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Engineer who shall provide the certification that all design and construction for <br />the PROJECT meets the minimum construction standards established by <br />DEPARTMENT. The DEPARTMENT shall approve the CEI firm. The CEI <br />firm shall not be the same firm as that of the Engineer of Record for the <br />PROJECT. The CEI services shall be procured in accordance with the <br />provisions of the Consultant's Competitive Negotiation Act (Chapter 287.055, <br />F.S.); <br />e. In order to avoid conflict with the DEPARTMENT's roadway project, all <br />services performed by the CITY within the Project Limits shall be coordinated <br />with the DEPARTMENT CEI for its roadway project <br />f. The CITY shall not execute any contract or obligate itself in any manner <br />requiring the disbursement of DEPARTMENT funds, including but not limited <br />to, consulting or construction contracts or amendments thereto, with any third <br />party with respect to the PROJECT without the prior written approval of the <br />DEPARTMENT. The DEPARTMENT specifically reserves the right to review <br />qualifications of any consultant or contractor and to approve or disapprove <br />CITY employment of same. The CITY shall provide to the DEPARTMENT <br />copies of all fully executed PROJECT contracts, including but not limited to, <br />contracts related to costs for PROJECT construction and material <br />g. The CITY's attorney shall certify to the DEPARTMENT: <br />(i) that the Consultant Selection Process by the CITY in procuring any <br />consultant contract for engineering, architecture or surveying services entered <br />into by the CITY for purposes of performing its duties under this Agreement <br />has been accomplished in compliance with the Consultant's Competitive <br />Negotiation Act (Chapter 287.055, F.S.); and <br />(ii) that the purchase of commodities or contractual services by the CITY <br />exceeding the Threshold Amount for CATEGORY TWO per Chapter 287.017 <br />F.S. for purposes of performing its duties under this Agreement has been <br />accomplished in full compliance with the provisions of Chapter 287.057 F.S. <br />Such certification includes the contract procured by the CITY pursuant to <br />Invitation to Bid No. 15-12-02. <br />h. This Agreement and any interest herein shall not be assigned, transferred or <br />otherwise encumbered by the CITY under any circumstances without prior <br />written consent of the DEPARTMENT. However, this Agreement shall run to <br />the DEPARTMENT and its successors. <br />i. The CITY shall have the sole responsibility for resolving claims and requests <br />for additional work for the PROJECT. The CITY will make the best efforts to <br />obtain the DEPARTMENT input in its decisions. <br />Page 3 of 23 <br />Department Funded Agreement between the Florida Department of Transportation and the City <br />Financial Project Number # 430949-3-58-01 <br />