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HomeMy WebLinkAbout2012-208 A TRUE COPY $ . CERTIFICATION ON LAST PAGE ao /a J . R . SMITH , CLERK 525=01M2 • PRODUCTION SUPPORT 09/11 d ' �o • Td ALL. UJ L, L1AM S Page I of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN ONE LOCAL AGENCY PROGRAM 425710=1 -5801 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT AQW64 The Florida Deoartment of Transportation and Indian River County desires to supplement the original Agreement entered into and executed on June 5m, 2012 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name Old Dixie Highway Length 2. 149 Miles Termini 8t' Street to 20th Description of Work: Construction of a 5' sidewalk along the east side of Old Dixie Highway from 8u' Street to 20" Street. Reason for Supplement and supporting engineering and/or cost analysis: The terms of the original Agreement, referenced above, are hereby amended as follows: This Supplemental Agreement decreases the Total Federal Funds in the Original Agreement by $586,444. 13, as explained below. Total Bid Amount $3259518.37 Non-Participating Items ($301000.00) Total Participating Items $295,518 .37 Change Order #1 Additional Drainage Work $3,809.60 CEI Costs $48,602.90 Total Project Costs (Participating Items + CEI) $3470930.87 of Paragraph 3.01 of the Original Agreement is hereby amended to adjust the total costvof the project to $347,930.87. Of Exhibit 1 and exhibit A included in the Original Agreement Is hereby amended to adjust the amount of Federal Funds to $347,930.87. - See Exhibit B attached hereto and made a part hereof which replaces Exhibit B attached to the original Agreement. � rf�d dao « 525-010-32 PRODUCTION SUPPORT 09/11 Pae 1 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN ONE LOCAL AGENCY PROGRAM 425710-1 -58-01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-9394102 AGREEMENT AQW64 The Florida Deoartment of Transaortation and Indian River County desires to supplement the original Agreement entered into and executed on June 5'. 2012 as identified above . All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name Old Dixie Highway Length 2 . 149 Miles Termini 8"' Street to 20th Description of Work: Construction of a 5' sidewalk along the east side of Old Dixie Highway from 8`" Street to 20'' Street. Reason for Supplement and supporting engineering and/or cost analysis: The terms of the original Agreement, referenced above, are hereby amended as follows: This Supplemental Agreement decreases the Total Federal Funds in the Original Agreement by $586,444 .13, as explained below. Total Bid Amount $3259518 .37 Non-Participating Items ($309000.00) Total Participating Items $2951518 .37 Change Order #1 Additional Drainage Work $3,809 .60 CEI Costs $48,602. 90 Total Project Costs (Participating Items + CEI) $347,930.87 - Paragraph 3.01 of the Original Agreement is hereby amended to adjust the total cost�of the project to $347,930 .87 . - Exhibit 1 and exhibit A included in the Original Agreement is hereby amended to adjust the amount of Federal Funds to $347,930 .87 . - See Exhibit B attached hereto and made a part hereof which replaces Exhibit B attached to the original Agreement. i 525-010-32 PRODUCTION SUPPORT 09111 ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 2 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN ONE LOCAL AGENCY PROGRAM 425710A1 58-01 SUPPLEMENTAL CONTRACT NO. DUNS NO, AGREEMENT 80-939-7102 AQW64 FUNDING TYPE OF WORK B Fiscal Year U TI NT (a> (5) Y PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL STATE & PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: FY: FY: FY: Total Planning Cost 0.00 0.000.00 0 .00 0.00 Project Development & Environment (PD&E) FY: FY: FY: FY: FY: FY: Total PD&E Cost 0.00 0 .00 0.00 0 .00 0.00 Design FY: FY: FY: FY: FY: FY: Total Design Cost 0.00 0.00 0.00 $0 .00 0.00 Right-of-Way FY: FY: FY: FY: FY: FY: Total RigWofmWay Cost 0 .00 0.00 Jug $0600 0.00 Construction FY: 2006-2007 FY: 2007=2008 FY: 20082009 FY: 2009-2010 FY: 20114012 SR2S $934.375.00 ($586.444. 