05-1591 FDOT Landscape & Irrig. - Laserfiche WebLink

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~#419263-1-58-01 Page 3 of 20 Original Draft: 05/17/2005 Revised: 06/02/2005 The expenditure of funds pursuant to this Agreement shall comply with the terms of §334.044(26), Florida Statute and as amended. Except where prohibited by federal law or federal regulation and to the extent practical, a minimum of 50% of these funds shall be used to purchase large plant materials (large plant materials have been defined by the Florida Department of Transportation to be five (5) gallon or larger containers as defined by the Florida Department of Agriculture's "Grades and Standards for Nursery Plants") with the remaining funds for other plant materials. All of the plant materials purchased shall be purchased from Florida-Based Nurseryman stock on a uniform competitive bid basis. 3. The LOCAL GOVERNMENT shall hire a contractor, using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. If the LOCAL GOVERNMENT utilizes its own work force for any services for the PROJECT, all costs and expenses thereof shall not be subject to reimbursement. The reimbursement from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph four (4) herein is conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans. 4. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT, excluding LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes and subject to legislative approval and appropriation. The LOCAL GOVERNMENT may receive progress payments as specified in Exhibit "C", or may receive a lump sum payment upon completion and acceptance by the DEPARTMENT for all services required under this agreement, not to exceed $149,500.00 (One Hundred Forty Nine Thousand Five Hundred and No/I00).