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77-S PmS0SU=ON 77 -5 P~VRM~,NT M~RF~NG D~.MONSTR~TION PROGP~M WHEREAS, the City Council has made the .following deter- mination in 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 centerline 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 residen%s~-~of-~the Cityof~Boynton_ Beach~ and 5.- !n-o~der to-implement-this-program it is necessary -%o submit to-the FloridaLDepartment of-Transportation a resolution authorizing the City--Manager to act on behalf of ~%~ Palm Beach Countyin this matter and an executed.agreement between the City of Boynton Beach and the Florida Department of Transportation covering the striping to be done; NOW, THEREFORE, BE IT RESOLVED by the City Council of Boynton Beach, Florida, that: A. The ~yor is hereby authorized to execute the agreement, attached hereto as Exhibit "1", between the City of Boynton Beach and the Florida Department 'of Transportation concerning the Pavement Marking Demonstration Program and, B. The City Manager is hereby authorized to act on behalf of City of Boynton Beach concerning this program. PASSED AND ADOPTED this day of ~ ,1977. CITY OF BOYNTON BEACH, FLORIDA (Corp. Seal)  C ouncilm~mber Councilmember Count itme~be r ~ ATTEST: City F.A.P. NO. PMS-000S (54) State Job No. 93000-3910 B.I. No. 418238 AGREEMENT EXHIBIT "IU (Pavement Marking - FDOT or its Contractor Performs Work) THIS AGREEMENT, made and entered into this' day of ., .1977, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department", and the cITY of BOYNTON 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. NOW, THEREFORE, in consideration of the premises, 'the parties hereto agree as follows: 1. The Department will undertake a Pavement Marking Demonstration Program,.hereinafter referred to as Program, more particularly described in Exhibit "A", attached hereto and made a part hereof, at an estimated c'0st of $ '10,262.82 2. In the event that any election, referendum, approval, applicable law to enable the Public Body to enter into this Agreement or to~undertake the- '?roEram~ereunder, or'to Observe, assume or carry out_any of the provisions of the Agreement, the Public Body will ~nitiGte~--and-eonsumma~e, as provided by law,-all actions-DMc~ary with respect to any such matters so requisite. S. --The Public Body is not required to participate in ~h.e financing of the Program.- Eligible costs fo'r the Program do not include any expenses incurred in-the performance of paragraph four. -1- h. 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 to the application of'any pavement marking and 2h months following the pavement marking application. The accident record periods may be any Consecutive 12 month period; however, 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 lb51 as shown in Exhibit "B". 5. The Public Bo.dy~ 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 of, or due to the breach of this AgMee.ment by the Public Body, its agents or employees, or due to any act or occurrence or omission or commission of the Public Body~ its -agent_s ~-~mployees-.'-~It is specifically understood ~nd agreed ~ha_t~this~tndemnifi-c~ti-on agr~emen~do~s--~not cover or indemnify the Departmeni ~or-i~-~egligence-o~reach of ~contact. It~ is mutually agreed that the Department's Director of Road Operations shall decide all que~tiens~difficulties and disputes of What- ~ver-nature-wkich may arise under or by reason of this Agreement, the p~osecution 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 conclusive 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: Jay W. Brown, Director of Road Operations STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Director of Administration ATTEST: (SEAL) Executive Secretary Public Body BY: TITLE: 'Joseph F. Zack, Mayor ~TTEST~. (-SEAL) TITLE: Tereesa Padgett City Clerk AFPR~V~_AS TO FORM, LEGALITY AND E~'~U~', FLORIDA_DEPARTMENT'OF TRANSPORTATION BY: Assistant At torney~ -3- ATTACHMENT FLORIDA STATUTE 446~101(3) In the event this contract is in excess of $25,000, the apprentice employment requirements of Chapter 446.101(3), Florida statutes, are hereby incorporated: "(a) The contractor agrees: 1. That he will'make a diligent effort to hire for the performance of the contract a number of apprentices in each occupation which bears to the average number of the journeymen in that occupation to be employed in the performance of the contract, the ratio of at least one apprentice to every five Journeymen. 