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525-010-40 <br /> CONSTRUCTION <br /> OGC - 11/03 <br /> Pape 6 of 12 <br /> imposed by the Department upon the failure of the Agency to furnish the schedule , plan , and estimate within a reasonable <br /> time . The closing out of federal financial participation in the project shall not constitute a waiver of any claim <br />which the <br /> Department may otherwise have arising out of this Agreement. <br /> 9 .00 Contracts of the Agency: <br /> 9 .01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not <br /> execute any contract or obligate itself in any manner requiring the disbursement of Department funds , including consultant <br /> or construction contracts or amendments thereto , with any third party with respect to the project without the written <br /> approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. <br /> The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to <br /> approve or disapprove the employment of the same . <br /> 9 . 02 Compliance with Consultants ' Competitive Negotiation Act: It is understood and agreed by the parties hereto <br /> that participation by the Department in a project with an Agency , where said project involves a consultant contract for <br /> engineering , architecture or surveying services , is contingent on the Agency complying in full with provisions of Section <br /> 287 . 055 , Florida Statutes , Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will <br /> involve the Department in the Consultant Selection Process for all projects . In all cases , the Agency's attorney shall <br /> certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive <br /> Negotiation Act. <br /> 10 .00 Disadvantaged Business Enterprise ( DBE) Policy and Obligation : <br /> 10 . 01 DBE Policy : It is the policy of the Department that disadvantaged business enterprises , as defined in 49 C . F . R. <br /> Part 26 , as amended , shall have the opportunity to participate in the performance of contracts financed in whole or in part <br /> with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to <br /> this Agreement. <br /> 10 .02 DBE Obligation : The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as <br /> defined in applicable federal and state regulations , have the opportunity to participate in the performance of contracts and <br /> this Agreement. In this regard , all recipients and contractors shall take all necessary and reasonable steps in accordance <br /> with applicable federal and state regulations , to ensure that the Disadvantaged Business Enterprises have the opportunity <br /> to compete for and perform contracts . The Agency shall not discriminate on the basis of race , color, national origin or sex <br /> in the award and performance of Department assisted contracts . <br /> 10 .03 Disadvantaged Business Enterprise (DBE) Obligations : If Federal Transit Administration or FHWA Funding is a <br /> part of this project, the Agency must comply with applicable federal and state regulations . <br /> 11 . 00 Certification Regarding Debarment, Suspension , Ineligibility, and Voluntary Exclusion (Applicable to all <br /> federal -aid contracts — 49 CFR 29 ) <br /> By signing and submitting this Agreement, the Agency is providing the certification set out below: <br /> The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation <br />in <br /> this covered transaction . The Agency shall submit an explanation of why it cannot provide the certification set out below. <br /> The certification or explanation will be considered in connection with the Department's determination whether to enter <br /> into this transaction . However, failure of the Agency to furnish a certification or an explanation shall disqualify <br /> the <br /> Agency from participation in this transaction . <br /> The certification in this clause is a material representation of fact upon which reliance was placed when the Department <br /> determined to enter into this transaction . If it is later determined that the Agency knowingly rendered an erroneous <br /> certification , in addition to other remedies available , the Department may terminate this transaction for cause of default. <br /> The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was <br /> erroneous when submitted or has become erroneous by reason of changed circumstances . The terms <br /> " covered <br /> "debarred , " " suspended , " ineligible , " " lower tier covered transaction , " " participant, " "person , " primary covered transaction , " <br /> " principal , " " proposal , " and "voluntarily excluded , " as used in this clause , have the meanings set out in the Definitions and <br /> Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a <br /> copy of those regulations . <br /> I I <br />