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Contract 2019-36A DeSanti
�`pP pf PAR�M�yl FLORIDA DEPARTMENT OF Ron Governor
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° Environmental Protection Jeanette Nunez
Lt.Governor
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'•A o��� Marjory Stoneman Douglas Building Noah Valensteln
MFNiAI ea 3900 Commonwealth Boulevard Secretary
Tallahassee,FL 32399
May 24, 2019
James Kinzler
Assistant City Manager
City of Clermont
685 W. Montrose Street
Clermont, FL 34771
RE: Clermont Legacy Loop
RTP Project No. T18027
Dear Mr. Kinzler:
The attached contains the fully executed grant agreement for the above referenced
project. Please visit our website at https://floridadep.gov/lands/land-and-recreation-
qrants/content/recreational-trails-program, to read and familiarize yourself with the RTP
Administrative Rule, the required Commencement Documentation Checklist, as well as
the Project Status Report Form. This information has been provided on the website for
your review, as it will be extremely helpful and ensures compliance with the
administrative requirements of this grant.
In addition, the Project Completion Documentation Checklist and the Reimbursement
Schedules can be found on our website when that time approaches.
Reminders:
1. Construction cannot begin until all Project Commencement documentation has
been submitted and approved by this office. This process should be completed
within 180 days from the execution of your grant agreement (by 11/03/2019).
Once the Department approves the commencement and environmental
documentation, you will receive written authorization of the Notice to Proceed
(NTP). Again, please do not commence construction until you receive the
NTP authorization. Any construction activities that occur prior to issuance of the
NTP may not be eligible for reimbursement, pursuant to the executed agreement
and 62S-2.075(2). F.A.C.
2. Quarterly status reports are required - January 5, May 5, and September 5.
Please be sure to summarize work accomplished, problems encountered (if any),
and provide color photographs of development progression.
3. The Department will not process your reimbursements request until the Grantee
completes the project and staff reviews and approves all Completion
Documentation and the final as-built product.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes:
1. Project Title(Project): Agreement Number:
Clermont Legacy Loop T1827
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000 (Department)
Grantee Name: Cityof Clermont Entity Type:
Local Government
Grantee Address: 685 W. Montrose Street,Clermont, FL 34771 FEID: 59-6000290
(Grantee)
3. Agreement Begin Date: Date of Expiration:
Upon Execution Two years from date of execution
4. Project Number:T18027 Project Location(s):
(If different from Agreement Number) W.Minneola Avenue,Clermont,FL 34771
Project Description:
Construction of 12' x 1,500' (+1- 10%) hard-surface trail.
5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s):
$400,000.00 ❑ State ®Federal RTP18 $200,000.00
❑ State ❑Federal
2 Grantee Match $200,000.00
Total Amount of Funding+Grantee Match,if any: $400,000.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Lauren E.Cruz Name: James Kinzler
or successor or successor
Address: 3900 Commonwealth Boulevard Address: 685 W.Montrose Street
MS 585 Clermont,FL 34771
Tallahassee,FL 32399-3000
Phone: 850.245.2686 Phone: 352.241.7339
Email: Lauren.Cruz@FloridaDEP.gov Email: jkinzler@clermontfl.org
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
® Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
® Attachment 2: Special Terms and Conditions
Ll Attachment 3: Grant Work Plan
® Attachment 4: Public Records Requirements
® Attachment 5:Special Audit Requirements
• Attachment 6: Program-Specific Requirements
® Attachment 7: RTPI 8 Grant Award Terms(Federal)*Copy available at https://facts.fldfs.com,in accordance with§215.985,F.S.
RI Attachment 8: Federal Regulations and Terms(Federal)
® Additional Attachments(if necessary).•
Attachment 9: Required Contract Provisions
® Exhibit A:Progress Report Form
❑ Exhibit B:Property Reporting Form
® Exhibit C:Payment Request Summary Form
O Exhibit D: Quality Assurance Requirements for Grants
0 Exhibit E:Advance Payment Terms and Interest Earned Memo
® Additional Exhibits(if necessary): Exhibit F: A&E; Exhibit G: 49 CFR 26.13
DEP Agreement No. TI827 Rev.6/20/18
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1):
Federal Award Identification Number(s)(FAIN): 12RECT018
Federal Award Date to Department: 9/11/18
Total Federal Funds Obligated by this Agreement: $3,674,137.00
Federal Awarding Agency: U.S.Department of Transportation—Federal Highway Administration
Award R&D? ® Yes ON/A
IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below,whichever is later.
City of Clermont GRANTEE
Grantee Name _
By fpr I 1 9, 20Iq
(Authorized Signature Date Signed
(2-pt"). L. ,
Print Name and Title of Person Signi
State of Florida Department of Environmental Protection DEPARTMENT
By 1 .c tu-(�- 14A)172' Y 6-11
1 ) G(
Secretary or Desi ee Date Signed
itet
, w a.vi, Sc r� ,iil Cd .. atm.Zec 64/
P nt Name and Title of Person Signing _1
❑ Additional signatures attached on separate page.
DEP Agreement No. T1827
Rev.6/20/18
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
I. Entire Agreement.
This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the
order of precedence for interpretation the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1,Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways,the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match
requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount
of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that
exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A
change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement
period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment
3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or
(3)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement
may be amended to provide for additional services if additional funding is made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
Attachment 1
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5. Performance Measures.
The Grantee warrants that:(1)the services will be performed by qualified personnel;(2)the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices;(4)the services shall not and do not infringe
upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees,
subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes,if provided
by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect
at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements.
Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose
Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the
deliverables within 30 days of receipt,they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant
Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory
performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may
allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department.The CAP shall be sent to Grant Manager for review and approval.Within ten(10)days
of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been
accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department
letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department
approval of a CAP as specified above may result in Department's termination of this Agreement for
cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP,Grantee shall have ten(10)days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement.In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps,or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
Attachment I
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Rev.8/28/18
8. Payment.
a. Payment Process.Subject to the terms and conditions established by the Agreement,the pricing per deliverable
established by the Grant Work Plan,and the billing procedures established by Department,Department agrees
to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).
b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee,
however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State
funds, including, but not limited to,the Reference Guide for State Expenditures, which can be accessed at the
following web address:www.myfloridacfo.com/aadir/reference_guide/.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
www.mvfloridacfo.com/Division/AA/Vendors/default.htm.
j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following
conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved,position classification,direct salary rates, and hours spent
on the Project in accordance with Attachment 3,Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers,all multipliers used(i.e.,fringe benefits,overhead, indirect,and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit,Grantee shall be required to reimburse such funds to Department within thirty(30)days of
written notification.Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
Attachment 1
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and/or general and administrative rates)shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such
funds to Department within thirty(30)days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S.,and
Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-73,F.A.C.,as applicable.The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services.The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract.The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above.In this instance,Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee.The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing
$1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B,Property Reporting Form.
f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses,reproduction,or mailing,are reimbursable or available for match or reimbursement under the
terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of
receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department
shall not reimburse any of the following types of charges:cell phone usage;attorney's fees or court costs;civil
or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments,on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting
period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty(30)days.
Attachment 1
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11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2,Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the
timeframe stated in Department's notice,the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance,a self-
insured authorization,or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten(10)days after the cancellation of coverage.
13. Termination.
a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated.The Department must submit all invoices for
work to be paid under this Agreement within thirty(30)days of the effective date of termination. The
Department shall not pay any invoices received after thirty(30)days of the effective date of termination.
b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that
the default was excusable,the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department.The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination
unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and
to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation,
or termination of the Agreement,Grantee shall continue to provide Department with those services for which it
Attachment 1
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has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided
under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as
necessary to complete the transition or continued portion of the Agreement,if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including,any of
the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be found in default,and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non-
exclusive list of events,acts,or omissions,shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department
of such,made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory,or licensing requirement,including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals,and furnishing labor or materials,or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate
assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization,or liquidation.
16. Suspension of Work.
The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is
in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars
of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration
of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice.
Within 90 days,or any longer period agreed to by the parties,Department shall either:(1)issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
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17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable,Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after
the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole
discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department
may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation;(2)contract with other sources (without recourse to
and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject
of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners,or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions,damages,and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense.The Grantee shall not be liable for any cost,expense,or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement,at law or in equity. The Department may, in addition to
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other remedies available to it,at law or in equity and upon notice to Grantee,retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens,such violation shall be cause for unilateral cancellation ofthis Agreement.The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal,or reply on a
contract with a public entity for the construction or repair of a public building or public work;may
not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work;may not submit bids,proposals,or replies
on leases of real property to a public entity;may not be awarded or perform work as a contractor,
supplier,subcontractor,or consultant under a contract with any public entity;and may not transact
business with any public entity.
iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors,or
consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity,at(850)487-0915.
23. Compliance with Federal,State and Local Laws.
a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein.Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole
option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
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Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee
is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
25. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section
287.058(6),F.S.,during the term of any executed agreement between Grantee and the State,Grantee may lobby the
executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that
agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S.
26. Record Keeping.
The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The
Department,the State,or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In
the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized
State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility.Such information may include,but shall not be limited to,Grantee's business or financial
records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such
records for the longer of:(1)three years after the expiration of the Agreement;or(2)the period required by the
General Records Schedules maintained by the Florida Department of State(available at:
http://dos.myflorida.com/library-arch Ives/records-management/general-records-schedules/).
27. Audits.
a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the
inspector general in any investigation,audit, inspection, review,or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement,in writing,on its sub-grantees and/or subcontractors,respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement,with reasonable notice and during normal business hours,including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment,materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement;and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state)
identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance,Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether
the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
https:\\apps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). Allowable costs
and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department
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may also request a cost allocation plan in support of its multipliers(overhead, indirect,general administrative
costs,and fringe benefits).The Grantee must provide the additional proof within thirty(30)days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's,or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s)the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s)the payment(s)are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
28. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions,all services contracted for are to be performed
solely by Grantee.
b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For
cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may,for cause,deny access to Department's secure information or any facility by any Grantee
employee,subcontractor,or agent.
d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any
subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities,unless the basis of Department's denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by
the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
31. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
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is sold during the period the Agreement is in effect,Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
32. Survival.
The respective obligations of the parties,which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation,the obligations regarding confidentiality, proprietary interests,and
public records,shall survive termination,cancellation,or expiration of this Agreement.
33. Third Parties.
The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee,its
agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third-
party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement.
34. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions
are severable to that void provision,and shall remain in full force and effect.
35. Grantee's Employees,Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request,Grantee shall furnish a copy of
technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell, assign,or transfer any of its rights,duties,or obligations under the Agreement,or under
any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event
of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly
waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
37. Execution in Counterparts and Authority to Sign.
This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.T1827
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment I. Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the construction of 12'x 1,500'(+/- 10%)hard-surface trail..The Project
is defined in more detail in Attachment 3,Grant Work Plan.
2. Duration.
a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement.
b. Extensions.There are two one-year extensions available to the Grantee,if requested in writing,for good cause,
subject to the conditions in 62S-2.075(7)(a),F.A.C.There are no other extensions available for this Project.
c. Service Periods.Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur after approval of the final delivereable(s).
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
Reimbursement Match Category
E E Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
E E a. Fringe Benefits,N/A.
E E b. Indirect Costs,N/A.
E E Contractual(Subcontractors)
❑ ❑ Travel
❑ ❑ Equipment
E E Rental/Lease of Equipment
E E Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
5. Travel.
Additional compensation for travel is not authorized under this Agreement.
6. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
7. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
8. Match Requirements
The Agreement requires at least a 50%match on the part of the Grantee. Therefore,the Grantee is responsible for
providing$200,000 through cash or third party in-kind towards the project funded under this Agreement.
Attachment 2
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Rev. 12/11/2018
The Grantee may claim allowable project expenditures made on 9/11/2018 or after for purposes of meeting its match
requirement as identified above.
Each payment request submitted shall document all matching funds and/or match efforts(i.e.,in-kind services)
provided during the period covered by each request.The final payment will not be processed until the match
requirement has been met.
All required matching funds shall meet the federal requirements established in 2 CFR§200.306 and other federal
statutory requirements,as applicable. Grantee acknowledges and agrees to provide eligible match types as set forth
in subsection 62S-2.071(4Xb),F.A.C. Grantee acknowledges and agrees not to provide ineligible match sources
which includes value of real property or inmate labor.
9. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or
alternatively,Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement,however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department,its employees,and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each
occurrence and$500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile
liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers'Compensation and Employer's Liability Coverage.
The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.,and employer's
liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement.
d. Other Insurance.None.
10. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
11. Retainage.
Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10%of the total amount of the
Agreement.
12. Subcontracting.
a. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior
approval.Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed
under this Agreement.
b. The Grantee shall physically attach:(1)Attachment 8,Contract Provisions for Department of Transportation
(DOT)Funded Agreements;(2)Exhibit F,Form FHWA-1237,Required Contract Provisions Federal-Aid
Construction Contracts;and(3)Exhibit G,49 CFR§26.13;to all subcontracts executed under this Agreement.
13. State-owned Land.
The work will not be performed on State-owned land.
Attachment 2
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Rev. 12/11/2018
14. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
15. Additional Terms.
None.
Attachment 2
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Rev 12/11/2018
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32 1 •
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents,papers, letters,or other material, regardless
of the physical form, characteristics,or means of transmission,made or received by Grantee in conjunction with the
Agreement(Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida
Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph,the term "contract"means the"Agreement." If Grantee is a"contractor"as
defined in section 1 I9.0701(1)(a), F.S.,the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S.,or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract,transfer, at no cost,to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department.These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word,Outlook,Adobe,or Excel,and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services@a,floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1 of I
Rev.4/27/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
Attachment 5
The administration of resources awarded by the Department of Environmental Protection(which may be referred to
as the "Department'; "DEP", "FDEP"or"Grantor", or other name in the agreement)to the recipient(which may be
referred to as the"Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring
by the Department of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200,
Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not
be limited to,on-site visits by Department staff,limited scope audits as defined by OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement,the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope
audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133,as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330
(for fiscal year start dates after December 26,2014).
1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200,
Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of
Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year,
the recipient shall consider all sources of Federal awards, including Federal resources received from the
Department of Environmental Protection. The determination of amounts of Federal awards expended should
be in accordance with the guidelines established by OMB Circular A-133,as revised,and 2 CFR Part 200,
Subpart F.An audit of the recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised,
and 2 CFR Part 200,Subpart F.
3. If the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part
200,Subpart F, is not required. In the event that the recipient expends less than$500,000(or$750,000,as
applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F the cost of the audit must be
paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities).
Attachment 5
I f 5
Rev.7/18/2018
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
interne at www.cfda.2ov
PART II:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department
of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the
recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit
conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must
be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at httns://anps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III:OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(Le., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
2 CFR Part 200,Subpart F and required by PART I of this Attachment shall be submitted,when required by
Section .320(d),OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,by or on behalf of the
recipient directly to each of the following:
Attachment 5
2of5
Rev.7/18/2018
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSi ngleAudit(aidep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR
§200.501(a)(the number of copies required by Sections.320(d)(1)and(2),OMB Circular A-133,
as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(1),
OMB Circular A-133,as revised,and 2 CFR§200.512.
2. Pursuant to Section.320(f),OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,the recipient
shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Attachment 5
3 of 5
Rev.7/18/2018
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32399-1450
4. Copies of reports or management letters required by PART Ill of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@den.state.fl.us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,as
applicable.
6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-I 33,as revised and 2 CFR Part 200,Subpart F,or Chapters
10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General,should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of five(5)years from the date the audit report is issued,and shall allow the Department of Environmental Protection,
or its designee, Chief Financial Officer,or Auditor General access to such records upon request.The recipient shall
ensure that audit working papers are made available to the Department of Environmental Protection,or its designee,
Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report
is issued,unless extended in writing by the Department of Environmental Protection.
Attachment 5
4 of 5
Rev.7/182018
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM SPECIFIC REQUIREMENTS
FOR THE RECREATIONAL TRAILS GRANT PROGRAM
ATTACHMENT 6
1. Project Submittal Forms.
Administrative Forms,Reimbursement Forms and guidelines referenced in this Agreement may be found at
https://floridadep.gov/000/land-and-recreation-grants/content/recreational-trails-program,or by contacting the
Department's Grant Manager.
2. Notice to Proceed.
Prior to commencement of Project,the Grantee shall submit to the Department for approval all documentation and
completion of responsibilities listed on the Commencement Documentation Checklist, OGT-11. In addition to the
Checklist items, the Grantee shall submit a copy of the executed subcontract to the Department. Upon satisfactory
approval by the Department,the Department will issue written"Notice to Proceed"to the Grantee to commence the
Project.The Grantee SHALL NOT proceed until the Department issues the"Notice to Proceed". The Grantee
shall commence Task Performance within ninety(90)days after the"Notice to Proceed"is issued by the Department,
unless the Grantee requests an extension in writing for good cause, in accordance with the requirements of 62S-
2.075(7Xa),F.A.C.
