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111 <br />11 <br />FORAI 5250(0.(0 <br />CONSTRUCTION <br />P.W. 3 or 10 <br />2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal <br />aid requirements to enable the Agency to provide the necessary funds for completion of the project. <br />2.05 Submission of Proceedings, Contracts and Other Documents: The Agencv shall submit to the Department such data, <br />reports, records, contracts and other documents relating to the project as the Department and the Federal Highway <br />Administration may require. <br />3.00 Project Cost: <br />03.01 Total Cost: The total estimated cost of the project is S 217., 000 _. This amount is based u v <br />p n <br />the ectimar. �. y �e , u �.�ubit "B" auached hereto and by this reference trade a part hereof. The Agency agrees to bear <br />all expenses in excess of the total estimated cost of the project and any deficits involved. <br />3.02 Department Participation: lite Department agrees to participate, including contingencies, in the project cc;si to the <br />extent provided in Exhibit "B". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid <br />participation. .- <br />3.03 Cants on State Funds: Project costs eligible for State participation will be allowed only from the date of this Agreement. <br />It is understood that State participation in eligible project costs is subject to: <br />a) Legislative approval of the Department's appropriation request in the work program year that the project is <br />scheduled to be conuTitted; <br />b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; <br />c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; <br />d) Department approval of the project scope and budget at the time appropriation authority becomes available. <br />3.04 Appropriation of Funds: The State of Florida's performance and obligation to pay under this Agreement is contingent <br />upon an annual appropriation by the Legislature. <br />3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than <br />one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: <br />"(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into anv <br />contract which, by its terms, involves the expenditure of money in excess of the anlo nts • bud --; aveiiable <br />fnr rye , dining s l-li iiscai year. Any contract, verbal or written, made in violation of this subsection <br />is null and void, and no money shall be paid on such contract. The Department shall require a statement from <br />the comptroller of the Department that funds are available prior to entering into any such contract or other <br />binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods <br />exceeding one year, but any contract so made shall be executory only for the value of the services to be <br />rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim <br />in all contacts of the Department which are for an amount in excess of 25,000 dollars and which have a term <br />for a period of more than one year." <br />3.06 Ltrnits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity <br />with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by <br />the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of <br />any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or pan thereof involving <br />Fxhibit II -2-1 Loml Agency Progrm Agreement <br />2-2-4 <br />