The URL can be used to link to this page

Home My WebLink About2013-040 41912P A TRUE COPY � D/3�4 'Y4 CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK DUNS No. : 80-9394102 Contract No. : AOL-69 CSFA No . : 55.009 FM No: 4256244 -5&01 OR I G oto Jill W 111 AM s Vendor No: VF 596-000-674 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY SMALL COUNTY OUTREACH PROGRAM AGREEMENT AMENDMENT NUMBER ONE THIS Amendment, made and entered into this _ _ _ day of ' , 2013 by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and Indian River County, 1801 27`19 Street, Vero Beach, Florida. 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on March 29, 2012 the parties entered into a Small County Outreach Program Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide certain improvements in connection with Financial Management (FM) No. 4256241 -58-01 for Construction of a 5 foot concrete sidewalk, northbound turn lane, intersection improvements at 27h Avenue and SW 5`19 Street, and resurfacing of 27 'b Avenue from CR-606/01so Road to SR-60/20 Avenue and hereinafter referred to as the Project; and WHEREAS, the parties hereto desire to amend the Agreement; and WHEREAS , the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Small County Outreach Program Agreement dated March 29, 2012 as follows : 1 . The recitals set forth above are true and correct and are deemed incorporated herein. 2 . This Amendment reduces the funding needed for the resurfacing of the Project by THIRTEEN THOUSAND FOUR HUNDRED SIXTY FOUR DOLLARS AND TWENTY THREE CENTS ($ 13 ,464.23). Paragraph 4A of the Agreement is amended to read as follows: The total Project cost is ONE MILLION FOUR HUNDRED SIXTY THOUSAND ONE HUNDRED DOLLARS AND SEVENTY SEVEN CENTS ($ 1 ,460, 100 .77) . The DEPARTMENT will fund 75% of the cost of the Project which equals ONE MILLION NINETY FIVE THOUSAND SEVENTY FIVE DOLLARS AND FIFTY EIGHT CENTS ($ 1 ,095 ,075 .58), for Construction and CEI services. The COUNTY agrees to pay all expenses in excess of the DEPARTMENT' s payment. 3 . The COUNTY is eligible and shall be paid, an amount not to exceed the DEPARTMENT' s share of ONE MILLION NINETY FIVE THOUSAND SEVENTY FIVE DOLLARS AND FIFTY EIGHT CENTS ($ 1 ,095,075 .58), for all construction and CEI services performed from the date of the execution of the Agreement. The CEI services provision stated above was inadvertently omitted in the Agreement. All provisions, covenants, terms and conditions of the AGREEMENT between the parties theretofore entered into on March 29, 2012, respectively, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. 1 of 2 -40yo DUNS No. : 80-939-7102 Contract No. : A L-69 CSFA No. : 55.009 FM No : 425624- 1 -58-01 Vendor No: VF 596-000-674 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY SMALL COUNTY OUTREACH PROGRAM AGREEMENT AMENDMENT NUMBER ONE THIS Amendment, made and entered into this _ _day of KJ: 2(' J , 2013 by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and Indian River County, 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on March 29, 2012 the parties entered into a Small County Outreach Program Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide certain improvements in connection with Financial Management (FM) No. 4256244 -5801 for Construction of a 5 foot concrete sidewalk, northbound turn lane, intersection imTrovements at 27h Avenue and SW 5'h Street, and resurfacing of 27'h Avenue from CR-606/01so Road to SR-60/20 Avenue and hereinafter referred to as the Project, and WHEREAS, the parties hereto desire to amend the Agreement; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Small County Outreach Program Agreement dated March 29, 2012 as follows : 1 . The recitals set forth above are true and correct and are deemed incorporated herein. 2. This Amendment reduces the funding needed for the resurfacing of the Project by THIRTEEN THOUSAND FOUR HUNDRED SIXTY FOUR DOLLARS AND TWENTY THREE CENTS ($ 13 ,464.23). Paragraph 4A of the Agreement is amended to read as follows : The total Project cost is ONE MILLION FOUR HUNDRED SIXTY THOUSAND ONE HUNDRED DOLLARS AND SEVENTY SEVEN CENTS ($ 1 ,460, 100 .77) . The DEPARTMENT will fund 75% of the cost of the Project which equals ONE MILLION NINETY FIVE THOUSAND SEVENTY FIVE DOLLARS AND FIFTY EIGHT CENTS ($ 1 ,095 ,075 .58), for Construction and CEI services. The COUNTY agrees to pay all expenses in excess of the DEPARTMENT' s payment. 