13) $347.930.87 $347.930.87 FY: Total Construction Cost $934,375600 586 444. 13 347 930.87 1 $0,00 347 930.87 Construction Engineering and Inspection (CEI) ' FY: FY: FY: FY: FY: FY: Total CEI Cost 0.00 0.00 10000 10600 $0 ,00 Total Construction & CEI Costs 934 375.00 ($586A440131 347 930.87 0.00 347 930'87 TOTAL COST OF THE $934.375.00 ($586.444. 13) $347.930.87 $0.00 $347.930.87 PROJECT A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK 526.010.32 PRODUCTION SUPPORT 09/11 ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 2 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN ONE LOCAL AGENCY PROGRAM 425710-1 -58-01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-9394102 AQW64 FUNDING TYPE OF WORK By Fiscal Year PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL(AGENCY TOTALSTATE & PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: FY: FY: FY: Total Plannina Cost 10600 0.00 0.00 0.00 $0000 Project Development & Environment (PD&E) FY: FY: FY: FY: FY: FY: Total PD&E Cost j0000 0.00 0.00 0.00 $0,00 Design FY: FY: _ FY: FY: FY: FY: Total Desion Cost 0.00 10.Lo 0.000.00 $0000 Right-of--Way FY: FY: — FY: FY: FY: FY: Total RI ht-ofVa Cost $0000 0.00 $0,00 0.00 10000 Construction FY: 2006=2007 FY: 2007=2008 FY: 2008=2009 FY: 20094010 FY: 20114012 SR2S $934.375.00 ($586.444. 13) $347.930.87 $347.930.87 .FY: Total Construction Cost 934 375.00 5 6 . 13 347 930.87 10600 S§L74930.87 Construction Engineering and Inspection (CEI) FY: FY: FY: FY: FY: FY: Total CEI Cost 0.00 0.00 $0.00 $0.00 0.00 Total Construction & CEI Costs 37 5.0 ($586w4449131 3 7 930. 7 0 $347a930987 TOTAL COST OF THE $934.375.00 ($586.444.13) $347.930.87 $0.00 $347.930.87 PROJECT do 525-01032 PRODUCTION SUPPORT 09/11 Page 3 of, 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM ONE SUPPLEMENTAL a2s71a1 -58 01 DUNS NO. AGREEMENT CONTRACT NO, 80-9394102 AQN-64 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written . p1n,YYYY4ngg4 906 bea , * 09 4P AGENCY INDIAN RIVER COUNTY +°% . two AA 15�STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION - By: ApU ; : ds u : : Ll. •. e: Joseph F es er Name: Gerry O'Reilly, P.E . I Cosa ``� ' ' �C,`�;` Title: Director of Transportation Development ry;,, Attest: " " " " " 4" Attest: Name: ifo� ' Title:e. CLERK CIRCUIT COIJaT Title: November 20 , 2012 Date: Date: Legal Review: See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA INDIAN RIVER COUNTY ,.• �Q:•• • d0 'y+ THI818 TO CERTIFY T AT THIS IS a Gj= A TRUE AND CORRE COP F y THE ORIGINAL O LEI ; c OFFICE . ad J SMIT RK � i� : a O.C. °°f7� Q 525010.32 PRODUCTION SUPPORT 09/11 Page 3 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN ONE LOCAL AGENCY PROGRAM 425710-1 -58-01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 AQW64 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written . ••••••"u"Sn"44 �yGpN1MISS�� AGENCY INDIAN RIVER COUNTY ,• J�' J' •; STATE OF FLORIDA DEPARTMENT OF TRANS N a. O • By: • o�nBy: z Nam J eph Fl Ch r '�. . •, p�.