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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 <br /> STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT <br /> 05/21 <br /> obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be <br /> sufficient cause for nonpayment by the Department. <br /> c. Participation by the Department in a project that involves a consultant contract for engineering, architecture <br /> or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, <br /> Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the <br /> Department that selection has been accomplished in compliance with the Consultants' Competitive <br /> Negotiation Act. <br /> d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive <br /> solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state-appropriated <br /> funds,then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. <br /> 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction <br /> the following provisions are incorporated into this Agreement: <br /> a. The Recipient is responsible for obtaining all permits necessary for the Project. <br /> b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide <br /> the Department with written notification of either its intent to: <br /> i. Award the construction of the Project to a Department prequalified contractor which is the lowest <br /> and best bidder in accordance with applicable state and federal statutes, rules, and regulations <br /> The Recipient shall then submit a copy of the bid tally sheet(s)and awarded bid contract, or <br /> ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said <br /> Project within the time frame set forth in this Agreement.The Recipient's use of this option is subject <br /> to approval by the Department. <br /> c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the <br /> construction work for the Project. For projects that are not located on the Department's right-of-way, the <br /> Recipient is not required to hire a contractor prequalified by the Department unless the Department <br /> notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the <br /> Department <br /> d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The <br /> Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm <br /> that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. <br /> Notwithstanding any provision of law to the contrary, design services and CEI services may not be <br /> performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a <br /> State of Florida Licensed Professional Engineer who shall provide the certification that all design and <br /> construction for the Project meets the minimum construction standards established by Department. The <br /> Department shall have the right to approve the CEI firm. The Department shall have the right, but not the <br /> obligation, to perform independent assurance testing during the course of construction of the Project. <br /> Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth <br /> in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that <br /> meet the requirements of this paragraph, or a combination thereof. <br /> e. The Recipient is responsible for the preparation of all design plans for the Project.The Department reserves <br /> the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the <br /> Project using the Recipient's normal procurement procedures to perform the design services for the Project. <br /> Notwithstanding any provision of law to the contrary, design services and CEI services may not be <br /> performed by the same entity. All design work on the Project shall be performed in accordance with the <br /> requirements of all applicable laws and governmental rules and regulations and federal and state accepted <br /> design standards for the type of construction contemplated by the Project, including, as applicable, but not <br /> limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the <br /> AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located <br /> on, under, or over any Department-owned right-of-way, the Department shall review the Project's design <br /> Page 6 of 14 <br />