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1. INCORPORATION OF RECITALS <br />The foregoing recitals are true and correct and are incorporated into the body of <br />this Agreement, as if fully set forth herein. <br />2. GENERAL REQUIREMENTS <br />a. The CITY shall be responsible for assuring that the Outstanding Work complies <br />with all applicable Federal, State, and Local laws, rules, regulations, guidelines <br />and standards. <br />b. The CITY shall submit this Agreement to its CITY commission for ratification <br />or approval by resolution. A copy of said resolution is attached hereto as Exhibit <br />"C" — City Resolution, and is herein incorporated by reference. <br />c. The CITY shall construct, administer, supervise, implement, evaluate and <br />inspect all aspects of the Outstanding Work construction until completion, as <br />further defined in Exhibit "A" — Scope of Services and Section 4 of this <br />Agreement. All aspects of the Outstanding Work construction and <br />administration are subject to DEPARTMENT standards and specifications and <br />must be in compliance with all governing laws and ordinances. <br />The CITY has assigned The Stout Group using existing competitively bid <br />contract (Contract No. C6155 1516-047) figures, procured pursuant to <br />Invitation to Bid No. 15-12-02, for construction of the Outstanding Work. <br />d. The CITY shall be responsible, at the CITY's sole cost and expense, for <br />providing Construction Engineering Inspections ("CEI") services for the <br />Outstanding Work by a consultant firm prequalified by the DEPARTMENT, <br />including an experienced lighting construction senior inspector to inspect and <br />document the Outstanding Work. The CEI staff shall be present at all times <br />that the CITY's construction contractor is performing the Outstanding <br />Work. Administration of the CEI staff shall be under the responsible charge of <br />a State of Florida Licensed Professional Engineer who shall provide the <br />certification that all design and construction for the Outstanding Work meets <br />the minimum construction standards established by the DEPARTMENT. <br />The DEPARTMENT shall approve the CEI firm. The CEI firm shall not be the <br />same firm as that of the Engineer of Record for the PROJECT. The CEI services <br />shall be procured in accordance with the provisions of the Consultant's <br />Competitive Negotiation Act (Chapter 287.055, F.S.). <br />e. In order to avoid conflict with any of the DEPARTMENT's ongoing roadway <br />projects, all Outstanding Work performed by the CITY within the Project <br />Limits shall be coordinated with the DEPARTMENT. <br />f. Neither the CITY nor its CEI shall execute any contract or obligate itself in any <br />manner requiring the disbursement of DEPARTMENT funds, including but not <br />Page 2 of 21 <br />Department Funded Agreement between the Florida Department of Transportation and the City <br />Financial Project Number # 430949-3-58-01 <br />175 <br />