08-1972 FDOT Funding of Wirz Trail Phase I

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525.011)..40 PROJECT MANAGEMENT OFFICE 03107 Page 1 FPN: 417461-1-38-01 Fund: Federal No: 8"nJ1- S-g.;.- A Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: County No: 77 Contract No: -4 P /) '1 9 Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this 15-~y of ~ ~ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and the CITY OF CASSELBERRY. 124 East Melody Lane. Casselberv. Florida 32707 hereinafter called the Agency. SE 55053010541 FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: Vendor No: 088849 790089 F 591-056-912-008 WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implemenlation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in -1bg desion of the Kewannee Trail and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. . 1.01 Attachments: Exhibit(s) "A." "B." and "1" are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable iaws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Aoency Prooram Manual, wHich by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each projecl. " Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Departmenl. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to l.ocal Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects.