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Agenda 05/26/2009 Item #16B 2 Agenda Item No. 1682 May 26, 2009 Page 1 of 26 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize its Chairman to sign a Resolution, Two Separate Memorandums of Agreement pertaining to establishing an escrow account to deposit funds pertaining to the relocation of utilities and installation of an Intelligent Traffic System in connection with the Florida Department of Transportation's ("FDOT") improvements to I-7SlImmokalee Road Interchange that includes required modifications to Immokalee Road, county project 66042, allowing for an 8-lane section from the Strand Blvd east through the interchange to Tarpon Bay Blvd (the "Road Project"), and a Locally Funded Agreement and a Second Amendment to that Locally Funded Agreement executed on March 20, 2007, all pertaining to the Road Project. - OBJECTIVE: That the Board of County Commissioners approve and authorize its Chairman to sign a Resolution, Two Separate Memorandums of Agreement pertaining to establishing an escrow account to deposit funds pertaining to the relocation of utilities and installation of an Intelligent Traffic System in connection with the Florida Department of Transportation's ("FDOT") improvements to I-75/lmmokalee Road Interchange that includes required modifications to Immokalee Road allowing for an 8-lane section from the Strand Blvd east through the interchange to Tarpon Bay Blvd (the "Road Project"), and a Locally Funded Agreement and a Second Amendment to that Locally Funded Agreement executed by the Board on March 20,2007, all pertaining to the Road Project. CONSIDERATION: The Florida Department of Transportation (FDOT) has authorized additional work, estimated at over $2,000,000, to be included in its 1-75 designlbuild (IROX) project at the Immokalee/I-75 Interchange. The Collier County Metropolitan Planning Organization (MPO) has endorsed this project. The funds for construction were committed by FDOT at the Lee-Collier Joint MPO Meeting held on October 17, 2008, with the understanding that Collier County would acquire any necessary right-of-way and provide for utility relocations. FDOT has agreed to enter into agreements with Collier County such that if Collier County provides the ROW needed and the funding specific to the additional services for the utilities relocation and the installation of an Intelligent Traffic System ("ITS") FDOT will perform all design and construction for the additional capacity on Immokalee Road from the Strand to Tarpon Bay Blvd. ,,~. Presented to the Board for review are two (2) separate Memorandums of Agreement, a Locally Funded Agreement, and a Second Amendment to a Locally Funded Agreement originally executed by the County and FDOT on March 20, 2007. One of the Memorandums of Agreement pertains to the establishment of an escrow account to deposit advance funds relating to the payment of $352,746.00 by the County for the cost to relocate utilities for the Road Project. The second Memorandum of Agreement pertains to the establishment of an escrow account to deposit advance funds in the amount of $117,254.00 as payment for the installation of an ITS on the Road Project. The attached Locally Funded Agreement memorializes the terms and obligations of the parties with respect to the utility relocation work to be performed by FOOT. The attached Second Amendment to Locally Funding Agreement, amends the March 20, 2007, LF A between the parties to include a requirement that the County make a lump sum payment of Agenda Item No. 1682 May 26, 2009 Page 2 of 26 $117,254.00 as payment in full for the cost of the ITS installation. Finally, a Resolution is also provided for the Board's consideration to acknowledge approval of all the aforementioned agreements and authorizes the Chairman to sign them. The approval of the attached documents will enable Collier County to fulfill its commitments as outlined in the agreements and allow FDOT to proceed with the necessary improvements on the Road Project without disruption to the already planned improvements. FISCAL IMP ACT: Staff estimates that the fiscal impact associated with this Executive Summary shall be limited to $470,000. Funds are to be paid out of gas tax located in project 66042. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action.