FIRST AMENDMENT TO THE JOINT PROJECT AGREEMENT - LAKE AVENUE CULVERT ROADWAY AND/OR DRAINAGE IMPROVEMENTS FROM BARRY AVENUE TO JEFFORDS STREET i
FIRST AMENDMENT
BETWEEN THE CITY OF CLEARWATER
AND PINELLAS COUNTY FOR
THE JOINT PROJECT AGREEMENT: LAKE AVENUE CULVERT ROADWAY AND/OR
DRAINAGE IMPROVEMENTS FROM BARRY AVENUE TO JEFFORDS STREET
8 June
THIS FIRST AMENDMENT is made and entered into on this day o LJQ
2018, by and between PINELLAS COUNTY, a public corporation of the State of Florida whose
address is 315 Court Street,Clearwater,FL 33756,hereinafter referred to as the "COUNTY," and
the City of Clearwater,a municipal corporation of the State of Florida,whose address is 100 South
Myrtle Avenue, Clearwater, Florida, 33756, hereinafter referred to as the "CITY", collectively
Parties.
i
WITNESSETH:
WHEREAS, the COUNTY will be constructing a capital improvement program plan
referred to as Lake Avenue Culvert Roadway and/or Drainage Improvements from Barry Avenue
to Jeffords Street"Project'; and
WHEREAS,the COUNTY and the CITY previously entered into an agreement on July 18,
2017,hereinafter referred to as the Agreement,to provide funding for the CITY's Utility Work to
be completed by the COUNTY's contractor as part of construction of the Project; and
WHEREAS, Section I I of the Agreement provides that the Agreement may be amended
where agreed to in writing by the Parties; and
WHEREAS, both the COUNTY and the CITY desire to extend the Agreement duration.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein,the parties agree as follows:
1. Section 18.Agreement Term is hereby amended in its entirety as follows:
If the County fails to issue a Notice to Proceed to a contractor for the Project within 365
days from the date of full execution of this FIRST AMENDMENT by the Parties,the Agreement
shall be deemed terminated and any payments made by the CITY to the COUNTY shall be
refunded in full by the COUNTY within 30 days.
2. Except as changed or modified by this FIRST AMENDMENT, all provisions and
conditions of the Agreement shall remain in full force and effect.
1 I
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, as
of the day and year first above•-mentioned.
PINELLAS COUNTY,FLORIDA
APPROVED AS TO FORM
f
BY: By:
Mark S. Woodard, County Administrator Office of the County Attorney
CITY OF CLEARWATER
BY: WA-44c't
rJ.
William B. Horne Ir
City Manager
ATTEST:
Tbf • Rosemarie Call
City Clerk
�Ir
Countersigned: Approved as to form:
Cte V rket [co) i
George N. Cretekos Owen Kohler
Mayor Assistant City Attorney
2
I
I.
I
FIRST AMENDMENT
BETWEEN THE CITY OF CLEARWATER
AND PINELLAS COUNTY FOR
THE JOINT PROJECT AGREEMENT: LAKE AVENUE CULVERT ROADWAY AND/OR
DRAINAGE IMPROVEMENTS FROM BARRY AVENUE TO JEFFORDS STREET
THIS FIRST AMENDMENT is made and entered into on this day of I ,
2018, by and between PINELLAS COUNTY, a public corporation of the State of Florida whose
address is 315 Court Street, Clearwater, FL 33756, hereinafter referred to as the "COUNTY," and
the City of Clearwater, a municipal corporation of the State of Florida, whose address is 100 South
Myrtle Avenue, Clearwater, Florida, 33756, hereinafter referred to as the "CITY", collectively
Parties.
WITNESSETH:
WHEREAS, the COUNTY will be constructing a capital improvement program plan
referred to as Lake Avenue Culvert Roadway and/or Drainage Improvements from Barry Avenue
to Jeffords Street "Project"; and
WHEREAS, the COUNTY and the CITY previously entered into an agreement on July 18,
2017, hereinafter referred to as the Agreement, to provide funding for the CITY's Utility Work to
be completed by the COUNTY' s contractor as part of construction of the Project; and
WHEREAS, Section 11 of the Agreement provides that the Agreement may be amended
where agreed to in writing by the Parties; and
WHEREAS, both the COUNTY and the CITY desire to extend the Agreement duration.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties agree as follows:
1. Section 18. Agreement Term is hereby amended in its entirety as follows:
If the County fails to issue a Notice to Proceed to a contractor for the Project within 365
days from the date of full execution of this FIRST AMENDMENT by the Parties, the Agreement
shall be deemed terminated and any payments made by the CITY to the COUNTY shall be
refunded in full by the COUNTY within 30 days.