3. RTP Guidelines.
a. This Agreement must be performed according to all applicable state and federal guidelines, including but not
limited to,23 U.S.C.§206,Chapter 260,F.S.,Chapter 62S-2,F.A.C.,and the FHWA Recreational Trails
Program Interim Guidance Manual(Manual).The Grantee acknowledges that receiving this grant does not
guarantee that a federal,state,or local permit will be issued for a particular activity to complete the Project.
Further,the Grantee agrees to ensure that Grantee has obtained all necessary permits prior to implementing any
Grant Work Plan activity that may fall under applicable federal,state,or local laws.
b. The Department will terminate this Project Agreement if the Commencement Documentation is not received
and approved by the Department within twelve(12)months of this Project Agreement's execution.The
Department may extend this time period for good cause,such as a natural disaster,pursuant to subparagraph
62S-2.075(7)(d)3,F.A.C.
c. The Grantee shall adhere to the uniform administrative requirements for federal awards from the Department of
the Interior,found under 2 CFR 1402.
4. National Environmental Policy Act Compliance.
The Grantee's compliance with the Florida Department of Transportation's Project Development and Environmental
Manual(PD&E Manual),hereby incorporated by reference constitutes compliance with National Environmental
Policy Act(NEPA)standards as more fully implemented pursuant to subsection 62S-2.074(1),F.A.C.
5. The following hereby replaces paragraph 8.d,Attachment 1,Standard Terms and Conditions:
a. Reimbursement for Costs. Project costs will be reimbursed as provided in paragraph 62S-2.075(3)(a),F.A.C.
and in the Project Agreement.The Grantee must incur costs between the effective date of,and the Project
Completion Date identified in,the Project Agreement,except for Pre-agreement expenses.The Grantee shall be
paid on a cost reimbursement basis for all eligible Project costs upon the completion,submittal,and approval of
each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C,Payment
Request Summary Form.To be eligible for reimbursement,costs must be in compliance with laws,rules,and
regulations applicable to expenditures of State funds, including,but not limited to,the Reference Guide for
State Expenditures,which can be accessed at the following web address:
www.myfloridacfo.com/aadir/reference guide/.
i. Pre-agreement Expenses means expenses incurred by a Grantee for an eligible RTP project after authorization
by Federal Highway Administration (FHWA) but before full execution of the Agreement. RTP funds
remaining after termination of a grant award or completion of Project will revert to the State's program funds
under the provisions of the federal Transportation Equity Act for the 21st Century(TEA-21)and subsection
Attachment 6
1 of4
Rev.9/4/2018
1
62S-2.075(6),F.A.C.All funds not paid out after four(4)years will revert to FHWA pursuant to paragraph
62S-2.075(7Xa), F.A.C. The Grantee will be entitled to reimbursement of eligible Pre-agreement Expenses
for expenses incurred after the Department provides notice of Project approval and before the effective date
of this Agreement.
6. The following hereby replaces paragraph 8.h,Attachment 1,Standard Terms and Conditions:
h. Annual Appropriation Contingency.The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature&the FHWA.This Agreement is not a commitment
of future appropriations.Authorization for continuation and completion of work and any associated payments
may be rescinded,with proper notice,at the discretion of Department if the Legislature&the FHWA reduces or
eliminates appropriations.It is further understood that Grant Awards may be revised by the Department due to
the availability of RTP Program Funds.
7. The following hereby adds to paragraph 8,Attachment 1,Standard Terms and Conditions:
k. Proiect Costs.The Department will reimburse Project costs pursuant to paragraph 62S-3.075(3Xa),F.A.C.,and
as provided herein. The Grantee must incur all reimbursable Project costs between the Effective Date of the
Agreement and the Project Completion Date as set forth in the Project Completion Certification.
I. Cost Limits. Pursuant to paragraph 62S-2.075(3)(b), F.A.C., project planning expenses, such as application
preparation,surveys(boundary and topographic),title searches,project signs,architectural and engineering fees,
permitting fees,project inspection fees,and other similar fees are eligible Project costs provided that such costs
do not exceed fifteen percent(15%)of the total Project cost.These costs must be incurred between the Agreement
Begin Date and the Agreement Expiration Date.
8. The following replaces paragraph 10,Attachment 1,Standard Terms and Conditions:
Status Reports.
a. The Grantee must utilize Exhibit A,Project Status Report,DRP-109,available online and incorporated herein by
reference,to describe the work performed during the reporting period,problems encountered,problem
resolutions,schedule updates,and proposed work for the next reporting period. The Project Status Reports
must be submitted to the Department's Grant Manager no later than January 5,May 5,and September 5. The
Department's Grant Manager will have thirty(30)calendar days to review the required reports and deliverables
submitted by the Grantee.The Department's Grant Manager will have thirty(30)calendar days to review the
required reports and deliverables submitted by the Grantee.
b. Additionally,the Grantee must comply with the reporting and inventory requirements set forth in the Statewide
Comprehensive Outdoor Recreation Plan(SCORP),available online:https://floridadep.gov/parks/florida-scorp-
outdoor-recreation-florida and hereby incorporated by reference,by updating the Florida Outdoor Recreation
Inventory(FORT)system(https://floridadep.gov/parks/florida-outdoor-recreation-inventory).
9. Site Dedication.
a. The Grantee agrees to dedicate for ninety-nine (99) years the Project Site and all land within the Project
boundaries,which is developed or acquired with RTP Program Funds,as an outdoor recreational area for the use
and benefit of the general public in accordance with Rule 62S-2.076,F.A.C. Land under control other than by
ownership of the Grantee(e.g.,by lease)must be dedicated as an outdoor recreation area for the use and benefit
of the general public for a minimum of twenty-five(25)years from the Project Completion Date as set forth in
the Project Completion Certificate.The lease must not be revocable at will;must extend for twenty-five(25)years
after Project Completion Date;and must include safeguards to ensure the use requirement enabling the Grantee
to dedicate the land for the twenty-five(25)year period.Safeguards include such things as joint sponsorship of
the Project or an agreement between the Parties that the lessor will assume compliance responsibility for the
Project Site in the event of default by the lessee(Grantee)or termination or expiration of the lease.The dedication
must be recorded in the county's public property records by the Grantee,or in the case of a nonprofit Grantee,by
the land owner. Execution of this Agreement by the Department constitutes an acceptance of a Project Site
dedication on behalf of the general public of the State of Florida.The Project Site(s)must be open at reasonable
times and must be managed in a safe and attractive manner.The Grantee must obtain Department approval prior
to any development of facilities on the Project Site. This Agreement is not transferable.
b. Should the Grantee's interest in the land change,either by sale,lease,or other written legal instrument,the Grantee
is required to notify the Department in writing of the change no later than ten(10)days after the change occurs,
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and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as
set forth in this Agreement.
c. At the option of the Grantee,the Project Site may be afforded Section 6(f)(3)protection of the Land and Water
Conservation Fund Act(LWCF), as codified in 36 CFR § 59.3. The Grantee must have sufficient control and
tenure of the Project Site as specified in the LWCF Manual in order to provide reasonable assurance that a
conversion will not occur without approval of the National Park Service. The Grantee must notify the Department
that it requests Section 6(0(3)protection prior to the FHWA authorizing the Project.
10. Management of Project Site.
a. Site Inspections.Grantees must ensure by site inspections that facilities on the Project Site are being operated
and maintained for public outdoor recreational purposes for a period of twenty-five(25)years from the Project
Completion Date set forth in the Project Completion Certificate.The Project Site must be open at reasonable
times and managed in a safe and attractive manner.
b. Non-Compliance.The Department will terminate an Agreement and demand return of the program funds
(including interest)if a Grantee fails to comply with the terms stated in the Agreement.If the Grantee fails to
comply with the Agreement,the Department will declare the Grantee ineligible for further participation in RTP
until such time as the Grantee comes into compliance.
c. Public Accessibility.All facilities must be accessible to the public on a non-exclusive basis without regard to
age,gender,race,religion,residence,or ability level.
d. Entrance Fees.Grantees may charge user fees for the Project Site,as described in the Guidance. Reasonable
differences in entrance fees for other RTP projects may are allowed on the basis of residence,but only if the
grantee can clearly show that the difference in entrance fees reflects,and is substantially related to,all economic
factors related to park management,and is not simply related to the amount of tax dollars spent by the residents
for the park;and that a definite burden on the Grantee in park maintenance costs clearly justifies a higher fee for
nonresidents.
11. Procurement Requirements for Grantee.
The Grantee must secure all goods and services for accomplishment of this Project according to its adopted
procurement procedures and applicable federal requirements identified in the FHWA Recreational Trails Guidance
Manual.
12. Project Completion Certification.
Project completion means the Project is open and available for use by the public.To certify completion,the Grantee
will submit to the Department the Project Completion Certification,OGT-14,available online and incorporated
herein by reference.The Project must be designated complete prior to release of final reimbursement.
13. Good Cause Extensions.
The Department staff will only extend this Agreement for good cause such as financial hardship,public controversy,
material shortage,unexpected weather conditions,or other major factors beyond Grantee's control.
14. Signage.
The Grantee must erect a permanent information sign on the Project site which credits funding or a portion thereof,
to the Florida Department of Environmental Protection and the Recreational Trails Program. The sign must be made
of appropriate materials,which will be durable for a minimum of twenty-five(25)years after the Project is
complete. The sign must be installed on the Project site and approved by the Department before the final Project
reimbursement request is processed.
15. Termination and Ineligibility.
In addition to the remedies provided elsewhere in this Agreement,if the Grantee materially fails to comply with the
terms stated in this Agreement or with any provisions of Chapter 62S-2,F.A.C.,the Department shall terminate this
Agreement and demand return of the program funds(including interest)and any equipment purchased with grant
funds that has not been properly disposed of in accordance with the federal property management requirements set
forth in 2 CFR Part 200,Subpart D(§§200.310 through 200.316). Furthermore,the Department shall declare the
Grantee ineligible for further participation in RTP until such time as compliance has been obtained pursuant to
subsection 62S-2.076(4).
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16. Conversion.
This Project Site acquired and/or developed with RTP assistance must be retained and used for public outdoor
recreation.Should the Grantee,within the periods set forth in subsections 62S-2.076(1)and(2),F.A.C.,convert all
or part of the Project Site to other than public outdoor recreational uses,the Grantee must replace the area,facilities,
resource,or Project Site at its own expense with an acceptable project of comparable or greater value,scope,and
quality.
17. Monitoring.
The Grantee further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed
necessary by the Florida Department of Transportation(FDOT)and FHWA. The Grantee also grants the FDOT and
FHWA the same monitoring rights it has agreed to provide the Department.
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ATTACHMENT 8
Contract Provisions for Department of Transportation (DOT)Funded Agreements
The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following
provisions, where applicable. For purposes of this Grant Agreement between the Department and the
Grantee,the term"Recipient"shall mean"Grantee."
Further,the Department,as a pass-through entity,also requires the Grantee to pass on these requirements to
all lower tier subrecipients,and to comply with the provisions of the award,including applicable provisions
of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore,
Grantees must include these requirements in all related subcontracts and/or sub-awards. Grantees can include
these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however
for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the
subrecipients shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
1. Administrative,Contractual,and Legal Remedies
The following provision is required if the Agreement is for more than$150,000. In addition to any of the
remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the
terms and conditions of this Contract,including any Federal or State statutes,rules or regulations,applicable
to this Contract,the Non-Federal Entity may take one or more of the following actions.
A. Temporarily withhold payments pending correction of the deficiency by the Recipient.
B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of
the cost of the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Contract.
D. Take other remedies that may be legally available.
The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension
under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand
a refund,either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of
this Agreement.
2. Termination for Cause and Convenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of"federally assisted construction
contract"as defined by 41 CFR Part 60-1.3:
During the performance of this Agreement,the Recipient agrees as follows:
i. The Recipient will not discriminate against any employee or applicant for employment
because of race,color,religion,sex,sexual orientation,gender identity,or national origin.
The Recipient will take affirmative action to ensure that applicants are employed,and
that employees are treated during employment without regard to their race,color,religion,
sex,sexual orientation,gender identity,or national origin.Such action shall include,but not
be limited to the following:
a. Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;
layoff or termination;rates of pay or other forms of compensation;and selection for
training,including apprenticeship.The Recipient agrees to post in conspicuous places,
available to employees and applicants for employment,notices to be provided setting
forth the provisions of this nondiscrimination clause.
ii. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf
of the Recipient,state that all qualified applicants will receive consideration for employment
without regard to race,color,religion,sex,sexual orientation,gender identity,or national
origin.
iii. The Recipient will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant has inquired
about,discussed,or disclosed the compensation of the employee or applicant or
another employee or applicant.This provision shall not apply to instances in which
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an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions discloses
the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information,unless such disclosure is in response to a formal complaint
or charge,in furtherance of an investigation,proceeding,hearing,or action,including an
investigation conducted by the employer,or is consistent with the Recipient's legal duty to
furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other Agreement or understanding,a notice to be provided
advising the said labor union or workers'representatives of the Recipient's commitments
under this section,and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24,
1965,and of the rules,regulations,and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or
pursuant thereto,and will permit access to his books,records,and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules,regulations,and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules,regulations,or orders,this Agreement may be
canceled,terminated,or suspended in whole or in part and the Recipient may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and
such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as
otherwise provided by law.
viii.The Recipient will include the portion of the sentence immediately preceding paragraph(1)
and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless
exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding
upon each subcontractor or vendor.The Recipient will take such action with respect to
any subcontractor purchase order as the administering agency may direct as a means of
enforcing such provisions,including sanctions for noncompliance.
4. Davis Bacon Act
If the Agreement is a prime construction contract in excess of$2,000 awarded by the Recipient,and if
required by the Federal Legislation,the Recipient must comply with the Davis-Bacon Act(40 U.S.C.3141-
3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In
accordance with the statute,contractors must pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,
contractors must pay wages not less than once a week. The Recipient must comply with the Copeland
"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part
3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States").The Act provides that each Recipient or subrecipient must be
prohibited from inducing,by any means,any person employed in the construction,completion,or repair of
public work,to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act
Where applicable,if the Agreement is in excess of$100,000 and involves the employment of mechanics or
laborers,the Recipient must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of
Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each Recipient must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work
in excess of the standard work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer
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•
or mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market,or contracts for transportation or transmission of
intelligence.
6. Rights to Inventions Made Under Agreement
If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non-
Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties,assignment or performance of experimental,
developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient
must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative
Agreements,"and any implementing regulations issued by the awarding agency.
7. Clean Air Act(42 U.S.C.7401-7671q.),the Federal Water Pollution Control Act(33 U.S.C. 1251-
1387).and EPA Regulations
If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders
or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water
Pollution Control Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part 15). Violations
must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection
Agency(EPA).
8. Debarment and Suspension(Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the govemmentwide exclusions in the System for Award
Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement
Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p.235),
"Debarment and Suspension."
9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)
The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection with
obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.If applicable,the
Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining
any Federal award,using form SF-LLL,available at:
https://apply07.grants.gov/apply/forms/sample/SFLLL 1 2 P-V 1.2.pdf.
10. Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the
Resource Conservation and Recovery Act as described in 2 CFR part 200.322.
ADMINISTRATIVE
11. General Federal Regulations
Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et
sequence.
12. Rights to Patents and Inventions Made Under a Contract or Agreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing
regulations,which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212.
13. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175)
Recipients,their employees,subrecipients under this award,and subrecipients'employees may not:
A. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
B. Procure a commercial sex act during the period of time that the award is in effect;or
C. Use forced labor in the performance of the award or subawards under the award.
14. Whistleblower Protection
Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14,2016 has been permanently extended(Public Law(P.L.) 114-261).
A. This award,related subawards,and related contracts over the simplified acquisition threshold
and all employees working on this award, related subawards, and related contracts over the
simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot
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program on award recipient employee whistleblower protections established at 41 U.S.C.4712
by section 828 of the National Defense Authorization Act for Fiscal Year 2013(P.L. 112-239).
B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce,of the employee whistleblower rights and protections
under 41 U.S.C.4712.
C. The Recipient shall insert this clause, including this paragraph C, in all subawards and in
contracts over the simplified acquisition threshold related to this award;best efforts should be
made to include this clause,including this paragraph C in any subawards and contracts awarded
prior to the effective date of this provision.
15. Notification of Termination(2 CFR§200.340)
In accordance with 2 CFR§ 200.340, in the event that the Agreement is terminated prior to the end of the
period of performance due to the Recipient's or subcontractor's material failure to comply with Federal
statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall
be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,
accessible through System for Award Management(SAM)currently the Federal Awardee Performance and
Integrity Information System(FAPIIS). The Non-Federal Entity will notify the Recipient of the termination
and the Federal requirement to report the termination in FAPIIS. See 2 CFR§200.340 for the requirements
of the notice and the Recipient's rights upon termination and following termination.
16. Additional Lobbying Requirements
A. The Recipient certifies that no funds provided under this Agreement have been used or will be
used to engage in the lobbying of the Federal Government or in litigation against the United
States unless authorized under existing law.
B. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any
organization described in Section 501(cx4) of the Internal Revenue Code, from receiving
federal funds through an award, grant (and/or subgrant) or loan unless such organization
warrants that it does not,and will not engage in lobbying activities prohibited by the Act as a
special condition of such an award,grant(and/or subgrant),or loan. This restriction does not
apply to loans made pursuant to approved revolving loan programs or to contracts awarded
using proper procurement procedures.
C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from
using funds provided by this Agreement for membership dues to any entity or organization
engaged in lobbying activities.
COMPLIANCE WITH ASSURANCES
17. Assurances
Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to
the Federal Government during the Grant application process.
FEDERAL REPORTING REQUIREMENTS
Grant Recipients awarded a new Federal grant greater than or equal to$30,000 awarded on or after October
1,2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of
2006. The FFATA legislation requires that information on federal awards(federal financial assistance and
expenditures) be made available to the public via a single, searchable website, which is
www.USASpending.gov.The Grantee agrees to provide the information necessary,within one(1)month of
execution,for the Department to comply with this requirement.
DEPARTMENT OF TRANSPORTATION-SPECIFIC
18. DOT Regulations
Recipients shall comply with the following regulations: 2 CFR 1200-1201,49 CFR 17,49 CFR 20-21, 49
CFR 25-28.
19. Retention and Access Requirements for Records
Pursuant to 49 CFR§18.37(ax3),for cost reimbursement subgrants of any tier,Recipients and subrecipients
shall comply with the record retention and access requirements of 49 CFR§18.42.
20. Energy Efficiency Policies
Recipients must comply with mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act(Pub.L.94-163,89 Stat.871).
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21. Drug-Free Workplace
The Department must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the
specific requirements set forth in 49 CFR 32. Additionally, in accordance with these regulations, the
recipients must identify all known workplaces under its federal awards, and keep this information on file
during the performance of the award.
22. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
As applicable,Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970(P.L.91-646)to provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
23. Payments to Subcontractors
The Recipient must pay all subcontractors within 30 days of receipt of payment in accordance with 49 CFR
26.29. If retainage is withheld,the Department may make prompt and regular incremental acceptances of
portions of the Agreement and pay retainage to Recipients based on these acceptances. Further,the Recipient
must pay all retainage owed to the subcontractors for satisfactory completion of the accepted work within
30 days after your payment to the Recipient.
FEDERAL HIGHWAY ADMINISTRATION-SPECIFIC
24. Federal Highway Administration(FHWA)Contractors&Recipients General Terms and
Conditions for Assistance Awards
Recipients shall comply with FWHA Contractors&Recipients General Terms and Conditions for Assistance
Awards available at https://www.fhwa.dot.gov/cfo/contractor recip/gtandc generaltermsconditions.cfm,
and incorporated by reference.
25. Contract Provisions
If the Project meets the definition of a"Federal Aid Construction Project," Form FHWA-1273 Required
Contract Provisions, available at https://www.fhwa.dot.gov/construction/cgit/formI273.cfm and
incorporated by reference,must be physically incorporated into each contract and subcontract.
RECREATIONAL TRAILS PROGRAM-SPECIFIC
26. Recreational Trails Program Guidance
Recipients shall comply with the applicable requirements of Recreational Trails Program Guidance available
at https://www.fhwa.dot.gov/environment/recreational trails/guidance/index.cfm, and incorporated by
reference.
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FHWA-1273-- Revised May 1,2012
ATTACHMENT 9
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in these
II. Nondiscrimination Required Contract Provisions may be sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments.withholding of final
IV. Davis-Bacon and Related Act Provisions payment.termination of the contract,suspension/debarment
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI. Subletting or Assigning the Contract
VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract.
VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Governmentwide Suspension and parole,supervised release,or probation.The term Federal-aid
Debarment Requirements highway does not include roadways functionally classified as
Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of S10.000 or more.The
provisions of 23 CFR Part 230 are not applicable to material
supply,engineering.or architectural service contracts.
I. GENERAL
In addition,the contractor and all subcontractors must comply
1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60,
construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contracts solely intended for debris removal).The Rehabilitation Act of 1973.as amended(29 USC 794),Title VI
contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964.as amended.and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR
subcontracts(excluding purchase orders.rental agreements Parts 200,230,and 633.
and other agreements for supplies or services).
The contractor and all subcontractors must comply with:the
The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding 510.000.
order,rental agreement or agreement for other services.The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
subcontractor,lower-tier subcontractor or service provider.
Note:The U.S.Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60.and 29
subcontracts(excluding subcontracts for design services. CFR 1625-1627. The contracting agency and the FHWA have
purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services).The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as
for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of
or service provider. 1964,as amended,and related regulations including 49 CFR
Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix
Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S.
referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding purchase orders,rental agreements
and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment
construction contract). opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
2. Subject to the applicability criteria noted in the following under laws,executive orders. rules,regulations(28 CFR 35,
sections.these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
and with the assistance of workers under the contractor's provisions prescribed herein.and imposed pursuant to 23
immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative
contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under
Attachment 9, Page 1 of 11
this contract.The provisions of the Americans with Disabilities 4. Recruitment:When advertising for employees.the
Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer."All such
contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO: which the project work force would normally be derived.
a.The contractor will work with the contracting agency and a. The contractor will.unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women.To
of activities under the contract. meet this requirement.the contractor will identify sources of
potential minority group employees,and establish with such
b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
"It is the policy of this Company to assure that applicants
are employed,and that employees are treated during b. In the event the contractor has a valid bargaining
employment,without regard to their race,religion.sex,color, agreement providing for exclusive hiring hall referrals,the
national origin,age or disability.Such action shall include: contractor is expected to observe the provisions of that
employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's
recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions.Where
other forms of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training." contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make known
to the contracting officers an EEO Officer who will have the c. The contractor will encourage its present employees to
responsibility for and must be capable of effectively refer minorities and women as applicants for employment.
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
so.
5.Personnel Actions:Wages.working conditions.and
3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and
staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading,
discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color, religion,sex,national
cognizant of,and will implement,the contractor's EEO policy origin,age or disability.The following procedures shall be
and contractual responsibilities to provide EEO in each grade followed.
and classification of employment.To ensure that the above
agreement will be met.the following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
a. Periodic meetings of supervisory and personnel office personnel.
employees will be conducted before the start of work and then
not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of
contractor's EEO policy and its implementation will be wages paid within each classification to determine any
reviewed and explained.The meetings will be conducted by evidence of discriminatory wage practices.
the EEO Officer.
c. The contractor will periodically review selected personnel
b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering discrimination.Where evidence is found.the contractor will
all major aspects of the contractor's EEO obligations within promptly take corrective action.If the review indicates that the
thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection
women. with its obligations under this contract,will attempt to resolve
such complaints,and will take appropriate corrective action
d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the
policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant.
applicants for employment and potential employees. such corrective action shall include such other persons. Upon
completion of each investigation,the contractor will inform
e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks,or 6.Training and Promotion:
other appropriate means.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
Attachment 9, Page 2 of 11
applicants for employment or current employees.Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractor's work forcerequirements and undue hardship.
as permissible under Federal and State regulations,the
contractor shall make full use of training programs.i.e., 9.Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-the-job training programs for the and Leasing of Equipment: The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race.color.religion,sex.
special provision for training is provided under this contract, national origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
special provision.The contracting agency may reserve leases of equipment.The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C.140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
10. Assurance Required by 49 CFR 26.13(b):
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by
increase opportunities for minorities and women.Actions by reference.
the contractor.either directly or through a contractor's
association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race,color,national origin,or sex in the
performance of this contract.The contractor shall carry out
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the
toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11. Records and Reports:The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race,color,religion,sex, national origin.age or requirements.Such records shall be retained for a period of
disability. three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA.
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
information to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project:
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement.the contractor will. (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
vacancies without regard to race.color,religion,sex,national opportunities for minorities and women;and
origin,age or disability;making full efforts to obtain qualified
and/or qualifiable minorities and women.The failure of a union (3)The progress and efforts being made in locating, hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women;
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project.indicating the number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
special provisions.such contractor shall immediately notify the classification required by the contract work.This information is
contracting agency. to be reported on Form FHWA-1391.The staffing data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
Attachment 9, Page 3 of 11
will be required to collect and report training data.The of paragraph 1.d.of this section:also.regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. which cover the particular weekly period,are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
III. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed.without regard to
This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4). Laborers or
contracts and to all related construction subcontracts of mechanics performing work in more than one classification
$10,000 or more. may be compensated at the rate specified for each
classification for the time actually worked therein:Provided,
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this
use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be
employee custom.The contractor's obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location,under the contractor's control,where it can be easily seen by the workers.
the facilities are segregated.The term"facilities"includes
waiting rooms,work areas.restaurants and other eating areas, b.(1)The contracting officer shall require that any class of
time clocks,restrooms.washrooms,locker rooms,and other laborers or mechanics,including helpers.which is not listed in
storage or dressing areas.parking lots,drinking fountains, the wage determination and which is to be employed under the
recreation or entertainment areas.transportation.and housing contract shall be classified in conformance with the wage
provided for employees.The contractor shall provide separate determination.The contracting officer shall approve an
or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure privacy between sexes. therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification
requested is not performed by a classification in the wage
determination:and
This section is applicable to all Federal-aid construction
projects exceeding$2.000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size).The (ii)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction industry:and
way of a roadway that is functionally classified as Federal-aid
highway.This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide
local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the
Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination.
other projects.
(2) If the contractor and the laborers and mechanics to be
The following provisions are from the U.S. Department of employed in the classification(if known),or their
Labor regulations in 29 CFR 5.5"Contract provisions and representatives,and the contracting officer agree on the
related matters"with minor revisions to conform to the FHWA- classification and wage rate(including the amount
1273 format and FHWA program requirements. designated for fringe benefits where appropriate).a report of
the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division,Employment
Standards Administration,U.S. Department of Labor.
Washington.DC 20210.The Administrator,or an authorized
a. All laborers and mechanics employed or working upon representative,will approve.modify,or disapprove every
the site of the work,will be paid unconditionally and not less additional classification action within 30 days of receipt and
often than once a week.and without subsequent deduction or so advise the contracting officer or will notify the contracting
rebate on any account(except such payroll deductions as are officer within the 30-day period that additional time is
permitted by regulations issued by the Secretary of Labor necessary.
under the Copeland Act(29 CFR part 3)),the full amount of
wages and bona fide fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives.
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof,regardless of any contractual relationship which may classification and wage rate(including the amount
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the
and mechanics. contracting officer shall refer the questions,including the
views of all interested parties and the recommendation of the
contracting officer,to the Wage and Hour Administrator for
Contributions made or costs reasonably anticipated for bona determination.The Wage and Hour Administrator,or an
fide fringe benefits under section 1(b)(2)of the Davis-Bacon authorized representative,will issue a determination within
Act on behalf of laborers or mechanics are considered wages 30 days of receipt and so advise the contracting officer or
paid to such laborers or mechanics,subject to the provisions
Attachment 9, Page 4 of 11
will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show
additional time is necessary. that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible,and that the
plan or program has been communicated in writing to the
(4)The wage rate(including fringe benefits where appropriate) laborers or mechanics affected,and records which show the
determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this costs anticipated or the actual cost incurred in providing such
section,shall be paid to all workers performing work in the benefits.Contractors employing apprentices or trainees under
classification under this contract from the first day on which approved programs shall maintain written evidence of the
work is performed in the classification. registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and
c.Whenever the minimum wage rate prescribed in the trainees.and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs.
benefit which is not expressed as an hourly rate,the contractor
shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in
or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to
equivalent thereof. the contracting agency.The payrolls submitted shall set out
accurately and completely all of the information required to be
d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social
other third person.the contractor may consider as part of the security numbers and home addresses shall not be included
wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to
reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee
under a plan or program. Provided,That the Secretary of e.g. ,the last four digits of the employee's social security
Labor has found.upon the written request of the contractor, number).The required weekly payroll information may be
that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is
been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
obligations under the plan or program. or its successor site.The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
2. Withholding security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract,or any other Federal requirements. It is not a violation of this section for a prime
contract with the same prime contractor.or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics. (2)Each payroll submitted shall be accompanied by a
including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or
contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract.In the event of failure to pay any payment of the persons employed under the contract and shall
laborer or mechanic,including any apprentice,trainee.or certify the following:
helper,employed or working on the site of the work,all or part
of the wages required by the contract,the contracting agency
may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of
payment,advance,or guarantee of funds until such violations Regulations.29 CFR part 5,the appropriate information is
have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5.and that such information is correct and
complete;
3. Payrolls and basic records
(ii)That each laborer or mechanic(including each
a. Payrolls and basic records relating thereto shall be helper,apprentice,and trainee)employed on the contract
maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly
preserved for a period of three years thereafter for all laborers wages earned,without rebate,either directly or indirectly,
and mechanics working at the site of the work.Such records and that no deductions have been made either directly or
shall contain the name.address,and social security number of indirectly from the full wages earned,other than
each such worker,his or her correct classification,hourly rates permissible deductions as set forth in Regulations.29 CFR
of wages paid(including rates of contributions or costs part 3;
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act).daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed.
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract.
plan or program described in section 1(b)(2)(B)of the Davis-
Attachment 9, Page 5 of 11
(3)The weekly submission of a properly executed certification rate specified in the applicable wage determination.
set forth on the reverse side of Optional Form WH-347 Apprentices shall be paid fringe benefits in accordance with
shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the
"Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits,
this section. apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
(4)The falsification of any of the above certifications may practice prevails for the applicable apprentice classification,
subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination.
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
In the event the Office of Apprenticeship Training,Employer
and Labor Services,or a State Apprenticeship Agency
c.The contractor or subcontractor shall make the records recognized by the Office.withdraws approval of an
required under paragraph 3.a. of this section available for apprenticeship program,the contractor will no longer be
inspection,copying,or transcription by authorized permitted to utilize apprentices at less than the applicable
representatives of the contracting agency.the State DOT,the predetermined rate for the work performed until an acceptable
FHWA.or the Department of Labor,and shall permit such program is approved.
representatives to interview employees during working hours
on the job.If the contractor or subcontractor fails to submit the
required records or to make them available.the FHWA may, b.Trainees(programs of the USDOL).
after written notice to the contractor,the contracting agency or
the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be
cause the suspension of any further payment.advance.or permitted to work at less than the predetermined rate for the
guarantee of funds.Furthermore.failure to submit the required work performed unless they are employed pursuant to and
records upon request or to make such records available may individually registered in a program which has received prior
be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S.
Department of Labor. Employment and Training
4. Apprentices and trainees Administration.
a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress,
Labor. Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall
a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits.trainees shall be paid the full amount of fringe
program,who is not individually registered in the program.but benefits listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training,Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
The allowable ratio of apprentices to journeymen on the job approved by the Employment and Training Administration shall
site in any craft classification shall not be greater than the ratio be paid not less than the applicable wage rate on the wage
permitted to the contractor as to the entire work force under determination for the classification of work actually performed.
the registered program.Any worker listed on a payroll at an In addition,any trainee performing work on the job site in
apprentice wage rate.who is not registered or otherwise excess of the ratio permitted under the registered program
employed as stated above.shall be paid not less than the shall be paid not less than the applicable wage rate on the
applicable wage rate on the wage determination for the wage determination for the work actually performed.
classification of work actually performed. In addition,any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered,the ratios and wage acceptable program is approved.
rates(expressed in percentages of the journeyman's hourly
rate)specified in the contractor's or subcontractor's registered c. Equal employment opportunity.The utilization of
program shall be observed. apprentices.trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246, as amended.and 29
specified in the registered program for the apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
Attachment 9, Page 6 of 11
d. Apprentices and Trainees(programs of the U.S.DOT). CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Apprentices and trainees working under apprenticeship and The following clauses apply to any Federal-aid construction
skill training programs which have been certified by the contract in an amount in excess of S100,000 and subject to the
Secretary of Transportation as promoting EEO in connection overtime provisions of the Contract Work Hours and Safety
with Federal-aid highway construction programs are not Standards Act.These clauses shall be inserted in addition to
subject to the requirements of paragraph 4 of this Section IV. the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
The straight time hourly wage rates for apprentices and used in this paragraph,the terms laborers and mechanics
trainees under such programs will be established by the include watchmen and guards.
particular programs.The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of 1.Overtime requirements. No contractor or subcontractor
the particular program. contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
5.Compliance with Copeland Act requirements.The require or permit any such laborer or mechanic in any
contractor shall comply with the requirements of 29 CFR part workweek in which he or she is employed on such work to
3.which are incorporated by reference in this contract. work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
6.Subcontracts.The contractor or subcontractor shall insert worked in excess of forty hours in such workweek.
