02/13/2006 - Special
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Special City Council Agenda
Date: 02/13/2006 1: 00 PM
Location: Council Chambers - City Hall
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1 Call to Order
2 Other items on City Manager Reports
2.1 Approve an amendment to the Roadway Transfer Agreement between the Florida
Department of Transportation and the City of Clearwater for the roadway transfer of
S.R. 60/ Cleveland Street! Gulf-to-Bay Boulevard to City jurisdiction adopt Resolution
06-15 and authorize the appropriate officials to execute same.
3 Adjourn
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City Council
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Trackinq Number: 1,933
Actual Date: 02/13/2006
Subiect / Recommendation:
Approve an amendment to the Roadway Transfer Agreement between the Florida Department of
Transportation and the City of Clearwater for the roadway transfer of S.R. 60/ Cleveland Street/
Gulf-to-Bay Boulevard to City jurisdiction adopt Resolution 06-15 and authorize the appropriate
officials to execute same.
Summary:
In August 2000 the City and the Florida Department of Transportation (FDOT) entered into a
roadway transfer agreement to transfer the State Road 60 designation from Cleveland Street/
Gulf-to-Bay Boulevard to Court and Chestnut Streets.
The transfer was to become effective upon FDOT acceptance of completion of the new Memorial
Causeway Bridge project which is now anticipated to occur on February 14, 2006.
FDOT has funds budgeted in their five year work program for the resurfacing of Cleveland Street
between Myrtle Avenue and Frederica Lane. The City has requested and the FDOT has agreed
that these funds be allocated to the City to allow the City to administer this resurfacing project;
however this can not be done after the roadway is transferred out of FDOT jurisdiction.
This agreement amendment will extend the roadway transfer date to February 28, 2006 and also
serves to commit FDOT to allocating to the City $436,000 in fiscal year 2006 for project design
and $1,857,670 in fiscal year 2008 for project construction.
A separate Joint Participation Agreement will be forthcoming which will provide the mechanism
for allocation of these funds.
A copy of the amendment is available for review in the Official Records and Legislative Services
office.
Oriqinatinq: Engineering
Section Other items on City Manager Reports
Cateqorv: Agreements/Contracts - without cost
Public Hearinq: No
Financial Information:
Review Approval
Michael Ouillen
02-08-2006
15:34:08
Garrv Brumback
02-08-2006
19:51:22
Pam Akin
02-08-2006
15:53:27
Sue Diana
02-10-2006
12:24:48
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City Council
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Cyndie Goudeau
02-09-2006 08: 13:23
Sue Diana
02-10-2006 12:26:20
RESOLUTION NO. 06-15
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE
ROADWAY TRANSFER AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
CLEARWATER FOR THE ROADWAY TRANSFER OF S.R. 601
CLEVELAND STREET IGULF-TO-BAY BOULEVARD TO CITY
JURISDICTION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the DEPARTMENT and the CITY have mutually agreed on
the transfer of S.R. 60/Cleveland StreetlGulf-to-Bay Boulevard from 0.476 miles West of
Pierce Boulevard to Highland Avenue, and this transfer was approved by the Secretary,
Florida Department of Transportation on the 21st day of August, 2000; and
WHEREAS, the DEPARTMENT and the CITY have mutually agreed to
amend the said roadway transfer agreement with respect to the effective date of
transfer and with respect to remuneration from the DEPARTMENT to the CITY for the
express purpose of the resurfacing of Cleveland Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the amendment to
the roadway transfer agreement between the Florida Department of Transportation and
the City of Clearwater and authorizes the execution of the same.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 06-15
AMENDMENT TO THE ROADWAY TRANSFER AGREEMENT BElWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTA nON I CITY OF CLEARWATER
FOR THE ROADWAY TRANSFER OF
S.R. 60/CLEVELAND STREET/GULF- TO-BAY BOULEVARD
TO CITY JURISDIcnON
THIS AMENDMENT made and entered into this 13th day of February, 2006, by and between
the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the DEPARTMENT, and the CITY OF CLEARWATER, hereinafter called the
CITY.
WITNESSETH
WHEREAS, the DEPARTMENT and the CITY have mutually agreed on the transfer of S.R.
