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2010-135
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Last modified
2/16/2016 10:51:05 AM
Creation date
10/1/2015 2:15:18 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/01/2010
Control Number
2010-135
Agenda Item Number
8.L.
Entity Name
Florida Department of Transportation (FDOT)
Subject
Local Agency Agreement
Area
8th Street Sidewalk
Supplemental fields
SmeadsoftID
9699
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT <br /> o2ios <br /> Page 8 <br /> 8 . 00 Termination or Suspension of Project : <br /> 8 .01 Termination or Suspension Generally : The Department may , by written notice to the Agency , suspend any or all <br /> of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased <br /> or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest <br /> of the <br /> Department requires such termination . <br /> ( a) If the Department determines that the performance of the Agency is not satisfactory , the Department shall notify the <br /> Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30 ) days of such <br /> notice . Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction . If the <br /> deficiency is not corrected within such time period , the Department may either ( 1 ) immediately terminate the Agreement <br /> as set forth in paragraph 8 . ( b) below, or (2 ) take whatever action is deemed appropriate by the Department to correct the <br /> deficiency . In the event the Department chooses to take action and not terminate the Agreement , the Agency shall , upon <br /> demand , promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting <br /> the deficiency . <br /> ( b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing , <br /> with instructions to the effective date of termination or specify the stage of work at which the <br />Agreement is to be <br /> terminated . <br /> ( c) If the Agreement is terminated before the project is completed , the Agency shall be paid only for the percentage of <br />the <br /> project satisfactorily performed for which costs can be substantiated . Such payment, however, shall not exceed <br /> the <br /> equivalent percentage of the contract price . All work in progress will become the property of the Department and will be <br /> turned over promptly by the Agency . <br /> 8 . 02 Action Subsequent to Notice-of-Termination or Suspension : Upon receipt of any final termination or suspension <br /> notice under this paragraph , the Agency shall proceed promptly to carry out the actions required therein <br /> which may <br /> include any or all of the following : (a) necessary action to terminate or suspend , as the case may be , project activities <br /> and <br /> contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of <br /> which <br /> the financing is to be computed ; ( b) furnish a statement of the project activities and contracts and other undertakings <br /> the <br /> cost of which are otherwise includable as project costs . The termination or suspension shall be carried out in conformity <br /> with the latest schedule , plan , and cost as approved by the Department or upon the basis of terms <br /> and conditions <br /> imposed by the Department upon the failure of the Agency to furnish the schedule , plan , and estimate within a reasonable <br /> time . The closing out of federal financial participation in the project shall not constitute a waiver of any claim which <br /> the <br /> Department may otherwise have arising out of this Agreement. <br /> 9 . 00 Contracts of Agency : <br /> 9 . 01 Third Party Agreements : Except as otherwise authorized in writing by the Department, the Agency shall <br /> not <br /> execute any contract or obligate itself in any manner requiring the disbursement of Department funds , including consultant <br /> or construction contracts or amendments thereto , with any third party with respect to the project without <br /> the written <br /> approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. <br /> The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to <br /> approve or disapprove the employment of the same . <br /> 9 . 02 Compliance with Consultants' Competitive Negotiation Act : It is understood and agreed by the parties hereto <br /> that participation by the Department in a project with the Agency , where said project involves a consultant contract <br /> for <br /> engineering , architecture or surveying services , is contingent on the Agency ' s complying in full with provisions of Section <br /> 287 . 055 , Florida Statutes , Consultants ' Competitive Negotiation Act. At the discretion of the Department , the Agency will <br /> involve the Department in the consultant selection process for all projects . In all cases , the Agency' s attorney shall certify <br /> to the Department that selection has been accomplished in compliance with the Consultants ' Competitive Negotiation Act. <br /> 10 .00 Disadvantaged Business Enterprise ( DBE ) Policy and Obligation : It is the policy of the Department that DBE ' s , <br /> as defined in 49 C . F . R . Part 26 , as amended , shall have the opportunity to participate in the performance <br /> of contracts <br /> financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and <br /> state laws and regulations apply to this Agreement. <br /> The Agency and its contractors agree to-ensure that DBE ' s have the opportunity to participate in the performance of this <br />
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