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2022-193
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Last modified
10/27/2022 12:40:40 PM
Creation date
10/27/2022 12:40:36 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/04/2022
Control Number
2022-193
Agenda Item Number
12.G.1.
Entity Name
Florida Department of Transportation (FDOT)
Subject
Supplemental Agreement No. 3 to Agreement FM No. 431759-2-54-01.for
Construction of Intersection Improvements at SR 60 and 43rd Avenue.
Contract No. G-0K60
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S TAU f)h F I nfmA(of FAN Mf N1 Of I NANSFIoN1AlInN 525-010-60 <br /> STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT <br /> 05/21 <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 /> n. 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 /> 8. 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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