RECREATIONAL TRAILS PROGRAM AGREEMENT FOR FISCAL YEAR 2016-2017 REAM WILSON TRAIL BRIDGE - DEP AGREEMENT NO T1508DEP AGREEMENT NO. T1508
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM
AGREEMENT FOR FISCAL YEAR 2016 -2017
Ream Wilson Trail Bridge
THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.) between the
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter referred to as the "Department ") and the
CITY OF CLEARWATER, whose address is 100 South Myrtle Avenue, Clearwater, Florida 33756 (hereinafter
referred to as "Grantee "), a local government agency, in furtherance of an approved public recreational trail project .
known as Ream Wilson Trail Bridge, Project Number T15008. Collectively, the Department and the Grantee shall
be referred to as "Parties" or individually as a "Party". For purposes of this Agreement, the terms "Grantee" and
" Recipient" are used interchangeably.
WHEREAS, the Department is authorized to administer the Recreational Trails Program (RTP), in
accordance with 23 United States Code (U.S.C.) §206 and Paragraph 260.016(1Xg), F.S.; and,
WHEREAS, the Department received federal financial assistance from the U.S. Federal Highway
Administration (FHWA) pursuant to Federal -Aid Project Agreement No RECTO 15 for the purposes of administering
RTP funds for recreational trail projects; and,
WHEREAS, pursuant to Chapter 625-2, Florida Administrative Code (F.A.C.), as recommended by the RTP
Advisory Committee's priority list and with final approval by the FHWA, the Grantee is a subrecipient of the RTP
federal funds being administered and monitored by the Department. Thus the Grantee and Department are additionally
responsible for complying with the appropriate federal guidelines in performance of the Project activities pursuant to
this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein and pursuant to paragraph
§260.016, F.S. and Chapter 625 -2, F.A.C., the parties hereto agree as follows:
1. TERMS OF AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, more fully described in Attachment A, Project Work Plan, including all attachments and
exhibits named herein, which are attached hereto and incorporated by reference. The Grantee acknowledges
that receipt of this grant does not imply nor guarantee that a federal, state or local permit will be issued for a
particular activity. Further, the Grantee agrees to ensure that all necessary permits are obtained prior to
implementation of any grant: funded activity that may fall under applicable federal, state or local laws.
Administrative Forms, Reimbursement Forms and guidelines referenced in this Agreement may be found at
http:/ /www.dep.state.fLuslgwtlarantst or by contacting the Department's Grant Manager.
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,
incorporated herein by reference. Upon satisfactory approval by the Department, the Department will issue
written notice to proceed to the Grantee to commence the Project. 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 such as natural disaster, which the Department may
accept or reject in its sole discretion.
DEP Agreement No. TI 508, Page 1 of 19
Approved: 6/13/16
The Department shall 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. This time
period may be extended by the Department for good cause, such as natural disaster pursuant to subparagraph
62S- 2.075(7Xd)3, F.A.C.. Unless and until the Department issues written notice of approval authorizing
Grantee to commence the Project, Grantee shall not incur nor charge, and the Department shall not be
obligated to pay or reimburse Grantee for fees, cost, or general expenses of any kind, which incurred during
the commencement approval period except for pre- agreement costs as more fully described pursuant to
paragraphs 62S- 2.075(3Xa)-(b), F.A.C.
The Grantee agrees to dedicate for ninety-nine (99) years the Project Site(s) and all land within the Project
boundaries, which is developed or acquired with RTP fluids, 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 such as by lease, shall 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 completion date 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 contain a clause which enables the Grantee to dedicate the land
for the twenty-five (25) year period. The dedication must be recorded in the 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(s) dedication on behalf of the general public of the
State of Florida. The Project site(s) shall be open at reasonable times and shall be managed in a safe and
attractive manner: The Grantee shall obtain Department approval prior to any and all current or future
development of facilities on the Project Site(s), which is defined in subsection 62S- 2.070(37), F.A.C. This
Agreement is not transferable.
2. PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both parties and shall remain in effect no later than two years
from the effective date of this Agreement, inclusive. At the written request of the Grantee, the Department
may extend this period for good cause such as financial hardship, public controversy, material shortage,
unexpected weather conditions, or other major factors beyond the Grantee's control. The Grantee shall be
limited to two (2) one -year extensions, which requires a formal Amendment to this Agreement. All funds
not disbursed after four (4) years shall revert to FHWA pursuant to paragraph 62S- 2.075(7)(a), F.A.C.. The
Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the
expiration date of this Agreement, except for those pre - agreement expenses as more fully defined in
subparagraphs 62S- 2.075(3Xa)-(b), and as further provided for herein.
3. FUNDING /CONSIDERATION/INVOICING:
The Grantee shall be eligible for authorized reimbursement, in whole or in part, for costs pursuant to RTP
guidelines, and approved pre- agreement costs, through the expiration date of this Agreement, provided that
the cost(s) meet all requirements and financial reporting of the RTP program and rules and regulations
applicable to expenditures of State funds, hereby adopted and incorporated by reference.
A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms
of this Agreement, the Department shall pay the Grantee on a cost - reimbursement basis up to a
maximum of 5104.637 towards the total estimated project cost of 5209.275. The parties hereto
understand and agree that this Agreement requires at least a 50% match on the part of the Grantee.
Therefore, the Grantee is responsible for providing $104.638 through cash or in -kind service cost
towards the Project funded under this Agreement. The Grantee will report all expenditures that are
funded under this Agreement to the Department in the Payment Request Summary Form, DRP -115,
incorporated herein by reference, and provide supporting documentation. RTP funds remaining after
termination of a grant award or completion of shall revert to the State's program funds under
the provisions of federal Transportation Equity Act for the 21st Century (TEA -21) and subsection
62S - 2.075(6), F.A.C. Any additional funds necessary for the completion of this Project are the
responsibility of the Grantee.
DEP Agreement No. Tl508, Page 2 of 19
Approved: 6/13/16
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds
between approved budget categories, as defined in Attachment A, are Less than ten percent
(10%) of the total budget as last approved by the Department. All Change Orders are
subject to the mutual agreement of both parties as evidenced in writing.
ii A formal Amendment to this Agreement is required for changes which cause any of the
following: an increase or decrease in the Agreement funding amount, a change in the
Grantee's match requirements, a change in the expiration date of the Agreement, and/or
changes to the cumulative amount of funding transfers between approved budget
categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10%)
of the total budget as last approved by the Department. All Amendments are subject to the
mutual agreement of both parties as evidenced in writing.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each Deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Payment Request
Summary Form, DRP -I 15. 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.
http: l/ www. myftoridacfo .com/aadir /reference_gwde /. All invoices for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre -audit and post - audit thereof A
final payment request should be submitted to the Department sixty (60) calendar days following to
the completion date of the Agreement, to assure the availability of funds for payment.
Project Costs, Pre- Agreement Costs and Cost Limits: Payment of project costs shall be reimbursed
as provided for pursuant to Rule 62S -2.075, F.A.C., and as provided in this Agreement. Costs shall
be incurred between the effective date of, and the project completion date identified in, this
Agreement except for pre- agreement costs approved by the Department. Costs for appraisals,
appraisal review, surveys (boundary and topographic), title searches and project signs are eligible
project expenses. Project planning expenses, such as application preparation, architectural and
engineering fees, permitting fees, and project inspection, are eligible project costs provided that such
costs do not exceed fifteen (15) percent of the total Project cost.
E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment B, Contract Payment Requirements. The Payment Request Summary Form,
DRP -115, shall be accompanied by supporting documentation and other requirements as follows for
each deliverable. Reimbursement shall be limited to the following budget categories:
Salaries/Wages (Grantee Labor), -The Grantee may be reimbursed for direct salaries or
multipliers (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
for Grantee's employees, as listed in the Grantee's submitted and approved Detailed
Budget to be established in Attachment A, Project Work Plan, Task 1.
ii. Overhead/Indirect/General and Administrative Costs — All multipliers used (i.e., fringe
benefits, overhead, indirect, and/or general and administrative rates) shall be supported by
audit if the Department determines that multipliers charged by the Grantee exceeded the
rates supported by audit, the Grantee shall be required to reimburse such funds to the
Department within thirty (30) calendar days of written notification. Interest on the
excessive charges shall be calculated based on the prevailing rate used by the State Board
of Administration.
