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2022-116
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2022-116
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Last modified
6/27/2022 11:31:05 AM
Creation date
6/27/2022 11:29:59 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/14/2022
Control Number
2022-116
Agenda Item Number
8.J.
Entity Name
Florida Department of Transportation (FDOT)
Subject
Transportation Regional Incentive Program Agreement for
CEI and Construction of 66 th Avenue from 69 th Street to CR-510/85th Street
Document Relationships
2022-032
(Cover Page)
Path:
\Resolutions\2020's\2022
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DocuSign Envelope ID: 544A6C99-6080-4485-A93B-5BEB86A03FB3 <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 <br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT <br />osizl <br />files shall not constitute a waiver of the Department's rights as the funding agency to verify all information <br />at a later date by audit or investigation. <br />In determining the amount of the payment, the Department will exclude all Project costs incurred by the <br />Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, <br />costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved <br />Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient <br />or its contractors and subcontractors for not meeting the Project commencement and final invoice time <br />lines, and costs attributable to goods or services received under a contract or other arrangements which <br />have not been approved in writing by the Department. <br />B. General Requirements: <br />The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, <br />and in accordance with the provisions in this Agreement and all applicable laws. <br />a. The Recipient must obtain written approval from the Department prior to performing itself (through the <br />efforts of its own employees) any aspect of the Project that will be funded under this Agreement. <br />❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following <br />provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase <br />of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this <br />excludes general overhead). <br />b. The Recipient shall provide to the Department certification and a copy of appropriate documentation <br />substantiating that all required right-of-way necessary for the Project has been obtained. Certification is <br />required prior to authorization for advertisement for or solicitation of bids for construction of the Project, <br />including if no right-of-way is required. <br />c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and <br />conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. <br />d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the <br />Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or <br />additional work on the Project under this Agreement without the prior written approval of the claim or request <br />for additional work by Department. <br />9. Contracts of the Recipient <br />a. The Department has the right to review and approve any and all third party contracts with respect to the <br />Project before the Recipient executes any contract or obligates itself in any manner requiring the <br />disbursement of Department funds under this Agreement, including consultant or construction contracts or <br />amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, <br />the Department may deny payment to the Recipient. The Department may review the qualifications of any <br />consultant or contractor and to approve or disapprove the employment of such consultant or contractor. <br />b. It is understood and agreed by the parties hereto that participation by the Department in a project that <br />involves the purchase of commodities or contractual services or the purchasing of capital equipment or the <br />equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per <br />Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of <br />Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of <br />commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida <br />Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance <br />with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, <br />construction change orders, or any other agreement that would result in exceeding the current budget <br />contained in Exhibit "B", or that are not consistent with the Project description and scope of services <br />contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to <br />Page 5 of 14 <br />
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