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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 <br />PROGRAMEENT <br />-010-40 <br />LOCAL AGENCY PROGRAM AGREEMENT OGC/OOCM-2N8 <br />Page 5 of 15 <br />adherence to contract requirements, construction quality and scope of Federal -aid projects; <br />ii. Maintains familiarity of day to day Project operations, including Project safety issues; <br />iii. Makes or participates in decisions about changed conditions or scope changes that require <br />change orders or supplemental agreements; <br />iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and <br />complexity of the Project,- <br />v. <br />roject;v. Reviews financial processes, transactions and documentation to ensure that safeguards are in <br />place to minimize fraud, waste, and abuse; <br />vi. Directs Project staff, agency or consultant, to carry out Project administration and contract <br />oversight, including proper documentation; <br />vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and <br />consultant staff at all stages of the Project. <br />b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice <br />or other request for reimbursement to the Department no less than once every 90 days (quarterly), <br />beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the <br />Department, and in the event the failure to timely submit invoices to the Department results in the FHWA <br />removing any unbilled funding or the loss of state appropriation authority (which may include the loss of <br />state and federal funds, if there are state funds programmed to the Project), then the Recipient will be solely <br />responsible to provide all funds necessary to complete the Project and the Department will not be obligated <br />to provide any additional funding for the Project. The Recipient waives the right to contest such removal of <br />funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related <br />to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department <br />will also consider the de -certification of the Recipient for future LAP Projects. No cost may be incurred <br />under this Agreement until after the Recipient has received a written NTP from the Department. The <br />Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department <br />issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, <br />the Department District LAP Administrator should be notified as soon as possible. <br />c. If all funds are removed from the Project, including amounts previously billed to the Department and <br />reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will <br />have to request repayment for the previously billed amounts from the Recipient. No state funds can be <br />used on off -system projects, unless authorized pursuant to Exhibit "I", State Funds Addendum, which will <br />be attached to and incorporated in this Agreement in the event state funds are used on the Project. <br />d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is <br />required under applicable law to enable the Recipient to enter into this Agreement or to undertake the <br />Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate <br />and consummate, as provided by law, all actions necessary with respect to any such matters. <br />e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal -aid <br />requirements, to enable the Recipient to provide the necessary funds for completion of the Project. <br />f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents <br />relating to the Project as the Department and FHWA may require. The Recipient shall make such <br />submissions using Department -designated information systems. <br />g. Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable federal <br />and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and <br />procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account <br />of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part <br />thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount <br />