FIRST AMENDMENT FOR THE JOINT PROJECT AGREEMENT- SOUTH MYRTLE AVENUE DRAINAGE IMPROVEMENTS FROM CLEARWATER LARGO ROAD TO BELLEAIR ROAD Chase, Susan
From: Benwell, James
Sent: Wednesday, September 1, 2021 9:32 AM
To: Chase, Susan
Subject: Re: Unsigned Document - 1st Amendment for thejoint project agmt - S Myrtle Ave
Drainage Improvements from Clw Largo Road to Belleair Rd
Good Morning Susan,
I went through all of Rob's folders for hard copies and electronic copies and did not come across this.
Jim Benwell
Engineering Department
City of Clearwater
(727)562-4765 (direct)
(727)562-4755 (fax)
From: Chase, Susan <Susan.Chase@myClearwater.com>
Sent:Tuesday,August 31, 202110:40 AM
To: Benwell,James<James.Benwell @MyClearwater.com>
Subject: Unsigned Document- 1st Amendment for the joint project agmt-S Myrtle Ave Drainage Improvements from
Clw Largo Road to Belleair Rd
Jim,
The attached agreement was sent to Rob Brzak to get the other parties signature. Do you
have a fully signed copy of this agreement? Let me know. Thanks
Susan Chase, FCRM
Documents &, Records Specialist
(727) 562-4033
Pl,<
1
FIRST AMENDMENT
BETWEEN THE CITY OF CLEARWATER
AND PINELLAS COUNTY FOR
THE JOINT PROJECT AGREEMENT: SOUTH MYRTLE AVENUE DRAINAGE
IMPROVEMENTS FROM CLEARWATER LARGO ROAD TO BELLEAIR ROAD
THIS FIRST AMENDMENT is made and entered into on this day of
, 2019, 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 South Myrtle Avenue Drainage Improvements, from Clearwater Largo Road to
Belleair Road "Project"; and
WHEREAS, the COUNTY and the CITY previously entered into an agreement on April
30, 2018, 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.
WHEREAS, the CITY has revised and increased the engineering estimate of preliminary
Utility Work cost.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties agree as follows:
1. Section 2 Funding Paragraph 2.2 is hereby amended as follows:
The City hereby certifies that funding for the preliminary estimated Utility Work cost
(Exhibit A — First Amendment) of One Hundred Sixty Two Thousand Four Hundred Seventy
Dollars ($162,470.00), plus 5% for County construction/contract administration/compaction and
backfill testing costs of Eight Thousand One Hundred Twenty Three and 50/100 Dollars
($8,123.50), for a total cost of One Hundred Seventy Thousand Five Hundred Ninety Three and
50/100 Dollars ($170,593.50).
1
2. Section 3 Joint Project Activities Paragraph 3.1 and Paragraph 3.3 due date is revised to
June 1, 2019.
3. Section 17. 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 730
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.
4. Except as changed or modified by this FIRST AMENDMENT, all provisions and
conditions of the Agreement shall remain in full force and effect.
2
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:
Barry A. Burton
County Administrator
CITY OF CLEARWATER, FLORIDA
Countersigned:
C,eOf to ri,\4s
George N. Cretekos
Mayor
Assistant City Attorney
By:
Attest:
B
William B. Horne II
City Manager
61-031 'tic.'
ic.. GC'
Rosemarie Call
City Clerk