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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 316,314o A6 $•K 525-010-40 SPECIFICATIONS AND ESTIMATES OM— 12/14 Page 1 FPN: 431728-1-58/68-01 Federal No: 8886-444-A FPN. Federal No: FPN. Federal No: FPN. Federal No: County No:88 Fund: TALL, TALT, SE FLAIR Approp: Org Code: 55043010404 FLAIR Obj: Fund. FLAIR Approp: Org Code: FLAIR Obj: Fund- FLAIR Approp- Org Code: FLAIR Obj: Fund: FLAIR Approp: Org Code: Contract No: �`"_ FLAIR Obj: 12-1"—Ola Vendor No: F-596000673026 Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 079208989 Catalog of Federal Domestic Assistance (CFDA). 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of 1. 1, OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency Department, and Indian River County hereinafter called the Agency. WITNESSETH. of the State by and between the STATE of Florida, hereinafter called the WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in 87'h Street from 101st Avenue to CR -510 and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "Project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A,B, and 1 are attached and made a part hereof 2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Departments Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein Time is of the essence as to each and every obligation under this Agreement. A full time employee'of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of the Project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP Projects.