FIRST AMENDMENT FOR THE JOINT PROJECT AGREEMENT - SUNSET POINT ROAD AT BETTY LANE INTERSECTION IMPROVEMENTSFIRST AMENDMENT
BETWEEN THE CITY OF CLEARWATER
AND PINELLAS COUNTY FOR
THE JOINT PROJECT AGREEMENT: SUNSET POINT ROAD AT BETTY LANE
INTERSECTION IMPROVEMENTS
THIS FIRST AMENDMENT is made and entered into on this day of
2020, 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 Sunset Point Road at Betty Lane Intersection Improvements "Project"; and
WHEREAS, the COUNTY and the CITY previously entered into an agreement on
December 12, 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 C1TY desire to amend the Agreement.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the Parties agree as follows:
1. Section 1. Utility Work is hereby amended in its entirety as follows:
The City's Utility Work within the limits of the Project is more specifically described as
the replacement, relocation or adjustment of approximately 1034 SOO linear feet of sixteen inch
(16") water main, fox mately 377 500 linear feet of eight inch (8") water main, and 22
linear feet of six inch (6") water main that are in conflict with the proposed intersection
construction improvements as part of County PID No. 001018A, located on Sunset Point Road at
Betty Lane.
Additional Utility Work within the limits of the Project is more specifically described as
the replacement, relocation or adjustment of approximately 64 linear feet of sixteen inch (16")
water main that is in conflict with the proposed stormwater box culvert in Spring Branch Creek
as part of County PID No. 001018A, located on Sunset Point Road at Betty Lane.
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2. Section 2.2. Funding is hereby amended in its entirety as follows:
The City hereby certifies that funding for the preliminary estimated Utility Work cost
(Exhibit A) of Three Hundred Eighty -Three Thousand Seven Hundred Sixty and 00/100 Dollars
($383,760.00), plus 5% for County construction/contract administration/compaction and backfill
testing costs of Nineteen Thousand One Hundred Eighty -Eight and 00/100 Dollars ($19,188.00),
for a total cost of Four Hundred Two Thousand Nine Hundred Forty -Eight and 00/100 Dollars
($402,948.00), 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 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.
The City hereby certifies that additional funding for plan revisions and construction cost
overruns of Three Hundred Seventeen Thousand Two Hundred Forty -Five and 88/100 Dollars
($317,245.88), plus 5% for County construction/contract administration/compaction and backfill
testing costs of Fifteen Thousand Eight Hundred Sixty Two and 29/100 Dollars ($15,862.29), for
a total cost of Three Hundred Thirty Three Thousand One Hundred Eight and 17/100 Dollars
($333,108.17), 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 this fully
executed First Amendment.
All deposits due to the County referenced in Section 2.2 above shall be mailed to:
Finance Division Accounts Receivable
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Pinellas County Board of County Commissioners
P. O. Box 2438
Clearwater, FL 33757
3. Except as changed or modified by this FIRST AMENDMENT, all provisions and
conditions of the Agreement shall remain in full force and effect.
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
APPROVED AS TO FORM:
BY:
Assistant County Attorney
CITY OF CLEARWATER
Mayor
Approved as to form:
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Owen Kohler
Assistant City Attorney
William B. Horne II
City Manager
Attest:
Rosemarie Call
City Clerk
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Pinellas County Board of County Commissioners
P. O. Box 2438
Clearwater,FL 33757
3. Except as changed or modified by this FIRST AMENDMENT, all provisions and
conditions of the Agreement shall remain in full force and effect.
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
APPROVED AS TO FORM:
BY: I
Assistant County Attorney
CITY OF CLEARWATER
ank Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest: - ,
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Owen Kohler Rosemarie Call "
Assistant City Attorney City Clerk ,
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