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525-010-40
<br /> CONSTRUCTION
<br /> OGC - 11/03
<br /> Pape 9 of 12
<br /> 13 . 06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
<br /> thereof, perform any other act or do any other thing in contravention of any applicable state law, provided , that if any of the
<br /> provisions of the Agreement violate any applicable state law, the Agency will at once notify the DepartrT ent in writing in
<br /> order that appropriate changes and modifications may be made by the Department and the Agency tote end that the
<br /> Agency may proceed as soon as possible with the project.
<br /> 13 .07 Contractual Indemnity : To the extent permitted by law, the Agency shall indemnify , defe d , save , and
<br /> hold
<br /> harmless the Department and all its officers , agents and employees from any claim , loss , damage , cost, charge
<br /> or
<br /> expense arising out of any act, error, omission or negligent act by the Agency , its officers , agents oremployees during the
<br /> performance of the Agreement except that neither the Agency , its officers , agents or its employees will be liable under this
<br /> paragraph for any claim , loss , damage , cost, charge or expense arising out of any act, error, omission or negligent act by
<br /> the Department or any of its officers , agents or employees during the performance of the Agreement.
<br /> When the Department receives a notice of claim for damages that may have been caused by he Agency
<br /> in the
<br /> performance of services required under this Agreement, the Department will immediately forward the cl im to the Agency .
<br /> The Agency and the Department will evaluate the claim and report their findings to each other within 1 working days and
<br /> will jointly discuss options in defending the claim . After reviewing the claim , the Department will de ermine whether
<br /> to
<br /> require the participation of the Agency in the defense of the claim or to require the Agency defend the epartment in such
<br /> claim as described in this section . The Department's failure to promptly notify the Agency of a claim shall not
<br /> act as a
<br /> waiver of any right herein to require the participation in or defense of the claim by the Agency . The Department and
<br /> the
<br /> Agency will each pay its own expenses for the evaluation , settlement negotiations , and trial , if any . H wever, if
<br /> only one
<br /> party participates in the defense of the claim at trial , that party is responsible for all expenses at trial .
<br /> The parties agree that this clause shall not waive the benefits or provisions of Section 768 .28 , Florida Statutes , or any
<br /> similar provision of law.
<br /> 13 .08 Plans and Specifications : In the event that this Agreement involves constructing and equipping of facilities on the
<br /> State Highway System , the Agency shall submit to the Department for approval all appropriate plans and specifications
<br /> covering the project. The Department will review all plans and specifications and will issue to the Agency written approval
<br /> with any approved portions of the project and comments or recommendations covering any remainder of the project
<br /> deemed appropriate . After resolution of these comments and recommendations to the Department's satisfaction , the
<br /> Department will issue to the Agency written approval regarding the remainder of the project. Failure to Dbtain this written
<br /> approval shall be sufficient cause for nonpayment by the Department.
<br /> 13 .09 Right of Way Certification : Upon completion of right of way activities on the project, the Agenc must certify
<br /> compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
<br /> solicitation of bids for construction of the project, including those projects for which no right of way is required .
<br /> 13 . 10 Agency Certification : The Agency will certify in writing , prior to project closeout, that the projec was completed
<br /> in accordance with applicable plans and specifications , is in place on the Agency facility , that adequate title is in the
<br /> Agency , and that the project is accepted by the Agency as suitable for the intended purpose.
<br /> 13 . 11 Agreement Format: All words used herein in the singular form shall extend to and include the p ural . All words
<br /> used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
<br /> all genders .
<br /> 13 . 12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts ,
<br /> each of which so executed shall be deemed to be an original , and such counterparts together shall constitute one in the
<br /> same instrument.
<br /> 13 . 13 Restrictions on Lobbying :
<br /> Federal : The Agency agrees that no federally appropriated funds have been paid , or will be paid by or on behalf of the
<br /> Agency , to any person for influencing or attempting to influence any officer or employee of any federal agency , a member
<br /> of Congress an officer or employee of Congress , or an employee of a member of Congress in connection with the
<br /> awarding of any federal contract, the making of any federal grant, the making of any federal loan , the entering into of any
<br /> cooperative agreement, and the extension , continuation , renewal , amendment or modification of any federal contract,
<br /> grant, loan , or cooperative aqreement.
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