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6.2 USE OF FUNDS: Funds made available by FDOT pursuant to this Agreement shall be expended <br /> in a timely manner and solely for the purpose of the approved Project. No such funds shall be used for the <br /> purchase of any landscaping, mitigation planting,water and sewer lines,for any legal action against FDOT,or <br /> costs associated with preparation of the application for use of Economic Development Transportation funding. <br /> The Schedule of Funding,Exhibit"B", is attached and incorporated in this Agreement. <br /> - - - - . 6.3 ASSURANCES: As an inducement to the transfer of funds referred to in Section 6.1 above, the <br /> Agency certifies that, if initiated,the Project will be carried through to its completion and will not require the <br /> expenditure of any additional funds from FDOT. The Agency is liable for all cost overruns on the Project. <br /> 6.4 PROHIBITION OF LOCAL PREFERENCES IN PROCUREMENT OF CONSTRUCTION <br /> SERVICES: If the Project is procured pursuant to Chapter 255 for construction services and at the time of the <br /> competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state- <br /> appropriated funds,then the Agency must comply with the requirements of Section 255.0991,Florida Statutes. <br /> 7.0 DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS: <br /> (a) The Agency agrees to undertake the design,construction,and Consultant Construction <br /> Engineering Inspection ("CCEI") of the Project in accordance with all applicable federal, state and local <br /> statutes, rules and regulations, including Agency standards and specifications. A professional engineer, <br /> registered in Florida, shall provide the certification that all design and construction for the Project meets the <br /> minimum construction standards established by the Agency. <br /> (b) The Agency understands that it is responsible for the preparation of all design plans <br /> for the Project. The Agency shall hire a qualified consultant for the design phase of the Project using the <br /> Agency's normal procurement procedures to perform the design services for the Project. <br /> (c) Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to <br /> the Agency for the design phase of the Project. Any work performed prior to the execution of this Agreement <br /> is not subject to reimbursement. <br /> Page 7 of 23 <br />