93-58RESOLUTION 93 -58
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING AN AMENDMENT TO A JOINT PARTICIPATION
AGREEMENT ENTERED INTO WITH THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, ON MAY 3, 1993, REGARDING
THE REPLACEMENT OF THE CLEARWATER PASS BRIDG'
AUTHORIZING THE MAYOR - COMMISSIONER TO EXECUTE THE
AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida, hereinafter the "CITY ", and the
State of Florida, Department of Transportation, hereinafter the "FOOT ", entered
into an agreement on May 3, 1993, for the design, acquisition of right -of -way and
construction for the replacement of the Clearwater Pass Bridge, WPI # 7126698,
SPN # 15140 -1518, FAP # BRM- 1255 -(8), a copy of which is attached hereto as
Exhibit B, hereinafter the "Agreement "; and
WHEREAS, the FDOT has applied to amend the Agreement by the incorporation
of certain additional provisions to said Agreement, and the deletion of certain
provisions presently contained in the Agreement, all as described in the
Amendment to Joint Participation Agreement attached hereto as Exhibit A, which
has been duly considered by the�City Commission; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Amendment to the Joint Participation Agreement, in the form
attached hereto as Exhibit A, is found and declared to be for a valid public
purpose and is approved.
Section 2. The Mayor - Commissioner is authorized to execute the Amendment
to Joint Participation Agreement upon adoption of this resolution.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 18th day of October , 1993.
Attest:
0 2 ._ (a
Cyn pia E. Goudaau, City Clerk
Atl
Rita Garvey, Mayor -C js_sio_ner
93 .5k
AMENDMENT TO JOINT PARTICIPATION AGREEMENT
CLEARWATER PASS BRIDGE REPLACEMENT
This Joint Participation Agreement Amendment was made and
entered into this day of , 1993, between
the State of Florida Department of Transportation, hereinafter
referred to as the "DEPARTMENT" and the City of Clearwater,
hereinafter referred to as the "CITY".
W I T N E S S E T H:
WHEREAS, the DEPARTMENT and the CITY entered into an agreement
on May 3, 1993 for the design, acquisition of right -of -way and
construction for the replacement of the Clearwater Pass Bridge, WPI
# 7126698, SPN #15140 -1518, FAP# BRM- 1255 -(8), hereinafter the
"AGREEMENT "; and
WHEREAS, the parties have agreed to the incorporation of
certain additional provisions to said AGREEMENT and the deletion of
certain provisions presently contained in the AGREEMENT; and
WHEREAS, the CITY, by Resolution No. 93-58 , adopted on
, 1993, has authorized its officers to execute this
Addendum on its behalf; and
NOW, THEREFORE, the parties agree to amend the Agreement as
follows:
1) The DEPARTMENT shall issue Right of Way Certification for the
PROJECT.
2) Paragraph number eight (8) of the Agreement is deleted.
3) The last sentence of paragraph number ten (10) is revised to
read:
"The completion date for the CITY's portion of the PROJECT
shall be no later than December 13, 1993."
4) The CITY shall grant the DEPARTMENT all necessary Rights of
Entry for the performance of its obligations hereunder.
5) The CITY shall provide the DEPARTMENT Technical Specifications
for placement of a dredge spoil at the City of Qlearwater
Northeast Wastewater Treatment property located at 3290 SR 580
and McMullen Booth Road, Clearwater, Florida.
Except as hereby modified, amended or changed, all of the
terms and conditions of the AGREEMENT shall remain in full force
and effect.
EXHIBIT A e1 '5r
AMENDMENT TO JOINT PARTICIPATION AGREEMENT
Clearwater Pass Bridge Replacement
IN WITNESS WHEREOF, the parties hereto have executed and
affixed their official seals to this Addendum on the day and year
first above written.
