HomeMy WebLinkAboutItem C10 CIO
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
December 10, 2025
Agenda Item Number: CIO
2023-4879
BULK ITEM: Yes DEPARTMENT: Engineering Services
TIME APPROXIMATE: STAFF CONTACT: Judy Clarke X4329
No
AGENDA ITEM WORDING: Approval of Amendment No. 2 to the agreement with Florida
Department of Transportation(FDOT) to suspend toll collection on Card Sound Road during nighttime
closures of US 1 for roadwork along the 18-mile stretch to extend the expiration date of the Agreement
to May 31, 2026 and to increase the toll reimbursement amount for per detour day per direction to
$495.00.
ITEM BACKGROUND:
Monroe County and FDOT executed an agreement that would allow for temporary suspension of the
Card Sound Toll during nighttime closures of US 1 and detouring of traffic to Card Sound to allow for
road work between mile markers 108.4 and 112.8 (18-mile stretch)under FDOT project FM 446005-1,
and for reimbursement of toll revenue by FDOT in the amount of$471 per detour day per direction.
The original agreement expired on July 24, 2025 and was extended to December 24, 2025 by
Amendment 1. The road work has not been completed and another extension until May 31, 2026 is
needed. In addition, since the per axle toll amount is increased each year by the CPI, this amendment
also increases the per day per direction reimbursement amount to $495.
PREVIOUS RELEVANT BOCC ACTION:
The Board of County Commissioners approved Agreement No. ASZ72 with FDOT at the March 20,
2024 meeting.
Amendment No. 1, extension from July 24, 2025 until December 24, 2025 was approved by the County
Administrator on July 23, 2025.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Amendment 2 extends the term of the agreement until May 31, 2026 and increases the per detour day
per direction reimbursement rate to $495.
444
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
ASZ72 Amendment 2 11.21.2025.pdf
ASZ72 Amendment I - Time Extension.pdf
ASZ72 Executed FM 446005-1-58 Toll Revenue Loss 4-24.pdf
FINANCIAL IMPACT:
None
445
FDOT
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AN
Florida Department of Transportation
RON DESANTIS 1000 NW I I I",Avenue JARED W.PERDUE,P.E.
GOVERNOR Miami,FL. 33172 SECRETARY
AMENDMENT TO DEPARTMENT FUNDED AGREEMENT
Extension to Contract Term
Amendment No. 2
Project Description: Resurfacing, Restoration, Rehabilitation (RRR) of SR 5/US-/Overseas Highway
from MM 108.4 to 112.8
Participant: Monroe County
Contract No.: ASZ72 Project Nos.:446005-1-58-01
Contract Execution Date: April 17', 2024 Current Contract Term: December 24, 2025
Amendment Date: day of 20_
The terms of the original agreement,referenced above, are hereby amended as follows:
1. Section 2, Term of the Agreement is amended to extend the contract term to May 31,2026.
2. Section 3.a.is deleted in its entirety and is replaced with the following:
a. The estimated Toll Revenue Loss was calculated as set forth in Exhibit `B." The total
Department funding available to reimburse the Agency for the Toll Revenue Loss is Fifty Five
Thousand Dollars and 00/100 ($55,000.00) ("Department Funding"). A mutually agreeable
amendment to this Agreement is required for any re-budgeting of Department Funding
provided under this Agreement.
3. Exhibit`B"is deleted in its entirety and is replaced with the new Exhibit`B" attached hereto and
made a part hereof.
Except as hereby modified, amended, or changed, all of the terms and conditions of said original
agreement and any amendments thereto will remain in full force and effect.
[THE REMAINDER IS INTENTIONALL LEFT BLANK. SIGNATURE PAGE FOLLOWS.)
www.fdot.gov
446
MONROE COUNTY: STATE OF FLORIDA,DEPARTMENT OF
TRANSPORTATION:
BY: BY:
COUNTY ADMINISTRATOR DISTRICT SECRETARY
ATTEST:
LEGAL REVIEW: (SEAL)
MONROE COUNTYATTORNEY
APPROVED AS TO FORM
BY:(.' BY:
CURT STINE LIMBERT-BARROWS
SR.ASSISTANT COUNTY ATTORNEY
DATE: 1 1�..
COUNTY ATTORNEY EXECUTIVE SECRETARY
LEGAL REVIEW:
BY:
DISTRICT SENIOR ATTORNEY
Michelle Garrido Trujillo,Esq.
