JOINT PARTICIPATION AGREEMENT AMENDMENT RE CLEARWATER MEMORIAL CAUSEWAY EAST BRIDGE
!
I
(
AMENDMENT
CITY OF CLEARWATER
FPN: 257093 1 52 01
FORMERWPI: 7117181
JOINT PARTICIPATION AGREEMENT AMENDMENT
CLEARWATER MEMORIAL CAUSEWAY EAST BRIDGE
THIS AGREEMENT, made and entered into this day of 20
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of
the State of Florida, hereinafter referred to as the "DEPARTMENT", and the CITY OF
CLEARW ATE&, hereinafter referred to as the "CITY"
WITNESSETH:
WHEREAS, the DEPARTMENT and the CITY heretofore on the 27th of June, 1997
entered into a Joint Participation Agreement; and
WHEREAS, the CITY and the DEPARTMENT have mutually agreed that the CITY shall be
responsible for the Right of Way phase of the PROJECT; and
WHEREAS, the CITY and the DEPARTMENT have mutually agreed to change the estimate
of project costs; and
WHEREAS, the DEPARTMENT has provided a revised reimbursement schedule to provide
for payment in two (2) lump sums and to exclude right of way from the reimbursement schedule; and
WHEREAS, the CITY, by Resolution No. , a copy of which is attached hereto as
Exhibit E, and by reference made a part hereof, has authorized its officers to execute this Amendment
Agreement on its behalf
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration
of the mutual benefits to flow from each to the other, the parties hereto agree that the above
described Joint Participation Agreement is to be amended as follows:
The responsibility for the Right of Way phase of the PROJECT is hereby amended. The PROJECT
Right of Way phase will be performed by the CITY. The CITY shall be responsible for all of the
costs associated with the Right of Way phase and shall provide all documents, permits, and right of
way to the DEPARTMENT for the PROJECT no later than April 2001. The PROJECT
Construction phase is currently scheduled for a September 2001 Letting.
(A) The CITY shall acquire all such right of way and necessary easements required by the
DEPARTMENT to construct and maintain the PROJECT in accordance with amended Exhibit B.
The City shall grant all necessary right of entries for construction and convey title in accordance with
the executed Jurisdictional Transfer Agreement.
1
~1-/
,,/
{} f) '--1/ j -0 I
{rr ';
!
I
I
(B) The CITY shall be responsible for utility relocation, in a timely manner to support
construction, and reimbursable cost to utilities owners as may be required.
(C) The CITY shall be responsible for obtaining all permits which may be required to construct
the PROJECT.
(D) The CITY will submit in writing all construction plans, specifications and special provisions
for the PROJECT for review and approval prior to the construction and such review and approval
shall not be unreasonably withheld. Thereafter, any such changes to the approved construction plans,
specifications, or special provisions shall be submitted to the DEPARTMENT for review and
approval prior to construction authorization by the CITY. Variances or exceptions to the
DepartmentDs Roadway and Traffic Design Standards and Standard Specifications for Road and
Bridge Construction must be approved by the DEPARTMENT in writing.
(E) In the event the DEPARTMENT encounters hazardous or contaminated materials within the
limits of the PROJECT, the CITY shall be responsible for the expense of hazardous or contaminated
materials removal and appropriate disposal in accordance with State and Federal Standards as
required by DEPARTMENT policy and procedure.
(F) The CITY will be responsible for all costs and proceedings for driveway modifications and
closures.
The cost of the PROJECT is amended to include a new Construction estimate, including
contingencies and CEI. The CITY shall make the deposit in accordance with amended Exhibit "e."
The CITY agrees that it will, at least fourteen (14) calendar days prior to the
DEPARTMENT's advertising the project for bid, and the CEI for consultant selection, furnish
the DEPARTMENT an advance deposit in the amount of$ 38.065,077 (Thirty eight million,
sixty five thousand, seventy seven dollars) for the City's portion of the estimated project cost
for Locally Funded project number FPN: 257093 1 52 01, and associated phases. The
advance deposit shall be the City's estimated project cost plus allowance 10% ($ 4,551.371).
