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2019-033
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DocuSign Envelope ID: 01899E69-0508-47AA-8D43-72282BC6EBA9 <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 <br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGE 02/19 <br />Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit <br />"F", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement <br />if a portion of the Project will be located on FDOT's right of way. <br />f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- <br />006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 750-000-002). <br />g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the <br />Department's Construction Project Manager prior to commencing construction of the Project. The <br />Department will specify the number of copies required and the required format. <br />The Recipient shall require the Recipient's contractor to post a payment and performance bond in <br />accordance with applicable law. <br />L The Recipient shall be responsible to ensure that the construction work under this Agreement is performed <br />in accordance with the approved construction documents, and that it will meet all applicable Recipient and <br />Department standards. <br />Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in <br />writing of the completion of construction of the Project; and for all design work that originally required <br />certification by a Professional Engineer, this notification shall contain an Engineers Certification of <br />Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and <br />incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state <br />that work has been completed in compliance with the Project construction plans and specifications. If any <br />deviations are found from the approved plans, the certification shall include a list of all deviations along with <br />an explanation that justifies the reason to accept each deviation. <br />k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through <br />the Agreement prior to final inspection. <br />11. Maintenance Obligations: In the event the Project includes construction then the following provisions are <br />incorporated into this Agreement: <br />a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System <br />constructed under this Agreement for its useful life. If the Recipient constructs any improvement on <br />Department right-of-way, the Recipient <br />❑ shall <br />® shall not <br />maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient <br />is required to maintain Project improvements located on the Department right-of-way beyond final <br />acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this <br />Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the <br />Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and <br />incorporated into this Agreement as Exhibit "E". This provision will survive termination of this Agreement. <br />12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this <br />Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the <br />authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial <br />assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. <br />The Recipient shall comply with all audit and audit reporting requirements as specified below. <br />a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring <br />procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on- <br />site visits by Department staff and/or other procedures including, reviewing any required performance and <br />financial reports, following up, ensuring corrective action, and issuing management decisions on <br />weaknesses found through audits when those findings pertain to state financial assistance awarded through <br />Page 7 of 14 <br />
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