447
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
EXHIBIT`B"
TOLL REVENUE LOSS
Toll Revenue Loss Calculation—Amendment 2:
Loss of Toll Revenue is established as $ 495.00 per Detour Day per direction (i.e., souhbound, northbound).
This revised rate shall be applicable for all detours effective October 1, 2025, and thereafter.
Total loss of Toll Revenue assuming one direction per Detour Day:
Loss of Toll Revenue over a 5-day period: $ 471.00 x 5 days = $ 2,355.00
Loss of Toll Revenue over a 44-day period: $ 495.00 x 42 days = $ 20,790.00
Contingency Allocation: $ 1,855.00
Total Loss of Toll Revenue: $ 25,000.00
Total Loss of Toll Revenue: $ 55,000.00
Detours from the State Road onto Card Sound Road shall only occur between the hours of 8:00 PM and 6:00 AM
Sunday through Thursday (for example, starting Sunday night from 8:00 PM to Monday morning 6:00 AM,then
starting Monday night from 8:00 PM to Tuesday morning 6:00 AM,and so on).During construction of the Project,
the Department shall notify the Agency of any necessary State Road lane closures at least seventy two (72)hours
in advance to coordinate the Detour Days.
In the event that the Department maintains the State Road lanes closed and continues to detour traffic to Card
Sound over the approximated 110 Detour Days,the Department shall reimburse the Agency for each day over the
approximated 110 Detour Days at the rate of $ 495.00 per direction pursuant to this Agreement, except in the
event of Force Majeure Days as defined below.
Notwithstanding the above, in the event that the Engineer deems it necessary to maintain the State Road lanes
closed during any of the approximated 110 Detour Days as a result of conditions beyond the control of the
Department or its contractor, including, but not limited to, catastrophic events, accidents not related or caused by
the Department or its contractor's operations, etc. ("Force Majeure Days"), such Force Majeure Days will not be
counted towards the approximated 110 Detour Days under this Agreement.
Page 1 of 1
448
Docusign Envelope ID:26CBOABF-59AA-4B48-92DA-1943282577A6
FDOT
Florida Department of Transportation
RON DESANTIS 1000 NW 1111 Avenue JARED W.PERDUE,P.E.
GOVERNOR Miami,FL. 33172 SECRETARY
AMENDMENT TO DEPARTMENT FUNDED AGREEMENT
Extension to Contract Term
Amendment No. 1
Project Description:Resurfacing,Restoration,Rehabilitation(RRRI of SR 5/US-/Overseas Highway
from MM 108.4 to 112.8
Participant:Monroe County
Contract No.:ASZ72 Project Nos.:446005-1-58-01
Contract Execution Date:April 171,2024 Current Contract Term: July 24,2025
Amendment Date:24 day of July ,20_25
The term of the original agreement,referenced above,is hereby amended as follows:
Section 2,Term of the Agreement is amended to extend the contract term to December 24,2025.
Except as hereby modified, amended, or changed, all of the terms and conditions of said original
agreement and any amendments thereto will remain in full force and effect.
MONROE COUNTY: STATE OF FLORIDA,DEPARTMENT OF
TRANSPORTATION:
DocuSigned by:
Christine Digitally signed by
BY: Christine Hurley BY: �p�,�t,�, AA.$
• Hurley Date:2025.07.23 '
Y 16:39:52-04'00' BA23331 EC56746A...
COUNTY ADMINISTRATOR DISTRICT SECRETAR: q f'va,
ATTEST:
LEGAL REVIEW: (SEAL)
DocuSigned by:
BY: BY: 1�bS�uR,
f � �
COUNTY ATTORNEY EXECUTIVE SECRETAkYr ,, N
MONROE COUNTY ATTORNEYS OFFICE LEGAL REVIEW:
�—�S�TCiOUNTY�ATTO
APPROVED AS TO FORM DocuSigned by:
BY:NEY DISTRICT CHIEF COUNSEL
DATE' 7-77-20.5
www.fdot.gov
449
DocuSign Envelope ID:CB8828D1-BDC3-46AF-81 E6-B7CB22525A2B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
FPN: 446005-1-58-01 Fund: DDR FLAIR Category: 088716
Org Code: 55064010606 FLAIR Obj: 134000
FPN: Fund: FLAIR Category:
Org Code: FLAIR Obj:
FPN: Fund: FLAIR Category:
Org Code: FLAIR Obj:
County No: 90 Contract No: ASZ72 Vendor No: F596000749114
This Department Funding Agreement("Agreement") is entered into this 17th day of April, 2024
(the "Effective Date") between the State of Florida Department of Transportation, an agency of the State of the
Florida (the "Department") and Monroe County, a governmental entity existing under the laws of the State of
Florida(the "Agency") (each a"Parry" and collectively, the "Parties").