� Name: rryO' Billy, P . E . Titl Chairman ••• O� a Title: Director of Transportation Devel e� .q , ." Reman an " "• Attest: b ID . G • Attest: / OF TRP fojj Name: J . R . SMITiC Name: 1hdwTw Go Title: CLEAK CIRCUIT COURT Title: 4Ay ,,v,;, 44.1 t'6 Date: November 20 , 2012 Date: Legal Review: '�" �� ` J/O/Le I X See attached Encumbrance Form for date of funding approval by roller. i A TRUE COPY 9 CERTIFICATION ON LAST PAGE RESOLUTION NO. 2012m 115 J . R . SMITH , CLERK A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A SUPPLEMENTAL AGREEMENT FOR THE SIDEWALK CONSTRUCTION ON OLD DIXIE HIGHWAY FROM 8TH STREET TO 20TH STREET WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a LOCAL AGENCY PROGRAM AGREEMENT on May 22, 2012, in which the State of Florida, Department of Transportation agreed to provide funding to the County in connection with the sidewalk construction on Old Dixie Highway from 8' Street to 20" Street in Indian River County, Florida for FM# 425710- 1-5&01 and hereinafter referred to as the PROJECT in the amount of $934,475 . 00. WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this SUPPLEMENTAL AGREEMENT, for reduction of funds in the amount of $ 586,444. 13 for the aforementioned project, resulting in remaining funds of $ 34790930. 87 . NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS . 1 . Approves SUPPLEMENTAL AGREEMENT to the LOCAL AGENCY PROGRAM AGREEMENT (FM # 4257104 -5 &01 ) between State of Florida, Department of Transportation and Indian River County; and 2 . Authorizes the Chairman to execute SUPPLEMENTAL AGREEMENT; and 3 . Directs the County Engineer to transmit the executed SUPPLEMENTAL AGREEMENT to the State of Florida, Department of Transportation. THIS RESOLUTION was offered by Commissioner Davis who moved its adoption. The motion was seconded by Commissioner zorc , and upon being put to a vote, the vote was as follows . Commissioner Peter D . O 'Bryan Ave Commissioner Wesley S . Davis AAS Commissioner Bob Solari Aye Commissioner Joseph E. Flescher Ate_ Commissioner Tim Zorc Aye FAPublic Wodm\ENGINEERING DIVISION PRO]ECfSU 102-0Id Dixie Hwy Swk 8th St to SR 60-IAFAdmim\egen& itemARCC Agn Resolution FDOT Supp Agra 11-02- 12.doc � rf�d dao « 525-010-32 PRODUCTION SUPPORT 09/11 Pae 1 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN ONE LOCAL AGENCY PROGRAM 425710-1 -58-01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-9394102 AGREEMENT AQW64 The Florida Deoartment of Transaortation and Indian River County desires to supplement the original Agreement entered into and executed on June 5'. 2012 as identified above . All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name Old Dixie Highway Length 2 . 149 Miles Termini 8"' Street to 20th Description of Work: Construction of a 5' sidewalk along the east side of Old Dixie Highway from 8`" Street to 20'' Street. Reason for Supplement and supporting engineering and/or cost analysis: The terms of the original Agreement, referenced above, are hereby amended as follows: This Supplemental Agreement decreases the Total Federal Funds in the Original Agreement by $586,444 .13, as explained below. Total Bid Amount $3259518 .37 Non-Participating Items ($309000.00) Total Participating Items $2951518 .37 Change Order #1 Additional Drainage Work $3,809 .60 CEI Costs $48,602. 