-SRT GROWTH MANAGEMENT IMPACT: The requested change to Immokalee Road IS consistent with Growth Management objectives and produces no negative impact. RECOMMENDATION: That the Board of County Commissioners (Bee) approves and authorizes the Chairman to sign the Memorandums of Agreement, the Locally Funded Agreement pertaining to the relocation of utilities on the Road Project, the Second Amendment to Locally Funded Agreement pertaining to the installation of an ITS on the Road Project, and a Resolution memorializing the Board's approval of those agreements and authorizing its Chairman to sign on its behalf. Prepared By: Nick Casalanguida, Transportation Planning Director Attachments: 1) MOA-Utilities; 2) MOA-ITS; 3) Exhibit A; 4) Exhibit B; 5) Resolution; 6) LFA-Utilities; 7) Second Amendmentto LFA-ITS; 8) Original LFA-ITS; 9) 1st Amendment to LFA-ITS - Item Number: Item Summary: Meeting Date: Page 10f2 Agenda Item No. 1682 May 26, 2009 Page 3 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B2 Recommendation that the Board of County Commissioners approves and authorize its Chairman to sign a Resolution, Two Separate Memorandums of Agreement pertaining to establishing an escrow account to deposit funds pertaining to the relocation of utilities and installation of an Intelligent Traffic System in connection with the Florida Department of Transportations (FOOT) improvements to 1-75/lmmokalee Road Interchange that includes required modifications to Immokalee Road, county project 66042, allowing for an 8-lane section from the Strand Blvd east through the interchange to Tarpon Bay Blvd (the Road Project), and a Locally Funded Agreement and a Second Amendment to that Locally Funded Agreement executed on March 20, 2007, all pertaining to the Road Project. 5/26/2009 900:00 AM Prepared By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 5/15/2009 10:52:51 AM Approved By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 5/18/2009 7:42 AM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 5/18/20098:48 AM Approved By ScottR. Teach County Attorney Assistant County Attorney County Attorney Office Date 5/18/200910:56 AM Approved By Therese Stanley Transportation Grants Coordinator Date Transportation Administration 5/18/200910:56 AM Approved By Michael Greene Transportation Services Project Manager Transportation Engineering & Construction Management Date 5/18/2009 11 :00 AM Approved By Lisa Taylor Transportation Services Management/Budget Analyst Date Transportation Administration 5/18/2009 11 :28 AM Approved By Gloria Herrera Transportation Services Management/Budget Analyst Stormwater Management Date 5/18/2009 1 :22 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 5/18/20091 :29 PM file://C:\AgendaTest\Export\130-May%2026,%202009\ 16.%20CONSENT%20AGENDA \1... 5/20/2009 Page 20f2 Agenda Item No. 1682 May 26, 2009 Page 4 of 26 Approved By Pat Lehnhard Executive Secretary Transportation Services Admin Date Transportation Services 5/1 B/2009 2:55 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 5/1 B12009 2:59 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 5/1 B12009 6 :3B PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 5/19/20095:22 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/19/2009 6:3B PM file://C:\AgendaTest\Export\ I30-May%2026, %202009\I6.%20CONSENT%20AGENDA \ 1... 5/20/2009 N 0)(0 roON ,"~O.... NO ceil.{) LNW EiU'~ 2~(L CO Ll C W Q) <( ""',',' 4,:)J.,?J' '!Ill" ,',"', "," ',., ' '. '..,' ~. " ~. . ,~.Jr~ f;p.rt: .....r en Q) c: ~ Q) Ol ca .... o -- en ca ;:, u L.() l"- I Q) c: ~ Q) Ol ca .... o - en e. E ca .... I c: o L.() l"- I co z o - co C/) o - co CO W W "'- "'- o 0 c: c: o 0 '00 . 00 c: c: 2 Q) Jj ;E ee Q) C> c: CO ..c: u I- Q) -+oJ c: -+oJ CIJ Q) ~ ::: ~ J- - CO - :c >< w - Q) Q) .c t/) .... .E I- o o LL >. .0 u Q) en 'S; Q) .... Q) iU u t/) Q) .... Q) 3: en Ol c: ';:: ca .... u 0) en 0) ..c:: I- CO o o N -<i >- o Z u 0) - ca u en Ol c: ';:: ca .... u ..- o , N 10 . 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"0 a. c: E I- ro c:>. .... .... a o c: ~ ::J ctl 0::: "'00 - .... - I I 0) (/) .... ~ c: CO a.> .E ..92 0 (/) 0) a.> ctl (/) I.!) - .00 Q) CO f'.. I ro a. c: Z I ~ 0) .... ctl a .... ::J 0 co >< E ctlo. c: - .... co z E (/) c: ::J W -0 - w 0 C:._ , - 0)- +-' ctl +-' E ~ .c co ro C) ..... ~ 0) en 'c 0 (f) > ::J +-' 0) c: 0) c 0= 0 .... .- .:::: > a.> a.- (/) '00 '00 E E ~ ::J c: ::J 0) a.> -- u +-' U > a. x x x a w 0) w w UJ '- I- u eee a.. 0 c: 0 E z u Agenda Item No. 1682 May 26, 2009 pagel rj.{-6 FM NO. 420655 1 5201 U f- COLLIER COUNTY LOCALLY FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLUER COUNTY FOR 1-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVMENT This is an Agreement between the STATE OF FLORIDA DEPA~TMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT" and COLLIER COUNTY, hereinafter referred to as the "COUNTY" WITNESSETH 1. WHEREAS, the DEPARTMENT has included in its Five Year Work Program the 1-75 @ lmmokalee Overpass Interchange Improvement under FM No. 420655 1 52 01 in Fiscal Year 200612007, hereinafter referred to as the "PROJECT"; and 2, . WHEREAS, the COUNTY, by Resolution No. dn' 1?6 dated the ~ day of May. 2006, a copy of which is attached hereto and made a part hereof, bas authorized the Chairman of its Board of Commissioners or designee to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows; 1. PROJECT FUNDING TERMS a. The COUNTY agrees to a non-refimdable lump sum payment to the Department in the amount of SIXTEEN MILLION FIVE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($16,521,450.00) as full payment for the cost of the 1-75 @ Immokalee Overpass Interchange Improvement project FM No. (420655 1 5201). b. The sum listed in paragraph 1.a above is