
5. The FDOT will provide the necessary engineering supervision to assure construction is in compliance with
the plans and specifications hereinafter referred to, and shall receive all bids for and let all contracts for said Utility
Work all at the sole expense of the UTILrrY. All bids for said Utility Work shall be taken into consideration in the
award of bid on the FDOT Project and the UTILITY shall have the right to review and rej~t any and all bids on the
Utility Work. If said bids exceed the FDOT'S estimated cost by more than ten percent (10,5), the FDOT may
to participate In the cost Involved in the Utilit), Work. Such participation shall be limited to the difference between
the FDOT'S official estimate plus ten percent (10%) and the amount awarded for the Utiliw Work. In the event the
I'DOT does not elect to participate in the manner prescribed above and the bid is rejected by the UTILITY, then the
UTII.rl'Y shall arrange, at its own ~peme, for ~e p~mpt ~m~on o~ ~e U~li~ Work in accor~ce wi~ ~e
relo~on s~e ~~ by ~e ~. ~ ~e event ~e ~~ ele~ ~is option, ~e ~~ ~1
no~ ~e ~OT o~ ~ ~mut ~ r~umt ~e re~n~ of ~e ~epo,it~ ~nds. Upon ~e r~eipt o~ ~u~ no~ce, ~e
DOT ~1 ~end ~e bi~way ~n~ do--cum prior m awed. ~e U~ sh~l cooperate wi~ ~e ~OT'S
~n~r m s~e ~e s~enc~ of ~e ~~'S work so m not to delay ~e work or' ~e ~OT'S ~n=amor.
~e ~ sh~l defend my le~ ct~ of ~e ~OT'S ~n~r due m delays ~ by ~e ~~'S
~ ~ ~mply wi~ ~e~ r~o~on s~e, md sh~l ~mply wi~ ~I prov~ion of ~e law md ~e ~OT
"U~i~ Ac~mm~on M~." ~e ~ sh~l not be rmpomible for delays beyond im nom~ con=ol.
6. ~1 ~j~mm, r~o~om, r~ ~d ~cid~s r~ ~ be peffom~ to ~e exis~g
~ ~ ~j~ ~t ~clud~ ~ ~ ~n~ wDl be ~e ~le r~po~ibDiw of ~e ~ md wDl be hmdl~
~ z s~m ~m~t md u~i~ r~o~on s~e. ~1 su~ work is m be ~ord~ wi~ ~e ~m~on
of ~h pwj~ md ~ a m~na~ ~ w~l not ~e delay w ~e ~OT con~r.
7. Ali services and work under the construction contract shall be per/brined to the satisfaction of the
DISTRICT DIRECTOR OF OPERATIONS or designee, and he shall decide all questions, difficulties and disputes of
whatever nature, which may arise under or by reason of such contract for Utility Work; the prosecution and
fulfillment of the services thereunder, and the character, quality, amount and value thereof; and his decision upon all
ct~ims, questions and disputes thereunder shall be final and conclusive upon the parties hereto.
8. The UTK.1TY agrees that k will, at least seven (7) days prior to the FDOT'S advertising the construction
project for bid, furnish the FDOT an advance payment, including allowances, in the amount of $ 2./~/,s. oo
for payment of said Utility Work. In the event that the actual bid amount plus
allowances is greater than the amount previously provided, the ~ agrees that, within fourteen (14) calendar
days of notification by the FDOT, it shall make an additional payment so that the total amount provided prior to
award of the bid equals the bid amount plus allowances. Both parties further agree that in the event final billing
pursuant to the terms of this agreement is less than the advance payment, a refund of the excess will be made by the
FDOT to the UTILrrY and that in the event said final billing is greater than the advance payment, the UTILITY will
pay the additional amount within forty (40) days from the date of the invoice.
The payment of funds as required above will be made as follows (choose one):
Directly to the FDOT for deposit into the State Transportation Trust Fund.
Deposit as provided in the attached Memorandum of Agreement (Exhibit A) between UTILITY,
FDOT, and the Florida Department of Insurance, Division of Treasury.
9. Upon completion and acceptance of the work, the UTILITY shall own, control, maintain and be
responsible for all of its facilities, according to the terms of the utility permit. The UTILITY further agrees to
comply with all provisions of the FDOT 'UtiIity Accommodation Manual."
10. The ~ covenants and a~rees that it shall, to the extent pertained by law, indemnify, defend, save
and hold hannle~ the FDOT from any and all legal actions, ci2im~ or demands by any person or legal entity against
the FDOT arising out of the joint participation in this Agreement.
