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Home My WebLink About2011-194 G - Cv ~ I I 8 , R • 525-010-32 /f yP/[2ODUCTION SUPPORT V //- / 9 ! 12I09 Page I of 5 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN ONE LOCAL AGENCY PROGRAM 418136- 1 -58-01 SUPPLEMENTAL CONTRACT NO . DUNS NO . AGREEMENT APK-04 80-939-7102 The Florida Department of Transportation and Indian River County desires to supplement the original Agreement entered into and executed on June 25 2009 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name Indian River Blvd Sidewalk Improvement from 12th St. to 17' St . Length 0 .670 miles Termini From 12"' Street to 17th Street Description of Work : The project consists of constructing a new 8' wide concrete sidewalk along the West right of way line of Indian River Blvd . , from 12`" Street to 17th Street, which includes a new pedestrian bridge over the 10 Street Canal , maintained by Indian River County, Florida . Reason for Supplement: The proposed change to the current contract is primarily to add a Landscaping Buffer adjacent to the canal bank. Permitting required a clear buffer along the canal bank north of 14th Street Canal , which required the removal of primarily invasive exotic vegetations; Brazilian Peppers and Australian pines . Once the clearing was completed , the residences to the West of the canal complained to the Board of County Commissioners, The County was asked to provide an upland landscape buffer along the West side of the sidewalk approximately 300 LF South and North of the pedestrian bridge. This supplement includes the addition of Exhibit L, Landscape Maintenance Agreement. This Supplemental Agreement also amends the Original Agreement to include Paragraph 13. 16 E-VERIFY as follows: 13. 16 E-VERIFY The Agency: 1 . Shall utilize the U . S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and 2. Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U . S . Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the suboontractor during the contract term . 525-010-32 PRODUCTION SUPPORT 12/09 P29e2of5 SUPPLEMENTAL NO . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM 418136- 1 -58-01 ONE SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO . APK-04 80-939-7102 FUNDING TYPE OF WORK q 5 ( t ) (2) (3) O ( ) By Fiscal Year PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL STATE a PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS Planning 2007-2008 2008-2009 2009-2010 2010-2011 2011 -2012 2012-2013 Total Planning Cost $0. 00 $0 . 00 $0'00 $0 . 00 $0 .00 Project Development & Environment (PD&E) 2007-2008 2008-2009 2009-2010 2010-2011 2011 -2012 2012-2013 Total PD&E Cost $0 . 00 $0 . 00 $0. 00 $0. 00 $0.00 Design 2007-2008 2008-2009 2009-2010 2010-2011 2011 -2012 2012-2013 Total Design Cost $0. 00 $0 . 00 $0.00 $0 . 00 $0 .00 Right-of-Way 2007-2008 2008-2009 2009-2010 - 2010-2011 2011 -2012 2012-2013 Total Right-of-Way Cost $0. 00 $0. 00 $0. 00 $0 . 00 $0. 00 Construction 2007-2006 2008-2009 2009-2010 $432, 000.00 $432, 000.00 $432,000. 00 2010-2011 2011 -2012 2012-2013 Total Construction Cost $432, 000.00 $0. 00 $432,000. 00 $0. 00 $4329000.00 Construction Engineering and Inspection (CEI) 2007-2008 2008-2009 2009-2010 2010-2011 2011 -2012 2012-2013 Total CEI Cost $0.00 $0. 00 $0 .00 $0 . 00 $0.00 Total Construction & CEI Costs $432, 000.00 $0 . 00 $432 ,000.00 $0. 00 $432, 000.00 TOTAL COST OF THE $432, 000 .00 $0.00 $432, 000 . 00 $0 .00 $432, 000. 00 PROJECT 525-01032 PRODUCTION SUPPORT 12/09 Page 3 of 5 SUPPLEMENTAL NO . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM 418136. 1 -58-01 ONE SUPPLEMENTAL DUNS NO . AGREEMENT CONTRACT NO . APK-04 80-939-7102 IN WITNESS WHEREOF, the parties have caused these.QL rS .SntS to be executed the day and year first above written . .�'��•••�v pOMbnSseO.,��•... . oJ • � .• ' • .tiF� V : AWE OF FLORIDA DEPARTMENT OF TRANSPORTATON AGENCY INDIAN RIVER COUNTY : *: ;° . By: ' L Name: Bob Solari �. � • '• �p �:' Name: M . (, 7C ( + y C ' � r# — *, lam Title: Chairman '•9ti9 • •-• ,�.r� Title: Director of Transportation Develo Chair a .. R000t . Attest: ti ` �-� Attest: �t �i Nam T Name: Title: CLERK CIRCUIT COURT Title: Ay , 051 - S Date: } r I f / i / . i , . ! Date: Il6 , 28� h uM As to form : Legal Rriew: Attorney O ce ofth en al Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT 10/10 Page 4 of 5 EXHIBIT " L" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13 . 