2. Except as changed or modified by this FIRST AMENDMENT, all provisions and
conditions of the Agreement shall remain in full force and effect.
1
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, as
of the day and year first above-mentioned.
PINELLAS COUNTY, FLORIDA
BY:
Mark S. Woodard, County Administrator
CITY OF CLEARWATER
By: 1,01.Qtaiwt g.
William B. Horne II
City Manager
ATTEST:
f1 Rosemarie Call
City Clerk
Countersigned:
eorWc C<< \1j43j
George N. Cretekos
Mayor
2
Approved as to form:
70P-4,/
Owen Kohler
Assistant City Attorney
JOINT PROJECT AGREEMENT
FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
PROJECT NAME: Lake Avenue Culvert — Project limits are from Barry Avenue to Jeffords
Street along Lake Avenue
PROJECT LIMITS: FROM: Barry Avenue
TO: Jeffords Street along Lake Avenue
PROJECT NO.: 002125A
u'S _/6THIS JOIN J' • EC REEMENT (Agreement) made and entered into on the
day of,jJDkg , 2 I ', by and between Pinellas County, a political subdivision of
the State of Florida, hereinafter called the "County", and the City of Clearwater, Florida, a
municipal corporation of the State of Florida, hereinafter called the "City" (collectively, Parties).
WITNESSETH, That:
WHEREAS, the County intends to construct roadway and/or drainage improvements to
the Lake Avenue Culvert — Project limits are from Barry Avenue to Jeffords Street along Lake
Avenue (County Project No. 002125A or Project), which will call for the adjustment, relocation
and/or installation of the City's utility facilities along, over and/or under the Project (Utility
Work); and
WHEREAS, the County's plans for the Project have been reviewed by the City and the
City has had the opportunity for input into said plans; and
WHEREAS, the County and the City have determined that it would be to the best interest
of the general public and to the economic advantage of both Parties to enter into this Joint
Project Agreement for the Utility Work to be accomplished by the County's contractor as part of
the construction of the Project; and
WHEREAS, the City has expressed its desire to assume all reasonable and necessary
costs to be incurred for this Utility Work, and has requested to County to include in said Project
certain plans and specifications to meet the City's needs.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) each to the other
in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the
mutual covenants hereinafter contained, it is agreed by the Parties as follows:
Page 1 of 9
1. Utility Work
The City's utility work within the limits of the Project is more specifically described as the
replacement, relocation, or adjustment of a six inch (6") water main, eight DIP gravity sewer and
sixteen inch casing, as well as the installation of a sanitary sewer bypass that are in conflict with
the replacement of existing cross drains as part of County PID No. 002125A, located on Lake
Avenue, from Barry Avenue to Jeffords Street.
2. Funding
2.1 The County will be responsible for the bidding and award of the construction
contract for the Project and will include the Utility Work as a separate option item in its bidding
document. After the County receives, opens, and evaluates the bids, the County will notify the
City, in writing, of the County's intent to award the contract. This notification will include the
amount for the Utility Work option. The City will have fifteen (15) days from receipt of the
County's notification to request, in writing, that the County delete this option, and to notify the
County of the City's intent to perform the Utility Work with the City's own forces or its own
contractor. In order not to delay the construction of the Project, the City must show that it is
ready and able to perform all Utility Work prior to requesting that the County delete the Utility
Work option from the contract award. The City does not have the right to delay or affect, in any
way, the award of the contract. In the event the City, in performing the Utility Work causes a
compensable delay to the County's construction of this Joint Project, the City will pay all claims
and costs incurred due to its delay.
