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06-29 RESOLUTION NO. 06-29 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A DISTRICT SEVEN HIGHWAY BEAUTIFICATION MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), PROVIDING AN EFFECTIVE DATE. WHEREAS, State Road 60 (Memorial Causeway) serves as the major thoroughfare to Clearwater Beach for residents and tourists daily; and WHEREAS, FDOT owns State Road 60 right-of-way consisting of road improvements, medians and grassed areas abutting thereon located between the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge; and WHEREAS, the City of Clearwater has maintained this portion of State Road 60 for over 30 years; and WHEREAS, the City of Clearwater desires to further improve and beautify this right-of-way; and WHEREAS, on March 2, 2006, the City Council approved Resolution 06- 13 which authorized the City Manager to execute a Streetscape Maintenance Memorandum of Agreement with the FDOT, but said Agreement format has since been superceded by the FDOT Beautification Maintenance Memorandum of Agreement, (attached hereto as Attachment "A"), which shall replace the formerly approved Agreement in total; and WHEREAS, the City Council desires to authorize the City Manager to execute a District Seven Highway Beautification Maintenance Memorandum of Agreement in order to meet the City's long-range goal of beautifying and maintaining the Memorial Causeway, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Mayor and City Manager are hereby authorized to enter into a District Seven Highway Beautification Maintenance Memorandum of Agreement with the Florida Department of Transportation. Section 2. Resolution No. 06-13 is hereby rescinded. Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 06-29 PASSED AND ADOPTED this 18th day of May ,2006. ::i~-~ ;/ ~/~ Praflk V. Hibbard ' / Mayor Approved as to form: q;-, Attest: Lau~a Lipowski Assfstant City Attorney ~~.~~ jPCynthi . oudeau / 1) City Clerk 2 Resolution No. 06-29 Attachment "A" MOA 01-06 DISTRICT SEVEN HIGHWAY BEAUTIFICATION MAINTENANCE MEMORANDUM OF AGREEMENT TillS AGREEMENT, made and entered into as of the day of 2006, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "Department" and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, existing under the Laws of Florida, hereinafter called the "City". WITNESSETH WHEREAS, the Department owns State Road 60 (Court Street and Memorial Causeway) right-of-way consisting of road improvements and grassed areas abutting thereon located between Court Street at Oak A venue Oak A venue and Memorial Causeway 770 feet west of the bridge in Pinellas County, Florida (the "Project Highway"); and WHEREAS, the Department has responsibility for operation and maintenance of the State Highway System; and WHEREAS, the Project Highway is beautified by improvements which enhance its aesthetic quality; and WHEREAS, the City has agreed to install and maintain those improvements in accordance with the provisions below; and WHEREAS, the Department is authorized pursuant to Section 335.055, Florida Statutes to enter into contracts with counties and municipalities to perform routine maintenance work on the State Highway System within the appropriate boundaries; and WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting forth the responsibilities of each party in maintaining the improvements; and WHEREAS, the City has authorized its officers to execute this Agreement on its behalf, NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. The City shall install and maintain those improvements to the Project Highway as specified in the Construction Plans and Specifications attached hereto as Exhibit "A", and the Maintenance Plan attached hereto as Exhibit "B", all of which are hereby incorporated herein and made a part hereof by this reference and all of the work in connection therewith being hereinafter referred to as the "Project". Except as permitted in this agreement, the City shall not modify the Project without prior written approval of the Department. 2. In the event that any portion of the Project is at any time determined by the Department to not be in conformance with all applicable laws, rules, procedures and guidelines of the Department, or is determined to be interfering with the safe and efficient operation of any transportation facility, or is otherwise determined to present a danger to public health, safety, or welfare, said portion shall be immediately brought into departmental compliance at the sole cost and expense of the City. 3. The Department recognizes that the City must comply with Section 166.241, Florida Statutes. This Agreement shall not be construed to modify, in any way, the City's obligations under those statutes. 4. Maintenance of the Project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department not to be in conformance with the applicable Project standards, the Department may terminate the agreement in accordance with paragraph lO(a). 5. The Department's Area Maintenance Office shall be notified forty-eight hours in advance of commencing any scheduled construction or maintenance activities. Emergency repairs shall be performed without delay and the Area Maintenance Office notified immediately. The Area Maintenance Engineer with responsibility for the roadway within this Project is Mr. Brian Bennett, P.E., located at 5211 Ulmerton Rd., Clearwater, Florida, telephone number (727) 570-5101. 