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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />PUBLIC TRANSPORTATION <br />GRANT AGREEMENT <br />Form 725-000-01 <br />STRATEGIC <br />DEVELOPMENT <br />OGC 12118 <br />in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project <br />Description and Responsibilities. <br />11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, <br />economical, and efficient manner, and in accordance with the provisions in this Agreement and all <br />applicable laws. <br />a. Necessary Permits Certification. The Agency shall certify to the Department that the <br />Agency's design consultant and/or construction contractor has secured the necessary permits. <br />b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide <br />to the Department certification and a copy of appropriate documentation substantiating that all <br />required right-of-way necessary for the Project has been obtained. Certification is required <br />prior to authorization for advertisement for or solicitation of bids for construction of the Project, <br />even if no right-of-way is required. <br />c. Notification Requirements When Performing Construction on Department's Right -of - <br />Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves <br />construction on the Department's right-of-way, the Agency shall provide the Department with <br />written notification of either its intent to: <br />i. Require the construction work of the Project that is on the Department's right-of-way <br />to be performed by a Department prequalified contractor, or <br />ii. Construct the Project utilizing existing Agency employees, if the Agency can <br />complete said Project within the time frame set forth in this Agreement. <br />d.. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following <br />provision applies: Use of Agency Workforce. In the event the Agency proceeds with any <br />phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs <br />(this excludes general overhead). <br />e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: <br />Reimbursement for Indirect Program Expenses (select one): <br />i. _ Agency has selected to seek reimbursement from the Department for actual indirect <br />expenses (no rate). <br />ii. _ Agency has selected to apply a de minimus rate of 10% to modified total direct <br />costs. Note: The de minimus rate is available only to entities that have never had a <br />negotiated indirect cost rate. When selected, the de minimus rate must be used <br />consistently for all federal awards until such time the agency chooses to negotiate a <br />rate. A cost policy statement and de minimis certification form must be submitted to <br />the Department for review and approval. <br />iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A <br />federally approved rate agreement or indirect cost allocation plan (ICAP) must be <br />submitted annually. <br />f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The <br />Agency shall comply and require its contractors and subcontractors to comply with all terms <br />and conditions of this Agreement and all federal, state, and local laws and regulations <br />applicable to this Project. <br />g. <br />Claims and Requests for Additional Work. The Agency shall have the sole responsibility <br />for resolving claims and requests for additional work for the Project. The Agency will make <br />6 of 22 <br />