HomeMy WebLinkAbout2018-074DUNS No.: 80-939-7102
CSFA No.: 55.008
FM No: 431759-1-4B/42/43/45-01
Vendor No: VF 596-000-743
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
INDIAN RIVER COUNTY
COUNTY INCENTIVE GRANT PROGRAM LOCALLY FUNDED AGREEMENT
AMENDMENT NUMBER ONE
THIS Amendment, made and entered into this P-4 *n day of .RQn -i t ,
20 18 , 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 27b Street, Vero Beach, Florida 32960,
hereinafter called the COUNTY.
WITNESSETH
WHEREAS, on June 9, 2015, the parties entered into a County Incentive Grant Program Locally Funded
Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide the
DEPARTMENT financial assistance in connection with Financial Management (FM) No. 431759-1-
4B/42/43/45-01 for the Right of Way appraisal, consultant, acquisition, and relocation services of various parcels
for the construction of intersection improvements at SR -60 and 43`d Avenue in Indian River County, Florida,
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 Agreement dated June 9, 2015 as follows:
The recitals set forth above are true and correct and are deemed incorporated herein.
2. Financial Management (FM) Number 431759-1-C2-10 is added to the Agreement for environmental
services needed for the completion of the Project.
3. Paragraph 3A of the Agreement is amended to read 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, 2019, whichever occurs first.
4. This Amendment increases the total funding needed for the completion of the Project. Paragraph 4B
of the Agreement is hereby amended as follows:
The estimated total cost as set forth in the Department Adopted Work Program for this Project is
FOURTEEN MILLION SIX HUNDRED THIRTY SEVEN THOUSAND EIGHTY NINE
DOLLARS AND NO CENTS ($14,637,089.00). The COUNTY's amended share for the Project,
is SEVEN MILLION THREE HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED FORTY
FOUR DOLLARS AND FIFTY CENTS ($7,318,544.50), which shall be paid to the
1 of 4
DEPARTMENT. In the event the total Project cost is less than the funds provided, the difference
shall be refunded to the COUNTY. In the event the actual cost of the Project without modifications,
results in a sum greater than that paid by the COUNTY, then any additional cost shall be the sole
responsibility of the COUNTY and shall be paid to the DEPARTMENT.
The COUNTY is required to submit the funding for the Project in four payments. Three of the four
required payments have already been received by the Department and all three payments have been
applied to FM Number 431759-1-4B/42/43/45-01, to cover the COUNTY's one-half of the Project's
expenditures. The first, second, and third payments were received on October 14, 2015, October 20,
2016, and October 23, 2017 in the amounts of TWO MILLION ONE HUNDRED ELEVEN
THOUSAND NINE HUNDRED SEVEN DOLLARS AND NO CENTS ($2,111,907.00), ONE
MILLION TWO HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED TWENTY
THREE DOLLARS AND NO CENTS ($1,271,523.00), and ONE MILLION TWENTY ONE
THOUSAND ONE HUNDRED NINETY SEVEN DOLLARS AND NO CENTS ($1,021,197.00),
respectively. The fourth and final payment, which is the remaining funds required for the Project in
FY 2017/2018, is TWO MILLION NINE HUNDRED THIRTEEN THOUSAND NINE
HUNDRED SEVENTEEN DOLLARS AND FIFTY CENTS ($2,913,917.50), and is due within
thirty (30) days of the execution of this Amendment.
Remittance shall be made payable to the Department of Transportation. Payment shall be clearly
marked to indicate that it is to be applied to FM Project No 431759-1-4B/42/43/45-01 & 431759-1-
C2-10. The Department shall utilize this amount towards cost of Project 431759-1-4B/42/43/45-01
& 431759-1-C2-10.
The final payment of TWO MILLION NINE HUNDRED THIRTEEN THOUSAND NINE
HUNDRED SEVENTEEN DOLLARS AND FIFTY CENTS ($2,913,917.50) shall be allocated as
follows:
FM No. 431759-1-4B/42/43/45-01: TWO MILLION SEVEN HUNDRED THIRTEEN
THOUSAND NINE HUNDRED SEVENTEEN DOLLARS AND FIFTY CENTS ($2,713,917.50).
FM No. 431759-1-C2-10: TWO HUNDRED THOUSAND DOLLARS AND NO CENTS
($200,000.00).