CE.I. and 5% ($ 2.167.319). Construction Contingency of the total vroiect cost,
$50,065.077. The DEPARTMENT may utilize this deposit for payment of the costs of the
project.
In the event the CITY is unable to issue bonds for this Project, the CITY and the
DEP ARTEMENT will provide a new project schedule as soon as the CITY funds become
available.
Exhibit "A" of said Agreement is amended to revise the reimbursement schedule and project
cost estimate for construction and CEI.
Exhibit liB" is amended to include, under item "t.", F.A.C. Rule 14-66 and Chapter 334,
Florida Statutes; a new item "v", the FHW A approved EA/FONZI dated 2/1/99; and updated year
references for specified manuals.
The original Exhibit "C" Memorandum of Agreement is amended to remove references about
the right of way phase and include a corrected estimated cost for construction.
d
~l/
,! i
)
I
AMENDMENT
CITY OF CLEARWATER
FPN: 257093 1
FORMER WPI: 7117181
Exhibit UD" is amended to revise the PROJECT schedule.
A new Exhibit "F" is provided for the CITY's PROJECT Financial Plan.
)
I
AMEND]'v[ENT
CITY OF CLEARWATER
FPN: 257093 1
FOR!\.1ER WPI: 7117181
Except as hereby modified, amended or changed, all other terms of said Agreement dated
June 27th. 1997 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the
day and year first above written.
DEPARTMENTOFlRANSPORTATION
:L1!.
WILLIAM B. HORNE, IT
INTERIM CITY MANAGER
DONALD 1. SKELTON, P.E.
DISTRICT DIRECTOR OF PLANNING
AND PUBLIC TRANSPORTATION
:~~~ -
MA YOR-COMlVIISSIONER
J.~", .
ATTEST
~ 2.: JL .Don
C ~fllA E. GOUDEAU
CI CLERK
APPROVED TO AS TO FORM
~, . /l-. .//
:~6~~ f~~7~~
CITY OF CLEARWATER
APPROVED AS TO FORM, LEGALITY
ATTORNEY
DEPARTMENT OF TRANSPORTATION
~
~.
I
I
AMENDMENT
CITY OF CLEARWATER
FPN: 257093 1
FORMER WPI: 7117181
AMENDED
EXHmIT A
ADVANCE FUNDING SCHEDULE
This Exhibit forms an integral part of that certain Amended Joint Participation Agreement
between the State of Florida, Department of Transportation (Department) and the City of
Clearwater (City) executed on June 27. 1997 and amended on
This agreement shall continue in effect and be binding on all parties until the project is
completed, any subsequent litigation is complete and terminated, final costs are known, and
legislatively appropriated reimbursements, if approved, are made by the Department.
I. Estimated Project Cost:
$50,065,077
II. Advanced Funding from the City to the Department: Fiscal Year 2001/2002, $38,065,077
III. Reimbursement of project costs from the Department to the City, not to exceed $13,000,000
for Design, Construction, and CEI, will be available in the year in which the funds are
programmed in the Department's Adopted Five Year Work Program and are subject to
Legislative appropriation.
The Department agrees to reimburse the City in accordance with Section 339.12 of the Florida
Statutes an amount not to exceed $3,000,000 for the Department's participation in Design costs
in the Department's Fiscal Year 2002/2003. The Department agrees further to reimburse the City
in an amount not to exceed $10,000,000 for the Department's participation in Construction and
C.EJ. costs in the Department's Fiscal Year 2004/2005.
Requests for reimbursement offees or other compensation of services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof At no time will the
total reimbursement exceed the cumulated, accepted project expenditures. Invoices will be
submitted to the Department by the City in a format provided and approved by the Department in
the fiscal years funds become available as referenced above. Invoices should be submitted to the
Department by September 2002 for Design costs and September 2004 for Construction and CEI
costs. Payments to the City will be made in lump sums in accordance with the approved invoices.
The Department further agrees to request appropriation of said amounts from the Legislature
prior to each fiscal year in question. The Department's obligation to pay is contingent upon
annual appropriation by the Florida Legislature.
t
I
I
AMENDMENT
CITY OF CLEARWATER
FPN: 257093 1
FORMER WPI: 7117181
AMENDED
EXHffiIT B
This Exhibit forms an integral part of that certain Amended Joint Participation Agreement
between the State of Florida, Department of Transportation (Department) and the City of
Clearwater (City) executed on June 27. 1997 and amended on
This agreement shall continue in effect and be binding on all parties until the project is completed,
any subsequent litigation is complete and terminated, final costs are known, and legislatively
appropriated reimbursements, if approved, are made by the Department.
Project Location:
Memorial Causeway East Bridge in Pinellas County
Project Description:
Design, Right of Way Acquisition, and Construction and CEI of the MEMORIAL CAUSEWAY
EAST BRIDGE
Special Considerations by Agency:
The audit report(s) required in the Agreement shall include a schedule of project assistance that
will reflect the Department's contract number, Financial Project Number, the Federal
Identification number, and bridge number, where applicable, and the amount of state funding
action (receipt and disbursement offunds) and any federal or local funding action and the funding
action from any other source with respect to the project.
Miscellaneous Provisions
I. All proposals, plans, specifications, environmental permits, acquisition, construction,
reconstruction or improvement of facilities or equipment within or connecting to state owned
right of way shall comply with the following:
a) Section 287.055 F.S. "Consultants' Competitive Negotiations Act".
b) FDOT "Project Development and Environmental Manual"
c) Section 404 of the Clean Water Act, Wetlands Permitting Programs (U.S.A.C.O.E)
d) Rule Chapter 17-312 F AC, Dredge and Fill Activities (DER)
e) Rule Chapter 40D-4 and 40D-40, Surface Water Management (S.W.F.W.M.D)
t) FDOT Utility Accommodation Manual (1999)
g) A policy on Geometric Design of Highways and Streets, 1994 (AASHTO)
h) Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets
and Highways, State of Florida, 2000 Edition, "Green Book"
~
I
I
AMENDMENT
CITY OF CLEARWATER
FPN: 257093 1
FORMER WPI: 7117181
I) Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility
Operations for Streets and Highways on State Maintained Systems, January 2000
j) Florida Department of Transportation Roadway Plans Preparation Manual (2 Volumes), 2000
h) Manual on Uniform Traffic Control Devices, 1988 Edition
I) Florida Department of Transportation Standard Specifications for Road and Bridge
Construction 2000
m) Florida's Design Standards for Resurfacing, Restoration, and Rehabilitation (R-R-R) of Streets
and Highways, 1988
n) Structures Standard Drawings, FDOT, 2000 Edition
0) Florida Department of Transportation Structures Design Guidelines, 2000/
p) Rule Chapter 14-96, Florida Administrative Code (F AC), State Highway System Connection
Permits, Administrative process and rules of the Department of Transportation Rule Chapter 14-
97 F AC, State Highway System Access Management Classification System and Standards
q) Rule Chapter 14-86 F AC, Drainage Connections to State Highways
r) State of Florida Department of Transportation Drainage Manual, 1998
s) Florida Department of Transportation Minimum Specifications for Traffic Control Devices,
1998
t) Florida Statutes regulating acquisition of right-of-way for transportation facilities, including,
but not limited to Chapters 73, 74,287, 334, 336, 337, 339 F.S. and F.A.C.. Rule 14-66
u) Title 23, Code of Federal Regulations, Chapter I, Subchapter A, Part 1, Section 1.23 and
Subchapter H, Part 710, Subpart B, C, & D
v) The FHW A approved EA/FONZI dated 2/1/99.