CITY OF CLEARWATER
BY:
Mayor
ATTEST:
•Deputy Clerk (SEAL)
Approved as to legal form
City Attorney
92--JPA-•CL-029 /cdp
08/16/93
RIMS110 9121931COP
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
District Seven
ATTEST:
Executive Secretary
(SEAL)
Approved as to legal form
District Seven Attorney
/ 3- sk
JOINT PARTICIPATION AGREEMENT
The AGREEMENT, made and entered into this 3 " day of
fn.t , 1993, between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, a component agency of the State of Florida,
hereinafter referred to as the "DEPARTMENT ", and the CITY OF
CLEARWATER, a municipal corporation of the State of Florida,
hereinafter referred to as the "CITY ".
W I T N E S S E T H:
WHEREAS, both the DEPARTMENT and the CITY wish to facilitate
the construction of a transportation project which is located in
the CITY, hereinafter referred to as the "PROJECT" and more
specifically described as follows:
Design, acquisition of right -of -way and construction for the
replacement of the Clearwater Pass Bridge, WPI# 7126698, SPN#
15140 -1518, FAP# BRM-1255 -(8); and
WHEREAS, the CITY shall be responsible for PROJECT design and
right -of -way mapping, title searches, right -of -way acquisition,
including defense of any inverse condemnation actions arising from
the PROJECT and the clearing and certification of all right-of-way
necessary for this PROJECT; and
WHEREAS, the DEPARTMENT shall be responsible for the
construction of the facility; and
WHEREAS, the parties have agreed to assume certain maintenance
responsibilities upon completion of the PROJECT; and
WHEREAS, the DEPARTMENT is authorized to contract with local
governmental entities to the maximum extent possible for
performance of its transportation responsibilities; and
WHEREAS, the CITY, by Resolution No. -j -off , a copy of which
is attached hereto as Exhibit "A ", has authorized its officers to
execute this Agreement on its behalf;
NOW, THEREFORE, for and in consideration of the mutual
covenants herein set forth, the parties hereto agree as follows:
1) The CITY shall, prepare all survey documents and right -of -way
curitrol drawings for the PROJECT.
2) The CITY, at its own expense:, shall acquize all necessary
right -of -way for the.PROJECIV and shall also conduct all title
searches, right -of -way mapping, and the clearing and
1
EXHIBIT B .4-g
certification of all right -of -way necessary as part of the
acquisition process for the PROJECT.
3) The CI'T'Y shall make available all documentation related to the
right -of -way acquisition process for inspection by the
DEPARTMENT, and the CITY shall correct any deficiencies noted
during reviews of documentation by the DEPARTMENT. The CITY
agrees to make any and all corrections to documentation
concerning these acquisitions as may be required by the
DEPARTMENT. All corrections required will be presented to the
DEPARTMENT project manager for review and approval.
4) The CITY shall close the property transactions in accordance
with the CITYrs procedures. should litigation be required,
condemnation suits shall be filed by the CITY using the CITYOs
legal personnel and resources. Litigation will be initiated
in the name of the CITY and any mediation shall be conducted
through the CITY for benefit of and acquisition by the CITY.
The DEPARTMENT shall supply any necessary documentation, maps
or plans, and testimony to support and assist the CITY in
acquiring the right -of -way parcels.
5) The CITY agrees to defend any inverse condemnation actions
which may arise from the PROJECT.
6) The CITY agrees to take the necessary steps to render all
right -of -way required by this Agreement free of all hazardous
waste and petroleum contamination in accordance with
applicable law.
7) The CITY will be required to perform demolition of structural
improvements insuring relocation of any displacees in
accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended.
8) The DEPARTMENT will review all deeds of conveyance to the
parcels and easements necessary for the construction of the
PROJECT, once the review is complete and acceptance given by
the DEPARTMENT, the DEPARTMENT shall render a Right -of -Way
Certification.
The CITY shall convey to the DEPARTMENT by appropriate deed of
conveyance, only those parcels necessary to facilitate the
construction. Such conveyance will be accomplished no later
than sixty days prior to the scheduled mail date of
October 18, 1993.