90 Total Project Costs (Participating Items + CEI) $347,930.87 - Paragraph 3.01 of the Original Agreement is hereby amended to adjust the total cost�of the project to $347,930 .87 . - Exhibit 1 and exhibit A included in the Original Agreement is hereby amended to adjust the amount of Federal Funds to $347,930 .87 . - See Exhibit B attached hereto and made a part hereof which replaces Exhibit B attached to the original Agreement. i 525-010-32 PRODUCTION SUPPORT 09111 ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 2 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN ONE LOCAL AGENCY PROGRAM 425710A1 58-01 SUPPLEMENTAL CONTRACT NO. DUNS NO, AGREEMENT 80-939-7102 AQW64 FUNDING TYPE OF WORK B Fiscal Year U TI NT (a> (5) Y PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL STATE & PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: FY: FY: FY: Total Planning Cost 0.00 0.000.00 0 .00 0.00 Project Development & Environment (PD&E) FY: FY: FY: FY: FY: FY: Total PD&E Cost 0.00 0 .00 0.00 0 .00 0.00 Design FY: FY: FY: FY: FY: FY: Total Design Cost 0.00 0.00 0.00 $0 .00 0.00 Right-of-Way FY: FY: FY: FY: FY: FY: Total RigWofmWay Cost 0 .00 0.00 Jug $0600 0.00 Construction FY: 2006-2007 FY: 2007=2008 FY: 20082009 FY: 2009-2010 FY: 20114012 SR2S $934.375.00 ($586.444. 13) $347.930.87 $347.930.87 FY: Total Construction Cost $934,375600 586 444. 13 347 930.87 1 $0,00 347 930.87 Construction Engineering and Inspection (CEI) ' FY: FY: FY: FY: FY: FY: Total CEI Cost 0.00 0.00 10000 10600 $0 ,00 Total Construction & CEI Costs 934 375.00 ($586A440131 347 930.87 0.00 347 930'87 TOTAL COST OF THE $934.375.00 ($586.444. 13) $347.930.87 $0.00 $347.930.87 PROJECT I� RESOLUTION NO, 2012- 115 The Chairman thereupon declared the resolution passed and adopted this 20th day of November 92012s BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA . pa��p,N,pDO ,unRunrqo ','.. S`pNERS ry, °C*,j ay By rv: � ; os _ h Flescher , Chairman : Z : LIZ 46 Approved as to Form and Legal Sufficiency. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller (, 92 William K. DeBraal, Deputy ounty Attorney eputy Approved . By: Q _ Josep/PleBaird, County Administrator �` RaRnn nn RR " n„R ♦R MISS� n�in4 ;; T OF FLORIDA Fc� :• � '• � SiaiAN RIVER COUNTY t :•! iG IS TO CERTIFYTHATTHI818 Qa �4 � .• 9 AND CORRECT COPY OF . �• O GINAL ON FILE IN THIS � •• .�� . 2P ? a Y R . K °O4nRNER CaVN."a° R� F:\Public Works\ENGDMRINO DIVISION FROMCfSV 102-okl Dixie Hwy Swk 8th St to SR 60-IAF\Admim\agenda itewq= Agn Resolution FDOT Supp Agree 11-02- 12.doc 525010.32 PRODUCTION SUPPORT 09/11 Page 3 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN ONE LOCAL AGENCY PROGRAM 425710-1 -58-01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 AQW64 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written . ••••••"u"Sn"44 �yGpN1MISS�� AGENCY INDIAN RIVER COUNTY ,• J�' J' •; STATE OF FLORIDA DEPARTMENT OF TRANS N a. O • By: • o�nBy: z Nam J eph Fl Ch r '�. . •, p�.� Name: rryO' Billy, P . E . Titl Chairman ••• O� a Title: Director of Transportation Devel e� .q , ." Reman an " "• Attest: b ID . G • Attest: / OF TRP fojj Name: J . R . SMITiC Name: 1hdwTw Go Title: CLEAK CIRCUIT COURT Title: 4Ay ,,v,;, 44.1 t'6 Date: November 20 , 2012 Date: Legal Review: '�" �� ` J/O/Le I X See attached Encumbrance Form for date of funding approval by roller. CERTIFIGAi ( un v . . - RESOLUTION NO. 2012- 115 J . R . SMITH , CLERK A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A SUPPLEMENTAL . AGREEMENT FOR THE SIDEWALK CONSTRUCTION ON OLD DIXIE HIGHWAY FROM 8TH STREET TO 20' STREET WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a LOCAL AGENCY PROGRAM AGREEMENT on May 22, 2012, in which the State of Florida, Department of Transportation agreed to Provide funding to the County in connection with the sidewalk construction on Old Dixie Highway from 8`h Street to 20th Street in Indian River County, Florida for FM# 425710- 1-58-01 and hereinafter referred to as the PROJECT in the amount of $934,475 .00, WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this SUPPLEMENTAL AGREEMENT, for reduction of funds in the amount of $586,444. 