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Home My WebLink About2019-085DUNS No.: CSFA No.: 80-939-7102 55.009 Contract No.: G -0K60 FM No: 431759-2-54-01 Vendor No: VF 596-000-674 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY COUNTY INCENTIVE GRANT PROGRAM (CIGP) AGREEMENT AMENDMENT NUMBER ONE THIS Amendment, made and entered into this 12.;+' day of runp, , 20 19 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, Bldg A, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on March 20, 2017 the parties entered into a County Incentive Grant Program Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide certain improvements in connection with Financial Management (FM) No. 431759-2-54-01 for the construction and construction engineering inspection (CEI) Services for intersection improvements at SR -60 & 43RD Avenue in Indian River County, Florida 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 County Incentive Grant Program Agreement dated March 20, 2017 as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. 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 December 30, 2020, whichever occurs first. 3. This Amendment also increases the total funding needed for the construction and CEI services of the Project by FIVE MILLION EIGHT HUNDRED EIGHTY THOUSAND SIX HUNDRED THIRTY SIX DOLLARS AND NO CENTS ($5,880,636.00). The funding is being increased as a result of an increase in the construction cost estimate for the SR -60 and 43rd project. As a result, Paragraph 4A of the Agreement is amended to read as follows: 1 of 3 The COUNTY agrees to provide one-half ('/2) of the cost of the Project expenditures and the DEPARTMENT agrees to provide the other one-half (1/2) pursuant to Florida Statutes 339.2817. The estimated Project cost is THIRTEEN MILLION ONE HUNDRED SEVENTY ONE THOUSAND SEVEN HUNDRED EIGHTY TWO DOLLARS AND NO CENTS ($13,171,782.00). The parties further agree that the DEPARTMENT'S maximum participation is SIX MILLION FIVE HUNDRED EIGHTY FIVE THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS AND NO CENTS ($6,585,891.00) and all remaining costs of the Project will be borne by the COUNTY. However, in the event the total Project cost is less than the amount stated above, the DEPARTMENT shall only pay 50% of the lesser amount and all remaining costs of the Project will be paid by the COUNTY. FM No. 431759-2-54-01 � FY 16/17 (Original Agreement) FY 17/18 (Funds Authorization) FY 18/19 (Amendment No. 1) Total Amount Department's Share $845,948.00 $2,799,625.00 $2,940,318.00 $6,585,891.00 County's Share $845,948.00 $2,799,625.00 $2,940,318.00 $6,585,891.00 Total $1,691,896.00 $5,599,250.00 $5,880,636.00 $13,171,782.00 All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered on March 20, 2017, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. THIS SPACE INTENTIONALLY LEFT BLANK 2 of 3 IN WITNESS WHEREOF, this AMENDMENT is executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Amendment by Resolution No. 2019-038 , hereto attached. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY (Name of RECIPIENT) BY: <at -4 P•e__P TITLE: CHAIRMAN :�,: f▪ ;kTITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: BOB SOLARI :I -7:D • :Print Name: STACY L. MILLER, P.E •:'. Date: 6-- / 9t `:,, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: 514, ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller By. L.REE.✓ G. -Deputy Clerk OFFICE OF THE GENERAL COUNSEL APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 3 of 3 jTo:Ieos.kennedy@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G0K60 6/6/2019 CONTRACT INFORMATION Contract: Supplemental GOK60 Contract Type: . Organization Code: ' '+ GD - GRANT DISBURSEMENT (GRANT) Method of Procurement: AC G - GOVERMENTAL AGENCY (287.057,F.S.) Vendor Name: Amount: INDIAN RIVER COUNTY BOARD OF CO Vendor ID: 43175925401 F596000674016 Beginning Date of This Agreement: CFDA: 03/20/2017 rEnding Date of This Agreement: --, • 12/30/2019 Contract Total/Budgetary Ceiling: Category/Category Year: ct = $6,585,891.00 Description: ., S001 Construction and CEI Services for intersection improvementsat SR -60 & 43rd Avenue FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON6/6/2019 Action: Supplemental Reviewed or Approved: APPROVED Organization Code: ' '+ 55043010404 Expansion Option: .. AC Object Code: • . '"' 751000 Amount: $2,940,318.00 Financial Project: 43175925401 Work Activity (FCT): 215 CFDA: Fiscal•Year: 2019 Budget Entity: ' 55150200 Category/Category Year: 088572/19 Amendment ID: S001 Sequence: • 00 User Assigned ID: 1 Enc Line (6s)/Status: 0003/04 Total Amount: $2,940,318.00 Pagel of 1 RESOLUTION NO. 2019- 038 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 ONE TO COUNTY INCENTIVE GRANT PROGRAM AGREEMENT FM NUMBER 431759-2-54-01 FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION SERVICES FOR INTERSECTION IMPROVEMENTS AT STATE ROAD 60 AND 43RD AVENUE. WHEREAS, the intersection improvements at SR -60 and 43rd Avenue are an Indian River County priority project; and WHEREAS, on March 20, 2017, the Florida Department of Transportation (FDOT) and Indian River County entered into a County Incentive Grant Program (CIGP) Agreement FM 431759-2-54-01 wherein the FDOT is prepared to provide funds to share the cost for the construction and construction engineering inspection (CEI) services for the intersection improvements at SR -60 and 43rd Avenue; and WHEREAS, the Parties desire to amend that Agreement to reflect an increase in the amount of the total funding by $5,880,636.00 and a time extension of one year; 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 to CIGP Agreement FM No. 431759-2-54-01 for the aforementioned 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 to CIGP Agreement FM 431759-2-54-01 for the project. The foregoing resolution was offered by Commissioner Flescher who moved its adoption. The motion was seconded by Commissioner Zorc and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc AYE AYE AYE AYE AYE The Chairman thereupon declared the resolution passed and adopted this 2019. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 4th BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman Approved as to Form and Legal Suffis%j' l�l W DeBraal, Deputy County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\0853-43rd AVE 18th ST to 26th ST (Arcadis)\1-Admin\Agenda Items\FDOT CIGP AMEND 1 6-4-19 \IRC- 0853_RESOL_20190604.doc 1 RON DESANTIS GOVERNOR FDOT Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 Mr. Richard Szpyrka Indian River County Public Works Department 1801 27th Street Vero Beach, Florida 32960 June 13, 2019 D rit 1 -Juts 9 1 -ort PUBLIC WORKS DEPT. Contract No. G -0K60, Amendment No. 1 RE: County Incentive Grant Program Agreement FM #: 431759-2-54-01 Description: Construction and CEI services for intersection improvements at SR -60 and 43rd Avenue Dear Mr. Szpyrka: Enclosed please find a copy of a fully executed County Incentive Grant Program Agreement Amendment for the above referenced project. Also included is a copy of the Resolution No. 2019-038, in which the CIGP amendment referenced above was approved. Said documents are to be retained for your records. If you have any questions, please do not hesitate to contact me. I can be reached at (954) 777-2285. lk/s enc: CIGP Amendment copy: District Budget Donovan Pessoa, Project Manager Mark Madgar, Work Program Manager File Sincerely, eos A. Kennedy, Jr. Program Management Unit District Four