9) The DEPARTMENT will review t1le roadway design plans at the
30 %, 60% 90% and 100% plans completion phases within twenty
(20) working days of receipt 017 the plans. The DEPARTMENT
will review the bridge de!.:iyn plans at the 30 90% and 100%
completion phase.,; within thit•ty (30) wor1,,it1g days of receipt
9,4-39
of the plans. The City will not proceed to the next phase
until receiving approval from the DEPARTMENT for the prior
phase.
Within twenty (20) working days of the DEPARTMENT's approval
of the 30% roadway plans, a pavement design package will be
submitted to the DEPARTMENT for review and approval, which
approval shall not be unreasonably withheld. The CITY must
provide ten (10) working days written notice to the
DEPARTMENT's Project Manager prior to the 60% and 90% field
review meetings.
lo) Upon completion of the CITY's portion of the PROJECT the
DEPARTMENT will make a final inspection and acceptance of said
PROJECT prior to the commencement of the construction phase.
The CITY will then furnish the DEPARTMENT with all right -of-
way documents and maps. The anticipated completion date for
the CITY's portion of the PROJECT shall be no later than
September 13, 1993.
11) The CITY shall acquire all necessary permits and utility
adjustments for the PROJECT in accordance with all applicable
laws, rules and regulations. The CITY is responsible for
preparation and submission of all Federal, State and Local
permits. Furthermore, the CITY is responsible for submitting
the Stormwater Pollution Prevention Plan (SWPP) and Notice of
Intent (NOT) for review by the DEPARTMENT prior to
construction and as a part of plans review in accordance with
the Code of Federal Register (40 CFR 122.26), and United
States Environmental Protection Agency (USEPA) implementation
procedure by incorporating the National Pollution Discharge
Elimination System (NPDES) as documented in the September 25,
1992 issue of the "Federal Register" Part III, Vol. 57, No.
187.
12) The construction, construction engineering inspection (CEI)
and traffic control plan rTCP) as performed by the DEPARTMENT
shall conform to all specifications, standards, guidelines,
rules and procedures of the DEPARTMENT.
13) The DEPARTMENT shall make the site available to the CITY
personnel for inspection, if the CITY so desires and shall
furnish the CITY, if requested, with progress reports on a
monthly basis.
14) After final acceptance of the PROJECT, the CITY and the
DEPARTMENT shall have separate and specific responsibilities
for maintenance of the PROJECT elements. The DEPARTMENT will
be responsible for the inspection of the bridge to assure the
structural integrity of the facility and bridge: scour. The
CITY will provide the routine' maintenancu, repairs and upkeep
of the bridge and roadway.
i,; � 5 k
15) If the CITY abandons the PROJECT or if for any reason the
DEPARTMENT determines that the performance of the CITY is not
satisfactory, the DEPARTMENT shall provide the CITY with
written notice of the DEPARTMENT's intent to suspend or
terminate this Agreement until such time as the event or
condition resulting in such notice has ceased or been
corrected. The CITY shall have ten (10) days from receipt of
such written notice to respond or take corrective action. If
the CITY fails to respond or take corrective action, the
DEPARTMENT may suspend or terminate this Agreement until such
time as the PROJECT is completed, at which time the DEPARTMENT
will assess whether the CITY is required to reimburse the
DEPARTMENT for performance of the CITY's obligations under the
Agreement,
16) The parties recognize and accept the funding restrictions set
forth in Section 339. 135 (7) (a) , Florida Statutes (1992 supp.) ,
which may affect the DEPARTMENT's obligations hereunder:
(a) 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
period 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 any
amount in excess of $25,000 and which have a term for a
period of more than 1 year.
17) Any notice or other document which either party is required to
give or deliver to the other shall be in writing and served
either personally or given by prepaid certified mail, return
receipt requested, or by any delivery service from which a
receipt may be obtained, an addressed as identified in Exhibit
"B" which is attached hereto and by reference made a part
hereof.
