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Home My WebLink About2014-091RESOLUTION NO. 2014- 091 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. 3 TO THE TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT FM NO. 425883-1-58-01 FOR CONSTRUCTION (WIDENING AND RECONSTRUCTION) ALONG 66TH AVENUE FROM SR -60 TO 4157 STREET WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a Transportation Regional Incentive Program Agreement to provide funding to the County in the amount of $5,709,602.00 on June 1, 2012 and then entered into Amendment No. 1 for an increase to the Transportation Regional Incentive grant in the amount of $560,777.00, and then entered into Amendment No. 2 for a revised deliverables schedule. WHEREAS, the State of Florida, Department of Transportation has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this AMENDMENT NO. 3 for a time extension until June 30, 2015. WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 50 percent of the cost of the project costs as its portion of the required local match. 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. 3 to Transportation Regional Incentive Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner Flescher who moved its adoption. The motion was seconded by Commissioner Davis and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Ave Vice -Chairman Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Bob Solari Aye Commissioner Tim Zorc Aye RESOLUTION NO. 2014- 091 The Chairman thereupon declared the resolution passed and adopted this 14 day of October , 2014. Attest: Jeffrey R. Smith, Clerk of Court LE and Comptroller Deputy Clerk BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman Reingold, County Attorney 2 F•\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St (Arcadis)\Admin\agenda items\Resolution TRIP Agreement AMENDMENT NO 3 10-14-2014 doc DUNS No 80-939-7102 CSFA No.: 55.026 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Contract No.: AQN-66 a FM No: 425883-1-58-01 Vendor No: VF 596-000-679 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT AMENDMENT NUMBER THREE THIS Amendment, made and entered into this 14 day of OCTOBER , 20 14, 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 June 1, 2012, the parties entered into a Transportation Regional Incentive Program Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide certain improvements in connection Financial Management (FM) No. 425883-1-58-01 for the Construction (widening and reconstruction) along 66th Avenue from SR -60 to 41" Street in Indian River County, Florida, hereinafter referred to as the Project; and WHEREAS, the parties amended the Agreement on December 4, 2012 (Amendment Number One) and May 21, 2014 (Amendment Number Two); and WHEREAS, the parties desire to further 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 Transportation Regional Incentive Program Agreement dated June 1, 2012, as follows: The recitals set forth above are true and correct and are deemed incorporated herein. 2. Paragraph 3A of the Agreement is amended as follows: Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or June 30, 2015, whichever occurs first, or unless terminated earlier in accordance with the terms of Paragraph 9. All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered into on June 1 2012 and amended on December 4, 2012 and May 21, 2014, 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. Page 1 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf, by the Chairman/Councilman of Indian River County or its designee, as authorized by Resolution Number 2014-091 and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Amendment to be executed in its behalf through its District Secretary or authorized designee: INDIAN RIVER COUNTY, FLORIDA ATTEST: BY: OBY: �� G CLERK (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B/� �f�TY ATTORNEY ATTEST: I= NAME: Peter D. 0' Bryan TITLE: CHAIRMAN Octob SI&E (2014ORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT.THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE J FREY R S CLERK BY �� AAA O Its..- D.C. DATE ID IIJ::Jae7 1� STATE OF FLORIDA DEPARTMENT OF TRANSPOR�AT EXECUTIVE SECRETARY (SEAL) DIRECTOR OF TRANSPORTATION DEVELOPMENT DISTRICT 4 Print Name Availability of Funds Approval: (Date) (Date) Print Name LEGAL REVIEW BY: OFFICE OF THE GENERAL COUNSEL Page 2 (Date)