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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 <br />PROGRAMMANAGEMENT <br />-010-40 <br />LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC 0922 <br />Page 8 of 15 <br />The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this <br />Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the <br />event or condition resulting in such suspension has ceased or been corrected. <br />a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such <br />termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to <br />the effective date of termination or specify the stage of work at which the Agreement is to be terminated. <br />b. The Parties to this Agreement may 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. <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 the equivalent percentage of the Department's maximum financial assistance. If any portion of the <br />Project is located on the Department's right-of-way, then all work in progress on the Department right-of- <br />way will become the property of the Department and will be turned over promptly by the Recipient. <br />d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the <br />Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the <br />Agreement any funds that were determined by the Department to have been expended in violation of the <br />Agreement. <br />e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to <br />comply with the Public Records provisions of Chapter 119, Florida Statutes. <br />10. Contracts of the Recipient: <br />a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract <br />or obligate itself in any manner requiring the disbursement of Department funds, including consultant or <br />construction contracts or amendments thereto, with any third party with respect to the Project without the <br />written approval of the Department. Failure to obtain such approval shall be sufficient cause for <br />nonpayment by the Department. The Department specifically reserves the right to review the qualifications <br />of any consultant or contractor and to approve or disapprove the employment of such consultant or <br />contractor. <br />b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project <br />with the Recipient, where said project involves a consultant contract for engineering, architecture or <br />surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, <br />Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 <br />U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant <br />selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to <br />the Department that selection has been accomplished in compliance with the Consultants' Competitive <br />Negotiation Act and the federal Brooks Act. <br />c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable <br />federal law pertaining to the use of Federal -aid funds. The Recipient shall comply with the provisions in the <br />FHWA-1273 form as set forth in Exhibit "G", FHWA 1273 attached to and incorporated in this Agreement. <br />The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project. <br />d. The Recipient shall require its consultants and contractors to take emergency steps to close any public <br />road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling <br />public is the Department's first priority for the Recipient. If lane or road closures are required by the LA to <br />ensure the life, health, and safety of the travelling public, the LA must notify the District Construction <br />Engineer and District Traffic Operations Engineer immediately once the travelling public are not at imminent <br />risk. The Department expects professional engineering judgment be applied in all aspects of locally <br />delivered projects. Defect management and supervision of LAP project structures components must be <br />