to be deposited into an interest bearing escrow account in the name of the Florida Department of Transportation with the Department of Financial Services, Division of Treasury and in accordance with the terms and conditions of the Memorandum of Agreement (hereinafter, "MOA") executed by the DEPARTMENT, the COUNTY and the Department of Financial Services. The MOA is i~corporated into and made part of this Agreement. c. Interest from the account shan be left in tbe account to cover future funding needs for completion of the PROJECT. d. If the PROJECT is terminated by the DEPARTMENT with no fault by the COUNTY, the DEPARTMENT shall return to the COUNTY all the unexpended funds. e. Upon execution of this Agreement by the DEPARTMENT in July 2006, this non-refundable payment shall be deposited by the COUNTY. Agenda Item No. 1682 May 26, 2009 . Page 8 of 26 FM NO. 420655 1 S2 01 0 F COLLIER COUNT+ Page 2 of 4 f. All deposits shall be made to the Department of Financial. Services, Revenue Processing and mailed to the Florida Department of Transportation for processing as follows: Florida Department of Transportation Office of the ComptroJler A TIN: LF A Section 605 Suwannee Street Mail Station 42B Tallahassee, FL 32399 g. Failure of the COUNTY to deposit said amount within the time framf'specified above shall be grounds for termination of this Agreement. 2. AU cost records and accounts may be subject to audit by a representative of the COUNTY within three (3) years after final closeout of the project. lf the actual cost of the project is less than the fur;lds provided the excess will be applied to the overall project. No separate records will.be kept by the DEPARTMENT. 3. The DEPARTMENT agrees to provide project schedule progress reports to the COUNTY in the standard format used by the DEPARTMENT and at intervals estabJished by the DEPARTMENT. The COUNTY will be entitled at aU times to be advised, at its request, as to the status of work being done by the DEPARTMENT and of the details thereof. Either party to the Agreement may request and be granted a conference. 4. All tracings, plans, specifications, maps and/or reports prepared or obtained W1der this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. 5. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. 6. Unless otherwise specifically stated herein, this Agreement shaH be governed by and construed in accordance with the laws of the State of Florida. 7. All notices under this Agreement shall be directed to the following: TO DEPARTMENT: TO COUNTY: Johnny Limbaugh, SW AO Manager Donald Scott, Director Florida Department of Transportation Collier County Transportation Planning P.O. Box 1030 2885 S. Horseshoe Drive Fort Myers, Florida 33902-1030 Naples. Florida 34104 8. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not. material to the intended operation of this Agreement. Agenda Item No. 1682 May 26, 2009 Page 9 of 26 FM NO. 420655 1 52 01 COLLIER COUNTY Page 3 of 1 0 F 9. To the extent provided by Florida Statute 9768.28, the COUNTY shall indemnify, defend, and hold hannless the DEPARTMENT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge. or expense arising out of any act, error, omission, or negligent act by the COUNTY, its agents, or employees during the performance of this Agreement, except that neither the COUNTY, its agents, or its employees will be liable under this paragraph for any claim, loss; damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or employees during the perfonnance of this Agreement. 10. The parties recognize and accept the funding restrictions as set forth in Florida Statute ~339.135(6)(a), and ~129.07, which may affect each of the parties' obligations. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Florida Statute 9339. 135(6)(a) is as foUows: . The department, during any fiscal year, shall not expend money. incur any liability, or enter into any contract which, by its terms, involves the ex.penditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years~ and . this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term for a period Dfmore than 1 year. It. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 12. This document incorporates and includes aU prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written docwnent executed with the same formality and of equal dignity herewith. Agenda Item No, 1682 May 26, 2009 Page 10 of 26 FM NO. 420655 1 S2 0110 1"'- COLLIER COUNTY' r- Page 4 (}f 4 IN WIlNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf. by the Chainnan of its Board of Commissioners or its designee, as authorized by Resolution NumbercX,-t35 ,and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: A ~ , ERK" c. .- C r' .,',; "3 t W-t2t At te ~ t ~S t<l 'cn4 "'11141' , s1gllature onl" ~ ..,.,".. '. ,~~. \. - .....l; . .,' . ... I......... :'~' .. -. COLLIERCO~TYt FLORIDA BOARD OF COUNTY COMMISSIONERS Lx: OF COLLIER C~FLORIDA ~~;;.