Res 13-73FORM 722-63A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
7-71 DIVISION OF' ROAD OPERATIONS
P~,aE, o~, CITY RESOLUTION
HIGHWAY LIGHTING AGREEMENT
COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO.
93 OlO 6510 5 Palm Beach 2 NA
A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR
THE ADJUSTMENT, RELOCATION AND/OR INSTALLATION OF A CERTAIN LIGHTING
SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING
WHEN THIS RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO. 13-73.
ON MOTION OF C/9{!f~9~94~_/(Councilman) .. Leon M. Weekes , seconded by
C~,/~%~s~9~'(Councilman) Jack L. Saunders , the following Resolution was
adopted:
WHEREAS, the State of Florida Department of Transportation has located and ~roposes to
construct or reconstruct a part of the Highway Lighting System located on State Road
AND WHEREAS, the State of Florida Department of Transportation having requested the City
of .Dglray Beach , Florida, to execute and deliver to the State 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 THEREFORE, BE IT RESOLVED by' the City' f~c~a4/~'~iA~{ (Council) of the City of
[hal ray Roach , Florida, that the Mayor and Clerk (City Manager) be and
they are hereby, authorized and directed to make, execute and deliver to the State of Florida
Department of Transportation a Highway Lighting Agreement for the adjustment, relocation, and/or
installation of a certain hghting system within the Right of Way limits of said State Road
5 , Section 930!0-6510 ;
BE IT FURTHER RESOLVED that this Resolution be forwarded to the State of Florida
Department of Transportation at Tallahassee, Florida.
INTRODUCED AND PASSED by the City C/o/af~f~d~i~f~,' (Council) of the City of
De!ray Beach , Florida, in regular session, this
l~th day of March ,19 73:
FORM 722-ZtA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
4-71 DIVISION OF ROAD OPERATIONS
PAG,', or - JOINT PROJECT AGREEMENT
(.~~co~3~~ · HIGHWAY LIGHTING
(Municipal)
SECTION I UTILITY JOB NO. I STATE ROAD NO. COUNTY NAME PARCEL & RM JOB NO.
010 I 6510 I 5 Palm Beach 2 NA
THIS_ ~.C~R_EEME~T, made and ente~ into this
day
of . ?f[3(_d~._ .~-.g'x_ , 197-~____~, by and between the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to gs the DEPARTMENT,
and the CITY OF DELRA¥ BEACH , a municipal corporation, hereinafter
referred to as the CITY.
WITNESSETH:
WHEREAS, the CITY by Resolution adopted on March 12, 1973 , has
requested the DEPARTMENT to purchase and install a Highway Lighting System on that portion of
State Road No. 5 described as From ~. of SE 12 St. t9
N. of SE 12 St. Delray Beach ' ,
inPalm 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. 93010-6510 ,RoadNo. 5 - between S, of SE ]2 St.
and N. of SE 12 S-~. , which shall call ~or 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 pubhc 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 considera-
tion 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.
2. AH 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.
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 snbject matter of this Agreement for any reason without
permission and written consent of the DEPARTMENT.
FO~M 72.2-26A
PAGE 2 OF 2
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 ."
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. The CITY shall defend, save and hold harmless the DEPARTMENT from any and all legal
actions, claims or demands by any person or legal entity against the DEPARTMENT arising out of the
participation in this Agreement by the CITY or use by the CITY of the completed lighting system.
8. All services and work under the construction contract shall be performed to the satisfaction
of the DEPARTMENT'S State Highway Engineer, and he shall decide all questions, difficulties and
disputes of whatever nature, which may arise under or by reason of such contract for highway
lighting; 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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed, the
day and year first above written.
