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SECOND EXTENSION AND FIRST AMENDMENT TO AGREEMENT <br />FOR ASPHALT PAVING AND RESURFACING <br />This Second Extension and First Amendment to that certain Agreement to provide Asphalt <br />Paving and Resurfacing is entered into effective as of July 2, 2022 by and between Indian River <br />County, apolitical subdivision of the State of Florida ("County") and C.W. Roberts Contracting, Inc. <br />("Contractor"). <br />BACKGROUND RECITALS <br />WHEREAS, the County awarded the work to Contractor under bid 2020042 on July 2, 2020, and <br />WHEREAS, the first extension was executed, effective as of July 2, 2021, with the term ending on <br />July 1, 2022; and <br />WHEREAS, the parties entered into a formal Agreement for Asphalt Paving and Resurfacing, to <br />facilitate the use of ARPA funds for the work, effective October 5, 2021; and <br />WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and <br />WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional <br />one-year period; and <br />WHEREAS, the parties desire to amend Article 7 — Contractor's Representations to include E - <br />Verify requirements; and <br />WHEREAS, the parties desire to update requirements to the Federal Clauses section, in accordance <br />with 2 C.F.R.; and <br />WHEREAS, the parties have agreed to pricing modifications, based on the Florida Department of <br />Transportation's Fuel and Bituminous Average Price Index. <br />NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, <br />the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as <br />follows: <br />1. The background recitals are true and correct and form a material part of this Second Extension and <br />First Amendment. <br />2. The second renewal term shall commence effective July 2, 2022 and shall end on July 1, 2023. There <br />are no additional renewals available. <br />3. The following is added to Article 4 — Contract Price: <br />Should the Florida Department of Transportation's Bituminous Binder Price Index and/or the Florida <br />Department of Transportation's Diesel Fuel Price Index Fuel fall below $2 50/gallon, the parties agree <br />to a downward adjustment to reflect the price decrease. <br />