2.2 The City hereby certifies that funding for the preliminary estimated Utility Work
cost (Exhibit A) of two hundred and sixty thousand two -hundred and sixty dollars ($260,260.00),
plus 5% for County construction/contract administration/compaction and backfill testing costs of
thirteen thousand and thirteen dollars ($13,013.00) for a total of two hundred and seventy-three
thousand two hundred and seventy three dollars ($273,273.00), has been appropriated and is
available for deposit into an interest bearing escrow account for the purpose of payments by the
County to the contractor on the City's behalf. The deposit will be due to the County no later than
thirty (30) days from the date of notification of the County's intent to award the construction
contract. If the option item of the contractor's bid selected by the County for performance of the
Utility Work exceeds the amount of the preliminary estimated Utility Work, then subject to and in
accordance with the limitations and conditions established by Subparagraph 2.1 hereof regarding
the City's option to remove the Utility Work, the City will deposit an amount with the County
which equals the total option item plus 5% of that amount for County construction/contract
administration/compaction and backfill testing. Interest will accrue on the deposit balance and be
used toward the cost of the Utility Work. In the event the final, actual cost of the Utility Work is
less than the amount the City deposited, including all interest earned, but excluding the 5% for
County construction/contract administration/compaction and backfill testing of the actual
construction costs, the County will reimburse the City any excess escrow account funds. Should
contract modifications occur that increase the cost of the Utility Work, or the estimated quantities
of items provided by the City in Exhibit A are exceeded, the City will be notified by the County
accordingly. The City will pay the County within thirty (30) calendar days of notification by the
Page 2 of 9
County to ensure that cash on deposit with the County is sufficient to fully fund the cost of the
Utility Work. The County shall notify the City as soon as it becomes apparent the actual costs will
overrun the award amount, and the City shall pay for the cost overruns (plus 5% administrative
fee) within thirty (30) calendar days of notification by the County. However, failure of the County
to so notify the City shall not relieve the City from its obligation to pay for the full cost of the
Utility Work.
All deposits due to the County referenced in Section 2.2 above shall be mailed to:
Finance Division Accounts Receivable
Pinellas County Board of County Commissioners
P. 0. Box 2438
Clearwater, FL 33757
2.3 The County will require the successful contractor to comply with the following
conditions. The City shall be responsible for the costs attributed to said compliance with these
conditions as part of the Utility Work:
(A) Indemnify, hold harmless, pay on behalf of and defend the County and
its agents and employees and the City and its agents and employees from and against all claims,
damages, losses and expenses, including, but not limited to, attorney's fees, arising out of or
resulting from the performance of the Project or the Utility Work;
(B) Provide a dual obligee bond in the full amount of the Project, naming
the City and the County as obligees; and
(C) Provide insurance coverage per the requirements in the insurance section
of the invitation to bid as well as in the executed contract with successful contractor. The
County and the City will be named as additional insured entities and certificate holders in both
the invitation to bid and the executed contract.
3. Joint Project Activities
3.1 The City will prepare, at its expense, the design of plans and specifications for all
the City's necessary Utility Work and reimbursable Utility Work described above and will
furnish to the County no later than April 28, 2017, complete and reproducible plans on standard
size sheets (11" x 17" and 24" x 36"), together with a complete set of specifications covering all
construction requirements for the Utility Work. These plans and specifications will be complete
in every detail and will include a "Summary of Quantities" sheet and/or "Bill of Materials"
identifying the items of work, with a final estimate of cost (Engineer's Estimate), required to
accomplish the Utility Work said estimate to be satisfactory to the County. The plans and
specifications will be signed and sealed by a Registered Professional Engineer in the State of
Florida.
Page 3 of 9
3.2 The City will coordinate the development of the Utility Work plans with the
County's plans for the Project. The County, upon request by the City, will furnish all available
roadway information required by the City for the coordination and development of the Utility
Work plans, and the County will cooperate with the City to this end.
3.3 The City will obtain all necessary Florida Department of Transportation or other
jurisdiction permits required for construction of the Utility Work. A copy of all permits required
for said Utility Work will be provided to the County no later than May 31, 2017.
3.4 The County will issue a "Right -of -Way Utilization Permit" upon execution of the
Agreement by both Parties. This permit will not be subject to any required fees.
3.5 All surveys for construction of the Utility Work will be furnished by the
successful contractor.
3.6 The coordination of the City's Utility Work with that of the roadway contractor
and other utilities and/or their contractors will be the responsibility of the County. The City will
cooperate fully and immediately to resolve any delays in the construction of the project occurring
as the result of the City's Utility Work.
3.7 All of the Utility Work done pursuant to this Agreement shall be done in
substantial accordance with the plans and specifications of the City, which plans, and
specifications are, by reference hereto, made a part hereof. All information required for field
changes, change orders or supplemental agreements pertaining to the City's Utility Work will be
promptly furnished to the County.