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts.The prime contractor shall be responsible for the 2.Violation;liability for unpaid wages; liquidated
compliance by any subcontractor or lower tier subcontractor damages. In the event of any violation of the clause set forth
with all the contract clauses in 29 CFR 5.5. in paragraph(1.)of this section,the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition,such contractor and subcontractor
7.Contract termination:debarment. A breach of the shall be liable to the United States(in the case of work done
contract clauses in 29 CFR 5.5 may be grounds for termination under contract for the District of Columbia or a territory,to such
of the contract,and for debarment as a contractor and a District or to such territory),for liquidated damages.Such
subcontractor as provided in 29 CFR 5.12. liquidated damages shall be computed with respect to each
individual laborer or mechanic,including watchmen and
8.Compliance with Davis-Bacon and Related Act guards.employed in violation of the clause set forth in
requirements.All rulings and interpretations of the Davis- paragraph(1.)of this section,in the sum of S10 for each
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 calendar day on which such individual was required or
are herein incorporated by reference in this contract. permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph(1.)of this section.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract.Such 3.Withholding for unpaid wages and liquidated damages.
disputes shall be resolved in accordance with the procedures The FHWA or the contacting agency shall upon its own action
of the Department of Labor set forth in 29 CFR parts 5.6,and or upon written request of an authorized representative of the
7. Disputes within the meaning of this clause include disputes Department of Labor withhold or cause to be withheld,from
between the contractor(or any of its subcontractors)and the any moneys payable on account of work performed by the
contracting agency,the U.S.Department of Labor.or the contractor or subcontractor under any such contract or any
employees or their representatives. other Federal contract with the same prime contractor,or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act.which is held by the same
10.Certification of eligibility. prime contractor,such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
a.By entering into this contract,the contractor certifies that subcontractor for unpaid wages and liquidated damages as
neither it(nor he or she)nor any person or firm who has an provided in the clause set forth in paragraph(2.)of this
interest in the contractor's firm is a person or firm ineligible to section.
be awarded Government contracts by virtue of section 3(a)of
the Davis-Bacon Act or 29 CFR 5.12(a)(1). 4.Subcontracts.The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph(1.)
b. No part of this contract shall be subcontracted to any person through(4.)of this section and also a clause requiring the
or firm ineligible for award of a Government contract by virtue subcontractors to include these clauses in any lower tier
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). subcontracts.The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(1.)through(4.)of this
c. The penalty for making false statements is prescribed in the section.
U.S.Criminal Code, 18 U.S.C.1001.
Attachment 9, Page 7 of 11
V. SUBLETTING OR ASSIGNING THE CONTRACT evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
This provision is applicable to all Federal-aid construction
contracts on the National Highway System. 5.The 30%self-performance requirement of paragraph(1)is
not applicable to design-build contracts;however,contracting
1. The contractor shall perform with its own organization agencies may establish their own self-performance
contract work amounting to not less than 30 percent(or a requirements.
greater percentage if specified elsewhere in the contract)of
the total original contract price,excluding any specialty items
designated by the contracting agency.Specialty items may be VI. SAFETY: ACCIDENT PREVENTION
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total Thisprovisionis applicable to all Federal-aid
original contract price before computing the amount of work construction contracts and to all related subcontracts.
required to be performed by the contractors own organization
(23 CFR 635.116). 1. In the performance of this contract the contractor shall
comply with all applicable Federal,State,and local laws
a. The term"perform work with its own organization"refers governing safety,health,and sanitation(23 CFR 635).The
to workers employed or leased by the prime contractor,and contractor shall provide all safeguards,safety devices and
equipment owned or rented by the prime contractor,with or protective equipment and take any other needed actions as it
without operators.Such term does not include employees or determines.or as the contracting officer may determine,to be
equipment of a subcontractor or lower tier subcontractor, reasonably necessary to protect the life and health of
agents of the prime contractor,or any other assignees.The employees on the job and the safety of the public and to
term may include payments for the costs of hiring leased protect property in connection with the performance of the
employees from an employee leasing firm meeting all relevant work covered by the contract.
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime 2. It is a condition of this contract,and shall be made a
contractor meets all of the following conditions: condition of each subcontract,which the contractor enters into
pursuant to this contract,that the contractor and any
(1)the prime contractor maintains control over the subcontractor shall not permit any employee,in performance
supervision of the day-to-day activities of the leased of the contract,to work in surroundings or under conditions
employees: which are unsanitary, hazardous or dangerous to his/her
(2)the prime contractor remains responsible for the quality health or safety,as determined under construction safety and
of the work of the leased employees: health standards(29 CFR 1926)promulgated by the Secretary
(3)the prime contractor retains all power to accept or of Labor,in accordance with Section 107 of the Contract Work
exclude individual employees from work on the project;and Hours and Safety Standards Act(40 U.S.C.3704).
(4)the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages,the 3. Pursuant to 29 CFR 1926.3.it is a condition of this contract
submission of payrolls.statements of compliance and all that the Secretary of Labor or authorized representative
other Federal regulatory requirements. thereof,shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
b."Specialty Items"shall be construed to be limited to work with the construction safety and health standards and to carry
that requires highly specialized knowledge,abilities,or out the duties of the Secretary under Section 107 of the
equipment not ordinarily available in the type of contracting Contract Work Hours and Safety Standards Act(40
organizations qualified and expected to bid or propose on the U.S.C.3704).
contract as a whole and in general are to be limited to minor
components of the overall contract.
VII. FALSE STATEMENTS CONCERNING HIGHWAY
2.The contract amount upon which the requirements set forth PROJECTS
in paragraph(1)of Section VI is computed includes the cost of
material and manufactured products which are to be Thisprovisionis applicable to all Federal-aid
purchased or produced by the contractor under the contract construction contracts and to all related subcontracts.
provisions.
In order to assure high quality and durable construction in
3.The contractor shall furnish(a)a competent superintendent conformity with approved plans and specifications and a high
or supervisor who is employed by the firm,has full authority to degree of reliability on statements and representations made
direct performance of the work in accordance with the contract by engineers,contractors,suppliers.and workers on Federal-
requirements,and is in charge of all construction operations aid highway projects,it is essential that all persons concerned
(regardless of who performs the work)and(b)such other of its with the project perform their functions as carefully.thoroughly.
own organizational resources(supervision,management,and and honestly as possible.Willful falsification.distortion,or
engineering services)as the contracting officer determines is misrepresentation with respect to any facts related to the
necessary to assure the performance of the contract. project is a violation of Federal law.To prevent any
misunderstanding regarding the seriousness of these and
4. No portion of the contract shall be sublet,assigned or similar acts,Form FHWA-1022 shall be posted on each
otherwise disposed of except with the written consent of the Federal-aid highway project(23 CFR 635)in one or more
contracting officer,or authorized representative,and such places where it is readily available to all persons concerned
consent when given shall not be construed to relieve the with the project:
contractor of any responsibility for the fulfillment of the
contract.Written consent will be given only after the
contracting agency has assured that each subcontract is 18 U.S.C. 1020 reads as follows:
Attachment 9, Page 8 of 11
'Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
person,association,firm,or corporation,knowingly makes any set out below. The certification or explanation will be
false statement.false representation,or false report as to the considered in connection with the department or agency's
character,quality,quantity.or cost of the material used or to determination whether to enter into this transaction.However,
be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans.maps,specifications.contracts,or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation:or c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation:or
d.The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
Roads Act approved July 1, 1916,(39 Stat.355).as amended submitted or has become erroneous by reason of changed
and supplemented: circumstances.
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred,"
years or both." "suspended,""ineligible,""participant,""person,""principal,"
and"voluntarily excluded."as used in this clause,are defined
in 2 CFR Parts 180 and 1200."First Tier Covered
VIII. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or sub-grantee of Federal funds and a participant
(such as the prime or general contract)."Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts)."First Tier
Participant"refers to the participant who has entered into a
By submission of this bid/proposal or the execution of this covered transaction with a grantee or sub-grantee of Federal
contract,or subcontract,as appropriate,the bidder.proposer, funds(such as the prime or general contractor)."Lower Tier
Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
appropriate.will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers).
1.That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended.declared ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
such requirements.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
IX.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency.entering
into this covered transaction,without modification,in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts.lower-tier covered transactions exceeding the$25,000 threshold.
subcontracts,purchase orders,lease agreements,consultant
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a
approval or that is estimated to cost$25,000 or more—as certification of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or
voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant is
responsible for ensuring that its principals are not suspended.
1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered
transactions.To verify the eligibility of its principals,as well as
a.By signing and submitting this proposal.the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List System website(https://www.epls.gov/),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation in this
Attachment 9, Page 9 of 11
a.Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies.
require the establishment of a system of records in order to including suspension and/or debarment.
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
b. Except for transactions authorized under paragraph changed circumstances.
(f)of these instructions,if a participant in a covered
transaction knowingly enters into a lower tier covered d.The terms"covered transaction,""debarred,"
transaction with a person who is suspended,debarred, "suspended,""ineligible,""participant,""person,""principal,"
ineligible,or voluntarily excluded from participation in this and"voluntarily excluded,"as used in this clause,are defined
transaction,in addition to other remedies available to the in 2 CFR Parts 180 and 1200.You may contact the person to
Federal Government,the department or agency may terminate which this proposal is submitted for assistance in obtaining a
this transaction forcause or default. copy of those regulations."First Tier Covered Transactions"
refers to any covered transaction between a grantee or sub-
grantee of Federal funds and a participant(such as the prime
or general contract)."Lower Tier Covered Transactions"refers
2. Certification Regarding Debarment,Suspension, to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts)."First Tier Participant"
Participants: refers to the participant who has entered into a covered
transaction with a grantee or sub-grantee of Federal funds
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor)."Lower Tier
its knowledge and belief.that it and its principals: Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred,suspended, proposed for Tier Participants(such as subcontractors and suppliers).
debarment.declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department or agency; submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into
(2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible.or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless
connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this
a public(Federal,State or local)transaction or contract under transaction originated.
a public transaction:violation of Federal or State antitrust
statutes or commission of embezzlement,theft.forgery, f.The prospective lower tier participant further agrees by
bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled
statements,or receiving stolen property: "Certification Regarding Debarment,Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
(3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and
civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold.
paragraph(a)(2)of this certification;and
g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
application/proposal had one or more public transactions transaction that is not debarred.suspended,ineligible,or
(Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended.
any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions.To verify the eligibility of its principals,as well as
the eligibility of any lower tier prospective participants,each
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System website(https://www.epls.gov/),which is
(Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The
a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to
lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
b.The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of
was entered into. If it is later determined that the prospective these instructions,if a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification,in addition to other remedies available to the person who is suspended,debarred, ineligible,or voluntarily
Federal Government.the department,or agency with which excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the
Attachment 9, Page 10 of 11
ATTACHMENT A-EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
department or agency with which this transaction originated HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
may pursue available remedies,including suspension and/or ROAD CONTRACTS
debarment. This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1.During the performance of this contract.the contractor
Certification Regarding Debarment,Suspension, undertaking to do work which is.or reasonably may be.done as
Ineligibility and Voluntary Exclusion--Lower Tier on-site work,shall give preference to qualified persons who
Participants: regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
1.The prospective lower tier participant certifies,by submission Appalachian counties of the State wherein the contract work is
of this proposal.that neither it nor its principals is presently situated,except:
debarred,suspended,proposed for debarment,declared
ineligible.or voluntarily excluded from participating in covered a.To the extent that qualified persons regularly residing in
transactions by any Federal department or agency. the area are not available.
2.Where the prospective lower tier participant is unable to certify b.For the reasonable needs of the contractor to employ
to any of the statements in this certification,such prospective supervisory or specially experienced personnel necessary to
participant shall attach an explanation to this proposal. assure an efficient execution of the contract work.
c.For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
X.CERTIFICATION REGARDING USE OF CONTRACT FUNDS bargaining contract,provided that the number of nonresident
FOR LOBBYING persons employed under this subparagraph(1c)shall not
exceed 20 percent of the total number of employees employed
This provision is applicable to all Federal-aid construction by the contractor on the contract work,except as provided in
contracts and to all related subcontracts which exceed subparagraph(4)below.
$100.000(49 CFR 20).
2.The contractor shall place a job order with the State
1. The prospective participant certifies,by signing and submitting Employment Service indicating(a)the classifications of the
this bid or proposal.to the best of his or her knowledge and laborers,mechanics and other employees required to perform
belief,that: the contract work, (b)the number of employees required in each
classification,(c)the date on which the participant estimates
a. No Federal appropriated funds have been paid or will be paid, such employees will be required,and(d)any other pertinent
by or on behalf of the undersigned,to any person for information required by the State Employment Service to
influencing or attempting to influence an officer or employee of complete the job order form.The job order may be placed with
any Federal agency.a Member of Congress,an officer or the State Employment Service in writing or by telephone. If
employee of Congress,or an employee of a Member of during the course of the contract work,the information
Congress in connection with the awarding of any Federal submitted by the contractor in the original job order is
contract,the making of any Federal grant,the making of any substantially modified,the participant shall promptly notify the
Federal loan.the entering into of any cooperative agreement, State Employment Service.
and the extension,continuation,renewal,amendment,or
modification of any Federal contract.grant,loan.or 3.The contractor shall give full consideration to all qualified job
cooperative agreement. applicants referred to him by the State Employment Service.
The contractor is not required to grant employment to any job
b. If any funds other than Federal appropriated funds have been applicants who,in his opinion,are not qualified to perform the
paid or will be paid to any person for influencing or attempting classification of work required.
to influence an officer or employee of any Federal agency,a
Member of Congress.an officer or employee of Congress.or 4.If,within one week following the placing of a job order by the
an employee of a Member of Congress in connection with this contractor with the State Employment Service,the State
Federal contract,grant,loan, or cooperative agreement.the Employment Service is unable to refer any qualified job
undersigned shall complete and submit Standard Form-LLL, applicants to the contractor,or less than the number requested,
"Disclosure Form to Report Lobbying,"in accordance with its the State Employment Service will forward a certificate to the
instructions. contractor indicating the unavailability of applicants.Such
certificate shall be made a part of the contractor's permanent
2. This certification is a material representation of fact upon project records. Upon receipt of this certificate,the contractor
which reliance was placed when this transaction was made or may employ persons who do not normally reside in the labor
entered into.Submission of this certification is a prerequisite area to fill positions covered by the certificate,notwithstanding
for making or entering into this transaction imposed by 31 the provisions of subparagraph(1c)above.
U.S.C. 1352.Any person who fails to file the required
certification shall be subject to a civil penalty of not less than 5.The provisions of 23 CFR 633.207(e)allow the contracting
$10,000 and not more than$100,000 for each such failure. agency to provide a contractual preference for the use of
mineral resource materials native to the Appalachian region.
3. The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of 6.The contractor shall include the provisions of Sections 1
this certification be included in all lower tier subcontracts, through 4 of this Attachment A in every subcontract for work
which exceed$100.000 and that all such recipients shall which is,or reasonably may be,done as on-site work.
certify and disclose accordingly.
Attachment 9, Page 11 of 11
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,.• °" Florida Department of Environmental Protection
EXHIBIT C
•'' � PAYMENT REQUEST SUMMARY FORM
Required Signatures: Adobe Signature
Date:
City of Clermont Clermont Legacy Loop, T18027
Grantee Project Name and Number
Billing Period: Billing#:
DEP Division: Division of State Lands DEP Program: Recreational Trails Program
Project Costs This Billing Cumulative Project Costs'
Contractual Services
Grantee Labor
Employee Benefits
( %of Salaries)
Direct Purchases: Materials & Supplies
Grantee Stock
Equipment
Land Value
Indirect Costs
(15%of Grantee Labor)
TOTAL PROJECT COSTS $ $
CERTIFICATION: I hereby certify that the above expenses were incurred for the work being
accomplished in the attached progress reports.
Project Administrator Date
CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the
project expenses as reported above and is available for audit upon request.
Project Financial Officer Date
DEP USE ONLY
STATE FUNDING PARTICIPATION:
Total project costs to date $
State Obligation to date $
State retainage ( %) $
State obligation remaining $
State funds previously disbursed $
State funds due this billing $
Reviewed and approved by:
DEP Project Administrator Date
Division Director or Designee Date
Exhibit F: APPENDICES A and E
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the"Contractor") agrees as follows:
(1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Agreement.
(2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract,
shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion
or family status in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
(3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment:
In all solicitations made by the Contractor, either by competitive bidding or negotiation for
work to be performed under a subcontract, including procurements of materials or leases of
equipment; each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the basis of race, color, national origin, sex, age, disability, religion or family status.
(4.) Information and Reports: The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration. Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in the exclusive possession of
another who fails or refuses to furnish this information the Contractor shall so certify to the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may determine to be appropriate, including. but not limited to:
a. withholding of payments to the Contractor under the contract until the Contractor
complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1)
through (7) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Contractor shall take such action with respect to any subcontract or procurement as the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. In the event a Contractor becomes involved in, or is threatened with,
litigation with a sub-contractor or supplier as a result of such direction, the Contractor may
request the Florida Department of Transportation to enter into such litigation to protect the
interests of the Florida Department of Transportation, and, in addition, the Contractor may
request the United States to enter into such litigation to protect the interests of the United
States.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights
Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of
race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment
of persons displaced or whose property has been acquired because of Federal or Federal-aid
programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.),
(prohibits discrimination on the basis of sex): Section 504 of the Rehabilitation Act of 1973,
(29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability):
and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of
1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race,
creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209),
(Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the programs or
activities of the Federal-aid recipients, sub-recipients and contractors. whether such
programs or activities are Federally funded or not); Titles II and III of the Americans with
Disabilities Act, which prohibit discrimination on the basis of disability in the operation of
public entities, public and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on
the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income Populations, which
ensures non-discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or environmental effects
on minority and low-income populations; Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that
LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
3
49 CFR 26.13 - What assurances must
recipients and contractors make?