2. That he will, when feasible, assure that 25 percent of such apprentices are in their first year of training, except when the number of apprentices to be hired is fewer than four. Feasibility here involves a consideration of the availability of training opportunities for first year apprentices, the hazardous nature of the work for beginninE workers,-and excessive unemployment of apprentices in their second and subsequent years of training. B. That, during the performance of the contract, he will m~Ke~diti~gen~_ef-fo~s~-to em~oy~twh~n~mb~r-o~f-f-~ptr~en~~e~aa.ry~ to - m~t--r~qui-rem~nts of subparagraphs I and 2. -~ -(b ) .... T~e-~ontractor ~ag~s to r~u~ r~cor~s~-OT ~mployment ~ .t~ada a~ the~number of apprentices and aRpr'entLcas by first year mf tr~i~dng and-of ~Jou~n~ym~n~,~.an a for~s-.pres~£be~-~hy~-~tha Bureau of Apprenticeship of the Division of Labor and Employment Opportunit'ies at -three mon~tervals. Submission of~-~up~icate-Copies of forms sub- mitted to-the United States Department of Labor shall be sufficient compliance with the provisions of this section. -l- 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 containing a breakdown by.craft of hours worked and wages paid for first year apprentices, other apprentices, and Journeymen. (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 subcontract shall mean the subcontractor." F.A.P. No. PMS-000S (54) State Job No. 93000-3910 B.I. No~. 418238 .- - S~40h'~tf F.A.P. No. PMS-000S(54) Page 1 of 2 -'State Job. No.93000-3910 BI ~1~o% ~418238 CITY OF BOYNTO~ BEACH Proj. ' L I M I T S Road Name Length ....................... ' No. (miles) ... from... . ..to.... ~1~ 1 N. Seacrest 1.80 Boynton Canal Mentone Road -2 Miner Road' ~ ,43- N.. Seacrest Summit Road 3 N.E. 22nd Avenue .57 N..Seacrest N.E. 4th Street 4 N.W. 22nd Avenue 1.40 Congress Avenue N. Seacrest less I-' 5 N.E. 15th AvenUe .07 N.E. 4th Street N. Federal 6 N.E. 10th Avenue .~53 N. Seacrest Marine Road - 7 N.W. 10th Avenue :: -.50 N. Seacrest . N.W. 5th.Avenue... 8 N.E. 6th Avenue .11 N.B. 3rd Street N. Federal · 9 E. Ocean Avenue .37 N. Seacrest N. Federal J-~0 W. Ocean AVenue .46 N. Seacrest N.W. 4th Street 11 N.E. 6th Street .05 E. Ocean Avenue Casa Loma Drive 12 Casa Loma Drive .11 N.E. 6th Street Intracoastal 13 S.E. 1st Avenue .12 S. Federal S.E. 6th Street · 14 N.E. 4th Street .11 .E. Ocean Avenue- N.E. 2nd Avenue 16 s,g.~12th Avenue - _~_.30 S Federal 17 -S.E. 23r~ Avenue .41 S. Federal S. Seacrest / 18= --S.W.e~23rd-Avenue~l=z~.86 ~i .S. Seacrest .... West City Limits 19~ S.W.~-- 18th_'Street .... ~ 1.40 S'.W.~ 23rd Avenue .... Ocean Drive !20 LeisUrevilleBlvd. ! ~25 Ocean_Drive N.W. 2nd Avenue 21 N.W. 7th Streetc .26 ~_ Ocean~Drive ~ 'N.W~ 2nd Avenue 22 Ocean Drive .81 Congress Avenue N.W. 7thStreet i 23 S.W~ 10th Avenue .38 S. Seacrest . S.W..3rd Street 24 S.W. 3rd Street .10 S.W. 10th Avenue S.W. 12th Avenue 25 S.W. 26th Avenue .~9 S. Seacrest S.W. 2nd Street 26- Mission Hill __ .49 [S~_ Seacrest. Diane Drive 27 Ridge Lane .05 Mission Hill Hillcrest / 28~ S.W. 6th St. Ext- .05.. S.W..6th Street S.W. 23r~ Avenue ~ ension 29 S.W. 11th Street .46 S.W. 23rd Avenue S.W. 28th Avenue 30 S.W. 28th Avenue ,46 S.W. llth Street Congress Avenue F.A.~. No.-P~TS'000S(54) Page 2 of 2 .Sta~ Job. No.93000-3910 B~No~.~ 418238 CITY OF BOYNTON BEACH Proj., ' L I bi I T S Road Name Length ..... No. (miles), ... from .... .. to... ~1 S.W. 30th Avenue · .25 Congress Avenue South Tech~ 'School 32 S. Lake Drive .29 N.W. 22nd St. (Delray] North to' T~rn '33 N.W. 4th Street_ .11 N,W. 2nd Avenue.__ N.W. 4~'1 AvenUe 34 .N.w. 4th Avenue : .24. N.W. 3rd Street Galax~.~ Sehool 35 N.E. 1st Street .11 E. Ocean Avenue N.E. 2ncl Avenu~ 36 N.W.. 1st Street .05 N.W. 12th Avenue N.W. 13th Avenue 37 -N.W. 12th Avenue .15 N. Seacrest ~-' N.W. 1st Street 38 S. E. 5th 'Avenue .37 ''S. Federal S. Seacrest 39 S.E. 1st "Street .86 E. Ocean Avenue S.E. 15th Avenue