11. Upon final payment to the contractor for the entire project, the FDOT shall, within one hundred eighty
(180) days, furnish the UTILITY with two (2) copies of its final and complete billing of all cost incurred in
connection with the work performed hereunder, such statement to follow as closely as possible the order of the items
contained in the job estimate. The final billing will show the description and site of the project; the date on which
the first work was performed or the date on which the last work was performed or the last item of billed expense was
incurred; and the location where the records and accounts billed can be audited. All cost records and accounts shall
be subject to audit by a representative of the UTILITY within three (3) years after acceptance of the project. In the
event final cost is less than the advance payment, the FDOT will refund the balance to the UTIL1TY. If the final
cost exceeds the advance payment, the u,rrLrry will be invoiced for the balance. Upon receipt of the final invoice,
the LrrlL1TY will reimburse the FDOT in the amount of such actual cost within forty (40) days. The UTILITY shall
pay an additional charge of 1% per month on any invoice not paid within the time specified in the preceding sentence
until the invoice is paid.
12. The UTILrrY shall pay the FDOT'S reasonable attorneys' fees and court costs if the FDOT prevails in
litigation for the enforcement of the provisions of paragraphs 1, 8 or 12 of this Agreement.
13. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein, and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written. It is further agre,at that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
14. This Agreement shall be governed, interpreted and construed according to the laws of the State of
Florida.
15. If any pan of this Agreement shall be determined to be invalid or unenforceable by a court of competent
jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination, the
remainder of this Agreement shall remain in full force and effect provided that the pan of the Agreement thus
invalidated or declared unenforceable is not material to the intended operation of this Agreement.
IN WITNESS WHEREOF, the parr. ie~ hereto have camed thee preaenm to be executed by their duly
authorized officers, and theLr official se~Is hereto affixed, the day and year first above written.
UT~: C~tv of Delray Beach
William H. ~-reenwood
~]'r~e:~r~tor of Environmental Services~ (S~_~L)
Alison MacGregor HaSty '
(Title: ~$~y Clerk )
FDOT Approved a~ to Form, Leg~ity and Execution
BY: BY:
Attorney District Utility Engine=
STATE OF FLORIDA
DEPARTME~ O1: TRANSPORTATION
BY:
(Title: Dil~a'ict ~;ecrerarv ) (SEAL)
ATrE.Vr(s):
(Title:
Rr~-Ye2.,z2) PA,~ ~
S?ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM '/10-010-27
UTILITY RELOCATION AGREEMENT
07/95
(AT I. rrlLITY OWNER'S EXPENSE)
I
WPI NO. STATE PROJECT NO. STATE RD. COUNTY DOC NO. FAP NO. I
4118666 93010-6505 5 (US-l) PALM BEACH N/A N/A
THIS AGREEMENT, made and entered into this day of
,199 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
called the DEPARTMENT, and THE CITY OF DEl~RAY BEACH
, with its principal place of business in
the City of ~elray Beach , County of Palm Beach
State of Florida , hereinafter referred to as UTILITY OWNER.
WlTNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated
by the DEPARTMENT as State Project No. 93010-6505 ,
Road No. 5 (US-1 ~ , from ]~ond Way to the Boynton Beach Canal , hereinafter referred to as the "Project",
which shall call for the location (vertically and horizontally), protection and/or relocation and adjustment of the UTILITY OWNER's facilities on
said Project, hereinafter referred to as "Relocation Work"; and
V~-IEREAS, the plans for the said conslruction, reconstruction or other changes to be made have been reviewed by the DEPARTMENT
and the UTILITY OWNER,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows:
1. The UTILITY OWNER shall make or cause to be made all arrangements for this Relocation Work at its own expense and in
accordance with the plans, designs and specifications of the DEPARTMENT for the construction or reconstruction of the Project and the provisions
of the DEPARTMENT's current Utility Accommodation Manual, which, by reference, is made a part of this Agreement.
2. The UTILITY OV~NER shall perform all Relocation Work so as to cause no delay to the DEPARTMENT or its contractor in the
prosecution of the Project, and all such Relocation Work shall be done under the direction of the DEPARTMENT's engineer. The UTILITY
OWNER agrees that it will be directly responsible for any legal claims that the Project contractor may initiate due to delays caused by the Relocation
Work; provided, however, the UTILITY OW%IER shall not be responsible for delays beyond its control.