RECITALS
WHEREAS,the Department is developing the design for roadway project FM 446005-1, which is more
particularly described in Exhibit "A" to this Agreement (the "Project"), located along SR 5/US 1/Overseas
Highway (the "State Road") from MM 108.4 to MM 112.8 (the "Project Limits"), in Monroe County, Florida;
and
WHEREAS, during construction of the Project, there will be temporary road closures on the State Road
for approximately 40 days; and
WHEREAS,to ensure continued mobility and traveler safety during any required temporary closures of
the State Road in connection with the Project, all traffic will be detoured to CR 905A/Card Sound Road ("Card
Sound Road"), an Agency road; and
WHEREAS, the Agency has agreed to suspend the tolls it currently collects at Card Sound Road for the
duration of the temporary closures of the State Road("Detour Days)"), and the Department has agreed to reimburse
the Agency for its loss of toll revenue at Card Sound Road in connection with the Project("Toll Revenue Loss");
WHEREAS, the Department and the Agency hereto mutually recognize the need for entering into this
Agreement pursuant to Section 163.01, Florida Statutes, setting forth the terms and conditions under which the
Department will reimburse the Agency for its Toll Revenue Loss in connection with the Project; and
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable
considerations contained herein,the receipt and sufficiency of which are hereby acknowledged, the Parties agree
as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated into the body of this Agreement,
as if fully set forth herein.
Page 1 of 10
450
DocuSign Envelope ID:CB8828D1-BDC3-46AF-81 E6-B7CB22525A2B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
2. Term of Agreement. The term of this Agreement shall commence on the Effective Date and shall
continue until the completion of the Project (the "Completion Date"), unless earlier terminated under Section 7
of this Agreement.
3. Toll Revenue Loss.
a. The estimated Toll Revenue Loss was calculated as set forth in Exhibit `B." However, the total
Department funding available to reimburse the Agency for the Toll Revenue Loss is Thirty Thousand Dollars and
00/100 ($30,000.00) ("Department Funding"). A mutually agreeable amendment to this Agreement is required
for any re-budgeting of Department Funding provided under this Agreement.
b. Any loss of toll revenue at Card Sound Road incurred by the Agency prior to the Effective Date
or after the Completion Date or other termination of this Agreement will not be eligible for reimbursement by the
Department. If the Toll Revenue Loss is not included in the first year of the Department's adopted work program
for the state fiscal year that includes the Effective Date, it is understood that Department funding in eligible Toll
Revenue Loss is subject to:
i. Legislative approval of the Department's appropriation request in the work program year that the
Toll Revenue Loss is scheduled to be incurred;
ii. Availability of funds as stated in Sections 5.c. and 5.d. of this Agreement; and
iii. Approval of all contracts or other obligating documents and all other terms of this Agreement.
4. Requests for Reimbursement.
a. Requests for reimbursement by the Agency shall be in writing and shall include an invoice and
supporting documentation as described in Exhibit "C," as applicable, that are acceptable to the Department. All
invoices shall reference the Project number, FM 446005-1-58-01. Supporting documentation must provide
evidence that the payment requested is commensurate with the Toll Revenue Loss incurred by the Agency. The
Agency shall submit requests for reimbursement to the Department no less than once every ninety (90) days
(quarterly). If the Agency fails to submit quarterly invoices to the Department, and such failure results in the loss
of state appropriation authority the Department will not be obligated to provide any additional funding for the
Toll Revenue Loss.
b. The Agency must submit the final invoice on the Project to the Department within 120 days of the
Completion Date. Invoices submitted after the 120-day time period may not be paid.
C. ❑ If this box is selected, the Project is not included in the first year of the Department's
adopted work program for the state fiscal year that includes the Effective Date. The Department will only
reimburse the Agency in accordance with section 339.12, Florida Statutes. The Agency will not invoice the
Department for Project costs until July 1 of the state fiscal year(s) the Project is scheduled in the Department's
work program as of the Effective Date. After receipt of properly documented invoices and supporting
documentation as otherwise required in this Agreement, payment(s) will be made to the Agency to reimburse
eligible Toll Revenue Loss in annual amounts equal to the amounts programmed in the Department's adopted
Page 2 of 10
451
DocuSign Envelope ID:CB8828D1-BDC3-46AF-81 E6-B7CB22525A2B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
work program in each state fiscal year,up to the amount of eligible Toll Revenue Loss incurred after the Effective
Date.
