Reso 2018-2801 - Laserfiche WebLink

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FM#430029-1-32-01 Page 6 of 9 Upon completion of all work related to construction of the Project, the Department will be required to submit to the CITY final as-built plans for the Local Bridge Improvements and an engineering certification that construction was completed in accordance with the plans. Additionally, the Department shall vacate those portions of the CITY's Bridge and right-of-way used to construct the Local Bridge Improvements, and shall remove the Department's property, machinery, and equipment from said portions of the CITY's Bridge and right-of-way. Furthermore, the Department shall restore those portions of the CITY right-of-way disturbed by Project construction activities to the same condition than that which existed immediately prior to commencement of the construction of the Project. 10. This Agreement shall become effective as of the date both parties hereto have executed the agreement and shall continue in full force and effect until the Project is completed, as evidenced by the Department's issuance of the Notice of Final Acceptance. Prior to commencement of construction, the Department may, in its sole discretion, terminate this Agreement if it determines that it is in the best interest of the public to do so. If the Department elects to terminate this Agreement, the Department shall deliver formal notice of termination to the CITY, as set forth in paragraph 20 of this Agreement. 11. In the event that any election, referendum, approval, ratification, or permit, notice or other proceeding, or authorization is required to carry out the Project,the CITY agrees to expeditiously initiate and consummate, as provided by law, all actions necessary with respect to any such matters, with time being of the essence. 12. The Parties acknowledge and agree that the Project shall be constructed using federal funds and that all costs incurred must be in conformity with applicable federal and state laws, regulations, and policies and procedures. 13. The Department's performance and obligations under this Agreement are contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. Project costs utilizing fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. 14. In the event that this agreement is in excess of $25,000, and the agreement has a term for a period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are hereby incorporated into this agreement and are as follows: