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SUPPLEMENT #2 TO LOCAL AGENCY PROGRAM AGREEMENT (LAP) Clearwater Beach West Bridge/Spur Connector 406539 1 LAP Amendment #2 City of Clearwater SUPPLEMENT NUMBER TWO (2) TO LOCAL AGENCY PROGRAM (LAP) AGREEMENT THIS AMENDMENT TO THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT, made by and entered into at Tampa, Florida, this 8711 day of H/J f , 2003, by and between the STATr; OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose address for purposes of this agreement is 11201 North McKinley Drive, Tampa, Florida, 33612-6403, (hereinafter called the "Department"), and the CITY OF CLEAR WATER, a municipal corporation of the state of Florida whose address for purposes of this agreement is P. O. Box 4748, Clearwater, Florida, 33758 (hereinafter called the "CITY"); WITNESSETH: WHEREAS, the CITY and the DEPARTMENT entered into an Agreement dated November 13,2000, hereinafter referred to as the ORIGINAL AGREEMENT and subsequently amended on July 22, 2002 to provide for DEP AR TMENT reimbursement to the CITY for design and construction of a pedestrian bridge parallel to the existing roadway bridge (#43) over Mandalay Channel; and WHEREAS, an Amendment to the ORIGINAL AGREEMENT is necessary to shift over-estimated Construction Engineering Inspection (CEI) funds to cover additional design costs associated with the selected cable-stayed bridge alternative; and WHEREAS, the DEPARTMENT and the CITY agree that the project construction phase shall be delayed until fiscal year 2004 because of the need for that additional project design; and WHEREAS, the DEPARTMENT and the CITY shall act in accordance with the ORIGINAL AGREEMENT and AMENDMENT upon execution of this amendment; NOW, THEREFORE, in consideration of the premises and the mutual benefits that will accrue to the parties in carrying out the terms of this Agreement, the parties hereto agree as follows: 2.01 General Requirements: The CITY shall commence and complete the project as described in the revised Supplement Number Two (2), attached hereto and by this reference made a part hereof with all practical dispatch, in a sound, economical and efficient manner, and in accordance with the provisions herein and all applicable laws. The project will be performed in accordance with all applicable DEPARTMENT procedures, guidelines, manuals, standards and directives as described in the Department's Local Agency Program Manual. 2.02 Expiration of Agreement: The expiration date of this agreement is hereby extended to December 31, 2005. 3.01 Total Cost: The total estimated cost is $3,485,562. The CITY agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. SPECIAL CONSIDERATION BY AGENCY AND DEPARTMENT: The DEPARTMENT will issue a written Notice to Proceed to the CITY once the project design phase is complete. Construction related activities conducted prior to Notice to Proceed will not be reimbursed. Clearwater Beach West Bridge/Spur Connector 406539 1 LAP Amendment #2 City of Clearwater SUPPLEMENT NO.2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FIN NO. 406539 1 58 01 LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT CONTRACT NO. AI 915 PROJECT DESCRIPTION The CITY OF CLEARWATER and the FLORIDA DEPARTMENT OF TRANSPORTATION desires to supplement the Agreement entered into and executed on NOVEMBER 13, 2000, as identified above and first supplemented on July 22, 2002. All provisions in the basic Agreement remain in effect except as expressly modified by this Supplement. The changes to the Agreement are described as follows: Name: CLEARWATER BEACH WEST BRIDGE SPUR CONNECTOR Length: APPROXIMATELY 320 FEET Termini: MAINLAND CLEARWATER ACROSS MANDALAY CHANNEL TO CLEARWATER BEACHSIDE Description of Work: CONSTRUCT PEDESTRIAN BRIDGE PARALLEL TO EXISTING ROADWAY BRIDGE (#43) OVER THE MANDALAY CHANNEL Reason for Supplement: THIS SUPPLEMENT REMOVES FUNDS IN THE AMOUNT OF $210,775 FROM THE CONSTRUCTION ENGINEERING PHASE AND ADDS TO THE DESIGN PHASE FOR ADDITIONAL DESIGN COSTS ASSOCIATED WITH THE SELECTED CABLE-STAYED BRIDGE ALTERNATIVE. THE CITY WILL PROVIDE LOCAL FUNDS IF CONSTRUCTION ENGINEERING COSTS EXCEED THE REMAINING BALANCE OF $390,537. TYPE OF WORK FUNDING (1) (2) (3) (4) (5) PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL PROJECT FUNDS PROJECT TOTAL PROJECT AGENCY FUNDS FEDERAL FUNDS FliNn!': FliNn!': P.E. a. Agency Work $ 47!=! 000 $ ?10 775 $ fiR!=! 775 $ 0 $ fiR!=! 775 b. Other c. State Services d. Total PE Cost (a+b+c) Right-ot-Way e. Agency Work f. Other g. State Services h. Total RIW Cost (e+f+g) Construction i. Contract $ ? 405 ?50 $ 0 $ ? 405 ?50 $ 0 $ ? 405 ?50 j. Other k. Other I. Other m. Total Contract Costs (i+j+k+l) Construction Engineering n. Agency $ fi01 :\1? $ (?10 775) $ :\!=!O 5:\7 $ 0 $ :\!=!O 5:\7 o. Other p. State Forces q. Total Construction Engineering (n+o+p) r. Total Construction Cost $ 2,795,787 (m+q) s. TOTAL COST OF $ 3,485,562 $ 0 $ 3,485,562- $ 0 $ 3,485,562 PROJECT (d+h+r) . Clearwater Beach West Bridge/Spur Connector 406539 1 LAP Amendment #2 City of Clearwater 711 IN WITNESS WHEREOF, the parties have caused these presents to be executed this L day of 1,,//9 'I ,2003. CITY OF CLEARWATER STATE OF FLORIDA FLORIDA DEPARTMENT OF TRANSPORTATION ~L~P~ DIRECTOR OF PLANNING/PRODUCTION ~.~-: WILLIAM B. HORNE, II CITY MANAGER COUNTER-SIGNED BRIANJAUN~ MAYOR-COMMISSIONER _--ATTES-T--'C~:' _ ~,' . ".~~YNrHIA E.GOtlQE~l:i-. . , -~~~TY CLEF\!< .,...-~" ~". , - , ~," " - .". - . -- APPROVED AS TO FORM: APPROVED AS TO FORM, LEGALITY ATTORNEY DEPARTMENT OF TRANSPORTATI attached Encumbrance Form for date of funding approval by Comptroller.