Special Considerations of the Department:
Quarterly reports of interest earned for the project may be provided upon request. The reports,
once requested, may be received no earlier than six weeks after the end of each quarter. All
records are available for audit upon request.
tv
I
I
AMENDMENT
CITY OF CLEARWATER
FPN: 257093 1
FORMER WPI: 7117181
AMENDED
EXHmIT C
MEMORANDUM OF AGREEMENT
TillS AMENDED AGREEMENT, made and entered into this , day of ,
20~ by and between the State of Florida, Department of Transportation, hereinafter referred to
as "DOT" and the State of Florida, Department ofInsurance, Division of Treasury, hereinafter
referred to as "Treasury" and the City of Clearwater, hereinafter referred to as the "Participant"
replaces the original Memorandum of Agreement dated June 27, 1997.
WITNESSETH
WHEREAS, "DOT" is currently constructing the following project:
Financial Project No.: 257093 1 (Formerly, WPI: 7117181, SPN: 15220-3599)
F.A.P. No. n/a
County : Pinellas
hereinafter referred to as the "Project".
WHEREAS, DOT and the participant entered into a Joint Participation Agreement
dated June 27. 1997, wherein DOT agreed to perform certain work on behalf of the Participant in
conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the
best interest of the DOT and the Participant to establish an interest bearing escrow account to
provide funds for the work performed on the Project on behalf of the Participant by the DOT.
NOW THEREFORE, in consideration ofthe premises and the covenants contained herein,
the parties agree to the following:
1. An initial deposit in the amount of $38.065.077 (Thirty eight million, sixty jive thousand,
seventy seven dollars) will be made by the Participant into an interest bearing escrow account
established by the Department for the purposes of the project. Said escrow account will be
opened with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities
on behalf of the DOT upon receipt of this Memorandum of Agreement. Such account will be an
asset of DOT.
2. Other deposits will be made only by the Participant as necessary to cover the cost of additional
work prior to the execution of any Supplemental Agreements or Amendments.
tv
I
I
AMENDl\1ENT
CITY OF CLEARWATER
FPN: 257093 1
FORMER WPI: 7117181
3. All deposits shall be made payable to the Department of Insurance. Revenue Processing and
mailed to the DOT Office of Comptroller for appropriate processing at the following address:
Florida Department of Transportation
Office of Comptroller
3717 Apalachee Parkway, Suite E
Mail Station 24
Tallahassee, Florida 32311
ATTN: JP A Coordinator
4. The DOT's Comptroller and/or his/her designees shall be the sole signatories on the escrow
account with the Department of Insurance and shall have sole authority to authorize withdrawals
from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow
account shall remain in the account for the purposes of the project as defined in the JP A. Upon
request and after final completion of the project, remaining funds and interest will be refunded to
the City.
6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT.
7. The Treasurer's Office further agrees to provide periodic reports to the DOT.
(See Signature Page Attached)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FLORIDA 34618-4748
STATE OF FLORIDA
DEP ARTl\1ENT OF INSURANCE
DIVISION OF TREASURY
5960000289
CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FLORIDA 34618-4748
FEDERAL EMPLOYER LD. NUMBER
CITY ATTORNEY
t
I
I
Countersigned:
CITY OF CLEARWATER, FLORIDA
BrjL~.J;1IEJ
Mayor-Commissioner
By:
~u..JJ~~
William B. Horne, II
Interim City Manager
Approved as to form:
Attest:
~~c~
ne C. Haym'an .
;A.ssistant City Attorney
. ~.
Cy t ia E. Goudeau
City lerk
tv
I
I
AMENDMENT
CITY OF CLEARWATER
FPN: 257093 1
FORMER WPI: 7117181
AMENDED
EXHIBIT D
PROJECT SCHEDULE
Exhibit forms an integral part of that certain Amended Joint Participation Agreement between the State of
Florida, Department of Transportation (Department) and the City of Clearwater (City) executed on June 27.
