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DocuSign Envelope ID: 80F53EAC-E3AB-4AA6-8t""„"r-86F4F 1 E(-- 680 STATE OF FLORIDA DEPARTMENT Of TRANSPORTATION Farm 726 -ON -01 STRATEGIC PUBLIC TRAN^ TAT DEVELOPMENT GRANT AGREE�%Ii °` 722 g. Claims and Requests for Additional 10ltlit The Agency shall have the 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 Is decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shad be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and:40raW by the Parties hereto that participation by the Department in a project with the Agenaf, where said project involves the purchase of commodities or contractual services wherefpirchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287:{ lf# Flonda Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Saci*m W.W,, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A". Project Description and Responsibilities must be approved by the Department prior. to Agency execution. f=ailure to obtain such approval, and subsequent execution of an Wftndment tc the Agreement if required, shall be sufficient cause for nonpayment by the DepUNINK In accordance with this Agreement. c. Consultants' Competitive Negoti-11111Ifr Act. ft is understood and agreed by the Parties to this Agreement that participation by ft Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. in all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy ttf #w Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall heNt the opportunity to participate in the performance of 60turacts financed in wh61160 bt Vilit with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In #* regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the 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. it3: 141