• eCFR
• Authorities(U.S. Code)
• What Cites Me
prey I next
§ 26.13 What assurances must recipients and contractors make?
(a) Each financial assistance agreement you sign with a DOT operating administration (or a
primary recipient) must include the following assurance: The recipient shall not discriminate on
the basis of race, color, national origin, or sex in the award and performance of any DOT-
assisted contract or in the administration of its DBE program or the requirements 49 CFR part
26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure
nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's
DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the
recipient of its failure to carry out its approved program,the Department may impose sanctions
as provided for under 49 CFR part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 ( 31
U.S.C. 3801 et seq.).
(b) Each contract you sign with a contractor(and each subcontract the prime contractor signs
with a subcontractor) must include the following assurance: The contractor, sub recipient or
subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to
carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the recipient deems appropriate, which may
include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
[ 79 FR 59593, Oct. 2, 2014]
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes:
1. Project Title(Project): Agreement Number:
Clermont Legacy Loop T1827
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard (Department)
Tallahassee,Florida 32399-3000
Grantee Name: City of Clermont Entity Type:Local Government
Grantee Address:685 W. Montrose Street, Clermont, FL 34771 FEID: 59-6000290
(Grantee)
3. Agreement Begin Date: Date of Expiration:
Upon Execution Two years from date of execution
4. Project Number:T18027 Project Location(s):
(IfdiJjerentfrom Agreement Number) W.Minneola Avenue,Clermont,FL 34771
Project Description: o
Construction of 12' x 1,500' (+/- 10%) hard-surface trail.
5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s):
$400,000.00 ❑ State ®Federal RTP18 $200,000.00
❑ State ❑Federal
0 Grantee Match $200,000.00
Total Amount of Funding+Grantee Match,if any: $400,000.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Lauren E.Cruz Name: James Kinzler
or successor or successor
Address: 3900 Commonwealth Boulevard Address: 685 W.Montrose Street
MS 585 Clermont,FL 34771
Tallahassee,FL 32399-3000
Phone: 850.245.2686 Phone: 352.241.7339
Email: Lauren.Cruz@FloridaDEP.gov Email: jkinzler@clermontfl.org
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
® Attachment 2: Special Terms and Conditions
Cl Attachment 3:Grant Work Plan
® Attachment 4:Public Records Requirements
® Attachment 5:Special Audit Requirements
® Attachment 6: Program-Specific Requirements
® Attachment 7: RTP18 Grant Award Terms(Federal)*Copy available at https://facts.fldfs.com,in accordance with§215.985,F.S.
® Attachment 8:Federal Regulations and Terms(Federal)
® Additional Attachments(if necessary):
Attachment 9: Required Contract Provisions
® Exhibit A:Progress Report Form
® Exhibit B: Property Reporting Form
® Exhibit C:Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements for Grants
❑ Exhibit E:Advance Payment Terms and Interest Earned Memo
® Additional Exhibits(if necessary): Exhibit F: A&E; Exhibit G: 49 CFR 26.13
DEP Agreement No. T1827 Rev.6/20/18
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1):
Federal Award Identification Number(s)(FAIN): 12RECT018
Federal Award Date to Department: 9/11/18
Total Federal Funds Obligated by this Agreement: $3,674,137.00
Federal Awarding Agency: U.S.Department of Transportation—Federal Highway Administration
Award R&D? 0 Yes ON/A
IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below,whichever is later.
City of Clermont GRANTEE
Grantee Nam
By r 19, 26\9
(Authorized Signal re) Date Signed
Co L.. hh
\ �. yor
Print�ame and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT
By P) M1 t $11 f II
Secretary or Designee Date Signed
To( bareL & vY i1 , 1 i v ,Wet, e ez i'll')
Print Name and Title of Person Signing ��
❑ Additional signatures attached on separate page.
DEP Agreement No. T1827
Rev.6/20/18
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the
order of precedence for interpretation the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment I. in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1,Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match
requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount
of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that
exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A
change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement
period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment
3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or
(3)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement
may be amended to provide for additional services if additional funding is made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
Attachment l
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Rev.8/28/18
5. Performance Measures.
The Grantee warrants that: (1)the services will be performed by qualified personnel;(2)the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices;(4)the services shall not and do not infringe
upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees,
subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes,if provided
by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect
at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements.
Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose
Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the
deliverables within 30 days of receipt,they will be deemed rejected.
b. Resection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant
Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory
performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may
allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department.The CAP shall be sent to Grant Manager for review and approval.Within ten(10)days
of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been
accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department
letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department
approval of a CAP as specified above may result in Department's termination of this Agreement for
cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP,Grantee shall have ten(10)days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps,or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
Attachment 1
2 of 11
Rev.8/28/18
8. Payment.
a. Payment Process.Subject to the terms and conditions established by the Agreement,the pricing per deliverable
established by the Grant Work Plan,and the billing procedures established by Department,Department agrees
to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).
b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee,
however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an
amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address:www.myfloridacfo.com/aadir/reference_guide/.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
vvww.myfloridacfo.com/Division/AANendors/default.htm.
j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following
conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification,direct salary rates, and hours spent
on the Project in accordance with Attachment 3,Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers,all multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit,Grantee shall be required to reimburse such funds to Department within thirty(30)days of
written notification.Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits,overhead, indirect,
Attachment I
3 of 11
Rev.8/28/18
and/or general and administrative rates)shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such
funds to Department within thirty (30)days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S.,and
Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract.The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above.In this instance,Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing
$1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B,Property Reporting Form.
f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses,reproduction,or mailing,are reimbursable or available for match or reimbursement under the
terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of
receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department
shall not reimburse any of the following types of charges: cell phone usage;attorney's fees or court costs;civil
or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the
following,as applicable: Copies of Property Appraisals,Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments,on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting
period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty(30)days.
Attachment 1
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Rev.8/28/18
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2,Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the
timeframe stated in Department's notice,the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance,a self-
insured authorization,or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten(10)days after the cancellation of coverage.
13. Termination.
a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated.The Department must submit all invoices for
work to be paid under this Agreement within thirty(30)days of the effective date of termination. The
Department shall not pay any invoices received after thirty(30)days of the effective date of termination.
b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that
the default was excusable,the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department.The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination
unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and
to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation,
or termination of the Agreement,Grantee shall continue to provide Department with those services for which it
Attachment 1
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Rev.8/28/18
has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination.Expiration,or Cancellation of the Agreement.If services provided
under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as
necessary to complete the transition or continued portion of the Agreement,if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including,any of
the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be found in default,and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non-
exclusive list of events,acts,or omissions,shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department
of such,made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory,regulatory,or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities,individuals,and furnishing labor or materials,or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate
assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization,or liquidation.
16. Suspension of Work.
The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is
in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars
of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration
of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice.
Within 90 days,or any longer period agreed to by the parties,Department shall either:(1)issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
Attachment 1
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17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable,Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part,due to any of the causes described in this paragraph,after
the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole
discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department
may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2)contract with other sources(without recourse to
and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject
of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners,or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions,damages,and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost,expense,or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement,at law or in equity. The Department may, in addition to
Attachment 1
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other remedies available to it,at law or in equity and upon notice to Grantee,retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity;may not submit a bid, proposal,or reply on a
contract with a public entity for the construction or repair of a public building or public work;may
not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work;may not submit bids,proposals,or replies
on leases of real property to a public entity;may not be awarded or perform work as a contractor,
supplier,subcontractor,or consultant under a contract with any public entity;and may not transact
business with any public entity.
iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors,or
consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity,at(850)487-0915.
23. Compliance with Federal,State and Local Laws.
a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein.Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the
Second Judicial Circuit,in and for Leon County. Except as otherwise provided by law,the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole
option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
Attachment 1
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Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee
is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
25. Lobbying and integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section
287.058(6),F.S.,during the term of any executed agreement between Grantee and the State,Grantee may lobby the
executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that
agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S.
26. Record Keeping.
The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The
Department,the State,or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In
the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized
State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility.Such information may include,but shall not be limited to,Grantee's business or financial
records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such
records for the longer of:(1)three years after the expiration of the Agreement;or(2)the period required by the
General Records Schedules maintained by the Florida Department of State(available at:
http://dos.myflorida.com/I ibrary-archives/records-managementlgeneral-records-schedules/).
27. Audits.
a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the
inspector general in any investigation, audit, inspection,review,or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement,in writing,on its sub-grantees and/or subcontractors,respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement,with reasonable notice and during normal business hours,including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment,materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement;and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state)
identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance,Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether
the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
https:\\apps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). Allowable costs
and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department
Attachment 1
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Rev.8/28/18
may also request a cost allocation plan in support of its multipliers(overhead, indirect, general administrative
costs,and fringe benefits).The Grantee must provide the additional proof within thirty(30)days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee,or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department,the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s)the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s)the payment(s)are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
28. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions,all services contracted for are to be performed
solely by Grantee.
b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For
cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may,for cause,deny access to Department's secure information or any facility by any Grantee
employee,subcontractor,or agent.
d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any
subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities,unless the basis of Department's denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by
the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
31. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
Attachment 1
I 0 of I1
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is sold during the period the Agreement is in effect,Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
32. Survival.
The respective obligations of the parties,which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests,and
public records,shall survive termination,cancellation,or expiration of this Agreement.
33. Third Parties.
The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee,its
agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third-
party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement.
34. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions
are severable to that void provision,and shall remain in full force and effect.
35. Grantee's Employees,Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications.Upon request,Grantee shall furnish a copy of
technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell,assign,or transfer any of its rights,duties,or obligations under the Agreement,or under
any purchase order issued pursuant to the Agreement,without the prior written consent of Department.In the event
of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly
waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
37. Execution in Counterparts and Authority to Sign.
This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.T1827
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1.Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the construction of 12'x 1,500'(+/- 10%)hard-surface trail..The Project
is defined in more detail in Attachment 3,Grant Work Plan.
2. Duration.
a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement.
b. Extensions.There are two one-year extensions available to the Grantee,if requested in writing,for good cause,
subject to the conditions in 62S-2.075(7)(a),F.A.C.There are no other extensions available for this Project.
c. Service Periods.Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing.Invoicing will occur after approval of the final delivereable(s).
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
Reimbursement Match Category
• ® Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
® ® a. Fringe Benefits,N/A.
® ® b. Indirect Costs,N/A.
® ® Contractual(Subcontractors)
❑
0 Travel
O 0 Equipment
IS] ® Rental/Lease of Equipment
• ® Miscellaneous/Other Expenses
O ❑ Land Acquisition
5. Travel.
Additional compensation for travel is not authorized under this Agreement.
6. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
7. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
8. Match Requirements
The Agreement requires at least a 50%match on the part of the Grantee. Therefore,the Grantee is responsible for
providing$200,000 through cash or third party in-kind towards the project funded under this Agreement.
Attachment 2
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Rev. 12/11/2018
The Grantee may claim allowable project expenditures made on 9/11/2018 or after for purposes of meeting its match
requirement as identified above.
Each payment request submitted shall document all matching funds and/or match efforts(i.e.,in-kind services)
provided during the period covered by each request.The final payment will not be processed until the match
requirement has been met.
All required matching funds shall meet the federal requirements established in 2 CFR§200.306 and other federal
statutory requirements,as applicable. Grantee acknowledges and agrees to provide eligible match types as set forth
in subsection 62S-2.07I(4)(b),F.A.C. Grantee acknowledges and agrees not to provide ineligible match sources
which includes value of real property or inmate labor.
9. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or
alternatively,Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement,however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department,its employees,and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each
occurrence and$500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile
liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers'Compensation and Employer's Liability Coverage.
The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.,and employer's
liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement.
d. Other Insurance.None.
10. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
11. Retainage.
Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10%of the total amount of the
Agreement.
12. Subcontracting.
a. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior
approval.Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed
under this Agreement.
b. The Grantee shall physically attach:(1)Attachment 8,Contract Provisions for Department of Transportation
(DOT)Funded Agreements;(2)Exhibit F,Form FHWA-1237,Required Contract Provisions Federal-Aid
Construction Contracts;and(3)Exhibit G,49 CFR§26.13;to all subcontracts executed under this Agreement.
13. State-owned Land.
The work will not be performed on State-owned land.
Attachment 2
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Rev. 12/11/2018
14. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
15. Additional Terms.
None.
Attachment 2
3 of 3
Rev. 12/11/2018
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I
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services
under the Agreement,Grantee must allow public access to all documents,papers, letters,or other material,regardless
of the physical form,characteristics,or means of transmission,made or received by Grantee in conjunction with the
Agreement(Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida
Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as
defined in section 119.0701(1)(a), F.S.,the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S.,or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract,transfer, at no cost,to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department.These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word,Outlook,Adobe,or Excel,and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services@a,floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1 of l
Rev.4/27/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
Attachment 5
The administration of resources awarded by the Department of Environmental Protection(which may be referred to
as the "Department", "DEP", "FDEP"or"Grantor", or other name in the agreement)to the recipient(which may be
referred to as the "Recipient" "Grantee"or other name in the agreement)may be subject to audits and/or monitoring
by the Department of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200,
Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not
be limited to,on-site visits by Department staff,limited scope audits as defined by OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement,the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope
audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133,as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330
(for fiscal year start dates after December 26,2014).
1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200,
Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of
Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year,
the recipient shall consider all sources of Federal awards, including Federal resources received from the
Department of Environmental Protection. The determination of amounts of Federal awards expended should
be in accordance with the guidelines established by OMB Circular A-133,as revised,and 2 CFR Part 200,
Subpart F.An audit of the recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised,
and 2 CFR Part 200,Subpart F.
3. If the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133,as revised, and 2 CFR Part
200,Subpart F,is not required. In the event that the recipient expends less than$500,000(or$750,000,as
applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F the cost of the audit must be
paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities).
Attachment 5
1 of 5
Rev.7/182018
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
internet at www.cfda.2ov
PART H:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department
of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the
recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit
conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must
be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.mvflorida.com/audgen/.
PART III:OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
2 CFR Part 200,Subpart F and required by PART I of this Attachment shall be submitted,when required by
Section .320(d),OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F,by or on behalf of the
recipient directly to each of the following:
Attachment 5
2 of 5
Rev.7/18/2018
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit a,dep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR
§200.501(a)(the number of copies required by Sections.320(d)(1)and(2),OMB Circular A-133,
as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),
OMB Circular A-133,as revised,and 2 CFR§200.512.
2. Pursuant to Section .320(f),OMB Circular A-133,as revised, and 2 CFR Part 200,Subpart F,the recipient
shall submit a copy of the reporting package described in Section .320(c),OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Attachment 5
3 of 5
Rev.7/18/2018
Electronically:
FDEPSingleAudit(u,dep.state.fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32399-1450
4. Copies of reports or management letters required by PART 111 of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,or Chapters
10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General,should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of five(5)years from the date the audit report is issued,and shall allow the Department of Environmental Protection,
or its designee,Chief Financial Officer,or Auditor General access to such records upon request. The recipient shall
ensure that audit working papers are made available to the Department of Environmental Protection,or its designee,
Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report
is issued,unless extended in writing by the Department of Environmental Protection.
Attachment 5
4 of 5
Rev.7/18/2018
CHL
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM SPECIFIC REQUIREMENTS
FOR THE RECREATIONAL TRAILS GRANT PROGRAM
ATTACHMENT 6
1. Project Submittal Forms.
Administrative Forms,Reimbursement Forms and guidelines referenced in this Agreement may be found at
https://floridadep.gov/000/land-and-recreation-grants/content/recreational-trails-program,or by contacting the
Department's Grant Manager.
2. Notice to Proceed.
Prior to commencement of Project, the Grantee shall submit to the Department for approval all documentation and
completion of responsibilities listed on the Commencement Documentation Checklist, OGT-11. In addition to the
Checklist items, the Grantee shall submit a copy of the executed subcontract to the Department. Upon satisfactory
approval by the Department,the Department will issue written"Notice to Proceed"to the Grantee to commence the
Project.The Grantee SHALL NOT proceed until the Department issues the"Notice to Proceed". The Grantee
shall commence Task Performance within ninety(90)days after the"Notice to Proceed"is issued by the Department,
unless the Grantee requests an extension in writing for good cause, in accordance with the requirements of 62S-
2.075(7)(a),F.A.C.
