2023-104 - Laserfiche WebLink

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. Consultant Services. The Agency acknowledges and agrees that any Project consultant contract for engineering, architecture or surveying services must be procured in compliance with the provisions of Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all applicable project agreements funded under this Agreement. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act. C. Design and Construction Services. Except as otherwise authorized in writing by the Department, the Agency shall include the applicable provisions required by all applicable Department procedures, guidelines, manuals, standards, and directives in all contracts for design and construction of the Project. d. Preference for State Residents. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project fifty (50) percent or more of the cost of the Project is to be paid from state -appropriated funds, the Agency must comply with the requirements of Section 255.099(1), Florida Statutes. e. Force Account Work. ❑ If this box is checked, the Agency is permitted to utilize its own forces in performing the Project. If the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). E Claims and Requests for Additional Work. The Agency shall have sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBE's, as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part under this Agreement. The Agency shall, and shall require its contractors to, take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that DBEs have the maximum opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. If the Project includes construction, the provisions of this paragraph are part of this Agreement. The Agency agrees to maintain any portion of the Project not located on the State Highway System for its useful life. For any improvements constructed by the Agency on Department right-of-way, the Agency ® shall Page 9 of 29