-~ TIlLE Frank Halas, Chairman (Seal) Date Print Name Date ~;li~unJ All;::';L_View~ J3J, 7 Uate STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATIEST ,'t{- Y (Seal) By: ~ (.... L 11 }. ((C. f {./, {j+1 3,)." t ,}- Print Name Date DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE {rtc14J .(;; R.{Pe Pnnt Name 3ft.> 101 Date Availability of Funds Approval: Date Fla. Dept. of Trans. Legal Review~ ;/ By~:/ft.Jr~:rr ~.Z() -r? r Date By Agenda Item No. 1682 FM #: 420655 fJ#f;{.i3, 2009 1-' tPt1 of 26 COLLIER CO Y FIRST AMEND:MENT TO LOCALLY FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FWRlDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR 1-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVMENT IDE When signed by COllIER COUNTY (hereinafter, "COUNTY") and the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT') in the places provided below. the foHowing shall constitute the 151 AMENDMENT to the LOCALLY FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR 1-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVEMENT for PM # 420655 I 52 (hereinafter, "AGREEMENT"). A. All ex.pressions used herein, unless herein separately defined, shall have the same meaning herein as in the Agreement. B. Ex.cept as expressly or by necessary implication modified hereby, all provisions of the Agreement shall remain in full force and effect in accordance with their terms but in the event of any inconsistency(ies) between the provisions of the Agreement and the provisions hereof, the latter shall prevail. C. The following WHEREAS clauses are added after the 21Kl WHEAREAS clause in the original AGREEMENT: a. WHEREAS, this Agreement is sanctioned pursuant to Florida Statutes 334.044 and 339.12(2005), and the COUNTY has authority to enter into this Agreement and fund the COUNTY'S portion of the PROJECT costs, as agreed herein, which shall be incurred by the DEPARTMENT~ b. WHEREAS, in order for the COUNTY to contribute to the construction costs funding portion the DEPARTMENT and the COUNTY have entered into a STATE INFRASTRUCTURE BANK LOAN AGREEMENT (hereinafter, "sm LOAN"); and c. WHEREAS, the COUN1Y wishes to assign to the DEPARTMENT all invoicing and payment rights under the SIB LOAN for construction performed by the DEPARTMENT as it relates solely to the DEPARTMENT'S partial recovery of construction costs funding portion of the PROJECT; and d. WHEREAS, a Lump Sum Locally Funded Agreement is needed and required to define the specific contributions to be made by each party, and to clarify that regardless of the ultimate cost of the PROJECT and regardless of the ultimate cost of the 1-75 @ Immokalee Overpass Interchange of the PROJECT, the COUNTY's contribution hereunder is limited to (a) the sum of SIXTEEN MIllJON FIVE HUNDRED lWENTY-ONE THOUSAND FOUR HUNDRED FlFfY DOLLARS ($16,521,450.00); and D. Paragraph a in section 1 of the original AGREEMENT is deleted in its entirety and replaced with the fonowing: a. The COUNTY agrees to a non-refundable lump sum payment to the Department in the amount of SIXTEEN Mll.LION FIVE IDJNDRED TWENTY -ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($16.521,450.00) as full payment for the cost of the 1-75 @ Immokalee Overpass Interchange Improvement project PM No. (420655 1 5201) to be paid to the DEPARTMENT. Payment of the lump sum shall consist of two parts: a TWEL VB MilLION DOLLARS ($12,000,000..00) loan reassignment as detailed below and an escrow account deposit payment of FOUR MlLLION FIVE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($4,521,450.00) as detailed in paragraphs b and c below: (1) Upon execution of the Slate Infrastructure Bank Loan (hereinafter, "SIB LOAN") for TWELVE Mll..LION DOLLARS ($12.000,000,.00) between the COUNTY and the DEP ARTi\1E.l'.IT, the COUNTY shall assign all of its rights to tbe proceeds of the SIB LOAN and assigns and transfers to the DEPARTMENT the right to receive aU disbursements of the sm LOAN in accordance with the terms of the SIB LOAN Agreement The COUNTY shan submit whatever forms and documents are reasonably required by the DEPARTMENT in order to effect the release of said proceeds of the SIB LOAN. The DEPART1vfENT shall provide a copy of all such forms and documents to the COUNTY. The SIB LOAN agreement is hereby incorporated into this agreement upon execution of the SIB LOAN (2) The COUNTY shall assign to the DEPARTMENT all invoicing and payment rights under the sm LOAN for construction perfonned by the DEPARTMENT as it relates solely to the DEPARTMENT'S partial recovery of construction costs funding portion of the PROJECT. E. Paragraph b in section 1 of the original AGREEMENT is deleted in its entirety and replaced with the following: b. The remaining sum of FOUR Mn~LION FIVE HUNDRED TWENTY -ONE THOUSAND FOUR HUNDRED FIFTY DOlLARS ($4,521,450.00) shall be deposited by the COUNTY into an interest bearing escrow account (hereinafter, "ESCROW ACCOUNT') in the name of the Florida Department of Transportation with the Department of Financial Services, Division of Treasury and in accordance with the terms and conditions of the Memorandum of Agreement (hereinafter. "MON') executed by the DEPARTMENT. the COUNTY and the Department of Financial Services. The MOA is incorporated into and made pan of this Agreement. F. Paragraph c in section 1 of the original AGREEMENT is deleted in its entirety and replaced with the following: c. Interest from the ESCROW ACCOUNT shall be left in the account to cover future funding needs for completion of the PROJECT. Agenda Item No. 1682 FM # 4206SS~' 2009 "1'2 of 26 III AMENDMENT TO LF A w/COLLlER CO TY Page 2 of3 .., :.In r- . , .' . " IJ.. "- .' . ACKNOWLEDGED AND AGREED TO; Agenda Item No. 1682 FM #4206Ssrll~6, 2009 III AMENDMENT TO LFA w/COLLlER COUNTY 3 of 26 Page 3 of 3 , .. " f t., \ ..." t' COLLIERCOUNTY, FLORIDA .