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2009-102
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2009-102
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Last modified
3/21/2016 9:32:38 AM
Creation date
10/1/2015 3:28:28 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/14/2009
Control Number
2009-102
Agenda Item Number
8.E.
Entity Name
Florida Department of Transportation
Subject
8th Street sidewalk improvements
Resolution 2009-041
Area
8th St. from 18th Court to Old Dixie Highway
Supplemental fields
SmeadsoftID
10573
Document Relationships
2009-041
(Attachment)
Path:
\Resolutions\2000's\2009
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OF3/ 07 <br /> Page 10 <br /> The Agency shall insert in all contracts entered into in connection with the project or any property included <br />or planned to <br /> be included in any project , and shall require its contractors to insert in each of their subcontracts , the following <br /> provision : <br /> " No member, officer or employee of the Agency or of the locality during his tenure or <br /> for 2 years <br /> thereafter shall have any interest , direct or indirect , in this contract or the proceeds thereof. " <br /> The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories <br /> or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency . <br /> 12 . 08 Interest of Members of, or Delegates to , Congress : No member or delegate to the Congress of <br /> the United <br /> States shall be admitted to any share or part of this Agreement or any benefit arising therefrom . <br /> 13 . 00 Miscellaneous Provisions : <br /> 13 . 01 Environmental Regulations : The Agency will be solely responsible for compliance with all the applicable <br /> environmental regulations , for any liability arising from non -compliance with these regulations , and will <br /> reimburse the <br /> Department for any loss incurred in connection therewith . The Agency will be responsible for securing any <br />applicable <br /> permits . <br /> 13 . 02 Department Not Obligated to Third Parties : The Department shall not be obligated or liable hereunder <br /> to any <br /> individual or entity not a party to this Agreement . <br /> 13 . 03 When Rights and Remedies Not Waived : In no event shall the making by the Department of any payment to the <br /> Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default <br /> which may <br /> then exist on the part of the Agency and the making of such payment by the Department , while any such breach or <br /> default <br /> shall exist , shall in no way impair or prejudice any right or remedy available to the Department with respect to such <br /> breach <br /> or default . <br /> 13 . 04 How Agreement Is Affected by Provisions Being Held Invalid : If any provision of this Agreement is held invalid , <br /> the remainder of this Agreement shall not be affected . In such an instance , the remainder would then continue to conform <br /> to the terms and requirements of applicable law . <br /> 13 . 05 Bonus or Commission : By execution of the Agreement , the Agency represents that it has not paid <br /> and , also <br /> agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the <br /> financing <br /> hereunder . <br /> 13 . 06 State Law : Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision <br /> or perform any act or do any other thing in contravention of any applicable state law . If any <br /> of the provisions of the <br /> Agreement violate any applicable state law, the Agency will at once notify the Department in writing in <br /> order that <br /> appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may <br /> proceed as soon as possible with the project . <br /> 13 . 08 Plans and Specifications : In the event that this Agreement involves constructing and equipping of facilities on the <br /> State Highway System , the Agency shall submit to the Department for approval all appropriate plans and specifications <br /> covering the project . The Department will review all plans and specifications and will issue to the <br /> Agency a written <br /> approval with any approved portions of the project and comments or recommendations covering any remainder of <br /> the <br /> project deemed appropriate . After resolution of these comments and recommendations to the Department' s satisfaction , <br /> the Department will issue to the Agency a written approval with said remainder of the project . Failure to obtain this <br />written <br /> approval shall be sufficient cause of nonpayment by the Department . <br /> 13 . 09 Right-of-Way Certification : Upon completion of right-of-way activities on the project , the Agency must <br /> certify <br /> compliance with all applicable federal and state requirements . Certification is required prior to advertisement <br /> for or <br /> solicitation of bids for construction of the project , including those projects for which no right-of-way is required . <br /> 13 . 10 Agency Certification : The Agency will certify in writing , prior to project closeout , that the project was completed <br /> in <br /> accordance with applicable plans and specifications , is in place on the Agency' s facility, adequate title is in <br />the Agency' s <br /> name , and the project is accepted by the Agency as suitable for the intended purpose . <br />
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