DEP Agreement No. T1508, Page 3 of 19
Approved: 6/13/16
a. Fringe Benefits (Employee Benefits) — Shall be calculated at the rate up to 40% of
direct salaries.
b. Indirect Cost — Shall be calculated at the rate of 15% of direct cost.
iii. Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the 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 multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and
administrative rates) shall be supported by audit If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. 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 A.
Invoices submitted to the 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 (i.e., Invitation to Bid
or Request for Proposals) resulting in the fixed -price subcontract.
The Grantee may request approval from the Department to award a fixed -price
subcontract resulting from procurement methods other than those identified
herein. In this instance, the Grantee shall request the advance written approval
from the Department's Grant Manager of the fixed price negotiated by the
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 the
Department Grant Manager's approval of the fixed price amount, the Grantee
may proceed in finalizing the fixed -price subcontract.
All subcontracts are subject to the provisions of paragraph 13 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
iv. Rental/Lease of Equipment — Include copies of invoices or receipts to document charges.
v. Equipment — (Capital outlay costing $1,000 or more) — Reimbursement for the purchase of
equipment is subject to specific approval of the Department and is governed by Paragraph
23 of this Agreement. Include copies of invoices or receipts to document authorized
purchases, if applicable.
vi. Other Expenses (Direct Purchases: Materials and Supplies. Grantee Stock) — For example,
materials, supplies, non - excluded phone expenses, reproduction, mailing, and other
expenses must be documented by itemizing and including copies of receipts or invoices.
Additionally, independent of the Grantee's contract obligations to its subcontractor, the
Department shall not reimburse any of the following types of charges: cell phone usage,
attorney's fees, civil or administrative penalties, or handling fees, such as set percent
overages associated with purchasing supplies or equipment.
F. In addition to the invoicing requirements contained herein, the Department will periodically request
proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the
Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information, when requested, must be provided within thirty (30) calendar days of
such request. The Grantee may also be required to submit a cost allocation plan to the Department
DEP Agreement No. T1508, Page 4 of 19
Approved: 6/13/16
in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits).
State guidelines for allowable costs can be found in the Department of Financial Services' Reference
Guide for State Expenditures at http:// www. mvfloridacfo ,comlaadir /reference_yuidel; allowable
costs for Federal Programs, awarded prior to December 26, 2014, can be found under 48 Code of
Federal Regulations (CFR) Part 31 and 45 CFR Part 74, Appendix E, at http: / /www.ecfrgov and
OMB Circulars A -87 (2 CFR 225), A -122 (2 CFR 230), A -21 (2 CFR 220); and administrative
requirements can be found in OMB Circulars A -102 and A -110 (2 CFR 215) at
http:// www. whitehouse .gov /omb /circulars/index.html #numerical; for all Federal Programs awarded
after December 26, 2014, allowable costs and uniform administrative requirements can be found
under 2 CFR 200 and 2 CFR 1201, at http : / /www.ecfr.gov.
G. Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs. For purposes of this Agreement, the following cost principles are
incorporated by reference.
For Federal Awards made PRIOR to December 26, 2014
Organization Type
Applicable Cost Principles
State, local or Indian tribal government.
OMB Circular A -87 (2 CFR 225)
Private non- profit organization other than an (1)
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A -122 as not
subject to that circular.
OMB Circular A -122 (2 CFR 230)
Education Institutions
OMB Circular A -21 (2 CFR 220)
For -profit organization other than a hospital and an
organization named in OMB A -122 as not subject
to that circular.
48 CFR Part 3' 1, Contract Cost Principles
and Procedures, or uniform cost
accounting standards that comply with
cost principles acceptable to the federal
agency.
Hospital
45 CFR Subtitle A - Appendix E to Part
74-Principles for Determining Costs
Applicable to Research and Development
Under Grants and Contracts with
Hospitals
For Federal Awards made AFTER December 26, 2014
Organization Type
Applicable Cost Principles
State, local or Indian tribal government.