13 for the aforementioned project, resulting in remaining funds of $347, 930. 87, g COUNTY BOAR TNOWHEREFORE, BE IT OF COUNTY COMMISSIONERS . BY THE I'll RIVER MMISSIONERS : 1 Approves SUPPLEME PROGRAM AG NTAL AGREEMENT to Department of Transp NT (FM # 425.710- 1 - the LOCAL ansportation 58-01) betty AGENCY and Indian River Co between State of Florida, 2' Authorizes the Ch untY, and Chairman to execute SUPPLEMENTAL 3 • Affects the � E AGREEME Cour NT; and EMEIVT to the StateEngineer to ofFlorid.,�smit the executed S epartment of Trans UPpLB1�lE ^AL P i A TRUE COPY 9 CERTIFICATION ON LAST PAGE RESOLUTION NO. 2012m 115 J . R . SMITH , CLERK A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A SUPPLEMENTAL AGREEMENT FOR THE SIDEWALK CONSTRUCTION ON OLD DIXIE HIGHWAY FROM 8TH STREET TO 20TH STREET WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a LOCAL AGENCY PROGRAM AGREEMENT on May 22, 2012, in which the State of Florida, Department of Transportation agreed to provide funding to the County in connection with the sidewalk construction on Old Dixie Highway from 8' Street to 20" Street in Indian River County, Florida for FM# 425710- 1-5&01 and hereinafter referred to as the PROJECT in the amount of $934,475 . 00. WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this SUPPLEMENTAL AGREEMENT, for reduction of funds in the amount of $ 586,444. 13 for the aforementioned project, resulting in remaining funds of $ 34790930. 87 . NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS . 1 . Approves SUPPLEMENTAL AGREEMENT to the LOCAL AGENCY PROGRAM AGREEMENT (FM # 4257104 -5 &01 ) between State of Florida, Department of Transportation and Indian River County; and 2 . Authorizes the Chairman to execute SUPPLEMENTAL AGREEMENT; and 3 . Directs the County Engineer to transmit the executed SUPPLEMENTAL AGREEMENT to the State of Florida, Department of Transportation. THIS RESOLUTION was offered by Commissioner Davis who moved its adoption. The motion was seconded by Commissioner zorc , and upon being put to a vote, the vote was as follows . Commissioner Peter D . O 'Bryan Ave Commissioner Wesley S . Davis AAS Commissioner Bob Solari Aye Commissioner Joseph E. Flescher Ate_ Commissioner Tim Zorc Aye FAPublic Wodm\ENGINEERING DIVISION PRO]ECfSU 102-0Id Dixie Hwy Swk 8th St to SR 60-IAFAdmim\egen& itemARCC Agn Resolution FDOT Supp Agra 11-02- 12.doc I� RESOLUTION NO, 2012- 115 The Chairman thereupon declared the resolution passed and adopted this 20th day of November 92012s BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA . pa��p,N,pDO ,unRunrqo ','.. S`pNERS ry, °C*,j ay By rv: � ; os _ h Flescher , Chairman : Z : LIZ 46 Approved as to Form and Legal Sufficiency. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller (, 92 William K. DeBraal, Deputy ounty Attorney eputy Approved . By: Q _ Josep/PleBaird, County Administrator �` RaRnn nn RR " n„R ♦R MISS� n�in4 ;; T OF FLORIDA Fc� :• � '• � SiaiAN RIVER COUNTY t :•! iG IS TO CERTIFYTHATTHI818 Qa �4 � .• 9 AND CORRECT COPY OF . �• O GINAL ON FILE IN THIS � •• .�� . 2P ? a Y R . K °O4nRNER CaVN."a° R� F:\Public Works\ENGDMRINO DIVISION FROMCfSV 102-okl Dixie Hwy Swk 8th St to SR 60-IAF\Admim\agenda itewq= Agn Resolution FDOT Supp Agree 11-02- 12.doc