60/Cleveland Street/Gulf-to-Bay Boulevard from 0.476 miles West of Pierce Boulevard to Highland
Avenue, and this transfer was approved by the Secretary, Florida Department of Transportation on the
21 st day of August, 2000,
WHEREAS, the DEPARTMENT and the CITY have mutually agreed to amend the said
roadway transfer agreement with respect to the effective date of transfer and with respect to
remuneration from the DEPARTMENT to the CITY for the express purpose of the resurfacing of
Cleveland Street,
NOW, THEREFORE, THIS INDENTURE WITNESSETH: in consideration of the mutual covenants
and promises herein contained, and for other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth
below:
This Amendment sets forth the terms and conditions under which the DEPARTMENT and the CITY
will abide, commencing on the date of approval by the Secretary of the Florida Department of
Transportation.
Except as set forth below, all terms of the said Agreement remain in force and full effect.
TERMS OF THE AMENDMENT AGREEMENT
I. Roadway Transfer ofS.R. 6O/Cleveland Street/Gulf-to-Bay Boulevard from 0.476 miles West
of Pierce Boulevard to Highland A venue, from the State Highway System to the City of
Clearwater Road System:
(a) The roadway transfer of SR 6O/Cleveland Street/Gulf-to-Bay Boulevard shall be effective on
the 28th day of February, 2006, and upon approval of this Amendment by the Secretary of the
Florida Department of Transportation.
(b) The DEPARTMENT will enter into a separate Joint Participation Agreement (JPA) with the
CITY for the express purpose of providing to the CITY state funds in the amount of $436,000
(four-hundred thirty-six thousand dollars) for preliminary engineering activities as
programmed in the Department's Adopted Five Year Work Program as Financial Project
Number 411336-1 in fiscal year 2006 and in the amount of $1,857,670 (one million eight-
hundred fifty seven thousand, six hundred seventy dollars), as programmed in the
Department's Adopted Five Year Work Program as Financial Project Number 411336-1 in
fiscal year 2008 as compensation to the CITY for its construction of the resurfacing of S.R.
60/Cleveland Street from Myrtle Avenue to Frederica Lane.
(c) The CITY in consideration of the above stated compensation shall incorporate the resurfacing
of Cleveland Street, from Myrtle Avenue to Frederica Lane, into the its comprehensive
corridor streets cape plan to be started during state fiscal year 2008, or sooner. The CITY shall
be solely responsible for any costs of resurfacing this segment of roadway that are over and
above the compensation amount herein stated.
(d) This Amendment is made pursuant to Chapter 339.135 (6)(a), Florida Statutes, which states:
"The department, during any fiscal year, shall not expend money, incur any liability, or enter
into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or
written, made in violation of this subsection is null and void, and no money may be paid on
such contract. The department shall require a statement from the comptroller of the
department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph
shall be incorporated verbatim in all contracts of the department which are for an amount in
excess of$25,000 and which have a term for a period of more than 1 year."
All words used herein in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words used in any gender shall extend to
and include all gender.
This Amendment shall be governed by and construed in accordance with the laws of the State of
Florida.
Each Party is an independent contractor and is not an agent of the other party. Nothing contained in
this Amendment shall be construed to create any fiduciary relationship between the parties, during or
after the performance of this Amendment. Neither party shall have the authority to bind the other
party to any obligation whatsoever to any third party without the express specific written consent of
the other.
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same formality and of equal
dignity herewith.
If any part of this Amendment shall be determined to be invalid or unenforceable by a court of
competent jurisdiction or by any other legally constituted body having the jurisdiction to make such
determination, the remainder of this Amendment shall remain in full force and effect provided that the
part of this Amendment thus invalidated or declared unenforceable is not material to the intended
operation of this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and
year first above written.
CITY OF CLEARWATER
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTA nON
BY:
Frank Hibbard
Mayor -Commissi oner
BY:
Donald 1. Skelton, P.E.
District Seven Secretary
BY:
BY:
William B. Horne II
City Manager
Transportation
Denver 1. Stutler, Jr., P.E.
Secretary, Florida Department
of
LEGAL REVIEW
LEGAL REVIEW
Pam Akin
Assistant City Attorney
District Legal Counsel
ATTEST:
ynthia E. Goudeau
City Clerk
ATTEST:
Title
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