~N Date TITLE: Chairman, Collier County Board of Commissioners Print Name; James Coletta Collier County A~~rnel Legal Review: BY;~*"fL~~ 3}1~~7 ( Date Date ATTEST STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Seal) . .. ~ \tl11\' ~-I~\ J. Prfnt Name ) , t~ ("f '''')c ''-1 /....., ')' L'- '" \, I.' -. Date Availability of Funds Approval: By Date By: k DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE p1;c~1l~1 G. ~ Print Name ~/2DJ~1 Date . of Trans. Legal Review: .!?2()'cJ l' Date Agenda Item No. 1682 May 26, 2009 Page 14 of 26 RESOLUTION 2009- A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF TWO SEP ARA TE MEMORANDUMS OF AGREEMENT, A LOCALLY FUNDED AGREEMENT, AND A SECOND AMENDMENT TO LOCALLY FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORT A TION, AND COLLIER COUNTY PERTAINING TO THE DIVISION OF RESPONSmILITIES, EXPECTATIONS, AND FUNDING OF THE PROPOSED IMPROVEMENTS TO IMMOKALEE ROAD ASSOCIATED WITH THE 1-75 (SR 93) DESIGN-BUILD PROJECT INCLUDING BUT NOT LIMITED TO UTILITY RELOCATION, INSTALLATION OF INTELLIGENT TRAFFIC SYSTEM, AND CAPACITY IMPROVEMENTS ON IMMOKALEE ROAD ALLOWING FOR AN EIGHT LANE SECTION FROM STRAND BOULEVARD EAST THROUGH THE INTERCHANGE AT TARPON BAY BOULE V ARD. WHEREAS, at the May 26, 2009, meeting of the Board of County Commissioners the Board approved the following: (1) a Memorandum of Agreement between the State of Florida Department of Transportation ("FDOT") and Collier County to establish an interest bearing escrow account to deposit advance funds in the amount of $352,746.00 for the cost to relocate utilities pertaining to the proposed improvements to Immokalee Road associated with the 1-75 (SR 93) design-build finance project (the "Road Project") from Golden Gate Parkway to South of Colonial Boulevard under FM # 420655-1-56-04, (2) a Memomndum of Agreement between FOOT and Collier County to establish an interest bearing escrow account to deposit advance funds in the amount of $117.254.00 for the cost to install an Intelligent Traffic System in connection with the Road Project (FM # 420655-1-52-06), (3) a Locally Funded Agreement between FOOT and Collier County pertaining to utility relocation on the Road Project (FM #420655-1-56-04), and (4) a Second Amendment to Locally Funded Lump Sum Agreement between FOOT and Collier County For 1-75 at Immokalee Overpass Interchange Improvement pertaining to the installation of lines and facilities for an Intelligent Tmffic System (FM # 420655-1-52-01 / FM # 420655-1-52-06) (collectively, the "Agreements"), and authorized the Board of County Commissioners. through its Chairman, to enter into those Agreemenl<o with the Florida Department of Transportation; and WHEREAS, the Florida Department of Transportation requires the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve those Agreements and authorize its Chairman to execute those Agreements; Agenda Item No. 1682 May 26, 2009 Page 15 of 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: On May 26, 2009, the Board of County Commissioners approved by majority vote the aforementioned Agreements relating to the Road Project and authorized its chairman, Donna Fiala, to enter into those Agreements with FDOT. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Agreements. This Resolution is hereby adopted after motion, second, and majority vote this 26th day of May 2009. ATTEST: D\VIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COlJNTY, FLORIDA By Deputy Clerk By DONNA FIALA, CHAIRJv1AN Approved as to form fgaJ sufficirfY: ) I (~lJ It /~L- Scdtt R. Teach, Deputy County Attorney 2 Agenda Item No. 1682 May 26, 2009 Page 16 of 26 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this _' day of , 2009, by and between the State of florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "Treasury" and the Collier County Board of County Commissioners, Collier County, Florida, hereinafter referred to as the "Participant." WITNESSETH WHEREAS, "FOOT" is currently constructing the following project: Main Financial Project No.: 420655-1-56-04 Utility relocations County: Collier hereinafter referred to as the "Project". WHEREAS, FOOT and the Participant entered into a Locally Funded Agreement dated , wherein FOOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FOOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf or the Participant by the FOOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An advance deposit in the amount of THREE HUNDRED FIFTY TWO THOUSAND SEVEN HUNDRED FORTY-SIX DOLLARS ($352,746.00) will be made by the Participant into an interest bearing escrow account established by the Department for the purposes of the project. Said escrow account will be opened with the Department of Financial Services, ~ivision of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FOOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FOOT OOC-GAO for appropriate processing at the following address: Florida Department of Transportation OOC~GAO, LF A Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 Agenda Item No. 1682 May 26, 2009 350-~~(joQf 26 Page 2 of 2 4. The FOOT's Comptroller or designee shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LF A. 6. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. 7. The Department of Financial Services further agrees to provide periodic reports to the FDOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES. DIVISION OF TREASURY ArrEST: Dwight E. Brock, Clerk Donna Fiala, Chairman PARTICIPANT SIGNATURE > Deputy Clerk P ARTJCIP ANT NAME & TITLE: Donna Fiala, Chairman, Collier County Board of Commissioners Ap~d as ~o f!7d ItgaI sufficiency: cJ<:-o#-1 l~t Deputy County Attorney PARTICIPANT ADDRESS: Collier County Government Center 3301 Tamiami Trail, East Naples, Florida 34112 FEDERAL EMPLOYER J.D. NUMBER Agenda Item No. 1682 May 26, 2009 Page 18 of 26 FM# 420655-1-56-04 LOCALL Y FUNDED AGREEMENT BETWEEN THE ST ATE OF FLORIDA DEPARTMENT OF TRANSPORT A TION AND COLLIER COUNTY FOR 1-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVMENT This is an Agreement ("Agreement") between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter, the "DEPARTMENT") and COLLIER COUNTY (hereinafter, the "COUNTY"), for the COUNTY to provide funds to the DEP ARMENT for Immokalee Road utility relocations. WITNESSETH 1. WHEREAS, the COUNTY desires to have the DEP AR TMENT include Immokalee Road utility relocations (hereinafter, the "PROJECT'); and 2. WI-lEREAS, the PROJECT is presently in the DEPARTMENT'S Five Year Work Program scheduled for fiscal year 2008/2009; and 3. WHEREAS, the DEPARTMENT is willing to include lrnmokalee Road utility relocations of FP&L, Embarq, Comca.<;t, Qwest, At&T in connection with the DEPARTMENT'S project identified as FM # 420655-1-56-04 (the "FOOT PROJECT"). The COUNTY is willing to provide the required funds for the PROJECT in accordance with Fla. Stat. g339.12(3); and 4. WHEREAS, the COUNTY, by Resolution dated the 26th day of May, 2009, a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners or designee to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Af,rreement, the parties agree as follows: 1. The COUNTY agrees that it will, upon execution of this Agreement, furnish the Department an advance deposit in the amount of THREE HUNDRED FIFTY TWO THUUSAND SEVEN HUNDRED FORTY-SIX DOLLARS ($352,746.00) for full payment of the estimated PROJECT cost for Locally Funded project #426055-] -56-04. The advanced deposit shall be the total estimated PROJECT cost plus allowances. 2. The COUNTY shall deposit the above amount in an interest bearing account with the Department of Financial Services, Division of Trea.<;ury, in the name of the Florida Department of Transportation and in accordance with the terms and conditions of the Memorandum of Agreement executed by the DEPARTMENT, the COUNTY and the Department of Financial Services, which is incorporated by reference into this Agreement. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the Florida Department of Transportation: Agenda Item No. 1682 May 26, 2009 FM# 420J5~5~d4f 26 COLLIER COUNTY Page 2 of5 2. All deposits shall be made to the Florida Department of Transportation and mailed a<; follows: Florida Department of Transportation Office of the Comptroller A TIN: LF A Section 605 Suwannee Street Mail Station 42B Tallahassee, FL 32399 A copy shall be sent to: Karen Miracola, District One District One LF A /JP A Coordinator Florida Department of Transportation P.O. Box 1030 Fort Myers, Florida 33902-1030 3. Failure of the COUNTY to deposit said amount within the time frame specified above shall be grounds for termination of this Agreement. 4. If the accepted bid amount plus allowance is in excess of the advance deposit amount, the COUNTY will provide an additional deposit within 14 (fourteen) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the COUNTY as soon as it becomes apparent the accepted bid amount plus allowances is in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation on final accounting as provided herein below. If the COUNTY cannot provide the additional deposit within 14 (fourteen) days, a letter must be submitted to and approved by the DEPARTMENT's PROJECT manager indicating when the deposit \lilill be made. The COUNTY understands the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to a delay of the PROJECT. 5. If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the COUNTY in writing. 