Res 32-77 RESOLUTION NO. 32-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, TO ENTER INTO AN AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPOR-
TATION TO PARTICIPATE IN THE PAVEMENT MARKING
DEMONSTRATION PROGRAM WHICH WILL BE FINANCED ONE
HUNDRED PERCENT (100%) BY THE FEDERAL GOVERNMENT
PURSUANT TO SECTION 205 OF THE HIGHWAY SAFETY
ACT OF 1973.
WHEREAS, this Council has made'the following determinations of fact:
1. Pursuant to Section 205 of the Highway Safety Act of 1973, the
Federal Government will provide 100% financing for all local governmental
entities that participate in a Pavement Marking Demonstration Program;
2. A Pavement Marking Demonstration Program will provide center-line
striping and edgeline striping on many miles of city streets which do not
have adequate striping at the present time;
3. The purpose of this program is to determine if an overall striping
system will reduce the number of traffic mishaps and increase the overall
traffic safety in the country;
4. This program will provide great benefits to the residents of the
City of Delray Beach, and
5. In order to implement this program it is necessary to submit to
the Florida Department of Transportation a resolution authorizing the City
Manager to act on behalf of the City of Delray Beach in this matter and an
exeCuted agreement between the City of Delray Beach and the Florida Depart-
ment of Transportation covering the striping to be done;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor and City Clerk is hereby authorized to
~Xecute the agreement, attached hereto as Exhibit "1" between the City of
Delray Beach and the. Florida Department of Transportation concerning the
Pavement Marking Demonstration Program, and
-Section 2. The City Manager is hereby authorized to act on behalf
of the City of.Delray Beach concerning this program.
PASSED AND ADOPTED in regul'ar session on thi's the 23rd day
of May , 1977.
ATTEST:
City Clerk
" F.A.P No PMS-000 S(54)
State Job No. 93000-3910
, B.I. No. 418238
AGREEMENT EXHIBIT "1"
(PavemEnt Marking - FDOT or its Contractor Performs Work)
THIS AGREEMENT, made and entered int'o ·this __ day of
..... , 1977, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the "Department'', and the
CITY OF DELRAY BEACH , hereinafter called .the "Public Body";
W I T N.E S S E T H :
WHEREAS, Department and Public Body desire 'to' cooperate in
~a·Pavement Marking'Demonstration Program, with the public Body to
.provide certain statistical~ data. in connection therewith.
~0W, THEREFORE, in consideration of the premises, the
parties hereto agree as follows:
'l. The Department will undertake a.Pavem~nt Marking
Demonstration Program,.hereinafter referred to as Program, more
particularly described in Exhibit "A" attadhed hereto and made a part
hereof, at an estimated cost of $ 6'2,998.49~ '~ . ·
2. In'the event that'any election, refererdum, approval,
.permit, notice or other proceeding or authorization is 'requisite· under
applicable law to enable the Public Body to enter into ~his Agreement
ar to undertake the Program hereunder, or to observe, assume or carry
~out. any of the provisions of the Agreemeht, the'Public Body will
in~ti~e and consummate, as p~ovided by law,~..all actions necessar~ with
~,espect to any such matters so requisite.
3. The Public Body is not ·required to participate in the
.f~nancing of the Program. Eligible costs fo'r the~Program do not include
'.any expenses incurred in.the performance of paragraph f°ur.
4. The Public Body shall obtain traffic counts of all
streets within the Program limits prior to application of pavement
markings and also annually for a two year period commencing on the date
of'the Department's approval of the pavement marking application.
Traffic counts are to be obtained 'in a manner approved by the Department.