5. Payment.
a. Subject to other provisions of this Agreement, the Department will reimburse the Agency for
eligible Toll Revenue Loss, up to the amount of the Department Funding. Notwithstanding any other provision
of this Agreement, the Department may elect by written notice not to make a payment if:
i. The Department determines that the Agency has misrepresented a material fact in any
documents submitted to obtain the Department Funding under this Agreement, or any document or data
furnished pursuant to this Agreement;
ii. There is any pending litigation with respect to any acts by the Agency which may
jeopardize or adversely affect the Project, this Agreement, or payments for the Toll Revenue Loss;
iii. There has been any violation of the conflict-of-interest provisions contained in this
Agreement; or
iv. The Department determines the Agency is otherwise in default under any provisions of this
Agreement.
b. The Department has twenty(20)days to deliver a request for payment(voucher)to the Department
of Financial Services. The twenty (20) days are measured from the date the invoice is received.
If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to
Section 55.03(1),F.S.,will be due and payable,in addition to the invoice amount,to the Agency. Interest penalties
of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be
returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the Department.
C. The Department's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
d. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one
year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend 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 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
Page 3 of 10
452
DocuSign Envelope ID:CB8828D1-BDC3-46AF-81 E6-B7CB22525A2B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
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 of more than 1 year."
6. Records.
a. Any records of Toll Revenue Loss incurred shall be maintained and made available upon request
to the Department at all times during the period of this Agreement and for five years after final payment is made.
Copies of these documents and records shall be furnished to the Department upon request. Records of Toll
Revenue Loss incurred include the Agency's general accounting records. If any litigation, claim,or audit is started
before the expiration of the required retention period, the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
b. The Agency shall permit the Department's authorized representatives to access and inspect all
records, and to audit the books,records and accounts pertaining to the Toll Revenue Loss.
C. The Agency shall submit to the Department such data, reports, records, contracts, and other
documents relating to the Toll Revenue Loss as the Department or FHWA may require.
7. Termination and Suspension.
a. Generally. If: (i) the Department abandons the Project prior to the Agency suspending the tolls
it currently collects at Card Sound Road; or(ii)the Agency fails to comply with applicable law or the terms of this
Agreement,the Department may,by written notice to the Agency, suspend any or all of its obligations under this
Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected,
or the Department may terminate any or all of its obligations under this Agreement.
b. Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension
notice from the Department, the Agency shall proceed promptly to carry out the actions required in such notice,
which may include any or all of the following: (1)necessary action to terminate or suspend,as the case may be, any
suspension of toll collections at Card Sound Road;and(2)remitto the Department such portion of the Department
Funding previously received as is determined by the Department to be due under the provisions of the Agreement.
The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as
approved by the Department. The approval of a remittance by the Agency shall not constitute a waiver of any claim
which the Department may otherwise have arising out of this Agreement.
8. Miscellaneous Provisions.
a. Compliance with Public Records Laws. The Agency agrees to comply with all provisions
provided in Chapter 119 Florida Statutes. If the Agency receives a public records request concerning the
Toll Revenue Loss or Department Funding pursuant to this Agreement, the Agency must take appropriate
action as required by Chapter 119, Florida Statutes. The Department reserves the right to unilaterally cancel
this Agreement for refusal by the Agency to comply with the provisions of Chapter 119, Florida Statutes.
Page 4of10
453
DocuSign Envelope ID:CB8828D1-BDC3-46AF-81 E6-B7CB22525A2B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
b. Interest of Members of, or Delegates to, Congress or Legislature. No member or
delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share
or part of the Agreement or any benefit arising therefrom.
C. Department Not Obligated to Third Parties. The Department shall not be obligated or liable
under this Agreement to any party other than the Agency. It is specifically agreed between the Parties executing
this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public
or any member thereof, a third parry beneficiary under this Agreement, or to authorize anyone not a parry to this
Agreement to maintain a suit pursuant to the terms or provisions of this Agreement.
d. Relationship of Parties. The Agency, its employees, contractors, subcontractors, consultants, and
subconsultants are not agents of the Department as a result of this Agreement.
e. When Rights and Remedies Not Waived.In no event shall the making by the Department of any
payment to the Agency 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 Agency, and the making of such payment by the Department
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.
f. Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
g. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either parry of its
sovereign immunity for any damages claimed by third parties.
It. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained
in this Agreement, unless the omission of the invalid or unenforceable provision would cause this Agreement to
violate any applicable law or fail its fundamental purpose.
i. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not
paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of the
Department funding hereunder.
j. Notices. Any notice, demand, or request which is required to be given under this Agreement in
writing shall be delivered in the following manner:
If to the Department:
Auraliz Benitez, P.E.
1000 NW 111 Ave, Room 6251, Miami, FL 33172
Office: (305) 470-5471
Auraliz.Benitez@dot.state.fl.us
Page 5 of 10
454
DocuSign Envelope ID:CB8828D1-BDC3-46AF-81 E6-B7CB22525A2B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
If to Agency: Judith Clarke, P.E., Director of Engineering Services
Monroe County Engineering Department
1100 Simonton Street, Key West FL 33040
Office: (305) 295-4329
Clarke-judith@monroecounty-fl.gov
k. Agreement Format. All words used in this Agreement in the singular form shall extend to and
include the plural. All words used in the plural form shall extend to and include the singular. All words used in
any gender shall extend to and include all genders.
1. JURY TRIAL WAIVER. THE AGENCY AND THE DEPARTMENT HEREBY
IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR
PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
In. Limitation on Liability. Notwithstanding anything to the contrary in this Agreement, in no event
shall the Agency or the Department be liable to each other for any indirect, punitive, special or consequential
damages (including, but not limited to, loss of profits, interest, earnings or use) whether arising in contract, tort
or otherwise, even if the parry has been advised that such damages are possible. The limitation of remedies
provided in the preceding sentence shall survive the expiration or termination of this Agreement.
n. Execution of Agreement. This Agreement may be simultaneously executed in a minimum of
two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together
shall constitute one in the same instrument.
o. State Lobbying. No funds received pursuant to this Agreement may be expended for lobbying
the Legislature, the judicial branch or a state agency.
P. Agreement not Assignable. The Agency may not assign any of its rights or obligations under
this Agreement.
q. Amendments. This Agreement may not be amended, except by a writing signed by both Parties.
r. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
0 Exhibit"A": Project Description
0 Exhibit"B": Toll Revenue Loss
0 Exhibit"C": Supporting Documents for Agency Requests for Reimbursement
❑ Additional Exhibit(s): NSA are attached and are part of this Agreement
Page 6 of 10
455
DocuSign Envelope ID:C138828D1-BDC3-46AF-81 E6-B7CB22525A2B
STATE OF FLORIDA I)EPAR'I'MENI'OF'F'RANSPOR'FATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
IN WITNESS WHEREOF,the parties have executed this Agreement effective as Oft e
Effective Date.
STATE OF FLORIDA, MONROE COUNTY
DEPARTMENT OF TRANSPORTATION
D—Signed by:
vav�a By:By:
Daniel Iglesias Mayor liolly Merrill Raschein
Director of Transportation Development
X-1
M
ADO , Clerk
Ak'%"411'�
0A
C rk
I.%.........
Date
Legal Review(Department) Legal Review MONROE COUNTY ATTORKEY
0"M VPASIG Opt
a.�ILCJ. �4'UA21�D—Signed by: -.1
CIAN11W MmurifaiRows
04/12/2024 1 2:26 PM EDT ASV.�TAMrM1Nj'Y'ATr(JjtPMV'
JDAIE
................. ....... .......... ......
Michelle Garrido
Senior Attorney
Page 7 of 10
456
DocuSign Envelope ID:CB8828D1-BDC3-46AF-81 E6-B7CB22525A2B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
EXHIBIT "A"
PROJECT DESCRIPTION
A. Project Description (description of the Department's Project to provide context):
This Project,FM 446005-1-52-01 is a Resurfacing,Restoration,and Rehabilitation(RRR)of SR 5/US-1/Overseas
Highway from MM 108.4 to MM 112.8 (90060000 - MP 34.346 to MP 38.777) and access road to Gilbert's
Resort(90060115 —MP 0.000 to MP 0.219 and 90060116—MP 0.000 to MP 0.552) in Monroe County, Florida.