3.8 During construction of the City's Utility Work, the City will provide the
necessary construction and engineering inspection for the City's Utility Work to determine if the
Utility Work is in substantial compliance with the plans and specifications, and provide all
required testing associated with the City's Utility Work, excluding backfill and compaction
testing in accordance with Pinellas County Minimum Testing Frequency Requirements, and
provide results to the County for same. The contractor shall contact the City's Engineering
Inspection Division at 727-562-4608 within 24 hours prior to commencement of any City Utility
Work to schedule the appropriate inspection and pressure testing. The City's inspector will
immediately notify the County inspector of any objections to the Utility Work.
3.9 The City will participate in the design, utility coordination, pre -construction and
other meetings as necessary for Project coordination.
3.10 All adjustment, relocations, repairs, maintenance, and incidental work
("Incidentals") required to be performed to the City's existing utilities for the Joint Project, not
included in the Utility Work, will be the sole responsibility of the City. All such work is to be
Page 4 of 9
coordinated with the construction of this Joint Project and in a manner that will not cause delay
to the County's Project contractor.
3.11 The City's comments and suggestions are invited and will be considered by the
County; however, all services and work under the construction contract will be performed to the
satisfaction of the County's Director of Public Works, who will decide all questions, difficulties
and disputes of whatever nature which may arise under or by reason of such contract for Utility
Work, the prosecution and fulfillment of the services thereunder, and the character, quality,
amount and value thereof; and who's decision upon all claims, questions and disputes thereunder
are final and conclusive upon the Parties hereto.
3.12 Upon completion of the entire Project, which will be determined jointly by the
County and the City, the City will own, control, maintain and be responsible for all City utility
facilities in accordance with the terms of the Right -of -Way Utilization Permit. The City will
maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed
utilities facilities.
3.13 The County will forward any accounting records, if requested, to the following
City representative:
Robert S. Fahey
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33756
3.14 Upon final payment to the contractor, the County intends to have its final and
complete accounting of all costs incurred in connection with the work performed hereunder
within three hundred sixty (360) days. All project costs records and accounts shall be subject to
audit by a representative of the Company for a period of three (3) years after final close out of
the Project.
3.15 Upon completion of the entire Project, the Contractor will supply "as built"
("Record") standard size sheet (11" x 17" or 24" x 36") Utility Work plans to the County, who in
turn will within one hundred eighty (180) days, furnish the City with one (1) set.
3.16 Upon completion of the entire Project, the County will insure that any warranty,
including materials, equipment, workmanship and closeout documents, by the contractor
constructing and/or installing facilities related to the Utility Work in accordance with this
Agreement, is assigned to the City.
Page 5 of 9
4. Project Managers
The primary contact for each of the Parties is:
4.1 The Project Manager for City of Clearwater shall be Robert S. Fahey or their
designee ("City's Project Manager"), whose telephone number is 727.562.4591 and whose post
office address is 100 S. Myrtle Avenue, Clearwater, FL 33756.
4.2 The Project Manager for Pinellas County shall be John Carpenter or their
designee ("County's Project Manager"), whose telephone number is 727.453.3350 and whose
post office address is 14 S. Fort Harrison Avenue, (6th Floor), Clearwater, FL 33756.
4.3 Each Party may designate a replacement Project Manager by giving notice of such
designation to the other party in accordance with this Agreement.
5. Records, Reports, and Inspection
The County shall maintain financial records, accounting and purchasing information, and books
and records for the Project. These books, records, and information shall comply with general
accounting procedures. All documents related to the Project are public records and shall be
retained and provided as required by law.
6. Compliance with Federal, State, County, and Local Laws
Both Parties shall comply with all federal, state, county, and local laws, regulations, and
ordinances at all times.
7. Responsibilities of the Parties
The County and the City shall be fully responsible for their own acts of negligence and their
respective agents' acts of negligence, when such agents are acting within the scope of their
employment; and shall be liable for any damages resulting from said negligence to the extent
permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by either the County or the City. Nothing herein shall be construed as
consent by the County or City to be sued by third Parties in any matter arising out of this
Agreement.
8. Discrimination
The County and the City shall, during the performance of this Agreement, comply with all
applicable provisions of federal, state and local laws and regulations pertaining to prohibited
discrimination.
Page 6 of 9
9. Assignment
This Agreement may not be assigned.
10. Severability
Should any section or part of any section of this Agreement be rendered void, invalid, or
unenforceable by any court of law, for any reason, such a determination shall not render void,
invalid, or unenforceable any other section or any part of any section of this Agreement.
11. Entire Agreement
This Agreement constitutes the entire agreement between the Parties, and no change will be valid
unless made by supplemental written agreement executed by both Parties.
