Res 34-76 RESOLUTION NO. 34-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUthORIZING, EXECUTION
OF A HIGt~AY LIGHTING AGREEMENT FOE THE ADJUSTMENT,
RELOCATION AND/OR INSTALLATION OF A CERTAIN LIGHT-
ING SYSTEM WITHIN ~E RIGHT-OF-WAY LIMITS HEREAFTER
DESCRIBED BETWEEN THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION AND THE CItY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the State of Florida Department of Transportation has
located and proposes to construct or reconstruct a part of the Highway
Lighting System located on State Road S. E. 12th Street; and~
WHEREAS, the State of Florida Department of Transportation having
requested the city of Delray Beach, Florida,.to execute and deliver to the
StaGe of Florida Department of Transportation a Joint Project Agreement
for Highway Lighting, providing for joint responsibilities of the
Department and the City, and said request having been duly considered,
NOW, ~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Section 1. ~nat the city Council of the city of Delray Beach,
Florida, concurs in the provisions of that certain agreement attached
hereto, pertaining to the adjustment, relocation and/or installation
of a certain lighting system within the right-of-way limits described
in Exhibit "A" to that agreement.
Section 2. That the city Council of the City of Delray Beach,
Florida, authorizes the said agreement to be executed by a legally
designated officer of this Public Body.
Section 3. That a certified copy of this Resolution be forwarded
to the State of Florida Department of Transportation at Tallahassee,
Florida.
PASSED AND ADOPteD in regular session on this the 14th day of
June, 1976.
ATTEST:
,.~i ty Clerk
FOFtM 722-26A 17,TATI~ OI~' I?LOIt'II)A I.IEI~AIITI'~II:NT OF TItAN~I'OltTATION
1'74 IJIVISION OI~ IIOA[) OI'I:IIATION5
PAGE I OF 2 JOINT PROJECT AGREEMENT
HIGHWAY LIGHTING "" : ' ' "' :':"
(Municipal)
COI. JNTY $[~CTION UTILITY JOB NO. STATE Ir~)AD NO, COUNTY NAME PAI-~'CEL & fi/W JOB NO,
93 521 6601 S.E. 12th Street Palm Beach 2 2601
Tills 'AGII. EEMENT, made aud entered into this day
of , 197 ,' by and between tim S'I'ATI~ O1;
FLORIDA I)EPA]UI'MI".NT Of" 'I'RANSI'(~IUI'ATION, hcrcinaflcr referred lo tis Ibc D].I AR I 51lvN I,
and thc CITY OF . D~Y BEACH , a municipal corporal, ion, hereinafter
referred !o as thc CITY.
WITNESSETII:
WHEIIEAS, thc CITY by Resolution adoplcd on , has
request'cd thc D},2PAIITS1ENq? to purchase and install a llighway LighlingSvslcm on that portion of
State Road No. q35~l-fi601 described as S.E. 12th 'Stkeet
From Di.z_~ H'i~ t0 A-I-A
in Pa~each County, Florida,
AND WHEREAS, thc DEPARTMENT is constructing, reconstructing or otherwise charting a
portion of thc lighting system dcsi~na~cd by thc DEPARTMENT as ~ob
No. 93521-3601 ,RoadNo. S:E. 12th Street between
Dixie Highway and A-1-A , which shall call for the adjustment,
relocation a~/or installation of Highway Lighting faciliIicS along said highway,
AND WHEREAS, II~c DEPART~igNT and thc CITY have dc[crmincd that it would bc to t]xc
'bAst interest of lhc general public and to thc economic advantage of both., parties ~o enter into a
JOINT PROJECT pro~qding for such work, ', .
NOW, THL[;. ,FO]I~]. thc premises considered, ~nd in consideration of thc sum of One Dollar
each to thc ofi~cr in han~ pai~, thc rccci~)t whcrcof is hereby acknowledged, and in further considera-
tion of the mutual covenants herein, after contained, it is agreed by thc parties ~ follows:
1. The DEPARTMENT a~ces to prelJarc plans and specifications for the work involved, and
advertise for bids for thc equipment and materials. Thc decision as ~o thc type and make of equipment
purchased ~dll be the DEPAI~TMENT'S sole responsibility.
2. A~ of the work on thc lighting system is to be done according to the plans and
specifications of the DEPAI~TMENT which plans and specifications arc, by reference hereto, made a
part hereof. The DEPAWi'MENT ~dll be l'cspons~le'for performing the completed installation.
3. The DEPARTMENT ~dll pro~4dc .thc necessary, engineering super~on to assure
eons~uction is in compliance ~4th the plans and specifications hereinabove referred to, and will
perform the final inspeclion of the completed project.
4. The CITY agrees that II~e equipment of the lighting system shall remain thc properly of thc
D'EPARTMENT, and it is hereby tmdcrslood and agreed lbat thc CITY shall not, under any condition,
remove thc equipment which is thc subject matter of this Agreement for any reason Mthout
permission and written consent of the DEPAI~TMENT.
5. '1'1,: CITY f.,'ll,',r a~yecs ,llml Cmnl)h'li<m of the in~lallathm, to n~ume role resl.m~Jlfilily
for Iht mainl<,mm:c of ~aid li~hli.~ ~),~le,~ in accmdancu wilh Ibc I)EPAIFI'M]';NT'S l)oli~',ic~ and
"Standard ~lm~Sfh:ali(~l~ for l li~hway I, ~hlm..
6. The CITY f,,'ll,~,' a~,'ces Io I,'. resl)onsil~h: for the l)aynmnl of all cosl for clcclrical imw,r
alld/or otl~cr electrical dtargcs inctlrrt:d itl collncclion with thc olmritlioll of tilt: complclcd lighli)~g
system.
7. Tim CITY hcrc},y agrees to indmnnify, dcfcml, save, and hold harmless the DEI~AIL'I'MENT
from all claims, demands, liaifilili~:s, ami stills of any n:~t.rc wlialsocvcr arising out of, ]}(mm}sc of, or d.(:
to thc }re:ach of/his Agrcc. mcnt ]~y Ibc CITY, ils agtm/s or employees, or tl.c 1o :my act or oc(:m'rcncc
of omission or commission of Ihe CITY, ils ag(mis or employees. It is specifically understood and agreed
· that this indcmnificatiot~ agreement docs not cover or indemnify the I)EI)AIt']'MENT for ils own
negligence or breach of contract.
8. All sm-hoes and work tamer the conslruclion contract shall l)e performed to the satisfaclion of
the DEPAIITMENT'S Director of Road Opcralions, a.d he shall decide all questions, difficulties and
disputes of whatever natm'c, which may arise under or by reason of such contracl for highway lighting;
the proscculion and fulfillment of thc st:rvices thereunder, and thc character, q.aliiy, amom~t, and value
thmeof; and his decision upon all claims, questions, and disputes thereunder shall be final and conclusive
upon the parties hereto.
IN \ViTNESS WItEREOF, the parties hereto have caused this instrument to be dui), executcd, the
day and 3'ear first above written.
STATE OF FLORIDA
WITNESSES: DEPARTMENT OF TRANSPORTATION
BY:
Director of Administration
ATTEST: (SEAL)
As to iht DI';PA RTMENT Executive Secretary
CITY-OF DELRAY BEACH , FLORIDA
BY:
(Title )
ATTEST. (SEAL)
As to the CITY
Approved as to Form, Le,dalily and Execution
STATE OF FLORIDA I)EI'AI{TMENTOF TI;.ANSPORTATION
BY:
Assis[ant Attorney
i