STATE OF FLORIDA
WITNESSES: DEPARTMENT OF TRANSPORTATION
BY: ...... ~irector o75ministratio n ~-~.~
/ff/d7~/{~,~:; ~7~ '~ce ~'~ ~ ~~EAL)
As to the D~P~RTMENT ATTEST:
Execut~ Secretary
DEL P,~Y B EACH
CITY OF , FLORIDA
/~*~Title ~a~ok ~/--] I )
As to'the CITY City Clerk //
Approved as to Form, Legality and Execution
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
A ssist~n t~A ttorne~// ' ~
From: CITY ENGINEER Date: ~a~ch 12,1973
(Attached)
To: CITY ~ANAGER Subject:. Street lights-S. Fed. H~y.
Attached is the letter from ~ro 8art J. Conti of DoO.T.
enH ~Lv~=_coj~ies of the resolution which he reqqe~s_~j, authorizing
i~_O~,~=~ngi~nee~ sad_install the street lights on South Federal
H~oh,,ay thro~out the ~osed new construction no~th and
sou~h of Linton 81vd,
A~ p~~~~d ~k~h you,this a~eement ~ould
appea~to be very advantageous to the City. It provides that the
D.O.T. ~ould retain o~ne~ship of all installations,but that
~]]m~n~en~~ sa~vice cha~ges ~ould be the responsibility
nC ~h~ C~y.
Th~r~y OhS lights a~e involved. The Florida Power and Light
Co~ ,,d~~~~ l~ghts(Owned by O~T.) at a
s~~~~pe~ 140h~ pn~ month ~~ usual cha~e fo~
~m~]~ ~h~ wh~poles and f~tures a~e furnished by F,P.& L,
Thi~ results ~ a mneth)y ~u~no~of ~~_O=.~e City,
Af~nr ~pproval of this ~esolution by Council,a lette~ ~ill
be 9~!~nn ~o O.O.T.s~s we discussed~ ~e~esting that they
pu~hesn sdd~onnl lights along Fe~al Highway,
~IAR 7 1973
Florid /. 1 Department of Transportation
Division of Road Operations
P. O. Box 22838
Fort Lauderdale, Fla. 33315
March 5, 1973
Mr. E1 liot Mari ot
City Manager
City of Del ray Beach
lO0 NW Fi rst Ave.
Delray Beach, Fla. 33444
RE: Section 93010-6510, State Road: 5, Palm Beach County
Parcel 2 (R/W NA) From S. of SE 12 St. to N. of SE
12 St. B.I. 418042
Dear Mr. Mariot:
At the present time the Department of Transportation is designing the
lighting for the subject project. Attached to this assembly is one set
of preliminary lighting plans and five sets of lighting agreements that
will be required on this project. We would appreciate if you execute all
copies and return to this office for our further handling. We will furnish
you final lighting plans and agreements as soon as they are executed by
our Tallahassee office.
Your usual cooperation in this matter will be §reatly appreciated.
Yours very truly,
Bart O. C6nti '
District Utility Engineer
BJC:JMA:sw
cc: Mr. E. M. Salley, State Utility Engineer
Mr. John Wilson, District Traffic Operations Engineer
100 N.W. lSl AVENUE 305/278-2841 ~,~~
DELRAY BEACH, FLORIDA 33444
J.ELDON MARIOTT
CITY MANAGER JAMES H. $CHEIFLEY, MAYOR
GRACE S. KRIVO$, VICE-MAYOR
JACK L. SAUNDERS, COUNCIL I~EMBE R
LEON M. WEEKES, COUNCIL MEMBER
OZIE F. YOUNGBLOOD. COUNCIL MEMBER
March 23, 1973
Mr. Bart J. Conti
District Utility Engineer
Department of Transportation
P. O. Box 22838
Ft. Lauderdale, Florida 33315
Re: Section 93010-6510, State Road: 5, Palm
Beach County Parcel 2 (R/W NA) From S. of
SE 12 St. to N. of SE 12 St. B.I. 418042
Dear Mr. Conti:
In response to your letter of March 5, 1973, five
executed sets of Highway Lighting Agreements are
enclosed.
Very truly yours,
J. ELaN ~RIOTT
City Manager
~M:nr
Encl
cc: City Clerk