The table on page 4 of the Agreement, is hereby amended. The amended table is shown in
Attachment 1 of this Amendment, attached hereto and made a part hereof.
In the event that any of the allocated funds for Phase 413, 42, 43, and/or 45 are not utilized in its
entirety, the Department shall reallocate funds, without an amendment, to cover Project cost as long
as the reallocation results in a ZERO DOLLAR ($0.00) net change and no additional funding is
required from the County.
All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered
into on June 9, 2015, 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.
2 of 4
IN WITNESS WHEREOF, the COUNTY has caused this Amendment to be executed on its behalf this nth
day of Anr;1 2018 , by the Chairman or designee, authorized to enter into and execute
same by Resolution No. _ 201.8-040 dated the 17th day of April , 2018 ,
and the DEPARTMENT has executed this Amendment through its Director of Transportation Development for District
Florida Department of Transportation, this Z4"" day of '&o Ni L 20 t8
INDIAN RIVER COUNTY, FLORIDA
ATTEST: Jeffrey R. Smith, Clerk of Court
and Comptroller
s �
Deputv Clerk
•.����jSY.COhj,��ss `.
wY..wY.ww
BY: PETER D. O'BRYAN
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
APPROVED AS TO FORM AND CORRECTNESS:
C'v
WILLIAM K. DEBRAAL, DEPUTY COUNTY ATTORNEY
STATE OF FLORIDA DEPARTMENT OFT SPORTATION
ATTEST: �k�iti e (SEAL) BY:
EXECUTIVE SECRETARY MARK PLASS, P.E
ACTING DIRECTOR OF TRANSPORTATION
DEVELOPMENT
NAME: A n h b lits& DISTRICT
Availability of Funds Approval: LEGAL REVIEW:
(Date)
ATTACHMENT 1
Phase
No_ Fiscal Year County's Share Amendment 1 Amendment Total Department's Share Amendment 1 Amendment Total
C2
2017/2018
$0.00
$200,000.00
$200,000.00
$0.00
$200,000.00
$200,000.00
4B
2015/2016
$507,961.00
$0.00
$507,961.00
$240,164.00
$0.00
$0.00
SUB I U IAL $U.UU $2U0,000.00 5200,000.00 $0.00 $200,000.00 $200,000.00
SUBIUTAL )/48,1Zb.UU }b/,14Z.UU $815,Zb/.UU 5748,125.U0 $67,141.00 $815,267.00
2014/2015
$0.00
$0.00
$0.00
$507,961.00
$0.00
$507,961.00
4B
2015/2016
$507,961.00
$0.00
$507,961.00
$240,164.00
$0.00
$240,164.00
42
2016/2017
$159,807.00
$0.00
$159,807.00
$0.00
$0.00
$0.00
2017/2018
$80,357.00
$67,142.00
$147,499.00
$0.00
$67,142.00
$67,142.00
SUBIUTAL )/48,1Zb.UU }b/,14Z.UU $815,Zb/.UU 5748,125.U0 $67,141.00 $815,267.00
SUBTOTAL 5814,067.00 (5454,067.00) 5360,000.00 5814,067.00 (5454,067.00) 5360,000.00
2014/2015
$0.00
$0.00
$0.00
$646,446.00
$0.00
$646,446.00
2015/2016
$646,446.00
$0.00
$646,446.00
$0.00
$0.00
$0.00
42
2016/2017
$167,621.00
$0.00
$167,621.00
$167,621.00
$0.00
$167,621.00
2017/2018
$0.00
($454,067.00)
($454,067.00)
$0.00
($454,067.00)
($454,067.00)
SUBTOTAL 5814,067.00 (5454,067.00) 5360,000.00 5814,067.00 (5454,067.00) 5360,000.00
SUBTOTAL 52,737,435.00 52,964,481.50 55,701,916.50 51,737,435.00 52,964,481.50 55,701,916.50
2014/2015
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
2015/2016
$916,500.00
$0.00
$916,500.00
$916,500.00
$0.00
$916,500.00
43
2016/2017
$916,500.00
$0.00
$916,500.00
$916,500.00
$0.00
$916,500.00
2017/2018
$904,435.00
$466,523.50
$1,370,958.50
$904,435.00
$466,523.50
$1,370,958.50
2018/2019
$0.00
$486,500.00
$486500.00
$0.00
$486,500.00
$486,500.00
2019/2020
$0.00
$330,500.00
$330,500.00
$0.00
$330,500.00
$330,500.00
2020/2021
$0.00
$840,479.00
$840,479.00
$0.00
$840,479.00
$840,479.00
2021/2022
$0.00
$840,479.00
$840,479.00
$0.00