3. The UTILITY OWNER agrees to locate (vertically and horizontally), and protect its facilities throughout the Projects life. The
UTILITY OWNER also agrees to relocate its facilities upon the DEPARTMENT's right-of-way according to the terms of the relocation schedule
and the DEPARTMENT's utility permit.
4. The UTILITY OWNER accepts sole responsibility for obtaining all Federal and/or State permits required for this Relocation work.
5. The UTILITY OWNER shall perform all such Relocation Work either with its own forces or by a contractor paid under a contract
let by the UTILITY OWNER and under the direction of the DEPARTMENT's engineer. The UTILITY OWNER shall neither proceed with
prosecution of the Relocation Work with its own forces nor let a contract of such Relocation Work until it has received the DEPARTMENT's
written authority to proceed.
6. The UTILrI~' OWNER shall maintain the Relocation Work in good vzpair in accordance with the DEPARTMENT's current Utility
Accommodation Manual.
7. The DEPARTMENT shall furnish the UTILITY OWNER with all necessary construction plans that are required by the UTILITY
OWNER to facilitate the Relocation Worlc The UTILITY OWNER's plans, maps, or sketches showing the Relocation Work are made a part hereof
by reference.
25-E
~ORM
8. To ~he ext~nt provided by law, ~c ~ O~R sh~l indcmni~, defend. ~ve ~lcss ~d cxon~ ~e DEP~~T.
i~ o~ ~ ~d ~l~ of~d ~ ~1 l~i~, ~ 1~, ~ eos~ ch~c. cx~c ~d dcm~ ~sing out of ~ Rclo~uon Wo~
~ ~ ~ ~ O~ i~ employs, ~. ~p~s~v~, or su~on~o~ duc in whole, or in p~ ~ conditions. ~o~. or
~io~ done or ~i~ by ~e ~ O~ subcon~w~. ~mpioy~, ~cn~ or.~en~v~. It is s~cifi~ly unde~t~d ~d
~ ~ ~ ~fi~on d~s not eov~ or ~d~ ~e D~~ for i~ own ~ghg~ce or b~ of con~
9. ~e UT~ O~ER s~l ~o~ ~ D~~'s ~n~ ~ ~ng when it s~, swps. ~ ~d f~sh~ Ee
R~on Wo~
10 ~s a~ment s~l ~m~ in ~11 fore ~ ~cell~ ~d ~y be ~lled by ei~ p~ upon (60) days ~n noace.
IN IRrI'IlqF~S WI:IlgREOF, the parties hereto hav~ caused these pmseats to be executed by ~eir duly authorized officers, and their official
ar.a~ her~w affixed, the day and year fu'~t above wrim~.
IYrlL1TY: City of Delray Beach Environmental Services
BY:
Will'ffm H. ~'~ee~ood
~ifl~lison' MacGregor H~rty City Clerk
Recommend Approval by the District Utility Office
BY: DATE:
FDOT Approved as m Form aad Legality
BY: DATE:
Dim-ia General Couasel
STATE OF FLORIDA
DEPARTIVIENT OF TRANSPORTATION
BY: DATE:
(Title: )
ATTEST(s): (SEAL)
(Title: )
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~'~' - MEETING QF FEBRUARY §, ~9~
RESOLUTION NO. 12-96/UTILITY RELOCATION AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPORTATION
DATE: FEBRUARY 2, 1996
This is before the Commission to approve Resolution No. 12-96 which
authorizes the Director of Environmental Services, on behalf of the
City, to enter into an agreement with the Florida Department of
Transportation (FDOT) for the relocation or adjustment of utilities
located on State Road 5 (U.S. Highway #1).
FDOT proposes to repave the highway in the north end of the City.
We have water and sewer utilities located within the pavement and,
as a result, adjustments to three sanitary manhole covers and nine
water valve boxes will be required. An agreement between the City
and FDOT will allow their contractor to make the necessary
adjustments. The cost is estimated at $2,448.00, with funding
available from Water & Sewer Renewal and Replacement - Other
Improvements (Account No. 442-5178-536-63.90).
In order to enter into a joint project agreement, FDOT requires the
City to adopt a resolution authorizing the Director of
Environmental Services to execute the necessary agreements with
FDOT for the utility adjustments associated with this project.
Recommend approval of Resolution No. 12-96.
ref:agmemo5
Agenda Item No.:
AGENDA REOUEST
Date: February 1. 1996
Request to be placed on:
X Regular Agenda
__ Special Agenda
Workshop Agenda When: February 6. 1996
Description of item (who, what, where, how much): The Florida Department of
Transportation (FDOT) proposes to repave SR 5 (U.S.1). The City has water and
sewer utilities located within the pavement, as a result, adjustments to three
(3) sanitary manhole covers and nine (9) water valve boxes will be re_ouired.