Safety and design improvements under this project include:
• Cross slope and shoulder drop-off corrections;
• Widening at auxiliary lanes (3 locations)to accommodate bicycle keyhole lanes;
• Pavement reconstruction at select locations to address base failure;
• Guardrail upgrades; and
• Signing and pavement marking upgrades and refurbishments
B. Project Location (limits, city, county):
0 Illustration/graphic/map of project area is applicable and attached to this Exhibit"A."
W�
Poq
IT�u
A
n ,
..........................
C. Department Project Manager. The Department's Project Manager for the Project, and contact
information, is:
Auraliz Benitez, P.E.
1000 NW 111 Ave, Room 6251, Miami, FL 33172
Office: (305) 470-5471
Aural iz.Benitez(a dot.state.fl.us
Page 8 of 10
457
DocuSign Envelope ID:CB8828D1-BDC3-46AF-81 E6-B7CB22525A2B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
EXHIBIT`B"
TOLL REVENUE LOSS
Toll Revenue Loss Calculation:
Loss of Toll Revenue is established as $ 471.00 per Detour Day per direction (i.e., souhbound, northbound).
Total loss of Toll Revenue assuming one direction per Detour Day:
Loss of Toll Revenue over a 40-day period: $ 471.00 x 40 days = $ 18,840.00
Contingency Allocation: $ 11,160.00
Total Loss of Toll Revenue: $ 30,000.00
Detours from the State Road onto Card Sound Road shall only occur between the hours of 8:00 PM and 6:00 AM
Sunday through Thursday (for example, starting Sunday night from 8:00 PM to Monday morning 6:00 AM, then
starting Monday night from 8:00 PM to Tuesday morning 6:00 AM,and so on).During construction of the Project,
the Department shall notify the Agency of any necessary State Road lane closures at least seventy two (72)hours
in advance to coordinate the Detour Days.
In the event that the Department maintains the State Road lanes closed and continues to detour traffic to Card
Sound over the approximated 40 Detour Days, the Department shall reimburse the Agency for each day over the
approximated 40 Detour Days at the rate of$471.00 per direction pursuant to this Agreement, except in the event
of Force Majeure Days as defined below.
Notwithstanding the above, in the event that the Engineer deems it necessary to maintain the State Road lanes
closed during any of the approximated 40 Detour Days as a result of conditions beyond the control of the
Department or its contractor, including, but not limited to, catastrophic events, accidents not related or caused by
the Department or its contractor's operations, etc. ("Force Majeure Days"), such Force Majeure Days will not be
counted towards the approximated 40 Detour Days under this Agreement.
Page 9 of 10
458
DocuSign Envelope ID:CB8828D1-BDC3-46AF-81 E6-B7CB22525A2B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY SYSTEM
DEPARTMENT FUNDING AGREEMENT
EXHIBIT"C"
SUPPORTING DOCUMENTS FOR AGENCY REQUESTS FOR REIMBURSEMENT
1. Email from the Department project construction administration team (Resident Engineer,
Consultant Construction Engineering and Inspection (CEI), etc.) requesting toll
suspension, identifying the date and direction for which toll suspension is requested; and
2. Email from the Card Sound Toll Authority confirming the suspension of tolls for the
requested date and direction as per the Department's request.
Page 10 of 10
459
To:Daniel.Kong@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ASz72
4/17/2024
CONTRACT INFORMATION
Contract: ASZ72
Contract Type: AK-PROJ PARTICIPATION(PROJ PART)
Method of Procurement G-GOVERMENTAL AGENCY(287.057,F.S.)
VenddrName: MONROE COUNTY BOCC
Vendor ID: F596000749114
Beginning Date of Thh;Agreement; 04/16/2024
Ending Date of This Agreement-, 07/24/2025
Contract Totaf/Budgetary Ceiiing:, ct=$30,000.00
Description: TOLL REVENUE LOSS SR 5/US-1/OVERSEAS HIGHWAY FROM MM 108.4 TO MM
112.8
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR JASON ADANK,CPA,COMPTROLLER ON 4/17/2024
Action: Original
Reviewed or Approved: APPROVED
Organization Code: 55064010606
Expahtion Option; A3
OkkjsctCade; 134000
Amount: $30,000.00
Finahciai Proj0dt: 44600515801
drk ActiAty(FCT): 016
FDA:
Fiscal Year: 2024
Pudgot Entity; 55150200
ategdry/Categdry Year: 088716/24
Arn6ndie'nt lb': 0001
;qubnce: 00
User Assigned ID:
Eno Line(6s)/Status: 0001/04
Total Amount: $30,000.00
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