1997 and amended on
AMENDED PROJECT SCHEDULE
PHASE & AGENCY BEGIN DOCUMENTS TO FDOT
FOR MAILING
NO LATER THAN
DESIGN FEBRUARY 1999 APRIL 2001
CITY OF CLEARWATER
RIGHT OF WAY MAY 2000 APRIL 2001
CITY OF CLEARWATER
(pROJECT LETTING) ,
CONSTRUCTION
FDOT SEPTEMBER 2001 >
UTILITIES APRIL 2001
CITY OF CLEARWATER
Special Considerations:
The City and the Department agree that any changes in the schedule for the Project will be mutual and
provided in writing.
tv
I
I
AMENDMENT
CITY OF CLEARWATER
FPN: 257093 1
FORMER WPI: 7117181
EXHIBIT F
CITY OF CLEARWATER MEMORIAL CAUSEWAY EAST BRIDGE
FINANCIAL PLAN
Exhibit forms an integral part of that certain Amended Joint Participation Agreement between the
State of Florida, Department of Transportation (Department) and the City of Clearwater (City)
executed on June 27. 1997 and amended on
Financing Plan for Memorial Causeway Bridge
Fundios!
Funding for the Memorial Causeway Bridge is expected from several Sources. The project will
be financed with Infrastructure Sales Tax Bonds (see attached Ordinance 6352-99 (adopted May
6, 1999) which authorizes the bonds and Resolution 00-19 (anticipated to be adopted June 2000)
which authorizes validation of the bonds (see attached Resolution 00-19).
Annual debt payments on these bonds will come from several sources:
City of Clearwater - Penny for Pinellas Infrastructure Tax
Pinellas County - 10 million:
$ 5 million 6/30/01
$ 5 million 6/30/02
State of Florida - $13 million
$ 3 million FY 02/03
$10 million FY 04/05
Federal Government - Amount and Timing - TBD (estimated at $12 million to be
received in 2001)
Timin!!
Validation of these bonds through the courts will proceed upon the adoption of Resolution 00-19.
Once validated by the courts, these bonds will be issued to meet the required deposit of funds
with the State.
tiJ
~
I
I
AMENDMENT
CITY OF CLEARWATER
FPN: 257093 1
FORMER WPI: 7117181
The estimated timing is as follows:
June 2000
Jul 31,2000
March 2001
A ril2001
May 2~0 I
Ma 2001
June 2001
Validation
Additional Information
T.he following information will be available in final version in April 2001 upon the approval by the
City Commission of the Award Resolution, which will include the Preliminary Official Statement
of the bond issue (which is the official document that contains much ofthis information. The
information in this document is anticipated to read as follows:
Purpose of Bond Sale
The Infrastructure Sales Tax Bonds will be issued by the City of Clearwater, Florida to (i)
finance the costs of acquiring and constructing the Memorial Causeway Bridge, (ii)
purchase a debt service reserve surety policy or fund a debt service reserve; and (iii) pay
the costs of issuance of the bonds.
City's Bond Ratin2 and Current Bondin2 Capacity
The City of Clearwater currently has no General Obligation Bonds outstanding, however,
Moody's Investor Service has recently assigned an indicator rating of A-I.to the City. All
other debt outstanding by the City has been assigned AAA (by Standard and Poor's
Corporation), Aaa (by Moody's Investor Service), and/or AAA (by Fitch IBCA) based
upon insurance on the bonds by either MBIA or AMBAC. The City intends on
purchasing insurance on the Infrastructure Sales Tax Bonds to insure the highest rating.
The City's Debt is limited to 20% of the assessed valuation of non-exempt real estate per
the City's Charter. At 9/30/99, the non-exempt real estate was assessed at
$4,153,719,690. The 20% limitation on debt would be $830 million. The City's Debt at
9/30/99 was $116 million, leaving a legal debt margin of$714 million. The City currently
has no debt outstanding which pledges the Infrastructure Sales Tax as the repayment
source. Annual proceeds from the Infrastructure Sales Tax are project to range from $8.2
million in FY01 to $12.2 million in FY09.
t.-