3. RTP Guidelines.
a. This Agreement must be performed according to all applicable state and federal guidelines, including but not
limited to,23 U.S.C. §206,Chapter 260,F.S.,Chapter 62S-2,F.A.C.,and the FHWA Recreational Trails
Program Interim Guidance Manual(Manual).The Grantee acknowledges that receiving this grant does not
guarantee that a federal,state,or local permit will be issued for a particular activity to complete the Project.
Further,the Grantee agrees to ensure that Grantee has obtained all necessary permits prior to implementing any
Grant Work Plan activity that may fall under applicable federal,state,or local laws.
b. The Department will terminate this Project Agreement if the Commencement Documentation is not received
and approved by the Department within twelve(12)months of this Project Agreement's execution.The
Department may extend this time period for good cause,such as a natural disaster,pursuant to subparagraph
62S-2.075(7)(d)3,F.A.C.
c. The Grantee shall adhere to the uniform administrative requirements for federal awards from the Department of
the Interior,found under 2 CFR 1402.
4. National Environmental Policy Act Compliance.
The Grantee's compliance with the Florida Department of Transportation's Project Development and Environmental
Manual(PD&E Manual),hereby incorporated by reference constitutes compliance with National Environmental
Policy Act(NEPA)standards as more fully implemented pursuant to subsection 62S-2.074(1),F.A.C.
5. The following hereby replaces paragraph 8.d,Attachment 1,Standard Terms and Conditions:
a. Reimbursement for Costs. Project costs will be reimbursed as provided in paragraph 62S-2.075(3)(a),F.A.C.
and in the Project Agreement.The Grantee must incur costs between the effective date of,and the Project
Completion Date identified in,the Project Agreement,except for Pre-agreement expenses.The Grantee shall be
paid on a cost reimbursement basis for all eligible Project costs upon the completion,submittal,and approval of
each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C,Payment
Request Summary Form.To be eligible for reimbursement,costs must be in compliance with laws,rules,and
regulations applicable to expenditures of State funds,including,but not limited to,the Reference Guide for
State Expenditures,which can be accessed at the following web address:
www.myfloridacfo.com/aadir/reference guide/.
i. Pre-agreement Expenses means expenses incurred by a Grantee for an eligible RTP project after authorization
by Federal Highway Administration (FHWA) but before full execution of the Agreement. RTP funds
remaining after termination of a grant award or completion of Project will revert to the State's program funds
under the provisions of the federal Transportation Equity Act for the 21st Century(TEA-21)and subsection
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62S-2.075(6),F.A.C. All funds not paid out after four(4)years will revert to FHWA pursuant to paragraph
62S-2.075(7Xa), F.A.C. The Grantee will be entitled to reimbursement of eligible Pre-agreement Expenses
for expenses incurred after the Department provides notice of Project approval and before the effective date
of this Agreement.
6. The following hereby replaces paragraph 8.h,Attachment 1,Standard Terms and Conditions:
h. Annual Appropriation Contingency.The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature&the FHWA.This Agreement is not a commitment
of future appropriations.Authorization for continuation and completion of work and any associated payments
may be rescinded,with proper notice,at the discretion of Department if the Legislature&the FHWA reduces or
eliminates appropriations. It is further understood that Grant Awards may be revised by the Department due to
the availability of RTP Program Funds.
7. The following hereby adds to paragraph 8,Attachment 1,Standard Terms and Conditions:
k. Project Costs.The Department will reimburse Project costs pursuant to paragraph 62S-3.075(3Xa), F.A.C.,and
as provided herein. The Grantee must incur all reimbursable Project costs between the Effective Date of the
Agreement and the Project Completion Date as set forth in the Project Completion Certification.
I. Cost Limits. Pursuant to paragraph 62S-2.075(3)(b), F.A.C., project planning expenses, such as application
preparation,surveys(boundary and topographic),title searches,project signs,architectural and engineering fees,
permitting fees,project inspection fees,and other similar fees are eligible Project costs provided that such costs
do not exceed fifteen percent(15%)of the total Project cost.These costs must be incurred between the Agreement
Begin Date and the Agreement Expiration Date.
8. The following replaces paragraph 10,Attachment 1,Standard Terms and Conditions:
Status Reports.
a. The Grantee must utilize Exhibit A,Project Status Report,DRP-109,available online and incorporated herein by
reference,to describe the work performed during the reporting period,problems encountered,problem
resolutions,schedule updates,and proposed work for the next reporting period. The Project Status Reports
must be submitted to the Department's Grant Manager no later than January 5,May 5,and September 5. The
Department's Grant Manager will have thirty(30)calendar days to review the required reports and deliverables
submitted by the Grantee.The Department's Grant Manager will have thirty(30)calendar days to review the
required reports and deliverables submitted by the Grantee.
b. Additionally,the Grantee must comply with the reporting and inventory requirements set forth in the Statewide
Comprehensive Outdoor Recreation Plan(SCORP),available online:https://floridadep.gov/parks/florida-scorp-
outdoor-recreation-florida and hereby incorporated by reference,by updating the Florida Outdoor Recreation
Inventory(FORT)system(https://floridadep.gov/parks/florida-outdoor-recreation-inventory).
9. Site Dedication.
a. The Grantee agrees to dedicate for ninety-nine (99) years the Project Site and all land within the Project
boundaries,which is developed or acquired with RTP Program Funds,as an outdoor recreational area for the use
and benefit of the general public in accordance with Rule 62S-2.076, F.A.C. Land under control other than by
ownership of the Grantee(e.g.,by lease)must be dedicated as an outdoor recreation area for the use and benefit
of the general public for a minimum of twenty-five(25)years from the Project Completion Date as set forth in
the Project Completion Certificate.The lease must not be revocable at will;must extend for twenty-five(25)years
after Project Completion Date;and must include safeguards to ensure the use requirement enabling the Grantee
to dedicate the land for the twenty-five(25)year period.Safeguards include such things as joint sponsorship of
the Project or an agreement between the Parties that the lessor will assume compliance responsibility for the
Project Site in the event of default by the lessee(Grantee)or termination or expiration of the lease.The dedication
must be recorded in the county's public property records by the Grantee,or in the case of a nonprofit Grantee,by
the land owner. Execution of this Agreement by the Department constitutes an acceptance of a Project Site
dedication on behalf of the general public of the State of Florida.The Project Site(s)must be open at reasonable
times and must be managed in a safe and attractive manner.The Grantee must obtain Department approval prior
to any development of facilities on the Project Site. This Agreement is not transferable.
b. Should the Grantee's interest in the land change,either by sale,lease,or other written legal instrument,the Grantee
is required to notify the Department in writing of the change no later than ten(10)days after the change occurs,
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and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as
set forth in this Agreement.
c. At the option of the Grantee,the Project Site may be afforded Section 6(f)(3)protection of the Land and Water
Conservation Fund Act (LWCF), as codified in 36 CFR§ 59.3.The Grantee must have sufficient control and
tenure of the Project Site as specified in the LWCF Manual in order to provide reasonable assurance that a
conversion will not occur without approval of the National Park Service. The Grantee must notify the Department
that it requests Section 6(0(3)protection prior to the FHWA authorizing the Project.
10. Management of Project Site.
a. Site Inspections.Grantees must ensure by site inspections that facilities on the Project Site are being operated
and maintained for public outdoor recreational purposes for a period of twenty-five(25)years from the Project
Completion Date set forth in the Project Completion Certificate.The Project Site must be open at reasonable
times and managed in a safe and attractive manner.
b. Non-Compliance.The Department will terminate an Agreement and demand return of the program funds
(including interest)if a Grantee fails to comply with the terms stated in the Agreement.If the Grantee fails to
comply with the Agreement,the Department will declare the Grantee ineligible for further participation in RIP
until such time as the Grantee comes into compliance.
c. Public Accessibility.All facilities must be accessible to the public on a non-exclusive basis without regard to
age,gender,race,religion,residence,or ability level.
d. Entrance Fees.Grantees may charge user fees for the Project Site,as described in the Guidance. Reasonable
differences in entrance fees for other RTP projects may are allowed on the basis of residence,but only if the
grantee can clearly show that the difference in entrance fees reflects,and is substantially related to,all economic
factors related to park management,and is not simply related to the amount of tax dollars spent by the residents
for the park;and that a definite burden on the Grantee in park maintenance costs clearly justifies a higher fee for
nonresidents.
11. Procurement Requirements for Grantee.
The Grantee must secure all goods and services for accomplishment of this Project according to its adopted
procurement procedures and applicable federal requirements identified in the FHWA Recreational Trails Guidance
Manual.
12. Project Completion Certification.
Project completion means the Project is open and available for use by the public.To certify completion,the Grantee
will submit to the Department the Project Completion Certification,OGT-14,available online and incorporated
herein by reference.The Project must be designated complete prior to release of final reimbursement.
13. Good Cause Extensions.
The Department staff will only extend this Agreement for good cause such as financial hardship,public controversy,
material shortage,unexpected weather conditions,or other major factors beyond Grantee's control.
14. Signage.
The Grantee must erect a permanent information sign on the Project site which credits funding or a portion thereof,
to the Florida Department of Environmental Protection and the Recreational Trails Program. The sign must be made
of appropriate materials,which will be durable for a minimum of twenty-five(25)years after the Project is
complete. The sign must be installed on the Project site and approved by the Department before the final Project
reimbursement request is processed.
15. Termination and Ineligibility.
In addition to the remedies provided elsewhere in this Agreement,if the Grantee materially fails to comply with the
terms stated in this Agreement or with any provisions of Chapter 62S-2,F.A.C.,the Department shall terminate this
Agreement and demand return of the program funds(including interest)and any equipment purchased with grant
funds that has not been properly disposed of in accordance with the federal property management requirements set
forth in 2 CFR Part 200,Subpart D(§§200.310 through 200.316). Furthermore,the Department shall declare the
Grantee ineligible for further participation in RTP until such time as compliance has been obtained pursuant to
subsection 62S-2.076(4).
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16. Conversion.
This Project Site acquired and/or developed with RTP assistance must be retained and used for public outdoor
recreation.Should the Grantee,within the periods set forth in subsections 62S-2.076(1)and(2),F.A.C.,convert all
or part of the Project Site to other than public outdoor recreational uses,the Grantee must replace the area,facilities,
resource,or Project Site at its own expense with an acceptable project of comparable or greater value,scope,and
quality.
17. Monitoring.
The Grantee further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed
necessary by the Florida Department of Transportation(FDOT)and FHWA. The Grantee also grants the FDOT and
FHWA the same monitoring rights it has agreed to provide the Department.
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ATTACHMENT 8
Contract Provisions for Department of Transportation (DOT)Funded Agreements
The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following
provisions, where applicable. For purposes of this Grant Agreement between the Department and the
Grantee,the term"Recipient"shall mean"Grantee."
Further,the Department,as a pass-through entity,also requires the Grantee to pass on these requirements to
all lower tier subrecipients,and to comply with the provisions of the award,including applicable provisions
of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore,
Grantees must include these requirements in all related subcontracts and/or sub-awards. Grantees can include
these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however
for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the
subrecipients shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
1. Administrative,Contractual,and Legal Remedies
The following provision is required if the Agreement is for more than$150,000. In addition to any of the
remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the
terms and conditions of this Contract,including any Federal or State statutes,rules or regulations,applicable
to this Contract,the Non-Federal Entity may take one or more of the following actions.
A. Temporarily withhold payments pending correction of the deficiency by the Recipient.
B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of
the cost of the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Contract.
D. Take other remedies that may be legally available.
The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension
under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand
a refund,either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of
this Agreement.
2. Termination for Cause and Convenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of"federally assisted construction
contract"as defined by 41 CFR Part 60-1.3:
During the performance of this Agreement,the Recipient agrees as follows:
i. The Recipient will not discriminate against any employee or applicant for employment
because of race,color,religion,sex,sexual orientation,gender identity,or national origin.
The Recipient will take affirmative action to ensure that applicants are employed,and
that employees are treated during employment without regard to their race,color,religion,
sex,sexual orientation,gender identity,or national origin.Such action shall include,but not
be limited to the following:
a. Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;
layoff or termination;rates of pay or other forms of compensation;and selection for
training,including apprenticeship.The Recipient agrees to post in conspicuous places,
available to employees and applicants for employment,notices to be provided setting
forth the provisions of this nondiscrimination clause.
ii. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf
of the Recipient,state that all qualified applicants will receive consideration for employment
without regard to race,color,religion,sex,sexual orientation,gender identity,or national
origin.
iii. The Recipient will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant has inquired
about,discussed,or disclosed the compensation of the employee or applicant or
another employee or applicant.This provision shall not apply to instances in which
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an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions discloses
the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information,unless such disclosure is in response to a formal complaint
or charge,in furtherance of an investigation,proceeding,hearing,or action,including an
investigation conducted by the employer,or is consistent with the Recipient's legal duty to
furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other Agreement or understanding,a notice to be provided
advising the said labor union or workers'representatives of the Recipient's commitments
under this section,and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24,
1965,and of the rules,regulations,and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or
pursuant thereto,and will permit access to his books,records,and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules,regulations,and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules,regulations,or orders,this Agreement may be
canceled,terminated,or suspended in whole or in part and the Recipient may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and
such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as
otherwise provided by law.
viii.The Recipient will include the portion of the sentence immediately preceding paragraph(1)
and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless
exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding
upon each subcontractor or vendor.The Recipient will take such action with respect to
any subcontractor purchase order as the administering agency may direct as a means of
enforcing such provisions,including sanctions for noncompliance.
4. Davis Bacon Act
If the Agreement is a prime construction contract in excess of$2,000 awarded by the Recipient,and if
required by the Federal Legislation,the Recipient must comply with the Davis-Bacon Act(40 U.S.C.3141-
3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In
accordance with the statute,contractors must pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,
contractors must pay wages not less than once a week. The Recipient must comply with the Copeland
"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part
3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States").The Act provides that each Recipient or subrecipient must be
prohibited from inducing,by any means,any person employed in the construction,completion,or repair of
public work,to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act
Where applicable,if the Agreement is in excess of$100,000 and involves the employment of mechanics or
laborers,the Recipient must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of
Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each Recipient must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work
in excess of the standard work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer
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or mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market,or contracts for transportation or transmission of
intelligence.
6. Rights to Inventions Made Under Agreement
If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non-
Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties,assignment or performance of experimental,
developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient
must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative
Agreements,"and any implementing regulations issued by the awarding agency.
7. Clean Air Act(42 U.S.C.7401-7671q.).the Federal Water Pollution Control Act(33 U.S.C. 1251-
1387).and EPA Regulations
If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders
or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water
Pollution Control Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part 15). Violations
must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection
Agency(EPA).
8. Debarment and Suspension(Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award
Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement
Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p.235),
"Debarment and Suspension."
9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)
The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection with
obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.If applicable,the
Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining
any Federal award,using form SF-LLL,available at:
https://apply07.grants.gov/apply/forms/sample/SFLLL 1 2 P-V 1.2.pdf.
10. Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the
Resource Conservation and Recovery Act as described in 2 CFR part 200.322.
ADMINISTRATIVE
I I. General Federal Regulations
Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et
sequence.
12. Rights to Patents and Inventions Made Under a Contract or Agreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing
regulations,which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212.
13. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175)
Recipients,their employees,subrecipients under this award,and subrecipients'employees may not:
A. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
B. Procure a commercial sex act during the period of time that the award is in effect;or
C. Use forced labor in the performance of the award or subawards under the award.
14. Whistleblower Protection
Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14,2016 has been permanently extended(Public Law(P.L.) 114-261).
A. This award,related subawards,and related contracts over the simplified acquisition threshold
and all employees working on this award, related subawards, and related contracts over the
simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot
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1
program on award recipient employee whistleblower protections established at 41 U.S.C.4712
by section 828 of the National Defense Authorization Act for Fiscal Year 2013(P.L. 112-239).
B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce,of the employee whistleblower rights and protections
under 41 U.S.C.4712.
C. The Recipient shall insert this clause, including this paragraph C, in all subawards and in
contracts over the simplified acquisition threshold related to this award;best efforts should be
made to include this clause,including this paragraph C in any subawards and contracts awarded
prior to the effective date of this provision.
15. Notification of Termination(2 CFR&200.340)
In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the
period of performance due to the Recipient's or subcontractor's material failure to comply with Federal
statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall
be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,
accessible through System for Award Management(SAM)currently the Federal Awardee Performance and
Integrity Information System(FAPIIS). The Non-Federal Entity will notify the Recipient of the termination
and the Federal requirement to report the termination in FAPIIS. See 2 CFR§200.340 for the requirements
of the notice and the Recipient's rights upon termination and following termination.
16. Additional Lobbying Requirements
A. The Recipient certifies that no funds provided under this Agreement have been used or will be
used to engage in the lobbying of the Federal Government or in litigation against the United
States unless authorized under existing law.
B. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seg.), prohibits any
organization described in Section 501(cx4) of the Internal Revenue Code, from receiving
federal funds through an award, grant (and/or subgrant) or loan unless such organization
warrants that it does not,and will not engage in lobbying activities prohibited by the Act as a
special condition of such an award,grant(and/or subgrant),of loan.This restriction does not
apply to loans made pursuant to approved revolving loan programs or to contracts awarded
using proper procurement procedures.
