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HomeMy WebLinkAbout2006-344 Contract No : ANX-78 3 7/ / / STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AMENDMENT NO . TWO THIS AMENDMENT made and entered into this day of 2006, by and between the STATE OF FLORIDA DEPARTMENT O TRANSPORTATION, an agency of the State of Florida , with offices at 3400 West Commercial Blvd . , Fort Lauderdale , Florida , hereinafter referred to as the DEPARTMENT, and INDIAN RIVER COUNTY, State of Florida , located at 1840 25`h STREET, VERO BEACH, FLORIDA, 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS , on March 7, 2005 , the parties entered into a JOINT PARTICIPATION AGREEMENT, hereinafter referred to as AGREEMENT, wherein the DEPARTMENT allocated funds towards the repair of County Roads in accordance with the Executive Order 04-217, dated September 24 , 2004 for Hurricane Jeanne and President Bush 's subsequent Disaster Declaration, dated September 26, 2004, under the Robert T. Stafford Disaster Emergency Act, to provide for the reimbursement of FHWA eligible costs of Financial Project Number(s) listed in Exhibit " B" of the original AGREEMENT. All FHWA non-participating costs shall be borne by the County; and , WHEREAS , the repairs of these FHWA functionally classified county road (s) damaged by Hurricane Jeanne are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical , expeditious and economical for the COUNTY to perform such activities ; and WHEREAS , the COUNTY by Resolution No. 2005-018 adopted on February 15. 2005 a copy of which was attached to the AGREEMENT, authorizes the proper officials to enter into the subject AGREEMENT; and WHEREAS , the Agreement was amended on June 21 , 2006 (hereinafter referred to as Amendment No. 1 ); and WHEREAS , the parties further desire to amend the AGREEMENT for the purpose of redistribution and or providing additional funding to the Detail Damage Inspection Reports (DDIRs) addressed in the AGREEMENT. NOW , THEREFORE , in consideration of the mutual covenants , promises , and representations herein , the parties agree to further amend the AGREEMENT as follows : 1 . The recitals set forth above are true and correct and are deemed incorporated herein . 2 . Exhibit "B" of Amendment No. 1 shall be amended with Exhibit " B" of this Amendment No. 2, which is attached hereto and made part hereof. 3. Exhibit "B" of this Amendment adds Financial Project ID 41758337201 (Shuman Drive) with a total dollar value of $28 ,403 . 91 . 1 4. Exhibit "B" of this Amendment reallocates the contract funding as follows : Financial Project ID 41758337801 is increased by $ 149 , 012 . 00, 41758337804 is increased by $246 , 118 .47 and Financial Project ID 41758337201 is increased by $28,403 . 91 . This Amendment also decreases Financial Project ID 41758327801 by $ 145, 012 . 00, Financial Project ID 41758337803 is decreased by $246 , 118.47, Financial Project ID 41758327804 is decreased by $28, 403 . 91 and 41758337810 is decreased by $4, 000 . 5. This amendment clarifies Exhibit B of amendment No . 1 to reflect the following : $989 , 115 . 08 was unencumbered from Financial Management No. 41758337804 instead of 1 ,000 , 000. 00 and Financial Management No. 41758337805 was reduced by $ 1 , 110 ,884 . 92 instead of $ 1 , 100,000 . 00. 6 . It was the intent of the original agreement to pay for costs related response and recovery of Hurricane Jeanne ; therefore eligible costs incurred prior to the execution of the agreement are reimbursable . All provisions, covenants , terms and conditions of the AGREEMENT between the parties theretofore entered into of March 7. 