12. Notification
All notices, requests, demands, or other communications required by law, or this Agreement
shall be in writing and shall be deemed to have been served as of the delivery date appearing
upon the return receipt if sent by certified mail, postage prepaid with return receipt requested, if
hand delivered, or upon the actual date of delivery to the Project Manager, whose address is set
forth in Section 4 above.
13. Waiver
No act of omission or commission of either Party, including without limitation, any failure to
exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification
of the same. Such a waiver, release, or modification is to be effected only through a written
modification to this Agreement.
14. Due Authority
Each Party to this Agreement represents and warrants to the other Party that (i) it is duly
organized, qualified and existing entities under the laws of the State of Florida, and (ii) all
appropriate authority exists so as to duly authorize the persons executing this Agreement to so
execute the same and fully bind the party on whose behalf they are executing.
15. Headings
The paragraph headings are inserted herein for convenience and reference only, and in no way
define, limit, or otherwise describe the scope or intent of any provisions hereof.
Page 7 of 9
16. Approval
This Agreement is subject to approval by the City and the County.
17. Fiscal Funding
The obligations of the Parties are subject to appropriate budgeted funds being available in each
budget year to achieve the purposes of this Agreement. In the event that sufficient budgeted
funds are not available in a subsequent fiscal year, this Agreement shall terminate on the last day
of the fiscal year for which sufficient budgeted funds are available without penalty to either of
the Parties.
18. Term
The term of this Agreement shall commence upon execution of this Agreement by the Parties
and shall terminate after completion and acceptance of the Utility Work and upon final payment
in accordance with the provisions of Paragraph 3.14 of this Agreement. If the County fails to
issue a Notice to Proceed to a contractor for the Project within three hundred sixty-five (365)
days from the date of full execution of this Agreement by the Parties, this Agreement shall be
deemed terminated and any payments made by the City to the County shall be refunded in full by
the County within thirty (30) days.
Page 8 of 9
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their
duly authorized representatives on the day and date first above written.
CITY OF CLEARWATER, FLORIDA PINELLAS COUNTY, FLORIDA by and
By:—s2or,cf\CrC\C..of
Mayor
ATTEST:
By:
fpr : ity Clerk
through its B • . d of Coun Co 'ssioners
C)
ST: Ken Burke,' Cferk .
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Matthew Smith
By:W-Xcetw, l"J,
City Manager
William B. Horne II
Deputy Clerk
APPROVED AS TO FORM:
By: C�
Page 9 of 9
P 1--
Offi the County Attorney
•
Project Description:
Lake Av. Culvert
Pinellas County JPA
2/24/2017
° Clearwater
ITEM NO. ITEM DESCRIPTION
UNIT
QTY
UNIT
COST
TOTAL
COST
Mainteciarce of Traffic
Mobilization
Survey La
Survey As -Built
Line Stop/6"x6" wet tap
2 F&I 6" DI Resilient Seat GV W/Box & Blind Flange
Construct Thrust Co
4 F&I 6" DI WM RJ; Including Poly Wrap, Fittings, & Bends
'5'?- <Demo & Dispose Exist 6" WM
6 F&I Temp. B.O. & Sample Tap Including Appurtenances, Fittings Bends and Removal
7 F&t Temp. az Tap Including Appurtenances, Fittings Bends and Removal.
8 Sanitary Sewer Bypass
Demo and Dispose Sanitary Sewer Pipe
10 F&I 8" Epoxy Lined DIP Gravity Sewer
F-:F&t 16" DIP Casing ludmq Appurtenances, Spacers and End Seals
12 Connect to existing MH
13 Contingency (10%)
14 County Construction/Contract AdmeristrationlCompaction and BacIdiIt Testing (5%
each
each
'LS
LS
each
each
„each
LF
each
each
each
LF
LF
each
<t'
1 5,000.00 5,000.00
2,000.00 s r' ;0.4,000.00
1 3,000.00 1 3,000.00
2 ', 5,00000 , . r'> 0,000.00
2 1,800.00 3,600.00
2 12,00000 ;-; ;, 24,000.00
220 80.00 17,600 00
220 '20.00 . . „4,400.00
1 3,500.00
1 T:1,200.0O
1 125,000.00
280 " , 25.00
280 60.00
2 500.00
3,500.00
1,200.00
125,000.00
1,000.00
16,800.00
,500:00
1,000.00
23,660.00
SUBTOTAL i'%r'.
13,013.00
TOTAL 273,273.00