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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 <br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT <br />ovls <br />Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with. <br />the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. <br />Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design <br />phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient <br />shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the <br />construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall <br />request a Notice to Proceed from the Department. <br />4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual <br />written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by <br />the Recipient under any circumstances without the prior written consent of the Department. <br />5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or <br />all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws <br />or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or <br />been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of <br />the Department requires such termination. <br />a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination <br />in writing within thirty (30) days of the Department's determination to terminate the Agreement, with <br />instructions as to the effective date of termination or to specify the stage of work at which the Agreement is <br />to be terminated. <br />b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce <br />beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree <br />upon the termination conditions through mutual written agreement. <br />c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that <br />work satisfactorily performed for which costs can be substantiated. Such payment, however, may not <br />exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily <br />completed is a percentage of the total work called for by this Agreement. All work in progress on the <br />Department right-of-way will become the property of the Department and will be turned over promptly by <br />the Recipient. <br />d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department <br />any funds determined by the Department to have been expended in violation of this Agreement. <br />6. Project Cost: <br />a. The estimated cost of the Project is $4.073.870.00. This amount is based upon the Schedule of Financial <br />Assistance in Exhibit "B", attached and incorporated in this Agreement. The Schedule of Financial <br />Assistance may be modified by execution of an amendment of the Agreement by the Parties. <br />b. The Department agrees to participate in the Project cost up to the maximum amount of $1.946.618.00 and, <br />additionally the Department's participation in the Project shall not exceed 75% of the total cost of the Project, <br />and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's <br />participation may be increased or reduced upon a determination of the actual bid amounts of the Project by <br />the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the <br />Department's participation and any cost overruns or deficits incurred in connection with completion of the <br />Project. <br />c. The Department's participation in eligible Project costs is subject to, but not limited to: <br />I. Legislative approval of the Department's appropriation request in the work program year that the <br />Project is scheduled to be committed; <br />Page 2 of 14 <br />