2005: and previously amended onJune21 , 2006 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 , the parties hereto have executed this Amendment on the date first above written . ST. INDIAN RIVER CONTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: CHAIRPERSON R IELY QUIROZ Artho R . Neuberger erector of Transportation Support BCC Apprbved October 3 , 2006 ATTEST : APPROVED : (As to Form) Jeffrey R . Barton , Clerk of Circuit Court BY: Clerk of the Court SEAL) Distri er 1 d`unse Approved as to form and legal APPROVED : sufficien BY: i BY: Marian, Fell , Assistant County Attorney ! _ Prole nal Services Administrator 2 Amend No. 2 Exhibit B CONTRACT # ANX78 Indian River County LOCATION FM NUMBER Original Amount Amend No. 1 Amend No. 2 AMOUNT Signals- County Force- State Road 41758327801 $7,200.00 472,758 .78 $( 145,012.00) $334,946. 78 Signals- County Force- non State Road 41758337801 $717,000.00 S(545 ,448 .23 ) $ 149,012 .00 $320,563 . 77 Signals- County Contracts- State Road 41758327802 $ 1000.00 $ 103000.00 Signals- County Contract-non State Road 41758337802 $99000.00 $(466,439.05) $523 ,560.95 Signs- Contracts- State Road 41758327803 $25,000.00 $25 ,000.00 Si s- Contract-non State Road 41758337803 $9757000.00 $(600,000.00) S(246, 118 .47) $ 128,881 . 53 Signs- County Force- State Road 41758327804 $60,000.00 $ 28,403 .91 $319596.09 Signs- County Force- non State Road 41758337804 $ 11050,000.00 $(9899115 .08) $246, 118.47 $3079003 . 39 Roadway Washout & Repair Force 41771717801 $ 11000.00 $(80,000.00) - $309000.00 Account Debris — Contracts State Roads 41758327805 $2129000.00 $ 150,000.00 - $629000.00 Debris — Contracts non State Roads 41758337805 $2,270,000.00 $ 1 , 110,884.92 - $ 131599115 .08 Debris — Force Account State Roads 41758327806 $79121 .35 - - $7, 121 .35 Debris — Force Account non State Roads 41758337806 $ 159885 .28 - $ 15 ,885 .28 Highland Dr. Blocked culvert — Force 41758337807 $2,267.74 - - $2,267.74 Hihland Dr. Blocked culvert - Contract 41758337808 $ 150,000.00 - $ 150,000.00 20 Ave. from 12 to SR60 Washout 41831917801 $ 15 ,000.00 $ 151000.00 shoulder repair 4ni Street (11 ` Ct. to 11 Ave.) Washout and shoulder repair 41758337809 $8,000.00 $81000.00 12q St. (cast of27 inVero Bch Elem. & at 41758337810 $40,000.00 - $(4,000.00) $36,000.00 21 Ct. to 20thAve. washout repair 66` Ave. South of SR 60 washout repair 41758337811 $69000.00 - $6,000.00 77 ' St. east and west of 66 Ave. 41758337812 $6,000.00 $6,000.00 16 St. at 71s Court culver exposed 41758337813 $55500.00 $5 ,500.00 12 Ave. at 82" Ave. washout repair 41758337814 $5,000.00 $5 ,000.00 66 Ave. at Oslo Road, washout repair 41758337815 $5,000.00 $59000.00 Shuman Drive 41758337201 $28,403 .91 $28,403 .91 TOTAL $6,6919974.37 $(39469, 128.50) $0 $3,222,845.87 Please Note : Only $989, 115 . 08 was unencumbered from FM# 41758327804 and Financial Management No 41758337805 was reduced by $ 1 , 110,884.92 on Amendment No . 1 3 Y _ . Michael Luce o /D4/FDOT To Darryl Wright/D41FDOT@FDOT, Yanique 10116/2006 02:58 PM Hopkins/D4/F DOT@FDOT, Antonette P Adams/D4/FDOT@FDOT, Alicia Sumpter/D4/FDOT@FDOT, cc bcc Subject Fw: FUNDS APPROVAUREVIEWED FOR CONTRACT ANX78 ----- Forwarded by Michael Lucero/D4/FDOT on 10/16/2006 02 :58 PM ----- The job FI989RPR ; user I . D. - '' F1989RP <MVS@DOT> To WP413ML@dot.state .fl . us 10/16/2006 02 :55 PM cc Subject FUNDS APPROVAUREVIEWED FOR CONTRACT ANX78 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract 4ANX78 Contract Type : AK Method of Procurement : G Vendor Name : INDIAN RIVER COU Vendor TD : VF596000673026 Beginning date of this Agmt : 03 / 07 / 05 Ending date of this Agmt : 11 / 22 / 06 Contract Total / Budgetary Ceiling : ct = $ 3 , 252 , 845 . 