$840,479.00
$840,479.00
SUBTOTAL 52,737,435.00 52,964,481.50 55,701,916.50 51,737,435.00 52,964,481.50 55,701,916.50
SUBTOTAL $105,000.00 $136,361.00 $241,361.00
TOTAL AMOUNT:
ORIGINAL $4,404,627.00
AGREEMENT
AMENDMENT AMOUNT $2,913,917.50
TOTAL AMOUNT
$105,000.00 $136,361.00 $241,361.00
$4,404,627.00
SHARES $7,318,544.50
(County & Department)
TOTAL CONTRACT
AMOUNT $14,637,089.00
4of4
$2,913,917.50
$7,318,544.50
2014/2015
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
2015/2016
$41,000.00
$0.00
$41,000.00
$41,000.00
$0.00
$41,000.00
45
2016/2017
$27,595.00
$0.00
$27,595.00
$27,595.00
$0.00
$27,595.00
2017/2018
$36,405.00
$136,361.00
$172,766.00
$36,405.00
$136,361.00
$172,766.00
2018/2019 11
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SUBTOTAL $105,000.00 $136,361.00 $241,361.00
TOTAL AMOUNT:
ORIGINAL $4,404,627.00
AGREEMENT
AMENDMENT AMOUNT $2,913,917.50
TOTAL AMOUNT
$105,000.00 $136,361.00 $241,361.00
$4,404,627.00
SHARES $7,318,544.50
(County & Department)
TOTAL CONTRACT
AMOUNT $14,637,089.00
4of4
$2,913,917.50
$7,318,544.50
RESOLUTION NO. 2018- non
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF AMENDMENT ONE TO A
COUNTY INCENTIVE GRANT PROGRAM LOCALLY FUNDED AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF INTERSECTION
IMPROVEMENTS AT STATE ROAD 60 AND 43RD AVENUE.
WHEREAS, Indian River County, (County) with the assistance of the Florida Department of
Transportation (Department) is pursuing the construction of a roadway project for the improvement of the
intersection of SR 60 and CR 611 (43rd Avenue) (Project), associated with Financial Management (FM)
Number 431759-1, Section 88060-2526, in Indian River County, Florida; and
WHEREAS, on June 9, 2015, the parties entered into a County Incentive Grant Program Locally
Funded Agreement (Agreement) wherein the County agreed to provide financial assistance for the right-of-
way appraisal, consultant, acquisition and relocation services of various parcels needed for the project; and
WHEREAS, the Parties desire to amend that Agreement to reflect an increase in the cost of
acquisition of right-of-way and to add environmental services (FM Number 431759-1-C2-10) to the
contract; and
WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County
execute and deliver to the State of Florida, Department of Transportation, Amendment Number One of a
County Incentive Grant Program Locally Funded Agreement for the Project.
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 Number One of a County
Incentive Grant Program Locally Funded Agreement for the Project.
The foregoing resolution was offered by Commissioner F1 ecrh"r who moved its adoption.
The motion was seconded by Commissioner Z<�rc and, upon being put to a vote, the vote was
as follows:
Chairman Peter D. O'Bryan AYE
Vice -Chairman Bob Solari ABSENT
Commissioner Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
••'�pUi11 TV
Go
The Chairman thereupon declared the resolution passed and adopted thiA t d fAj�h�;2018.
BOARD OF COUNTY COMMISSSIfERS 1
OF I RIVER COUNT', F ORFL)A �c
By •tr rY,, fI.OF�\��.
Peter D. O Bryan, Chairman
Attest: Jeffrey R. Smith, Clerk of Court Approved as to Form and Legal Sufficiency
and Comptroll r
t
By: William K. DeBraal, Deputy County Attorney
eputy Clerk
F:\Public Works\ENGINEER ING DIVISION PROJECTS\0853-43rd AVE 18th ST to 26th ST (Arcadis)\1-Admin\Agenda Items\FDOT CIGP AMENDMENT NO. 1\Resolution
Revised.doc