HomeMy WebLinkAbout1975-05440
RESOLUTION NO. 75-54
40_m WHEREAS, this Board 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 Pavment Marking Demonstration Program will pro-
vide centerline striping and edgeline striping on many miles
of county roads 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 Indian River County; and
5. In order to implement this program it is necessary
to submit to the Florida Department of Transportation a
resolution authorizing the County Administrator to act on
behalf of Indian River County in this matter and an executed
agreement between the County and the Florida Department of
Transportation covering the striping to be done;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
A. The Chairman of this Board is hereby authorized
to execute the agreement, attached hereto as Exhibit "l",
between Indian River County and the Florida Department of
Transportation concerning the Pavement Marking Demonstration
Program; and
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B. The County Administrator .is hereby authorized
to act on behalf of Indian River County concerning this
program.
Such Resolution shall become effective as of the
LOTH day of SEPTEMBER , 1975.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By G2
Aima Lee Loy, Chair n
Attest:s cif�yec,�
Ralp arris, Clerk
Adopted: September 10, 1975
40
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( AGREEMENT
(Pavement Marking - FDOT or its Contractor Performs Work)
THIS AGREEMENT, made and entered into this 1 0thday of September.,
1975, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, here-
inafter called the "Department", and'_* INDIAN RIVER COUNTY
hereinafter called the "Public Body";
WI'T'NESSETH:
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 cost of
2. In the event that any, election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable
law to enable the Public Body to enter into this Agreement or to undertake
the Program hereunder, or to observe, assume or carry out any of the provisions
of the Agreement, the Public Body will initiate and consunnnate, as provided
by law, all actions necessary with respect to any such matters so requisite. .
3. The Public Body is not required to participate in the financing
of the Program. Eligible costs for the Program do not include any expenses
incurred in the performance of paragraph four.
A. The Public Body shall obtain traffic coi-:its of all streets
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within the Program limits prior to application of pavement markings and
also annually for a two year period commencing on the date of the Depart-
ment'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 24 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 Depatment by July 15th of
r
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. Department of Transportation form 1451 as
shown in Exhibit'll r
5. The Public 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 of, or due to the breach of
this Agreement by the Public Body, its agents or employees, or due to any
act or occurrence or omission or commission of the Public Body, its agents
or employees. It is specifically understood and agreed that this indemnifi-
cation 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 whatever
nature which may arise under or by reason of this Agreement, the prosecution
and fulfillment of its services hereunder, and the character, quality, amount
and value•thereof and his decision upon all claims, questions and disputes
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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.
1 a
APPROVED: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Tay , ras-rn, DIrect' or of koaa'J U�rector o m7iiis ration"
Operations
ATTEST: (SEAL)
Executive Secretary
Public Body
'BY:
r
Alma Lee Loy
TITLE:'hairman....... .. .....
ATTEST:..
�...-� ....... (SEAL)
- - -- CL ECK
TITLE:
APPROVED AS TO FORM, LEGALITY AND
EXECUTION, FLORIDA DEPARTMENT OF
TRANSPORTATION
BY:
ssIstant Attorney
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771
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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 perfor-
mance of the contract a number of apprentices in each occupation which bears.
to the average number of 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 tra-fining, 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 beginning workers, and
excessive unemployment of apprentices in their second and subsequent years
of training,
3. That, during the performance of the contract, he will make
diligent efforts to employ the number of apprentices necessary to meet
requirements 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 journeymen and the wages paid and hours of work of such apprentices and
journeymen, on a form as prescribed by the Bureau of Apprenticeship of the
Division of Labor and Employment Opportunities at three month intervals.
ATTACHMENT
Page 2
Submission of duplicate copies of forms submitted to the United States Depart-
ment of Labor shall be sufficient compliance with the provisions of this
section.
(c) The contractor agrees to supply 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 contain-
ing a breakdown by craft of hours worked and wages paid for first year appren-
tices, 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".
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