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525-010.40
<br />CONSTRUCTION
<br />OGC -11103
<br />Page 9 of 12
<br />13.06 State Law: Nothing in the Agreement shall requite 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 Department in writing in
<br />order that appropriate changes and modifications may be made by the Department and the Agency to the 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, defend, save, and hold
<br />harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
<br />expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees 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 the Agency in the
<br />performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
<br />The Agency and the Department will evaluate the claim and report their findings to each other within 14 working.days and
<br />will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
<br />require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
<br />claim as described in this section. The Department's failure to promptly notify .the Agency of a claim shall not act as a
<br />waiver of any right herein to require the participation in or defense of the claimby the Agency. The Department and the
<br />Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if 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 obtain 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 Agency 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 project 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 plural. 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 agreement.
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