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2022-048
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2022-048
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Entry Properties
Last modified
4/6/2022 11:27:00 AM
Creation date
4/6/2022 11:24:31 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/08/2022
Control Number
2022-046
Agenda Item Number
8.D.
Entity Name
Florida Department of Transportation
Subject
Small County Outreach Program (SCOP) Agreement
CR-603/Indian River Blvd from Merrill Barber Bridge
to 53rd Street (filed with Res 2022-015)
Document Relationships
2022-015
(Cover Page)
Path:
\Resolutions\2020's\2022
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DocuSign Envelope ID: 21316A1F0-9890-4B32-13498-9507F21BA43136 <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.80 <br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT <br />1 or2o2o <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 $ 4,493.208.00. This amount is based upon the Schedule of Financial <br />Assistance in Exhibit "B", Schedule of Financial Assistance, attached and incorporated in this <br />Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the <br />Agreement by the Parties. <br />b. The Department agrees to participate in the Project cost up to the maximum amount of $3,369,906.00 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". The Department's participation may be increased or reduced <br />upon a determination of the actual bid amounts of the Project by the execution of an amendment. The <br />Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any <br />cost overruns or deficits incurred in connection with completion of the 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 />
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