2023-104 - Laserfiche WebLink

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT j. Public Safety. The Agency is responsible for ensuring the safety of the public during all phases of Project construction. The Agency and its contractors shall request authority to and take appropriate action to restrict or prohibit travel on any public road when required to protect the traveling public. The Agency shall follow Department procedures for road closures. Notwithstanding anything to the contrary in any Department or other governmental procedure, if the Agency, or its contractors, become aware of circumstances related to the Project that could present an imminent risk of harm to the travelling public, the Agency shall, and shall require its contractors to, immediately take all appropriate steps to protect the public, including requesting immediate closure of any transportation facility. k. Completion of Construction. Upon completion of the work authorized by this Agreement, the Agency shall certify to the Department in writing, in the form attached as Exhibit F, that construction of the Project has been completed. For all Project work that originally required certification by a professional engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a professional engineer, the form of which is attached as Exhibit G. If any deviations are found from the approved plans, the certification shall include a list of all deviations and the justification for each deviation. 1. As -Built Plans. The Agency shall provide the Department with as -built plans of any portions of the Project funded through this Agreement prior to final inspection. 10. Termination and Suspension. a. Generally. If. (i) the Agency abandons the Project; (ii) the Agency fails to comply with applicable law or the terms of this Agreement; or (iii) for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. b. Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension notice from the Department, the Agency shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 11. Contracts of the Agency. a. Approval Required. Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, Page 8 of 29