C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from
using funds provided by this Agreement for membership dues to any entity or organization
engaged in lobbying activities.
COMPLIANCE WITH ASSURANCES
17. Assurances
Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to
the Federal Government during the Grant application process.
FEDERAL REPORTING REQUIREMENTS
Grant Recipients awarded a new Federal grant greater than or equal to$30,000 awarded on or after October
1,2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of
2006. The FFATA legislation requires that information on federal awards(federal financial assistance and
expenditures) be made available to the public via a single, searchable website, which is
www.USASpending.gov.The Grantee agrees to provide the information necessary,within one(1)month of
execution,for the Department to comply with this requirement.
DEPARTMENT OF TRANSPORTATION-SPECIFIC
18. DOT Regulations
Recipients shall comply with the following regulations: 2 CFR 1200-1201, 49 CFR 17,49 CFR 20-21,49
CFR 25-28.
19. Retention and Access Requirements for Records
Pursuant to 49 CFR§18.37(a)(3),for cost reimbursement subgrants of any tier,Recipients and subrecipients
shall comply with the record retention and access requirements of 49 CFR§18.42.
20. Energy Efficiency Policies
Recipients must comply with mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act(Pub.L.94-163,89 Stat.871).
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21. Drug-Free Workplace
The Department must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the
specific requirements set forth in 49 CFR 32. Additionally, in accordance with these regulations, the
recipients must identify all known workplaces under its federal awards, and keep this information on file
during the performance of the award.
22. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
As applicable,Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970(P.L.91-646)to provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
23. Payments to Subcontractors
The Recipient must pay all subcontractors within 30 days of receipt of payment in accordance with 49 CFR
26.29. If retainage is withheld,the Department may make prompt and regular incremental acceptances of
portions of the Agreement and pay retainage to Recipients based on these acceptances. Further,the Recipient
must pay all retainage owed to the subcontractors for satisfactory completion of the accepted work within
30 days after your payment to the Recipient.
FEDERAL HIGHWAY ADMINISTRATION-SPECIFIC
24. Federal Highway Administration(FHWA)Contractors&Recipients General Terms and
Conditions for Assistance Awards
Recipients shall comply with FWHA Contractors&Recipients General Terms and Conditions for Assistance
Awards available at https://www.fhwa.dot.gov/cfo/contractor recip/gtandcgeneraltermsconditions.cfm,
and incorporated by reference.
25. Contract Provisions
If the Project meets the definition of a "Federal Aid Construction Project," Form FHWA-1273 Required
Contract Provisions, available at https://www.fhwa.dot.gov/construction/cgit/formI273.cfm and
incorporated by reference,must be physically incorporated into each contract and subcontract.
RECREATIONAL TRAILS PROGRAM-SPECIFIC
26. Recreational Trails Program Guidance
Recipients shall comply with the applicable requirements of Recreational Trails Program Guidance available
at https://www.fhwa.dot.gov/environment/recreational trails/guidance/index.cfm, and incorporated by
reference.
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FHWA-1273-- Revised May 1,2012
ATTACHMENT 9
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in these
II. Nondiscrimination Required Contract Provisions may be sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments.withholding of final
IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI. Subletting or Assigning the Contract
VII. Safety:Accident Prevention 4. Selection of Labor: During the performance of this contract.
VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Governmentwide Suspension and parole,supervised release,or probation.The term Federal-aid
Debarment Requirements highway does not include roadways functionally classified as
XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more.The
provisions of 23 CFR Part 230 are not applicable to material
supply.engineering,or architectural service contracts.
I. GENERAL
In addition,the contractor and all subcontractors must comply
1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60.
construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contracts solely intended for debris removal).The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI
contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended.and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR
subcontracts(excluding purchase orders.rental agreements Parts 200,230,and 633.
and other agreements for supplies or services).
The contractor and all subcontractors must comply with:the
The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1.4(b)and.for all construction contracts exceeding S10,000.
order, rental agreement or agreement for other services.The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
subcontractor,lower-tier subcontractor or service provider.
Note:The U.S. Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60.and 29
subcontracts(excluding subcontracts for design services, CFR 1625-1627.The contracting agency and the FHWA have
purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services).The design-builder shall be responsible Title 23 USC Section 140.the Rehabilitation Act of 1973,as
for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of
or service provider. 1964,as amended,and related regulations including 49 CFR
Parts 21,26 and 27:and 23 CFR Parts 200,230,and 633.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents.however,the The following provision is adopted from 23 CFR 230,Appendix
Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S.
referenced)in all contracts.subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding purchase orders, rental agreements
and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment
construction contract). opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
2. Subject to the applicability criteria noted in the following under laws,executive orders.rules,regulations(28 CFR 35,
sections.these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627.41 CFR 60 and 49 CFR 27)
performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23
immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative
contract by piecework,station work,or by subcontract. action standards for the contractors project activities under
Attachment 9, Page 1 of 11
this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the
Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer."All such
contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO: which the project work force would normally be derived.
a.The contractor will work with the contracting agency and a. The contractor will. unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women.To
of activities under the contract. meet this requirement,the contractor will identify sources of
potential minority group employees,and establish with such
b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
"It is the policy of this Company to assure that applicants
are employed,and that employees are treated during b. In the event the contractor has a valid bargaining
employment,without regard to their race,religion,sex,color. agreement providing for exclusive hiring hall referrals,the
national origin,age or disability.Such action shall include: contractor is expected to observe the provisions of that
employment,upgrading,demotion,or transfer:recruitment or agreement to the extent that the system meets the contractor's
recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions.Where
other forms of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training." contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make known
to the contracting officers an EEO Officer who will have the c. The contractor will encourage its present employees to
responsibility for and must be capable of effectively refer minorities and women as applicants for employment.
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
so.
5. Personnel Actions:Wages,working conditions,and
3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and
staff who are authorized to hire,supervise.promote,and personnel actions of every type,including hiring,upgrading,
discharge employees,or who recommend such action,or who promotion.transfer,demotion. layoff,and termination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national
cognizant of,and will implement,the contractor's EEO policy origin,age or disability.The following procedures shall be
and contractual responsibilities to provide EEO in each grade followed:
and classification of employment.To ensure that the above
agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
a. Periodic meetings of supervisory and personnel office personnel.
employees will be conducted before the start of work and then
not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of
contractor's EEO policy and its implementation will be wages paid within each classification to determine any
reviewed and explained.The meetings will be conducted by evidence of discriminatory wage practices.
the EEO Officer.
c. The contractor will periodically review selected personnel
b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering discrimination.Where evidence is found,the contractor will
all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the
thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection
women. with its obligations under this contract.will attempt to resolve
such complaints,and will take appropriate corrective action
d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the
policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant.
applicants for employment and potential employees. such corrective action shall include such other persons.Upon
completion of each investigation,the contractor will inform
e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks,or 6.Training and Promotion:
other appropriate means.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
Attachment 9, Page 2 of 11
applicants for employment or current employees.Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractor's work forcerequirements and undue hardship.
as permissible under Federal and State regulations,the
contractor shall make full use of training programs.i.e., 9.Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex,
special provision for training is provided under this contract, national origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
special provision.The contracting agency may reserve leases of equipment.The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C.140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
10. Assurance Required by 49 CFR 26.13(b):
7.Unions: If the contractor relies in whole or in part upon
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by
increase opportunities for minorities and women.Actions by reference.
the contractor,either directly or through a contractor's
association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race.color,national origin,or sex in the
performance of this contract.The contractor shall carry out
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the
toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11. Records and Reports:The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race,color,religion.sex, national origin,age or requirements.Such records shall be retained for a period of
disability. three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA.
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
information to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project:
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement.the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
vacancies without regard to race,color, religion,sex.national opportunities for minorities and women:and
origin,age or disability:making full efforts to obtain qualified
and/or qualifiable minorities and women.The failure of a union (3)The progress and efforts being made in locating,hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women;
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
special provisions,such contractor shall immediately notify the classification required by the contract work.This information is
contracting agency. to be reported on Form FHWA-1391.The staffing data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
Attachment 9, Page 3 of 11
will be required to collect and report training data.The of paragraph 1.d.of this section;also,regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. which cover the particular weekly period,are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to
This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or
contracts and to all related construction subcontracts of mechanics performing work in more than one classification
$10,000 or more. may be compensated at the rate specified for each
classification for the time actually worked therein:Provided,
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this
use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be
employee custom.The contractors obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location,under the contractor's control,where it can be easily seen by the workers.
the facilities are segregated.The term"facilities"includes
waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of
time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in
storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the
recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage
provided for employees.The contractor shall provide separate determination.The contracting officer shall approve an
or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure privacy between sexes. therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification
requested is not performed by a classification in the wage
determination;and
This section is applicable to all Federal-aid construction
projects exceeding$2,000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size).The (ii)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction industry;and
way of a roadway that is functionally classified as Federal-aid
highway.This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide
local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the
Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination.
other projects.
The followingprovisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be
p employed in the classification(if known),or their
Labor regulations in 29 CFR 5.5"Contract provisions and representatives,and the contracting officer agree on the
related matters"with minor revisions to conform to the FHWA- classification and wage rate(including the amount
1273 format and FHWA program requirements. designated for fringe benefits where appropriate),a report of
the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division,Employment
Standards Administration,U.S.Department of Labor,
Washington,DC 20210.The Administrator,or an authorized
a. All laborers and mechanics employed or working upon representative,will approve,modify,or disapprove every
the site of the work,will be paid unconditionally and not less additional classification action within 30 days of receipt and
often than once a week,and without subsequent deduction or so advise the contracting officer or will notify the contracting
rebate on any account(except such payroll deductions as are officer within the 30-day period that additional time is
permitted by regulations issued by the Secretary of Labor necessary.
under the Copeland Act(29 CFR part 3)),the full amount of
wages and bona fide fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives,
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof,regardless of any contractual relationship which may classification and wage rate(including the amount
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the
and mechanics. contracting officer shall refer the questions,including the
views of all interested parties and the recommendation of the
contracting officer,to the Wage and Hour Administrator for
Contributions made or costs reasonably anticipated for bona determination.The Wage and Hour Administrator,or an
fide fringe benefits under section 1(b)(2)of the Davis-Bacon authorized representative,will issue a determination within
Act on behalf of laborers or mechanics are considered wages 30 days of receipt and so advise the contracting officer or
paid to such laborers or mechanics,subject to the provisions
Attachment 9, Page 4 of 11
will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show
additional time is necessary. that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible,and that the
plan or program has been communicated in writing to the
(4)The wage rate(including fringe benefits where appropriate) laborers or mechanics affected,and records which show the
determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this costs anticipated or the actual cost incurred in providing such
section,shall be paid to all workers performing work in the benefits.Contractors employing apprentices or trainees under
classification under this contract from the first day on which approved programs shall maintain written evidence of the
work is performed in the classification. registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and
c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs.
benefit which is not expressed as an hourly rate,the contractor
shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in
or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to
equivalent thereof. the contracting agency.The payrolls submitted shall set out
accurately and completely all of the information required to be
d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social
other third person,the contractor may consider as part of the security numbers and home addresses shall not be included
wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to
reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee
under a plan or program,Provided,That the Secretary of e.g. ,the last four digits of the employee's social security
Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be
that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is
been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
obligations under the plan or program. or its successor site.The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
2. Withholding security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime
contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a
including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or
contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract.In the event of failure to pay any payment of the persons employed under the contract and shall
laborer or mechanic,including any apprentice,trainee,or certify the following:
helper,employed or working on the site of the work,all or part
of the wages required by the contract,the contracting agency
may,after written notice to the contractor,take such action as (I)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of
payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is
have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5,and that such information is correct and
complete;
3. Payrolls and basic records
(ii)That each laborer or mechanic(including each
a. Payrolls and basic records relating thereto shall be helper,apprentice,and trainee)employed on the contract
maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly
preserved for a period of three years thereafter for all laborers wages earned,without rebate,either directly or indirectly,
and mechanics working at the site of the work.Such records and that no deductions have been made either directly or
shall contain the name,address,and social security number of indirectly from the full wages earned,other than
each such worker,his or her correct classification,hourly rates permissible deductions as set forth in Regulations,29 CFR
of wages paid(including rates of contributions or costs part 3;
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract.
plan or program described in section 1(b)(2)(B)of the Davis-
Attachment 9, Page 5 of 11
(3)The weekly submission of a properly executed certification rate specified in the applicable wage determination.
set forth on the reverse side of Optional Form WH-347 Apprentices shall be paid fringe benefits in accordance with
shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the
"Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits,
this section. apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification.If the Administrator determines that a different
(4)The falsification of any of the above certifications may practice prevails for the applicable apprentice classification,
subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination.
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
In the event the Office of Apprenticeship Training,Employer
and Labor Services,or a State Apprenticeship Agency
c.The contractor or subcontractor shall make the records recognized by the Office,withdraws approval of an
required under paragraph 3.a.of this section available for apprenticeship program,the contractor will no longer be
inspection,copying,or transcription by authorized permitted to utilize apprentices at less than the applicable
representatives of the contracting agency,the State DOT,the predetermined rate for the work performed until an acceptable
FHWA,or the Department of Labor,and shall permit such program is approved.
representatives to interview employees during working hours
on the job.If the contractor or subcontractor fails to submit the
required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL).
after written notice to the contractor,the contracting agency or
the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be
cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the
guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and
records upon request or to make such records available may individually registered in a program which has received prior
be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S.
Department of Labor,Employment and Training
4. Apprentices and trainees Administration.
a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress,
Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall
a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe
program,who is not individually registered in the program,but benefits listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training,Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
The allowable ratio of apprentices to journeymen on the job approved by the Employment and Training Administration shall
site in any craft classification shall not be greater than the ratio be paid not less than the applicable wage rate on the wage
permitted to the contractor as to the entire work force under determination for the classification of work actually performed.
the registered program.Any worker listed on a payroll at an In addition,any trainee performing work on the job site in
apprentice wage rate,who is not registered or otherwise excess of the ratio permitted under the registered program
employed as stated above,shall be paid not less than the shall be paid not less than the applicable wage rate on the
applicable wage rate on the wage determination for the wage determination for the work actually performed.
classification of work actually performed.In addition,any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered,the ratios and wage acceptable program is approved.
rates(expressed in percentages of the journeyman's hourly
rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of
program shall be observed. apprentices,trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29
specified in the registered program for the apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
Attachment 9, Page 6 of 11
d. Apprentices and Trainees(programs of the U.S.DOT). CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Apprentices and trainees working under apprenticeship and The following clauses apply to any Federal-aid construction
skill training programs which have been certified by the contract in an amount in excess of$100,000 and subject to the
Secretary of Transportation as promoting EEO in connection overtime provisions of the Contract Work Hours and Safety
with Federal-aid highway construction programs are not Standards Act.These clauses shall be inserted in addition to
subject to the requirements of paragraph 4 of this Section IV. the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
The straight time hourly wage rates for apprentices and used in this paragraph,the terms laborers and mechanics
trainees under such programs will be established by the include watchmen and guards.
particular programs.The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of 1.Overtime requirements.No contractor or subcontractor
the particular program. contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
5.Compliance with Copeland Act requirements.The require or permit any such laborer or mechanic in any
contractor shall comply with the requirements of 29 CFR part workweek in which he or she is employed on such work to
3,which are incorporated by reference in this contract. work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
6.Subcontracts.The contractor or subcontractor shall insert worked in excess of forty hours in suchworkweek.
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts.The prime contractor shall be responsible forthe 2.Violation;liability for unpaid wages; liquidated
compliance by any subcontractor or lower tier subcontractor damages. In the event of any violation of the clause set forth
with all the contract clauses in 29 CFR 5.5. in paragraph(1.)of this section,the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages.In addition,such contractor and subcontractor
7.Contract termination:debarment. A breach of the shall be liable to the United States(in the case of work done
contract clauses in 29 CFR 5.5 may be grounds fortermination under contract for the District of Columbia or a territory,to such
of the contract,and for debarment as a contractor and a District or to such territory),for liquidated damages.Such
subcontractor as provided in 29 CFR 5.12. liquidated damages shall be computed with respect to each
individual laborer or mechanic,including watchmen and
8.Compliance with Davis-Bacon and Related Act guards,employed in violation of the clause set forth in
requirements.All rulings and interpretations of the Davis- paragraph(1.)of this section,in the sum of$10 for each
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 calendar day on which such individual was required or
are herein incorporated by reference in this contract. permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph(1.)of this section.