3 . The COUNTY is eligible and shall be paid, an amount not to exceed the DEPARTMENT' s share of ONE MILLION NINETY FIVE THOUSAND SEVENTY FIVE DOLLARS AND FIFTY EIGHT CENTS ($ 1 ,095 ,075 .58), for all construction and CEI services performed from the date of the execution of the Agreement. The CEI services provision stated above was inadvertently omitted in the Agreement. All provisions, covenants, terms and conditions of the AGREEMENT between the parties theretofore entered into on March 29, 2012, respectively, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. 1 of 2 IN WITNESS WHEREOF, this AMENDMENT is executed by the parties below for the purposes specified herein. Authorization has been give to enter into and execute this Amendment by Resolution No. 2013-011 hereto attached. ` 4C RIVER COUNTY, FLORIDA . :?3r " . 04 0 • Jr p h • a J R ` � • IT :ft ATTESTRw ; CLERK C1 • ' OQ• BY: 1, ��Clerk fC urty a, ! •+^° N Jo e h E . Flescher n C TI : Chairman, Board of County Commissioners Approved as to Form and Correctness: . County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION y o- OF ATTEST. lif BY: EXECUT S RET Y (SEAL) DIRECTO OF TANSPORTATIO DEVELOPMENT - DISTRICT FOUR APPROVED: LEGAL REVIEW: BY: BY: PROFESSIONAL SERVI S ADMINISTRATOR OFFI COUNSEL 2 of 2 i L IN WITNESS WHEREOF, this AMENDMENT is executed by the parties below for the purposes specified herein. Authorization has been give to enter into and execute this Amendment by Resolution No. 2013-011 hereto attached. r�N RIVER COUNTY, FLORIDA CP , ° Qi ATTEST : •'q?' off•" BY: Clerk of Courtknot% ° N : Jo e h E . Flescher TITLE/ ChairmweBoard. of County Commissioners A� • , h J'`roSTATE OF FLORIDA Approved as to Form and Correctness: y.' • 'W*o INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS. A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS �••�� QJ° OFFICE . •,gyep�.' • �,(,(•;�r�• J FREY R-AMIVINI , CLERK D.C . side DATE lop County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST : BY: EXECUTIVE SECRETARY ( SEAL) DIRECTOR OF TRANSPORTATION DEVELOPMENT - DISTRICT FOUR APPROVED : LEGAL REVIEW, BY: BY: PROFESSIONAL SERVICES ADMINISTRATOR OFFICE OF THE GENERAL COUNSEL 2 of 2 RESOLUTION NO. 2013" 011 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF AMENDMENT NO , 1 TO THE SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT FOR INTERSECTION IMPROVEMENTS AT 27TH AVENUE AND SW 5TH STREET, AND RESURFACING OF 27TH AVENUE FROM CR-606/OSLO ROAD TO SR-60/207" STREET. WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a SMALL COUNTY OUTREACH PROGRAM (SCOP ) AGREEMENT on March 29, 2012, 1n which the Florida Department of Transportation ( FDOT) is prepared to provide funds to pay a portion of the cost for resurfacing of 27th Avenue in Indian River County, Florida for FM No . 425624- 1-58-01 and hereinafter referred to as the PROJECT in the amount of $ 1,473, 565 .00. WHEREAS, the State of Florida, Department of Transportation has requested that Indian River County execute and deliver to the State of Florida, Department of Transportation, this AMENDMENT NO . 1 to the SCOP AGREEMENT, for reduction of funds in the amount of $ 13,464. 23 for the aforementioned PROJECT, resulting in remaining funds of $ 1,460, 100. 77 . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, AMENDMENT NO . 1 to the SCOP AGREEMENT for the aforementioned project. The foregoing resolution was offered by Commissioner O ' Rrvan who moved its adoption . The motion was seconded by Commissioner Flescher and, upon being put to a vote, the vote was as follows : Chairman Joseph E . Flescher Aye Vice-Chairman Wesley S . Davis Ave Commissioner Peter D . O' Bryan AUP Commissioner Bob Solari Aye Commissioner Tim ZorcLZ _ The Chairman thereupon declared the resolution passed and adopted this 3 Qth day of February , 2013 . BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA ,,pDDtltlDtltlD,a a°+J��y�pMMISS��s By 291�0 °• o . 000s 7J seph E . Flescher, Chairman * : e Attest . _ s Je it 0C of Court ; 2 I :�g4J to P • R a . N . O&WDDOD tlD tltltl DMy,p. By : & at�m ` County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency F:\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\agenda items\Resolution AMENDMENT NO 1 to SCOP Agreement 024143 .doc -40yo DUNS No. : 80-939-7102 Contract No. : A L-69 CSFA No. : 55.009 FM No : 425624- 1 -58-01 Vendor No: VF 596-000-674 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY SMALL COUNTY OUTREACH PROGRAM AGREEMENT AMENDMENT NUMBER ONE THIS Amendment, made and entered into this _ _day of KJ: 2(' J , 2013 by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and Indian River County, 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on March 29, 2012 the parties entered into a Small County Outreach Program Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide certain improvements in connection with Financial Management (FM) No. 4256244 -5801 for Construction of a 5 foot concrete sidewalk, northbound turn lane, intersection imTrovements at 27h Avenue and SW 5'h Street, and resurfacing of 27'h Avenue from CR-606/01so Road to SR-60/20 Avenue and hereinafter referred to as the Project, and WHEREAS, the parties hereto desire to amend the Agreement; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Small County Outreach Program Agreement dated March 29, 2012 as follows : 1 . The recitals set forth above are true and correct and are deemed incorporated herein. 