6. Should PROJECT modifications or changes to bid items occur that increase the COUNTY's share of total PROJECT costs, the COUNTY will be notified by the DEPARTMENT accordingly. The COUNTY agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit v.ith the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual costs v.rill overrun the award amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation during the PROJECT and on final accounting as provided herein below. Funds due from the COUNTY during the PROJECT not paid within 40 (forty) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Fla. Stat. 955.03. Agenda Item No. 16B2 May 26, 2009 FM# 420lSS1l~~f 26 COLLIER COUNTY Page 3 of 5 7. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection 'with the work performed hereunder within three hundred and sixty days (360) of final payment to the Contractor. The DEPARTMENT considers the PROJECT complete when the final payment has been made to the Contractor, not when the construction work is complete. 8. All PROJECT cost records and accounts shall be subject to audit by a representative of the COUNTY/COUNTY for a period of three (3) years after final closeout of the PROJECT. The COUNTY will be notified of the final cost. Both parties agree that in the event the final accounting oftota! PROJECT costs pursuant to the terms of this agreement is less than the total deposits to date, a refund ofthe excess will be made by the DEPARTMENT to the COUNTY. If the final accounting is not perfonned within three hundred and sixty (360) days, the COUNTY is not relieved from its obligation to pay. 9. In the event the final accounting of total PROJECT costs is greater than the total deposits to date, the COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEP AR TMENT. The COUNTY agrees to pay interest at a rate as established pursuant to Fla. Stat. 955.03, on any invoice not paid within forty (40) calendar days until the invoice is paid. 10. The DEPARTMENT agrees to provide PROJECT schedule pro!:,'Tess reports to the COUN"TY in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The COUNTY will be entitled at all times to be advised, at its request, as to the status of work being done by the DEPARTMENT and of the details thereof. Either party to the Agreement may request and be granted a conference. 11. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. 12. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. 13. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEP AR TMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. 14. Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida 15. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation oftbis Agreement. Agenda Item No. 1682 May 26, 2009 FM# 420~1-9f..~~&J 26 COLLIER COUNTY Page 4 of5 16. The parties recognize and accept the funding restrictions set forth in Fla. Stat. S339.135(6)(a), which may affect each of the parties' obligations: The Department during any fiscal year shall not expcnd money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or v.ritten, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. 17. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 18. This docwnent incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this docwnent. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification. amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by both parties. 19. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, final costs are knoV'.'n and legislati vely appropriated reimbursements, if approved, are made by the DEPARTMENT. 20. All notices under this Agreement shall be directed to the following: TO DEPARTMENT: Bill Jones, Project Manager Florida Deparnm..'TIl of Transportation P.O. Box 1249 Bartow. FL 33831-1249 TO COUNTY: I Michael Greene, Planning Manager Collier County Transportation Services 2885 Horseshoe Drive South Naples, FL 34104 Agenda Item No. 1682 May 26, 2009 FM# 42ol's%.9f-~ 26 COLLIER COUNTY Page 5 of5 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by its Chairman, as authorized by Resolution Number , and the FLORIDA DEPARTMENT OF TRANSPORT A nON has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: COLLIER COUNTY, FLORIDA ATTEST CLERK (Seal) Donna Fiala, Chairman CHAIRM.A.N OR DESIGNEE Date Print Name: Donnll Fiala.. Date co~ C~:<TY Jrj Review By ~i/ I (1~1 (~f)j) '1 I ; Dale ST ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION A TIEST By: EXECUTIVE SECRETARY (Seal) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE Pnnt Name Dale I'rrnt Name Date Fla. Dept. of Trans. Legal Review: By: Date Agenda Item No. 16B2 May 26, 2009 Page 23 of 26 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this _, day of , 2009, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FOOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "Treasury" and the Collier County Board of County Commissioners, Collier County, Florida, hereinafter referred to as the "Participant." WITNESSETH WHEREAS, "FOOT" is currently constructing the following project: Main Financial Project No.: 420655-1-52-06 Intelligent Traffic System (ITS) installation County: Collier hereinafter referred to as the "Project". WHEREAS, FOOT and the Participant entered into a Locally Funded Agreement and First Amendment dated March 20, 2007 (FM #420655-1-52-1), as amended by the Second Amendment to Locally Funded Agreement dated May 26, 2009, wherein FOOT agreed to perform certain work on behalf ofthe Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed iliat it would be in the best interest of the FOOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Pro.iect on behalf of the Participant by the FOOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An advance deposit in the amount of ONE HUNDRED A...