87 x • xxxxxxxxxxxxxxxx * * xxxxxxxxxxxxxxxxx * :rx * * * xxxxxxxxxxx * * x * * xxxxxxxxxxxxx Description : Emergency SPA - Jeanne * * . xxxx * x * x * * x * x * xxxxxxxxxxxx :r * * + * * x * xxxxxxxxxxxx * * * * * xxxxxxxxxxxxx * xxx * ORG - CODE * EO * OBJECT *AMOUNT ` FIN PROJECT * FCT * CFDA ( FISCAL YEAR ) * BUDGET ENTITY * CATEGORY / CAT YEAR AMENDMENT ID * SEQ . * USER ASSIGNED ID * ENC LINE ( 6S ) / STATUS + xxxxx * x + x * xxxxxxxxxxxxx < ,r * :r + :ex + + + x * + x + xx * xx * * * x * * + ,ex * x :exxxxxxx * x * * * * * * + Action : SUPPLEMENTAL Funds have been : APPROVED 55 044020489 * JH * 242000 * 149012 . 00 * 41758337801 * 703 2005 * 55150200 * 089948 / 05 5002 * 04 2 * 0025 / 04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Action : SUPPLEMENTAL Funds have been : APPROVED 55 044020489 * JH * 242000 * 28403 . 91 * 41758337201 * 703 2005 * 55150200 * 089948 / 05 5002 * 06 2 * 0026 / 04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Action : SUPPLEMENTAL Funds have been : APPROVED 55 044020489 * JH * 242000 - 28403 . 91 * 41758327804 * 703 2005 * 55150200 * 089948 / 05 5002 * 02 2 * 0004 / 04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Action : SUPPLEMENTAL Funds have been : APPROVED 55 044020489 * JH * 242000 - 246118 . 47 * 41758337803 * 703 2005 * 55150200 * 089948 / 05 5002 * 01 2 * 0009 / 04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Action : SUPPLEMENTAL Funds have been : APPROVED 55 044020489 * JH * 242000 - 4000 . 00 * 41758337810 * 703 2005 * 55150200 * 089948 / 05 5002 * 03 2 * 0016 / 04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Action : SUPPLEMENTAL Funds have been : APPROVED 55 044020489 * JH * 242000 - 145012 . 00 * 41758327801 * 703 2005 * 55150200 * 089948 / 05 5002 * 00 2 * 0024 / 04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TOTAL AMOUNT : * $ - 2460118 . 47 * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FUNDS APPROVED / REVIEWED FOR ROBIN M . NAITOVE , CPA , COMPTROLLER DATE : 10 / 16 / 2006 MENOMINEE Michael, Lucero /D4/FD0T To Darryl Wright/D4/FDOT@FDOT, Yanique Hopkins/D4/FDOT@FDOT, Antonette P 10l17i2006 032& PM Adams/D4/FDOT@FDOT, Alicia Sumpter/D4IFD0T@FD0T, cc bcc Subject Fw: FUNDS APPROVAUREVIEWED FOR CONTRACT ANX78 ----- Forwarded by Michael Lucero/D4/FDOT on 10/17/2006 03 :25 PM ----- The job Fl989NDR; user I . D. F1989ND <MVS@DOT> To WP413ML@dot.state .fl . us 10/17/2006 03 :21 PM cc Subject FUNDS APPROVAUREVIEWED FOR CONTRACT ANX78 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #ANX78 Contract Type : Method of Procurement : Vendor Name : INDIAN RIVER COU Vendor ID : VF596000673026 Beginning date of this Agmt : 03 / 07 / 05 Ending date of this Agmt : 11 / 22 / 06 ORG - CODE * EO * OBJECT *AMOUNT * FIN PROJECT * FCT * CFDA ( FISCAL YEAR ) * BUDGET ENTITY * CATEGORY / CAT YEAR AMENDMENT ID * SEQ . * USER ASSIGNED ID * ENC LINE ( 6S ) / STATUS Action : SUPPLEMENTAL Funds have been : APPROVED 55 044020489 * JH * 242000 * 246118 . 47 * 41758337804 * 703 2005 * 55150200 * 089948 / 05 5002 * 05 * 2 * 0027 / 04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TOTAL AMOUNT : * $ 246 , 118 . 