2. This Amendment reduces the funding needed for the resurfacing of the Project by THIRTEEN THOUSAND FOUR HUNDRED SIXTY FOUR DOLLARS AND TWENTY THREE CENTS ($ 13 ,464.23). Paragraph 4A of the Agreement is amended to read as follows : The total Project cost is ONE MILLION FOUR HUNDRED SIXTY THOUSAND ONE HUNDRED DOLLARS AND SEVENTY SEVEN CENTS ($ 1 ,460, 100 .77) . The DEPARTMENT will fund 75% of the cost of the Project which equals ONE MILLION NINETY FIVE THOUSAND SEVENTY FIVE DOLLARS AND FIFTY EIGHT CENTS ($ 1 ,095 ,075 .58), for Construction and CEI services. The COUNTY agrees to pay all expenses in excess of the DEPARTMENT' s payment. 3 . The COUNTY is eligible and shall be paid, an amount not to exceed the DEPARTMENT' s share of ONE MILLION NINETY FIVE THOUSAND SEVENTY FIVE DOLLARS AND FIFTY EIGHT CENTS ($ 1 ,095 ,075 .58), for all construction and CEI services performed from the date of the execution of the Agreement. The CEI services provision stated above was inadvertently omitted in the Agreement. All provisions, covenants, terms and conditions of the AGREEMENT between the parties theretofore entered into on March 29, 2012, respectively, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. 1 of 2 IN WITNESS WHEREOF, this AMENDMENT is executed by the parties below for the purposes specified herein. Authorization has been give to enter into and execute this Amendment by Resolution No. 2013-011 hereto attached. ` 4C RIVER COUNTY, FLORIDA . :?3r " . 04 0 • Jr p h • a J R ` � • IT :ft ATTESTRw ; CLERK C1 • ' OQ• BY: 1, ��Clerk fC urty a, ! •+^° N Jo e h E . Flescher n C TI : Chairman, Board of County Commissioners Approved as to Form and Correctness: . County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION y o- OF ATTEST. lif BY: EXECUT S RET Y (SEAL) DIRECTO OF TANSPORTATIO DEVELOPMENT - DISTRICT FOUR APPROVED: LEGAL REVIEW: BY: BY: PROFESSIONAL SERVI S ADMINISTRATOR OFFI COUNSEL 2 of 2 i RESOLUTION NO. 2013" 011 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF AMENDMENT NO , 1 TO THE SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT FOR INTERSECTION IMPROVEMENTS AT 27TH AVENUE AND SW 5TH STREET, AND RESURFACING OF 27TH AVENUE FROM CR-606/OSLO ROAD TO SR-60/207" STREET. WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a SMALL COUNTY OUTREACH PROGRAM (SCOP ) AGREEMENT on March 29, 2012, 1n which the Florida Department of Transportation ( FDOT) is prepared to provide funds to pay a portion of the cost for resurfacing of 27th Avenue in Indian River County, Florida for FM No . 425624- 1-58-01 and hereinafter referred to as the PROJECT in the amount of $ 1,473, 565 .00. WHEREAS, the State of Florida, Department of Transportation has requested that Indian River County execute and deliver to the State of Florida, Department of Transportation, this AMENDMENT NO . 1 to the SCOP AGREEMENT, for reduction of funds in the amount of $ 13,464. 23 for the aforementioned PROJECT, resulting in remaining funds of $ 1,460, 100. 77 . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, AMENDMENT NO . 1 to the SCOP AGREEMENT for the aforementioned project. The foregoing resolution was offered by Commissioner O ' Rrvan who moved its adoption . The motion was seconded by Commissioner Flescher and, upon being put to a vote, the vote was as follows : Chairman Joseph E . Flescher Aye Vice-Chairman Wesley S . Davis Ave Commissioner Peter D . O' Bryan AUP Commissioner Bob Solari Aye Commissioner Tim ZorcLZ _ The Chairman thereupon declared the resolution passed and adopted this 3 Qth day of February , 2013 . BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA ,,pDDtltlDtltlD,a a°+J��y�pMMISS��s By 291�0 °• o . 000s 7J seph E . Flescher, Chairman * : e Attest . _ s Je it 0C of Court ; 2 I :�g4J to P • R a . N . O&WDDOD tlD tltltl DMy,p. By : & at�m ` County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency F:\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\agenda items\Resolution AMENDMENT NO 1 to SCOP Agreement 024143 .doc