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2004-304
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2004-304
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Entry Properties
Last modified
11/14/2016 11:16:29 AM
Creation date
9/30/2015 8:27:34 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/07/2004
Control Number
2004-304
Agenda Item Number
7.P.
Entity Name
Florida Department of Transportation
Subject
Joint Participation Agreement
Various Roadway Improvements
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4750
Document Relationships
2004-143
(Attachment)
Path:
\Resolutions\2000's\2004
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The DEPARTMENT' S Project Manager shall prepare a written modified Project Work Order <br /> Assignment which details the revised scope of services to be performed . The DEPARTMENT <br /> shall submit the modified Project Work Order Assignment to the PARTICIPANT for <br /> acceptance , Upon receipt of the modified Project Work Order Assignment , the PARTICPANT <br /> shall rev ew , sign or initial (as acceptance of Project Work Order Assignment) , and return to the <br /> DEPARTMENT along with a new written lump sum cost proposal for all work reflected in the <br /> modified Project Work Order Assignment. The PARTICIPANT shall not, proceed with any <br /> Project Work Order Assignment related activity prior to receiving written authorization from the <br /> DEPARTMENT . <br /> 12 . In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement <br /> of the provisions of this Agreement, the PARTICIPANT shall pay the DEPARTMENT' S <br /> reasonable attorney fees and court costs if the DEPARTMENT prevails . <br /> 13 . Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases <br /> of the Project, the AGREEMENT may be amended to identify the respective responsibilities <br /> and the financial arrangements between the parties . <br /> 14 . This AGI EEMENT and any interest herein shall not be assigned , transferred or otherwise <br /> encumb red by the PARTICIPANT under any circumstances without the prior written consent <br /> of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its <br /> successors . <br /> 15 . Except as otherwise set forth herein , this AGREEMENT shall continue in effect and be binding <br /> to both the PARTICIPANT and the DEPARTMENT until the Project is completed as evidenced <br /> by the w ` itten acceptance of the DEPARTMENT or June 30 , 2006 , whichever occurs first . <br /> 16 . Payment shall be made only after receipt and approval of goods and services unless advance <br /> payments are authorized by the Department of Financial Services under Section 215 .422 ( 14) , <br /> Florida Statutes , or by the Department's Comptroller under Section 334 . 044 (29) , Florida <br /> Statutesl <br /> 17 . If this AGREEMENT involves units of deliverables , then such units must be received and <br /> accepted in writing by the Project Manager prior to payments . The DEPARTMENT will render a <br /> decision on the acceptability of services within 10 working days of receipt of a progress report. <br /> The DEPARTMENT reserves the right to withhold payments for work not completed , or work <br /> completed unsatisfactorily, or work that is deemed inadequate or untimely by the <br /> DEPAR MENT. Any payment withheld will be released and paid to the PARTICIPANT <br /> promptl when work is subsequently performed . <br /> 18 . Bills for ees or other compensation for services or expenses shall be submitted in detail <br /> sufficien for a proper preaudit and postaudit thereof . <br /> 19 . Bills for travel expenses specifically authorized in this AGREEMENT shall be submitted on the <br /> Department's Travel Form No . 300 -000 -01 and will be paid in accordance with Section <br /> 112 . 061 , Florida Statutes . <br /> 3 of 6 <br />
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