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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />STATE HIGHWAY SYSTEM <br />PROJECT FUNDING AGREEMENT <br />established by Department. The Department shall have the right to approve the CEI firm. The Department shall <br />have the right, but not the obligation, to perform independent assurance testing during the course of construction <br />of the Project. Subject to the approval of the Department, the Agency may choose to satisfy the requirements set <br />forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Agency staff that <br />meet the requirements of this paragraph, or a combination thereof. <br />d. Design. If the Project includes design work, the Agency is responsible for the preparation <br />of all design plans for the Project required to deliver the Project. The Agency shall hire a Department pre -qualified <br />consultant for the design phase of the Project. Notwithstanding any provision of law to the contrary, design <br />services and CEI services may not be performed by the same entity. All design work on the Project shall be <br />performed in accordance with the requirements of all applicable laws and governmental rules and regulations and <br />federal and state accepted design standards for the type of construction contemplated by the Project, including, as <br />applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices and <br />the AASHTO Policy on Geometric Design of Streets and Highways. <br />e. Consultant Conflicts of Interest. The Agency shall comply with the Department's current <br />Conflict of Interest Procedure in employing consultants for the Project (currently Department Procedure 375-030- <br />006). <br />E Department Plans Review. The Agency shall submit to the Department for approval all <br />appropriate plans and specifications covering the Project. The Department will review all plans and specifications <br />and will provide the Agency with written approval of any approved portions of the Project plans and comments <br />or recommendations covering any remainder of the Project deemed appropriate. After resolution of these <br />comments and recommendations to the Department's satisfaction, the Department will provide the Agency with <br />a written approval of the remaining Project plans. Failure to obtain this written approval shall be sufficient cause <br />for nonpayment by the Department. Because the Project will be located on, under or over Department -owned <br />right-of-way, the Department shall review the Project's design plans for compliance with all applicable standards <br />of the Department, as provided in Exhibit E, Terms and Conditions of Construction. In its sole discretion, the <br />Department may reject designs which it determines do not meet Department standards. <br />g. Final Plans. The Agency will provide copies of the final design plans and specifications and <br />final bid documents to the Department's Project Manager prior to commencing construction of the Project. The <br />Department will specify the number of copies required and the required format. <br />h. Bonds and Guaranty of Payment of Claims. The Agency shall require the Agency's <br />contractor to post a payment and performance bond in accordance with applicable law and the Department's <br />Standard Specifications for Road and Bridge Construction (2020), as amended. The Agency shall require the <br />Agency's contractor to guaranty the payment of all just claims for materials, supplies, tools, or labor and other just <br />claims against him or any subcontractor, in connection with the performance of the Project. The Department's final <br />acceptance and payment shall not release the contractor's bond until all such claims are paid or released. <br />i. Performance of Construction Work. The Agency shall be responsible to ensure that the <br />construction work under this Agreement is performed in accordance with the approved construction documents, <br />and that it will meet all applicable Agency and Department standards. <br />Page 7 of 29 <br />