~D SEVENTEEN THOUSAND TWO HUNDRED AND FIFTY-FOUR DOLLARS ($117,254.00) will be made by the Participant into an interest bearing escrow account established by the Department for the purposes of the project. Said escrow account will be opened with the Department of Financial Services, ~ivision of Treasury, Bureau of Collateral Management on behalf of the FOOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FOOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the ex(,'Cution of any Supplemental Agreements or Amendments. 3. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FDOT DOC-GAD for appropriate processing at the following address: Florida Department of Transportation OOC-GAG, LF A Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 Agenda Item No. 16B2 May 26, 2009 Page 24 of 26 350-020-300-i Page 2 of 2 4. The FDOT's Comptroller or designee shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdmwals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LF A. 6. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FOOT. 7. the FOOT. The Department of Financial Services further agrees to provide periodic reports to STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES. DIVISION OF TREASURY A TTEST: Dwight E. Brock, Clerk Donna Fiala, Chairman PARTICIPANT SIGNATURE , Deputy Clerk PARTICIPANT NAME & TITLE: Donna Fiala. Chairman, Collier County Board of Commissioners AP~ed as; to fori,d 19aI sufficiency: \ ~. /I( t ( .-' . / #1 ~ ( ~~ i ! r /1..e-.-.c De}mt'y County Attorney PARTICIPANT ADDRESS: Collier County Government Center 3301 Tamiami Trail. East Naples, Florida 34112 FEDERAL EMPLOYER J.D. NUMBER Agenda Item No. 16B2 May 26, 2009 Page 25 of 26 FM # 420655 1 52 01 SECOND AMENDMENT TO LOCALLY FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR 1-75 Iii; IMMOKALEE OVERPASS INTERCHANGE IMPROVME!'lT ~rhen signed by COLLIER COUNTY and the State of Florida Department of Transportation in the places provided below, the following shall constitute the Second Amendment: to the L.OCALL Y FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR 1-75 la) .--, IMMOKALEE OVERPASS INTERCHANGE IMPROVEMENT for FM # 420655 I 52 01 (hereinafter, .'AGREE1V1ENT") dated March 20, 2007, as amended by a First Amendment dated March 20, 2007, as in force immediately prior to the execut ion of this Second Amendment. A. All expressions used herein, unless herein separately defined, shall have the same meaning herein as in the Agreement. B. Except as expressly or by necessary implication modified hereby, all provisions of the Agreement shall remain in full force and effect in accordance \vith their terms but in the event of any inconsistenc)'(ies) between the provisions of the AGREEME~T and the provisions hereof, the latter shall prevail. C. The following WHEREAS dause 3 is added after WHE.;\REAS clause 2.d. in the AGREEMENT as amended by the First Amendment: 3. WHEREAS. the DEPARTMENT has agreed to add to the PROJECT the installation of lines and facilities for an Intelligent Traffic System (ITS). and the COUNTY has agreed to provide a lump sum l()r the ITS installat ion: and D. The following is add(~d as clause 1.11. to the original AGREEMENT, as amended hy the first agreement: h. The COUNTY. upon execution of the Second Amendment. shall provide a non- refundable lump sum payment to the DEPART1\1ENT in the amount of ONE HlJNDRED AND SEVENTEEN THOliSAND TWO HU!'lDREDAND FIFTY -FOVH DOLLARS ($11 i, 2~4.()O) under F\1# 420655-1-52-06 as full payment for the cost orthe ITS installation. Rest of this page intentionally left blank. ACKNOWLEDGED At\D AGREED TO: "--"--~-~~"'-~'~'---~.__.._^.,_.<_.,---- Agenda Item No, 16B2 May 26, 2009 Page 26 of 26 FM # 420655 1 52 OJ 2N1} A1\-lE'\D'1ENT TO LFA \\'/COLLIER COU1\'TY PA(iE .::! OF :: COLLlERCOI NT\". FLORIDA ATTEST CLERK (SIAl.) 1)\ I J TITLE: Donna Fiala. Chairman. Co!!ier COllnt\ I~oard of Commissioners flU I \';1 !'...;\ \11 i )\lfm;j h,]Ja DA II CULLlI:R COL'\iTY RLVILW: BY: '...... :.:J '(-_.:~ ,',/' ATTOR!\FY LEGAL 'j ) . I , ,/ .' / (, 'k--..? L I ) ") 1 -/)<Y/I; < ~ DHI A TTESl STATE OF FLORIDA DEP/\.H.TMENT OF TRANSPORTATION EXECUTIVE SteRFTAR"!' (SIAl) I'RIN'I N!I\1L Inn. I~Y: DISTRIC I SiCRETARY OR DESIG"-JEE [) ! S [1\ 1C T 01'\ E 1''''',1 '-\\11' [l,\Tl 1-1 A, DIPT. OF TRA!\S. LH;AI REVIEW: BY DA'l!