SECOND AMENDMENT FOR THE JOINT PROJECT AGREEMENT - SOUTH MYRLE AVENE DRAINAGE IMPROVEMENTS FROM CLEARWATER LARGO ROAD TO BELLEAIR ROADSECOND 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 SECOND 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 the "Parties."
WITNESSETH:
WHEREAS, the COUNTY will be constructing a capital improvement project from
Clearwater -Largo Road to Belleair Road, referred to as the South Myrtle Avenue
Drainage Improvements (the "Project");
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;
WHEREAS, Section 11 of the Agreement provides that the Agreement may be
amended where agreed to in writing by the Parties;
WHEREAS, to extend the term of the Agreement, the Parties entered into a first
amendment to the Agreement (the "First Amendment") on April 25, 2019;
WHEREAS, both the COUNTY and the CITY desire to extend the term of the
Agreement again;
WHEREAS, the COUNTY has expanded the Project scope to include
approximately one thousand one hundred forty-five (1,145) feet of road reconstruction
beyond the original proposed intersection improvements;
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 to amend the Agreement as follows:
1. Section 2 Funding Paragraph 2.2 is hereby amended as follows:
2.2 The CITY hereby certifies that funding for the preliminary estimated Utility
Work cost (Exhibit A — Second Amendment) of One Hundred Sixty -Eight Thousand One
Hundred Eighty and 00/100 Dollars ($168,180.00), plus 5% for COUNTY
construction/contract administration/compaction and backfill testing costs of Eight
Thousand Four Hundred Nine and 00/100 Dollars ($8,409.00), with an additional amount
for Unspecified Work of Thirty -Three Thousand Six Hundred Thirty -Six and 00/100 Dollars
($33,636.00), for a total cost of Two Hundred Ten Thousand Two Hundred Twenty -Five
and 00/100 Dollars ($210,225.00), 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 Utility Work option portion 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.
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. O. Box 2438
Clearwater, FL 33757
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2. The due dates in Section 3 Joint Project Activities, Paragraph 3.1 and Paragraph
3.3, as applicable, are extended to January 8, 2021.
3. Section 17. Agreement Term is hereby amended in its entirety as follows:
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 31.14 of this
Agreement. 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 the SECOND AMENDMENT to this
Agreement, 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 SECOND AMENDMENT, all provisions and
conditions of the Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the Parties have caused these presents to be duly
executed, as of the day and year first above-mentioned.
CITY OF CLEARWATER,
a municipal corporation
of the State of Florida
PINELLAS COUNTY, FLORIDA, a
political subdivision of the State of
Florida, by and through its
County Administrator
By: W JX un. By:
William B. Home, II, City Manager Barry A. Burton, County Administrator
Frank Hibbard, Mayor
By.QUk,
Rosemarie Call, City Clerk
REVIEWED AND APPROVED:
APPROVED AS TO FORM:
By:
Owen Kohler, Assistant City Attorney Office of the County Attorney
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SECOND.AMENDMENT
BETWEEN THE CITY OF CLEARWATER
THE JOINT PROJECT AGREEMENT: SOUTH MYRTLE AVENUE DRAINAGE
IMPROVEMENTS FROM CLEARWATER LARGO ROAD TO BELLEAIR ROAD
THIS SECOND AMENDMENT is made and entered into on this 30 , day of,
November .1 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"C ITY",,collectively the"Parties."
WITNESSETH:
WHEREAS; the COUNTY will be constructing a capital improvement project from
Clearwater-Largo Road to Belleair Road, referred to as the South Myrtle Avenue
Drainage Improvements (the "Project");
WHEREAS, the COUNTY and the CITY previously entered into an agreement on
April 3.0, 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;
WHEREAS, Section 11of the Agreement provides that the Agreement may be
amended where agreed to in writing by the Parties,.
WHEREAS, to, extend the term of the Agreement, the Parties entered into a first
amendment to the Agreement (the "First,Amendment") on April 25, 2019;,
WHEREAS, both. the COUNTY and the CITY desire. to extend the term. of the
Agreement again;
WHEREAS, the COUNTY has expanded the Project scope. to include
approximately one thousand one hundred forty-five..(1,145) feet of road reconstruction
.beyond the original,proposed intersection improvements;
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
con.ditions contained.,herein, the Parties agree to amend,the Agreement as follows'.
1. Section 2 Funding Paragraph 2.2 is hereby amended as follows',
2:2 The CITY hereby certifies that funding for the preliminary estimated Utility
Work cost, (Exhibit A — Second Amendment) of One Hundred Sixty-Eight Thousand One,
Hundred....-.Eig.ht.y..,....-.and..-.-,.,001,1.00-,-.Dollars- _($J 68,1 80.00) pI us 5%--.,.far,_ ___CGU NTY-,-
construction/contract administration/compaction and backfill testing costs of Eight
Thousand. Four Hundred Nine and 00/100 Dollars ($8,4,09.1 00), with an additional amount
for Unspecified Work of Thirty-Three Thousand Six Hundred Thirty-Six and 00/1.00 Dollars
($33,636.00), for a total cost of Two Hundred Ten Thousand Two Hundred Twenty-Five
and 00/100 Dollars ($210 225.00);. h as.bee n 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
(3,0) days from the date of Notification of the County's intent to award the construction
contract. If the Utility Work option portion of the contractor's bid selected
ected 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.balan ce 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 re,imburse 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 Aare 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.
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. O. Box 2438
Clearwater, FL 33757
,2
2. The due dates in Section 3 Joint Proiect Activities, Paragraph 3.1 and Paragraph
3.3, as applicable, are extended to January 8, 2021
3. Section 17. Agreement Term is hereby amended in its entirety as follows:
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 31.14 of this
Agreement 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 the SECOND AMENDMENT to this
Agreement, the Agreement shall be deemed terminated and any payments yments, 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 SECOND AMENDMENT, all provisions a nd
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.
CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, a
a municipal corporation political subdivision of the State of
of the State of Florida Florida, by and through its
County Administrator
ry
By: By:
William B. Home, 11, City Manager Barry A. Burton, County Administrator
Frank Hibbard, Mayor
ATTEST:
Rosemarie Call, City Clerk
Date:
REVIEWED AND APPROVED: APPROVED AS TO FORM:
By: L 1! - By:
Owen Kohler, Assistant City Attorney Office of the County Attorney�
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