47 * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FUNDS APPROVED / REVIEWED FOR ROBIN M . NAITOVE , CPA , COMPTROLLER DATE : 10 / 17 / 2006 �t STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 350-02606 CONTRACT STATUS CHANGE/CHECKLIST COMPTROLLER 0W02 Pagel of 3 STATE COMPTROLLER USE: Info. Provider: Darryl Wright Received date: Return to: Karen Maxon Approved date: Mail Station : Financial services Approved by: Suncom # of Info Provider: CONTRACT NUMBER: ANX-78 SITE/DISTRICT Total Executed Contract Amount: $ 3 ,222,845.87 I $ 0.00 To date This action Status Code (choose one) ❑ 10 = Executed Contract ❑ 4X or 6X = Audit Status (Indicate Year) ❑ 20 = In Claims ❑ 99 = Post Design Service ❑ 50 = Complete/ Terminated Contract ❑ Original Contract ❑ Amendment (Indicate #) 2 ❑ Renewal ❑ Addition (Indicate #) ❑ Award ❑ Supplemental (Indicate #) ❑ Letter of Authorization (Indicate #) ❑ Time Extension ❑ Close Contract ❑ Other Changes (must include comments) LETTING DATE : AWARD DATE : DATE OF CONTRACT EXECUTION (Last Signed Date) : If last date signed > contract start date you must submit emergency certification (287 .059 F.S. (2) 1 ) or Certificate of noncompliance (287 .059 F.S. (2)) or settlement document (CM4(87-88) or CM11 (91 -92)). CONTRACT BEGINNING DATE: 3/7/2005 ENDING DATE: 11 /22/2006 SERVICES BEGINNING DATE : SERVICES ENDING DATE: 11 /22/2006 VENDOR NAME: Indian River County VENDOR NUMBER (FEID/SS): VF596000673026 PROJECT NUMBER: PROJECT NUMBER: PROJECT NUMBER: PROJECT NUMBER: CAN THIS CONTRACT BE RENEWED? Q YES @I NO SERVICE TYPE: PAGE NUMBER RENEWAL CLAUSE IN CONTRACT: Comments: Certification Statement: I certify that the above information is correct and a true reflection of information contained in the above referenced contract. Approved by: (Printed or typed) KAREN MAXON Title: BUDGET COORDINATOR Approval Signature: Approval Date: c C2 Contract No: ANW-75 Amend-02 8-21 -06 aoo � — 3s�� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AMENDMENT NO. TWO THIS AMENDMENT made and entered into this 3rd day of October 2006 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , an agency of the State of Florida , with offices at 3400 West Commercial Blvd . , Fort Lauderdale, Florida, hereinafter referred to as the DEPARTMENT, and INDIAN RIVER COUNTY, State of Florida , located at 1840 2e STREET, VERO BEACH , FLORIDA, 329609 hereinafter called the COUNTY. WITNESSETH WHEREAS , on March 4 , 2005, the parties entered into a JOINT PARTICIPATION AGREEMENT, hereinafter referred to as AGREEMENT, wherein the DEPARTMENT allocated funds towards the repair of County Roads in accordance with the Executive Order 04- 192 , dated September 1 , 2004 for Hurricane Frances and President Bush's subsequent Disaster Declaration, dated September 61 2004, under the Robert T. ide for the reimbursement of FHWA eligible costs of Financial Stafford Disaster Emergency Act, to prov the original AGREEMENT. All FHWA non-participating costs Project Number(s) listed in Exhibit " B" of shall be borne by the County; and , WHEREAS, the repairs of these FHWA functionally classified county road (s) damaged by Hurricane Frances are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical , expeditious and economical for the COUNTY to perform such activities ; and WHEREAS , the COUNTY by Resolution No. 2005-017 adopted on February 15. 2005 a copy of which was attached to the AGREEMENT, authorizes the proper officials to enter into the subject AGREEMENT; and WHEREAS , the Agreement was amended on June 21 . 