The URL can be used to link to this page

Home My WebLink About2008-197Contract No.: AP -168 FM No: 228627-1-A8-01 Vendor No: VF 596-000-679 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY ADVANCE REIMBURSEMENT LOCALLY FUNDED AGREEMENT AMENDMENT NUMBER ONE THIS AMENDMENT, made and entered into this day of , 200_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY, located at 1801 27Th STREET, VERO BEACH, FLORIDA 329606, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, on January 289 2008, the parties entered into a Locally Funded Agreement, hereinafter referred to as the AGREEMENT, wherein the PARTICIPANT agreed to provide advance funding for certain improvements in connection with the Reconstruction and Widening of SR -60 from 82°d Avenue/CR-609 to 66th Avenue/CR-615 in Indian River County, Florida for FM# 228627-1-A8- 01 and hereinafter referred to as the PROJECT, and, WHEREAS, the parties 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 further amend that certain Locally Funded Agreement dated January 28, 2008, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The estimated cost for the PROJECT is hereby reduced by TEN MILLION EIGHT HUNDRED THIRTY SIX THOUSAND TWO HUNDRED THIRTY NINE DOLLARS ($10,836,239.00), thus making the PARTICIPANT'S PROJECT share TWENTY THREE MILLION EIGHT HUNDRED THIRTY THREE THOUSAND THREE HUNDRED SIXTY TWO DOLLARS ($23,833,362.00). 3. Paragraph 4 of the Agreement shall be removed in its entirety and replaced as follows: The construction of the PROJECT is estimated to be completed in January, 2011. The PARTICIPANT'S advanced funding for this PROJECT is in the amount of TWENTY THREE MILLION EIGHT HUNDRED THIRTY THREE THOUSAND THREE HUNDRED SIXTY TWO DOLLARS ($23,833,362.00). Page 1 The PARTICIPANT will submit the advance funding for the Project in three payments. The PARTICIPANT has previously furnished the DEPARTMENT with a check for the first payment which is 14.5% of the PROJECT estimate in the amount of THREE MILLION FOUR HUNDRED SIXTY SIX THOUSAND NINE HUNDRED SIXTY DOLLARS AND TEN CENTS ($3,466,960.10). The PARTICIPANT has furnished a second payment made to the DEPARTMENT, which is 58.2% of the PROJECT estimate, in the amount THIRTEEN MILLION EIGHT HUNDRED SIXTY SEVEN THOUSAND EIGHT HUNDRED FORTY DOLLARS AND FORTY CENTS ($13,867,840.40). The third and final payment, which is 27.3% of the PROJECT estimate, is in the amount of SIX MILLION FOUR HUNDRED NINETY EIGHT THOUSAND FIVE HUNDRD SIXTY ONE DOLLARS AND FIFTY CENTS ($6,498,561.50) and is due seven days prior to the execution of the construction contract by the DEPARTMENT. Currently, the construction contract is scheduled to be executed on May 29, 2008. The DEPARTMENT agrees to reimburse the PARTICIPANT for their participation in accordance with Section 339.12(4)(c), Florida Statutes. The PARTICIPANT acknowledges and agrees that it will not invoice the DEPARTMENT for any portion of the TWENTY THREE MILLION EIGHT HUNDRED THIRTY THREE THOUSAND THREE HUNDRED SIXTY TWO DOLLARS ($23,833,362.00) prior to July 1, 2009, the fiscal year the PROJECT is scheduled in the Department's Work program. After a receipt of a properly documented invoice, the payments will be made to the PARTICIPANT in eight (8) equal quarterly payments of TWO MILLION NINE HUNDRED SEVENTY NINE THOUSAND ONE HUNDRED SEVENTY DOLLARS AND TWENTY FIVE CENTS ($2,979,170.25), which equals TWENTY THREE MILLION EIGHT HUNDRED THIRTY THREE THOUSAND THREE HUNDRED SIXTY TWO DOLLARS ($23,833,362.00). Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM Project No. 228627-1-32-02, 228627-1-52-01, & 228627-1-62-01. The DEPARTMENT shall utilize this deposit for payment of the cost of Projects No. 228627-1-32-02, 28627-1-52-01, & 228627-1-62-01. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit - 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Attention: Leos A. Kennedy, Jr. Page 2 Breakdown of Funding Design Services FM# 228627-1-32-02 Construction FM# 228627-1-52-01 CEI Services FM# 228627-1-62-01 $250,000.00 $20,346,473.00 $3,236,889.00 Total estimated Project Cost = $23,833,362.00 (A) The DEPARTMENT intends to have it final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of final payment made to the Contractor. The DEPARTMENT considers the PROJECT complete when the final payment is made to the Contractor, not when the construction work is complete. All PROJECT cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of five (5) years after final close out of the PROJECT. The PARTICIPANT will be notified of the final cost. Both parties agree that in the event the final accounting of total PROJECT costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the PARTICPANT. If the final accounting is not performed within three hundred and sixty (360) days, the PARTICIPANT is not relieved from its obligation to pay. (B) In the event the final accounting of total PROJECT costs is greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40) calendar days until the invoice is paid. (C) The payment of funds under this Agreement will be made: Directly to the DEPARTMENT for deposit and as provided in the Memorandum of Agreement (MOA) between PARTICIPANT, DEPARTMENT, and the State of Florida, Department of Financial Services, Division of Treasury, a copy of which is attached hereto as Exhibit "B". NOTE: The MOA is a benefit to both the DEPARTMENT and the PARTICIPANT. Interest earned will be used for any additional costs of PARTICIPANT responsibility. Any unused funds, including interest, will be provided to the PARTICIPANT after the final accounting of the PROJECT has been performed. (D) The DEPARTMENT'S obligation to pay any sum pursuant to this Agreement is contingent upon an annual appropriation by the Florida Legislature. Page 3 All provisions, covenants, terms and conditions of the AGREEMENT between the parties theretofore entered into on January 28, 2008, 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. IN WITNESS WHEREOF, this AMENDMENT to be executed by the parties below for the purposes specified herein. Authorization has been give to enter into and execute this Amendment by Resolution No. 2008-090 on ___________July 1, _ _, 2008, hereto attached INDIAN RIVER COUNTY BY: C'ik, 'ID) (J 6 NAME: S�Addra L. Bowden TITLE: Chairman ATTEST: � bq J.K. BARTON CLERK CIRCUIT COURT COUNTY CLERK (SEAL) APPROVED: BY: i COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ROSIELYN QUIROZ DIRECTOR OF TRANSPORTATION SUPPORT APPROVED: (AS TO FORM) M3 DISTRICT GENERAL COUNSEL APPROVED: BY: PROFESSIONAL SERVICES ADMINISTRATOR Page 4