9.Disputes concerning labor standards.Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract.Such 3.Withholding for unpaid wages and liquidated damages.
disputes shall be resolved in accordance with the procedures The FHWA or the contacting agency shall upon its own action
of the Department of Labor set forth in 29 CFR parts 5,6,and or upon written request of an authorized representative of the
7.Disputes within the meaning of this clause include disputes Department of Labor withhold or cause to be withheld,from
between the contractor(or any of its subcontractors)and the any moneys payable on account of work performed by the
contracting agency,the U.S.Department of Labor,or the contractor or subcontractor under any such contract or any
employees or their representatives. other Federal contract with the same prime contractor,or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act,which is held by the same
10.Certification of eligibility. prime contractor,such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
a.By entering into this contract,the contractor certifies that subcontractor for unpaid wages and liquidated damages as
neither it(nor he or she)nor any person or firm who has an provided in the clause set forth in paragraph(2.)of this
interest in the contractor's firm is a person or firm ineligible to section.
be awarded Government contracts by virtue of section 3(a)of
the Davis-Bacon Act or 29 CFR 5.12(a)(1). 4.Subcontracts.The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph(1.)
b.No part of this contract shall be subcontracted to any person through(4.)of this section and also a clause requiring the
or firm ineligible for award of a Government contract by virtue subcontractors to include these clauses in any lower tier
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). subcontracts.The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(1.)through(4.)of this
c.The penalty for making false statements is prescribed in the section.
U.S.Criminal Code, 18 U.S.C.1001.
Attachment 9, Page 7 of 11
V. SUBLETTING OR ASSIGNING THE CONTRACT evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
This provision is applicable to all Federal-aid construction
contracts on the National Highway System. 5.The 30%self-performance requirement of paragraph(1)is
not applicable to design-build contracts;however,contracting
1.The contractor shall perform with its own organization agencies may establish their own self-performance
contract work amounting to not less than 30 percent(or a requirements.
greater percentage if specified elsewhere in the contract)of
the total original contract price,excluding any specialty items
designated by the contracting agency.Specialty items may be VI. SAFETY:ACCIDENT PREVENTION
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total Thisprovisionis applicable to all Federal-aid
original contract price before computing the amount of work construction contracts and to all related subcontracts.
required to be performed by the contractor's own organization
(23 CFR 635.116). 1. In the performance of this contract the contractor shall
comply with all applicable Federal,State,and local laws
a. The term"perform work with its own organization"refers goveming safety,health,and sanitation(23 CFR 635).The
to workers employed or leased by the prime contractor,and contractor shall provide all safeguards,safety devices and
equipment owned or rented by the prime contractor,with or protective equipment and take any other needed actions as it
without operators.Such term does not include employees or determines,or as the contracting officer may determine,to be
equipment of a subcontractor or lower tier subcontractor, reasonably necessary to protect the life and health of
agents of the prime contractor,or any other assignees.The employees on the job and the safety of the public and to
term may include payments for the costs of hiring leased protect property in connection with the performance of the
employees from an employee leasing firm meeting all relevant work covered by the contract.
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime 2. It is a condition of this contract,and shall be made a
contractor meets all of the following conditions: condition of each subcontract,which the contractor enters into
pursuant to this contract,that the contractor and any
(1)the prime contractor maintains control over the subcontractor shall not permit any employee,in performance
supervision of the day-to-day activities of the leased of the contract,to work in surroundings or under conditions
employees; which are unsanitary,hazardous or dangerous to his/her
(2)the prime contractor remains responsible for the quality health or safety,as determined under construction safety and
of the work of the leased employees; health standards(29 CFR 1926)promulgated by the Secretary
(3)the prime contractor retains all power to accept or of Labor,in accordance with Section 107 of the Contract Work
exclude individual employees from work on the project;and Hours and Safety Standards Act(40 U.S.C.3704).
(4)the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages,the 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract
submission of payrolls,statements of compliance and all that the Secretary of Labor or authorized representative
other Federal regulatory requirements. thereof,shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
b."Specialty Items"shall be construed to be limited to work with the construction safety and health standards and to carry
that requires highly specialized knowledge,abilities,or out the duties of the Secretary under Section 107 of the
equipment not ordinarily available in the type of contracting Contract Work Hours and Safety Standards Act(40
organizations qualified and expected to bid or propose on the U.S.C.3704).
contract as a whole and in general are to be limited to minor
components of the overall contract.
VII. FALSE STATEMENTS CONCERNING HIGHWAY
2.The contract amount upon which the requirements set forth PROJECTS
in paragraph(1)of Section VI is computed includes the cost of
material and manufactured products which are to be Thisprovisionis applicable to all Federal-aid
purchased or produced by the contractor under the contract construction contracts and to all related subcontracts.
provisions.
In order to assure high quality and durable construction in
3.The contractor shall furnish(a)a competent superintendent conformity with approved plans and specifications and a high
or supervisor who is employed by the firm,has full authority to degree of reliability on statements and representations made
direct performance of the work in accordance with the contract by engineers,contractors,suppliers,and workers on Federal-
requirements,and is in charge of all construction operations aid highway projects,it is essential that all persons concerned
(regardless of who performs the work)and(b)such other of its with the project perform their functions as carefully,thoroughly,
own organizational resources(supervision,management,and and honestly as possible.Willful falsification,distortion,or
engineering services)as the contracting officer determines is misrepresentation with respect to any facts related to the
necessary to assure the performance of the contract. project is a violation of Federal law.To prevent any
misunderstanding regarding the seriousness of these and
4.No portion of the contract shall be sublet,assigned or similar acts,Form FI-IWA-1022 shall be posted on each
otherwise disposed of except with the written consent of the Federal-aid highway project(23 CFR 635)in one or more
contracting officer,or authorized representative,and such places where it is readily available to all persons concerned
consent when given shall not be construed to relieve the with the project:
contractor of any responsibility for the fulfillment of the
contract.Written consent will be given only after the
contracting agency has assured that each subcontract is 18 U.S.C. 1020 reads as follows:
Attachment 9, Page 8 of 11
"Whoever,being an officer,agent,or employee of the United covered transaction. The prospective first tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
false statement,false representation,or false report as to the considered in connection with the department or agency's
character,quality,quantity.or cost of the material used or to determination whether to enter into this transaction.However,
be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed.or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans,maps,specifications,contracts,or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any false statement.false agency determined to enter into this transaction. If it is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed.or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation;or
d.The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
Roads Act approved July 1, 1916.(39 Stat.355).as amended submitted or has become erroneous by reason of changed
and supplemented: circumstances.
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred,"
years or both." "suspended,""ineligible,""participant,""person,""principal,"
and"voluntarily excluded,"as used in this clause,are defined
in 2 CFR Parts 180 and 1200."First Tier Covered
VIII. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or sub-grantee of Federal funds and a participant
(such as the prime or general contract)."Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts)."First Tier
Participant"refers to the participant who has entered into a
By submission of this bid/proposal or the execution of this covered transaction with a grantee or sub-grantee of Federal
contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor)."Lower Tier
Federal-aid construction contractor,or subcontractor.as Participant"refers any participant who has entered into a
appropriate.will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers).
1.That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section Xin suspended,declared ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
such requirements.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
IX.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
into this covered transaction,without modification.in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts.lower-tier covered transactions exceeding the$25.000 threshold.
subcontracts.purchase orders,lease agreements,consultant
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a
approval or that is estimated to cost$25.000 or more—as certification of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or
voluntarily excluded from the covered transaction.unless it
knows that the certification is erroneous.A participant is
responsible for ensuring that its principals are not suspended,
1. Instructions for Certification—First Tier Participants: debarred.or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals,as well as
a. By signing and submitting this proposal.the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List System website(https://www.epls.gov/),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation in this
Attachment 9, Page 9 of 11
a.Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
require the establishment of a system of records in order to including suspension and/or debarment.
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
b. Except for transactions authorized under paragraph changed circumstances.
(f)of these instructions.if a participant in a covered
transaction knowingly enters into a lower tier covered d.The terms"covered transaction.""debarred,"
transaction with a person who is suspended,debarred, "suspended.""ineligible,""participant,""person,""principal,"
ineligible,or voluntarily excluded from participation in this and"voluntarily excluded,"as used in this clause,are defined
transaction.in addition to other remedies available to the in 2 CFR Parts 180 and 1200.You may contact the person to
Federal Government,the department or agency may terminate which this proposal is submitted for assistance in obtaining a
this transaction for cause or default. copy of those regulations."First Tier Covered Transactions"
refers to any covered transaction between a grantee or sub-
grantee of Federal funds and a participant(such as the prime
or general contract)."Lower Tier Covered Transactions"refers
2. Certification Regarding Debarment,Suspension, to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts)."First Tier Participant"
Participants: refers to the participant who has entered into a covered
transaction with a grantee or sub-grantee of Federal funds
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor)."Lower Tier
its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred.suspended,proposed for Tier Participants(such as subcontractors and suppliers).
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department or agency: submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into
(2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless
connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this
a public(Federal,State or local)transaction or contract under transaction originated.
a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery. f.The prospective lower tier participant further agrees by
bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled
statements,or receiving stolen property; "Certification Regarding Debarment,Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
(3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and
civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold.
paragraph(a)(2)of this certification;and
g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or
(Federal,State or local)terminated for cause or default voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended.
any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions.To verify the eligibility of its principals.as well as
the eligibility of any lower tier prospective participants,each
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System website(https://www.eols.gov/),which is
(Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The
a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to
lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
b.The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of
was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification.in addition to other remedies available to the person who is suspended,debarred, ineligible,or voluntarily
Federal Government.the department,or agency with which excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the
Attachment 9, Page 10 of 11
ATTACHMENT A-EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
department or agency with which this transaction originated HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
may pursue available remedies,including suspension and/or ROAD CONTRACTS
debarment. This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract,the contractor
Certification Regarding Debarment,Suspension, undertaking to do work which is,or reasonably may be.done as
Ineligibility and Voluntary Exclusion--Lower Tier on-site work,shall give preference to qualified persons who
Participants: regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
1 The prospective lower tier participant certifies,by submission Appalachian counties of the State wherein the contract work is
of this proposal.that neither it nor its principals is presently situated.except'
debarred,suspended,proposed for debarment,declared
ineligible,or voluntarily excluded from participating in covered a.To the extent that qualified persons regularly residing in
transactions by any Federal department or agency. the area are not available.
2.Where the prospective lower tier participant is unable to certify b.For the reasonable needs of the contractor to employ
to any of the statements in this certification,such prospective supervisory or specially experienced personnel necessary to
participant shall attach an explanation to this proposal. assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
X.CERTIFICATION REGARDING USE OF CONTRACT FUNDS bargaining contract,provided that the number of nonresident
FOR LOBBYING persons employed under this subparagraph(1c)shall not
exceed 20 percent of the total number of employees employed
This provision is applicable to all Federal-aid construction by the contractor on the contract work.except as provided in
contracts and to all related subcontracts which exceed subparagraph(4)below.
$100.000(49 CFR 20).
2.The contractor shall place a job order with the State
1. The prospective participant certifies,by signing and submitting Employment Service indicating(a)the classifications of the
this bid or proposal,to the best of his or her knowledge and laborers,mechanics and other employees required to perform
belief,that: the contract work.(b)the number of employees required in each
classification.(c)the date on which the participant estimates
a. No Federal appropriated funds have been paid or will be paid, such employees will be required,and(d)any other pertinent
by or on behalf of the undersigned.to any person for information required by the State Employment Service to
influencing or attempting to influence an officer or employee of complete the job order form.The job order may be placed with
any Federal agency,a Member of Congress.an officer or the State Employment Service in writing or by telephone. If
employee of Congress.or an employee of a Member of during the course of the contract work,the information
Congress in connection with the awarding of any Federal submitted by the contractor in the original job order is
contract,the making of any Federal grant,the making of any substantially modified,the participant shall promptly notify the
Federal loan,the entering into of any cooperative agreement. State Employment Service.
and the extension,continuation,renewal,amendment,or
modification of any Federal contract.grant,loan,or 3.The contractor shall give full consideration to all qualified job
cooperative agreement. applicants referred to him by the State Employment Service.
The contractor is not required to grant employment to any job
b. If any funds other than Federal appropriated funds have been applicants who, in his opinion,are not qualified to perform the
paid or will be paid to any person for influencing or attempting classification of work required.
to influence an officer or employee of any Federal agency,a
Member of Congress,an officer or employee of Congress,or 4.If,within one week following the placing of a job order by the
an employee of a Member of Congress in connection with this contractor with the State Employment Service,the State
Federal contract,grant,loan,or cooperative agreement,the Employment Service is unable to refer any qualified job
undersigned shall complete and submit Standard Form-LLL, applicants to the contractor,or less than the number requested,
"Disclosure Form to Report Lobbying,"in accordance with its the State Employment Service will forward a certificate to the
instructions. contractor indicating the unavailability of applicants.Such
certificate shall be made a part of the contractor's permanent
2. This certification is a material representation of fact upon project records. Upon receipt of this certificate,the contractor
which reliance was placed when this transaction was made or may employ persons who do not normally reside in the labor
entered into.Submission of this certification is a prerequisite area to fill positions covered by the certificate,notwithstanding
for making or entering into this transaction imposed by 31 the provisions of subparagraph(1c)above.
U.S.C. 1352.Any person who fails to file the required
certification shall be subject to a civil penalty of not less than 5.The provisions of 23 CFR 633.207(e)allow the contracting
$10,000 and not more than$100,000 for each such failure. agency to provide a contractual preference for the use of
mineral resource materials native to the Appalachian region.
3. The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of 6.The contractor shall include the provisions of Sections 1
this certification be included in all lower tier subcontracts, through 4 of this Attachment A in every subcontract for work
which exceed$100,000 and that all such recipients shall which is,or reasonably may be,done as on-site work.
certify and disclose accordingly.
Attachment 9, Page 11 of 11
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" Florida Department of Environmental Protection
EXHIBIT C
I PAYMENT REQUEST SUMMARY FORM
Required Signatures: Adobe Signature
Date:
City of Clermont Clermont Legacy Loop, T18027
Grantee Project Name and Number
Billing Period: Billing#:
DEP Division: Division of State Lands DEP Program: Recreational Trails Program
Project Costs This Billing Cumulative Project Costs
Contractual Services
Grantee Labor
Employee Benefits
( %of Salaries)
Direct Purchases: Materials & Supplies
Grantee Stock
Equipment
Land Value
Indirect Costs
(15%of Grantee Labor)
TOTAL PROJECT COSTS $ $
CERTIFICATION: I hereby certify that the above expenses were incurred for the work being
accomplished in the attached progress reports.
Project Administrator Date
CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the
project expenses as reported above and is available for audit upon request.
Project Financial Officer Date
DEP USE ONLY
STATE FUNDING PARTICIPATION:
Total project costs to date $
State Obligation to date $
State retainage ( %) $
State obligation remaining $
State funds previously disbursed $
State funds due this billing $
Reviewed and approved by:
DEP Project Administrator Date
Division Director or Designee Date
Exhibit F: APPENDICES A and E
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest(hereinafter referred to as the"Contractor")agrees as follows:
(1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Agreement.
(2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract,
shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion
or family status in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
(3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment:
In all solicitations made by the Contractor, either by competitive bidding or negotiation for
work to be performed under a subcontract, including procurements of materials or leases of
equipment; each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the basis of race, color, national origin, sex, age, disability, religion or family status.
(4.) Information and Reports: The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in the exclusive possession of
another who fails or refuses to furnish this information the Contractor shall so certify to the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may determine to be appropriate, including, but not limited to:
a. withholding of payments to the Contractor under the contract until the Contractor
complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1)
through (7) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Contractor shall take such action with respect to any subcontract or procurement as the
2
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. In the event a Contractor becomes involved in, or is threatened with,
litigation with a sub-contractor or supplier as a result of such direction, the Contractor may
request the Florida Department of Transportation to enter into such litigation to protect the
interests of the Florida Department of Transportation, and, in addition, the Contractor may
request the United States to enter into such litigation to protect the interests of the United
States.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights
Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of
race. color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment
of persons displaced or whose property has been acquired because of Federal or Federal-aid
programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.).
(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973.
(29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability):
and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of
1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race.
creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209),
(Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the programs or
activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not); Titles II and III of the Americans with
Disabilities Act, which prohibit discrimination on the basis of disability in the operation of
public entities, public and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on
the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income Populations, which
ensures non-discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or environmental effects
on minority and low-income populations; Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that
LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
49 CFR 26.13 - What assurances must
recipients and contractors make?
• eCFR
• Authorities(U.S. Code)
• What Cites Me
prey I next
§ 26.13 What assurances must recipients and contractors make?
(a) Each financial assistance agreement you sign with a DOT operating administration (or a
primary recipient) must include the following assurance: The recipient shall not discriminate on
the basis of race,color, national origin, or sex in the award and performance of any DOT-
assisted contract or in the administration of its DBE program or the requirements 49 CFR part
26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure
nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's
DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the
recipient of its failure to carry out its approved program,the Department may impose sanctions
as provided for under 49 CFR part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 ( 31
U.S.C. 3801 et seq.).
(b) Each contract you sign with a contractor(and each subcontract the prime contractor signs
with a subcontractor) must include the following assurance: The contractor, sub recipient or
subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to
carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the recipient deems appropriate,which may
include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
[ 79 FR 59593, Oct. 2, 2014]