The cost of this work which includes a 20% markup is estimated at S2.448.00.
Funding for this work is from the Water/Sewer R&R account number 442-5178-536-
63.90. In order to enter into a Joint Agreement with FDOT a City Resolution
Utility Relocation Agreement form 710-010-13 must be passed by Commission.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends entering into a Joint Project Agreement with
the Florida Department of Transportation with the passage of a City Resolution
Utility Relocation Agreement authorizing William H. Greenwood. Director of
E.S.D.. to execute the necessary agreements with the FDOT for utility
adjustments associated with this Dro4~t.
Department Head Signature: ~~~ ~/~//~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~/NO
Funding alternatives ~
Account Balance ~ /CZ ~/,~_~
City Manager Review:
Approved for agenda: NO ".
Hold Until: ~.//
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file: 96-29.doc
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: WILLIAM H. GREENWOOD~~--'~
DIRECTOR OF ENVIRONMENTAL SERVICES
DATE: February 1, 1996
SUBJECT: FDOT Resurfacing SR-5 (US 1)
Project No. 96-29
The Florida Department of Transportation is proposing to resurface SR 5 (US 1) in the north end of
the City. There are water and sewer utilities located in the pavement which will require
adjustments on the sewer manholes and the water valve boxes. An agreement between the City and
the FDOT will allow their contractor to make the necessary adjustments.
Attached is an Agenda Request and a City Resolution/Utility Relocation Agreement (FDOT form
710-010-13) for the regular Commission Meeting on February 6, 1996. Approval of this
Resolution will authorize execution of necessary utility agreements with the FDOT for utility
adjustments on this project.
The funding source for these adjustments is from the water/sewer R&R account no. 442-5178-536-
63.90 for $2,448.00.
Please place this item on the agenda for commission approval.
WHG:kjb
Attachment
cc: C. Danvers Beatty, P.E., City Engineer
Richard Hasko, P.E., Deputy Dir. ESD, Public Utilities
Joseph Safford, Finance Director
File: Project No. 96-29(E)
AR-MEMO.DOC
(C~(C~L~ ~SOL~ON NO. 12- 9 6 ~
~~ ~LOCA~ON AG~E~
~I~ PRO~ ~ STA~ ~. CO~ DOC NO F~ ~
4118666 93010-6505 5 (US- 1) P~ B~CH N/A N/A
A ~OL~ON A~OR~G ~ ~'S/ ........ Enviro~ental Svcs Dep~O ~ ~O ~ AG~,
ON B~ OF ~ C~/CCL?~f ~F DEL~Y BE~ , ~O~ ~ ~ ~O~A D~~
OF ~SPORTA~ON FOR ~ g~LOCA~ON, C~GE OR ~S~ OF ~ FAC~S LOCA~D ON STA~
RO~ 5 (US- 1 ~
WHEREAS, the State of Florida Department of Transportation proposes to construct.or reconstruct a pan of State Road
5 (US-I/ : and
AND WHEREAS, in order for the State of Florida Department of Transportation to further and complete said project, it is
necessary that certain utility facilities alone, over and/or under said State Road 5 (US-1) be adjusted,
changed or relocated: and
AND WHEREAS, the State of Florida Deparunent of Transportation having requested the City/Court.'7 of
Delrav Beach , Florida, to execute and deliver to the State of Florida Department of Transportation a Utility Agreement,
agreeing to make or cause to be made adjustments, changes or relocations of said utility facilities as set out in said Agreement, and said
request having been duly considered;
NOW THEREFORE BE IT RESOLVED BY THE CITY/COUNTY COMMISSION OF THE CITY/COUNTY OF
DELRAY BEACH , FLORIDA:
That (name) William H. Greenwood , (title) Director of Environmental Services be hereby
authorized and directed to execute and deliver to the State of Florida Department of Transportation a Utility Agreement for the adjustment,
change or relocation of certain utility facilities within the limits of said State Road 5 (US- l ~
A certified copy of this Resolution be forwarded to the State of Florida Department of Transportation along with the executed Utility
Agreement.
ONMOTiONof Mr. RandoLph , seconded bY Dr. Alperin , the above resolution was introduced
and passed by the City/C-c)wrt? of Delray Beach on the6thday of Feb, , 1996__.
roue: , Claa
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R. ECYCt.~-~ PAPER.