2006 (hereinafter referred to as Amendment No . 1 . ) WHEREAS, the parties further desire to amend the AGREEMENT for the purpose of redistribution and or Damage Inspection Reports (DDIRs) addressed in the original providing additional funding to the Detail AGREEMENT. NOW , THEREFORE, in consideration of the mutual covenants , promises , and representations herein , the parties agree to further amend the AGREEMENT as follows : 1 . The recitals set forth above are true and correct and are deemed incorporated herein. 2 . Exhibit "B" of Amendment No . 1 shall be amended with Exhibit "B" of this Amendment No . 2, which is attached hereto and made part hereof. 3 . As set forth on Exhibit B, the contract total amount is increased by $716, 199 .20 . Financial Project ID 41728637803 is increased by $20,000.00, Financial Project ID 41728637804 is increased by $335 ,000.00, Financial Project ID 41728637808 is increased by $ 110,000.00, Financial ID 1 f 41728637807 is increased by $665 , 199.20 and Financial ID 41728627803 is increased by 5399000.00. 4. This Amendment also decreased Financial Project ID Numbers : 41728637806 is decreased by 535 ,000.00, Financial ID 41728627805 is decreased by 518 ,000.00 and 41728627807 is decreased by $400,000. 00. 5 . It was the intent of the Agreement to pay for costs related response and recovery of Hurricane Frances; therefore eligible costs incurred prior to the execution of the Agreement are reimbursable. All provisions, covenants , terms and conditions of the AGREEMENT between the parties theretofore entered into of March 4, 2005: and previously amended on June 21 , 2006 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 , the parties hereto have executed this Amendment on the date first above written INDIAN RIVER COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: CHAIRPERSON ROSIELYN QUIROZ Arthur R . Neuberger Director of Transportation Support BCC Approved : October 3 , 2006 ATTEST: APPROVED : (As to Form) Jeffrey R . Barton , Clerk of Circuit nCourt Clerk of the Court (SEA ) District General Counsel Approved as to form and legal APPROVED : sufficiency : BY: / BY: Mari E . Fell , Assistant County Attorney Professional Services Administrator , Amend No . 2 2 EXHIBIT B CONTRACT # ANW75 INDIAN RIVER COUNTY LOCATION FM NUMBER Original Amount Amend No. 1 Amend No. 2 TOTAL Signals - County Force Account - fed aid non SR 41728637803 $ 720,000.00 $ 500 ,000.00 $ 20,000 .00 $240,000.00 Signals - County Contracts- Sr 41728627804 $ 10,000 .00 $ - $ - $10,000.00 Signals - County Contracts- fed aid non SR 41728637804 $ 590,000.00 $ 500,000 .00 $ 335,000. 00 $425000.00 Washout- Ocean Drive 41728637808 $ 6009000.00 $ $ 110,000 .00 $710,000.00 Signs - Indian River County - Force Account State 41728627805 $ 20,000 .00 $ $ 18,000.00 $2,000.00 Signs - Indian River County - Force Account - Off State FA 41728637805 $ 283,400.00 $ $ $283,400.00 Debris - Indian River County - Force Account - State 41728627806 $ 51000.00 $ $ $59000.00 Debris - Indian River County - Force Account - non State FA 41728637806 $ 409723. 89 $ $ 35,000 .00 $59723.89 Debris - Indian River County - Contracts SR 41728627807 $ 562, 537 .00 $ $ 400, 000.00 $162,537.00 Debris - Indian River County - Contracts Fed Aid - non State 41728637807 $ 11751 ,390 .00 $ 500 ,000.00 $ 665, 199 .20 5199167589.20 Signals- Indian River County- Force Account SR 41728627803 1 $ 91000 .00 1 $ $ 39, 000.00 $48,000. 00 TOTAL $ 4,592,050.89 $( 115001000. 00) $ 7169199.20 1 $3,808,250.09 3