18) Nothing herein small be conStl.•ued to create any third party
beneficiary rights in any parson nut a party to tnis
Agreement.
19) Lech party agrees that it siiall b, solely i:uspvnsiblu tor the
q3 -s-o,
wrongful acts of its employees, contractors and agents.
However, nothing contained herein shall constitute a waiver by
either party of its sovereign immunity and the limitations set
forth in Section 768.28, Florida Statutes (1992 supp.).
20) This Agreement shall be binding upon and inure to the benefit
of the parties and their successors and assigns; provided,
however, that no such assignment shall be effected until prior
written consent thereto shall have been given by the
DEPARTMENT, which consent shall not be unreasonably withheld.
21) If any provision or the Agreement is held invalid, the
remainder of this Agreement shall not be affected thereby if
such remainder would then continue to conform to the terms and
requirements of applicable law.
22) This Agreement shall be governed and construed in accordance
with the laws of the State of Florida.
s
,0
JOINT PARTICIPATION AGREEMENT
Clearwater Pass Bridge Replacement
IN WITNESS WHEREOF, the parties hereto nave execurea ancL
affixed their official seals to this Agreement on the day and year
first above written.
CITY OF CLEARWATER
BY:
M yor
ATTEST: z _
-9;fi Clerk (SEAL)
Approved as to form and legal sufficiency-
City Att me
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: G� I• ��.
District Secretary
Dis rict Seven
ATTEST:
Executive Secretary
(SEAL)
A pro ed as to form and legal
s ff'cie c
rict Seven Atto ey
1
DE RTMENT USE ONLY
Reviewe
i
DavW J. Ieckman
Professional Services Administrator
92- JPA-CL- 029 /blb
03/15/93
v
q5 '5"
RESOLUTION 93 -24
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING A JOINT PARTICIPATION AGREEMENI BETWEEN THE
CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION, FOR CONSTRUCTION OF THE CLEARWATER
PASS BRIDGE, AND AUTHORIZING EXECUTION OF THE AGREEMENT
BY THE MAYOR; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the need for a replacement bridge over Clearwater Pass has been
evident since June, 1987; and
WHEREAS, a joint participation agreement has been negotiated with the
Florida Department of Transportation pursuant to which the City will accomplish
the engineering design, obtain all necessary permits, and acquire necessary right
-of -way, and the Florida Department of Transportation will construct the bridge;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The joint participation, agreement with the State of Florida,
Department of Transportation, a copy of which is attached hereto as Exhibit A,
is approved, and the Mayor is hereby authorized to execute the agreement on
behalf of the City.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 19th day of April, 1993.
Attest:
�.
erk A
4Cyn—
ita Garvey
City hlayor- Commissioner
I Lvxt`y certit y that Jtk U a tnic and
oan rt npy ,4 tl: ' .<r ,tuwi as it
171:,Srars ,U tt:%. kill, bi ...e C;ly ut
ttt w��'Zlffl�vt:klyQt i.Ic �ra:tter.
EXIIIBIT A
I)�patyClty la
EXHIBIT "B"
Any notice or other document which either party is required to give
or deliver to the other shall be in writing and served either
personally or given by prepaid certified mail, return receipt
requested, or by any delivery service from which a receipt may be
obtained, and addressed as identified below:
CITY: Mr. William C. Baker
Director of Public Works
Public Works Administration Office
City Hall Annex
10 South Missouri Avenue
P.O. Box 4748
Clearwater, Florida 34618 -4748
DEPARTMENT: Contract Administration
Bonnie L. Baer, JPA Administrator
Florida Department of Transportation
District Seven Professional Services
11201 N. McKinley Drive
Tampa, Florida 33612 -6403
Pro-i ect Management
Randy W. Sanborn, Project Manager
Florida Department of Transportation
District Seven Project Management
11201 N. McKinley Drive
Tampa, Florida 33612 -6403