R97-192RESOLUTION NO. R97-/,¢,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, 'FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
DECORATIVE STREET LIGHTS JOINT
PARTICIPATION PROJECT AGREEMENT BETVVEEN
THE CITY OF BOYNTON BEACH AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION IN
REFERENCE TO THE EAST OCEAN AVENUE BRIDGE
PROJECT IMPROVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State DOT is currently undertaking the preparation of
the Design Plans for the Ocean Avenue (SR 804) bridge replacement over the
Intracoastal Waterway and roadway improvements from US 1 to SR - AIA; and
WHEREAS, the State DOT agrees to design and reconstruct the
lighting system at its expense and the City agrees to maintain the lighting system
once the construction is complete; and
WHEREAS, the City Commission of the City of Boynton, upon
recommendation of staff, deems it to be in the best interests of the residents and
citizens of the City of Boynton Beach to enter into a Decoratiave Street Lights Joint
Project Agreement between the City of Boynton Beach and the State DOT;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby authorize the Mayor and City Clerk to execute a Decorative Street
Lights Joint Project Agreement between the City of Boynton Beach and the State of
Florida Department of Transportation in reference to the East Ocean Avenue Bridge
project, improvements, which Agreement is attached hereto as Exhibit "A".
Section 3.
That this Resolution. shall become effective immediately upon
passage.
PASSED AND ADOPTED this
ATTEST:
Cite'Clerk
= !.- ~.
/,¢' day of November, 1997.
CITY OF BOYNTON BEACH, ,~RIDA
JVice Mayor ·
- Commissi/orC6r . , ,_.)
~Co~mm--ii~siOner~/~
Commissioner ~
FORM NO. 710-010-73
12/88
Page i of 3
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PROJECT ;~GREEMENT
HIGHWAY LIGHTING
(Municipal)'
'WPI # SECTION # STATE RD. , c0UNTY NAME PAR & JOB NO. FAP NO.
4 18~
1 55 93200 804 PgI2~l BEACI{ 3505 -
Ti{IS AGREEMENT, made and entered into this day of
· 19 , by and between the STATE' OF FLORIDA
DEPAR~?MENT OF .TRANSPORTATION, hereinafter called the DEPARTMENT,. and the
CITY )f BOYNTON BEACH. , a municipal corporation, hereinafter referred-to
as th~ CITY.
has
Syste~
~ALM
WITNESSETH:
{EREAS, the CITY by Resolution adopted on ,
~quested the DEPARTMENT to purchase and ihstall a Highway Lighting
L on that portion of State-Road No. 804 described as E. 0CEANAVE. in
~CHCOUNTY, FLORIDA.
A~D WHEREAS, the DEPARTMENT is constructing, reconstructing or
Dther~ise changing a portion of the lighting system designated by the
DEPARTMENT as Job No. 93200-3505 , Road No. 804 from S.R. 5 (US-l)
to S.R. A-1-A , which shall call for the
adjust
~long
would
advant
such
N(
sum oI
hereby
herein
ment, relocation and/or installation of Highway Lighting facilities
said highway,
ID WHEREAS', the. DEPARTMENT and the CItY have determined that it
be to the best interest of the general, public and to the economic
age of both parties to enter into a JOINT PROJECT providing for
ork,
.W, THEREFORE, the premises considered, and in consideration-of the
One Dollar each to-the other in hand paid, the receipt whereof is
acknowledged, and' ih further consideration of the mutual covenants
~fter contained, it is agreed by the parties as follows:
1. The DEPARTMENT agrees to prepare plans and specifications for the
work ~nvolved, and advertise for bids for the equipment and materials.
The d~cision as to the type and make of eqhipment purchased be
will the
DEPARTMENT's sole responsibility.
FORM NO. 710-010-73
12/88
Page 2 of 3 -:--
3. The DEPARTMENT will provide the necessary engineering supervisi~
to assure construction is in compliance with the plans and specificatioh§L
hereinabove referred to, and will perform the final inspection of the
completed project.
4. The CITY agrees that: the
remain the property of
agreed that the CItY sha
which is the subj
permission ~
of the lighting system shall
t is hereby understood and
remove the equipment
any reason without
5. The CITY
assume sole
accordance with
for Highway Lighting.,,
the installation, to
system in
;~and "Standard Specifications
6. The CITY further agrees to bei responsible for the payment of ali
cost for electrical power and/or other ~lectrical charges incurred in
connection with the operation of the completed lighting system.
7. The CITY covenants and will indemnify and hold
harmless to the extent proVided by Florida Statutes Section 768.28,
DEPARTMENT and all of DEPARTMENT,s officers, agents, and employees
any claim, loss, damage, cost~,, charge or expense arising out of any act
action, neglect or omission by CITY during the performance of tb
contract, whether direct ior , whether to any person oi~-
property to which Department O] said may be subject, except that
neither CITY nor any of its ~ )-contractors will be liable under this
'section for damages arising out of injury or damage to persons or
property directly caused or resulting from the negligence of DEPARTMENT
or any of its officers, agents or employeesl
8. Ail services and work under :the construction contract shall' be
performed to the satisfaction of the DEPARTMENT's Director of
Construction and he shall decide all questions, difficulties and disputes
of whatever or by reason of such contract
for highway fulfillment of the services
thereunder, and the character, quali~y, 'amount, and value thereof; and'
his decision upo~ all claims, estions, and disputes thereunder shall be
final and conclusive upon the ~
12/88
710--010--73
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed by their duly authorized officer, and their official seals
hereto affixed, the day and year first above written.
MUNIcI-PALITY: CITY OF BOYNTON BEACH
BY:
Title:
ATTEST:
Title:
FLORIDA
BY:
Title:
ATTEST:
DEPARTMENT OF TRANSPORTATION
Executive Secr~ary
Legal Review: Date:
Att°rne~>~/FD~
DATE: /'U~t'i 1 tt i es Office