6. Prior to any major Project construction or reconstruction activity, the City shall submit plans of the proposed work to all utilities with facilities within the limits of work for their review and comment. The City shall resolve any conflicts and/or concerns raised by the utilities prior to commencement of such activities. Prior to commencing any field activity on this project, the City shall notify all the utilities of their work schedule enabling facilities to be field located and marked to avoid damage. 7. If the City desires to position vehicles, equipment, or personnel, or to perform maintenance activities closer than fifteen feet to the edge of pavement, or to close a traffic lane, Maintenance of Traffic shall be in accordance with the Project plans and all Departmental Maintenance of Traffic Regulations. The permittee shall have Maintenance of Traffic certified personnel supervise the set up and operation of such Maintenance of Traffic devices at the site of the construction or maintenance activity. 8. The Department will require the City to cease operations and remove all personnel and equipment from the Department's right-of-way if any actions on the part of the City or representatives of the City violate the conditions or intent of this agreement as determined by the Department. 9. It is understood between the parties hereto that any or all of the Project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future 20f5 criteria or planning of the Department. The Department shall give the City notice regarding such removal, relocation or adjustment and the City shall be allowed sixty calendar days to remove all or part of the Project at its own cost. The City will own that part of the Project it removes. After the sixty calendar days removal period, the Department may remove, relocate or adjust the Project as it deems best. Wherever the City removes improvements pursuant to this agreement, the City shall restore the surface of the affected portion of the project premises to the same safe and trafficable condition as existed prior to installation of such improvements. 10. This Agreement may be terminated under anyone of the following conditions: (a) By the Department if the City, following fifteen working days written notice, fails to perform its maintenance responsibilities under this Agreement. (b) By the City following sixty calendar day's written notice. (c) By the Department following sixty calendar day's notice. 11. Within 60 days following a notice to terminate pursuant to 10(a) or 10(b), if the Department requests, the City shall remove the Project and restore the Project premises to the same safe condition existing prior to installation of the Project. If the Department does not request such restoration or terminates this Agreement pursuant to lO(c), the Department may remove, relocate or adjust the Project as it deems best. 12. To the extent provided by law, the City shall indemnify, defend, and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damages, cost, charge, or expense arising out of any act, error, omission, or negligent act by the City, its agents, or employees, during the performance of the Agreement, except that neither the City, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When either party receives notice of a claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other within fourteen working days and jointly discuss options in defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver of any right herein. 13. The Department's District Secretary shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution, or fulfillment of the service 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. 14. This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 30f5 15. This Agreement may not be assigned or transferred by the City, in whole or in part without consent of the Department. 16. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 17. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt: (1) If to theDepartment, address to District Landscape Architect, at Florida Department of Transportation, MS 7-1200, 11201 N. McKinley Drive, Tampa, Florida 33612- 6456 or at such other address as the Department may from time to time designate by written notice to the City; and (2) If to the City address to Michael D. Quillen, P.E., City Engineer, City of Clearwater, 100 S. Myrtle Avenue, Clearwater, Florida 33758-4748 or at such other address as the City from time to time designates by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other instruments. 4of5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CLEARWATER a municipal corporation of the State of Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Frank V. Hibbard Mayor James V. Moulton, Jr., P.E. Director of Transportation Operations, District Seven By: William B. Home City Manager Attest: Cynthia E. Goudeau (SEAL) City Clerk Attest: Executive Secretary (SEAL) Legal Review: ~..,...q'V. .' ---~". . ":1t Lai,'i~ Lipowski Atsistant City Attorney Legal Review: Office of the General Council, District 7 50f5