Reso 2017-2713 - Laserfiche WebLink

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granted to or exercised by the CITY hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by the CITY to indemnify the DEPARTMENT for the negligent acts or omissions of the DEPARTMENT, its officers, agents or employees. Nothing herein shall be construed as consent by the CITY or the DEPARTMENT to be sued by third parties in any manner arising out of this Agreement. e. The CITY shall notify the DEPARTMENT prior to commencing PROJECT work. Such notice shall be provided to Adriana Manzanares, Project Manager, via email at Adriana.manzanares(a dot.state.fl.us or by telephone at (305) 470-5283 or Heidi Solaun, Assistant Construction Engineer at Heidi.solaun@&dot.state.fl.us or by telephone at (305) 640-7443. Thereafter, the CITY's CEI shall continue to coordinate with the DEPARTMENT's roadway project CEI. The CITY agrees that the DEPARTMENT may, at reasonable times during the construction of the PROJECT, inspect the PROJECT construction site, and perform such tests as are reasonably necessary to determine whether the goods or services required to be provided by the CITY'S construction contractors, pursuant to their agreements with the CITY, conform to the terms of said agreements. Upon completion of construction, the CITY shall invite the DEPARTMENT on a final inspection of the PROJECT, and will incorporate those DEPARTMENT concerns that are within the scope of the PROJECT construction contract, into the final PROJECT punch lists with the CITY contractors. The DEPARTMENT shall have the right to inspect and to perform tests, but not the obligation to do so. This provision shall not be construed to alter the CITY's obligation to perform construction engineering inspections and testing of the PROJECT under this Agreement. Upon completion of the final construction inspection of the PROJECT by the DEPARTMENT, once the DEPARTMENT CEI determines that the CITY has satisfactorily completed the work, the DEPARTMENT CEI will provide the CITY written notice of final acceptance. It is understood and agreed that the DEPARTMENT shall retain ten percent (10%) of the maximum eligible reimbursement sum identified in Exhibit B herein until the DEPARTMENT has issued such notice of final acceptance, and reviewed and approved the final invoice by the CITY, in accordance with Paragraph 10 of this Agreement. f. The CITY shall be required to obtain all necessary permits for the PROJECT from pertinent governmental agencies, prior to commencing construction of the PROJECT. g. Upon completion of all work related to construction of the PROJECT, the CITY will be required to submit to the DEPARTMENT final as -built plans for the PROJECT improvements and an engineering certification that construction was Page 8 of 23 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01