The Public Body shall Obtain hard copies of the accident reports for a
period of 12 months prior t° the application of'any pavement marking and
24 months following the pavement marking 'application. The accident
record periods may be any ~consecutive 12 month .period; ~owever, the before
and after periods must be identical. The Public Body shall report to the
Department by July 15th of each year, the number of accidents, the number
of injuries, and the number of fatalities occurring during the accident
~record periods and the traffic count fOr that'accident record period..By
July 15th of each year, the Public Body shall also complete 'U. S. Depart~
· ment-of Transportation Form 1451 as shown in Exhibit ,,B,,. *'
· 5. The P'ublic Body hereby agrees to' indemnify, defend, save'
and hold harmless the Department from all claims, demands, liabilities,
and suits of any natUre whatsoever arising out of, because bf, or d6e to
the breach of this 'Agreement by the Public Body, 'it's agents or employee~,
or'due to any act or occurrence or omission or commission of· the Public
.,Body, its agents or employees, It is' specific.ally understood and agreed
that this indemnification agreement does not cover or indemnify the
Department for its negligence or breach of contact. .~
It is mutually agreed that the Department's Director of Road
Operations shall decide all questions, difficulties and disputes of What-
ever nature which may arise under'or by reason of this Agreement, the
p~'osecutton and fulfillment of its services hereunder, and the character,
'quality, amount and value thereof and his decision upon all claims,
questions and disputes shall 'be final and conclu~i~.e upon the parties
hereto.
IN WITNESS WHEREOF, the Public Body has caused this contract
to be duly executed in its behalf, and thereafter the.Department has
caused the same to be duly executed, all as of the day and year first
above written.
APPROVED: STATE OF FLORIDA
· DEPARTMENT 'OF TRANSPORTATION
Jay W. Brown, Director of Road Director of Administration
Operations .. -
ATTEST: (SEAL)
. . : ' Execut~v'e'-~ecresary~ ' ~ - -~
Public Body
BY:
· Witness James H. Scheifley
TITLE: M A Y O R
' ATTEST: (SEAL:
· Witness 'Elizabeth Arnau
.. TITLE: .City Clerk
A}'FROVED AS TO FORM, LEGALITY AND ·
EXECUTION, 'FLORIDA DEPARTMENT'OF -;
TRANSPORTATION ...
BY:
Assistant Attorney
,, .' ATTACHMENT
FLORIDA STATUTE hh6.101(3)
In the ~avent this contract' is in excess of $25,000, the
apprentice employment requirements of Chapter ~6.101(3), Florid~
statu~es, are hereby incorporated: ·
"(a) The contractor agrees:
1. ~h,~t he will mak~ a diligent effort' to hire for the
.performance of the'contra~t a number of apprentices in each occupation
'vhich bears to the average number of the Journeymen in that occupation
to be employed in' the.performance of the b°ntract, the ratio.of at.
least' one apprentice to every five JoGrneymen.'
"2. That he will, when feasible, assnre that' 25 percent of
such apprentices are in their first year' of tr%in.in~, except w~en the ·
number of apprentices to be hired is fewer than four. .Feasibility here
.__._ involves a consideration of the availability of training Op'portunities
'for first year apprentices, the hazardous nature of the 'work for
beginning workers.,~ and eXcessive unemployment of apprentices in their
second and subsequent, years of training. -
3. That, during the performance of the con%ract ," he ' will
make diligent efforts to employ the number of apprentices necessa, ry to
meet r'equirements of subparagraphs 1 and 2. .. ' ' '
(b) The-contractor agrees to return records of employment
by trade of the number of apprentices and apprentices by .first.year.of
training and of' ~ou~neymen, on a form as prescribed by the Bureau 'of
Apprenticeship of the Division of Labor and Employment Opportun :
.. it'i es at
three month intervals. Submission of duplicate' copies of forms sub-
mitred to .the United states Department of Labor shall be sufficient
Compliance Mith the provisions of this section. "
ATTACHMENT · ..
· Page 2
(c) The contractor agrees to supply to.the Bureau of
Apprenticeship of the Division'of Labor-and EmplOyment Opportunities,
at three month intervals, a statement describing steps taken toward
'making a diligent effort and containthg a breakdown'by .craft of hours
worked and wages paid for first year apPrentices, other apprentices,
and Jo'urneymen. " :'-" " . -.
(d) The contractor agrees to insert in any subcontract under
this contract the requirements contained in this section. The term
,!
"contractor, as used in such clauses and any' s. ubc'ontract shall mean
the subcontractor " "' '
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