13 is expanded by the following : The Department and the Agency agree as follows : 1 . Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA , the Agency shall , at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called " Project Standards." Specifically , the Agency agrees to : a ) Properly water and fertilize all plants , keeping them as free as practicable from disease and harmful insects; b ) Properly mulch plant beds; c ) Keep the premises free of weeds ; d ) Mow and/or cut the grass to the proper length ; e ) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and/or pruning such parts thereof which present a visual hazard for those using the roadway ; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards . The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA . In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason , then they shall be replaced by parts of the same grade , size , and specification as provided in the original plans for the project . Furthermore , the Agency agrees to keep litter removed from the project highway . 2 . Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards , the Department, in addition to its right of termination under paragraph 4(a ) , may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency . 3 . It is understood between the parties hereto that any portion of or the entire project may be removed , relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened , altered or otherwise changed to meet with the future criteria or planning of the Department . The Agency shall be given notice regarding such removal , relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed . After the 60-day removal period , the Department will become the owner of the unresolved portion of the project , and the Department then may remove, relocate or adjust the project as it deems best , with the Agency being responsible for the cost incurred for the removal of the project. 4 . This LMA may be terminated under any one of the following conditions: a ) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written notice ; or STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT10/10 Page 5 of 5 EXHIBIT " L" (continued ) LANDSCAPE MAINTENANCE AGREEMENT (LMA) b) By either party following 60-calendar days' written notice . 5 . In the event this LMA is terminated in accordance with paragraph 4 hereof , the Agency shall have 60 days after the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and expense . The Agency will own that part of the project it removed . After the 60-day removal period , the Department then may take any action with the project highway or all or part of the project it deems best , with the Agency being responsible for any removal costs incurred . 6 . This LMA embodies the entire agreement and understanding between the parties hereto , and there are no other agreements or understandings , oral or written , with reference to the subject matter hereof that are not merged herein and superseded hereby . 7 . This LMA may not be assigned or transferred by the Agency , in whole or in part , without consent of the Department. 8 . This LMA shall be governed by and construed in accordance with the laws of the State of Florida . 9 . All notices, demands , requests or other instruments shall be given by depositing the same in the U . S . mail , postage prepaid , registered or certified with return receipt requested : a) If to the Department , addressed to : Ellen Daniel Local Program Engineer 3400 West Commercial Blvd . Ft . Lauderdale FL 33309 or at such other address as the Department may from time to time designate by written notice to the Agency , and b) If to the Agency , addressed to : Christopher J Kafer , Jr' , County Engineer 1801 27`h Street Building A Vero Beach FL 32960 or at such other address as the Agency may from time to time designate by written notice to the Department . 10 , This LMA , if attached as an exhibit to the Agreement , forms an integral part of the Agreement between the parties dated June 25`h 2009 . All time limits provided hereunder shall run from the date of receipt of all such notices , demands , requests , and other instruments.