2 CFR Part 200 Uniform Administrative
Requirements, Costs, Principals and Audit
Requirements for Federal Awards
Private non -profit organization other than an (1)
institution of higher education, (2) hospital, or (3)
organization named in 2 CFR Part 200, Appendix
VIII,
2 CFR Part 200 Uniform Administrative
Requirements, Costs, Principals and Audit
Requirements for Federal Awards
Education Institutions
2 CFR Part 200 Uniform Administrative
Requirements, Costs, Principals and Audit
Requirements for Federal Awards
For -profit organization other than a (1) hospital or
(2) education institute.
48 CFR Part 31, Contract Cost Principles
and Procedures, or uniform cost
accounting standards that comply with
cost principles acceptable to the federal
agency.
Hospital
2 CFR 200 and 45 CFR Subtitle A Part 75
DEP Agreement No. TI 508, Page 5 of 19
Approved: 6/13/16
1. 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, the Grantee, or subrecipient, shall establish a
system to provide adequate fund accountability for each project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department shall have
the right to demand a refund, either in whole or in part, of the funds provided to the Grantee
under this Agreement for non - compliance with the material terms of this Agreement. The
Grantee, upon such written notification from the Department shall refitnd, and shall
forthwith pay to the Department, the amount of money demanded by the 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 the Department by the Grantee to the date repayment is made
by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed
by the Department, from another source(s), the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement, 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 payment(s) are recovered by the Grantee to
the date repayment is made to the Department by the Grantee.
The federal funds awarded under this Agreement must comply with The Federal Funding
Accountability and Transparency Act ( FFATA) of 2006. The intent of FFATA is to empower
every American with the ability to hold the government accountable for each spending decision.
The end; result is to reduce wasteful spending in the government. 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. Grant Recipients
awarded a new Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010
are subject to the FFATA. The Grantee agrees to provide the infonnation necessary, over the life
of this Agreement, for the Department to comply with this requirement
If the total cost of the project exceeds the grant amount, and/or the required match, as applicable,
the Grantee must pay the excess cost.
4. ANNUAL APPROPRIATION:
The Department's performance and obligation to award program grants are contingent upon an annual
allocation by the FHWA and/or appropriation by the Florida Legislature. The Department shall distribute
RTP funds as reimbursement grants to applicants eligible pursuant to subsection 62S- 2.071(1), F.A.C.. The
parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization
for continuation and completion of work and payment associated therewith may be rescinded with proper
notice at the discretion of the Department if federal funding and/or Florida Legislative appropriations are
reduced or eliminated.
5. REPORTS:
The Grantee shall utilize the Project Status Report, DRP -109, 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 shall be submitted to
the Department's Grant Manager no later than May 5, September 5 and January 5. The Department's Grant
DEP Agreement No. T1508, Page 6 of 19
Approved: 6/13/16
Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the
Grantee.
6. RETAINAGE:
The Department shall retain ten percent (10 %) of the grant until the Project has been completed and approved
by the Department. Upon completion of the Project and prior to the release of the final payment, the Grantee
shall complete and submit all documentation described in the Project Completion Documentation Checklist,
incorporated herein by reference, pursuant to RTP requirements as set forth in subsection 62S- 2.075(5),
F.A.C.
The Department shall perform an on -site inspection of the project site to ensure compliance with the project
agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior to
disbursement of final payment.
7. PROJECT COMPLETION CERTIFICATION:
Project completion means the project is open and available for use by the public. Project must be designated
complete prior to release of final reimbursement. In order to certify completion, the Grantee shall submit to
the Department a Project Completion Certificate, OG1 -14, effective date May 1,2001, hereby incorporated
by reference and available from the Department's Office of Operations, Land and Recreation Grants Section,
3900 Commonwealth Boulevard, Mail Station 550, Tallahassee, Florida 32399 -3000, (850) 245 -2501 or
online at http: l/ www.dep.state.fl.ustgwttgrants/.
INDEMNIFICATION:
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 of Florida to be sued by third parties in any matter arising out of
any contract or this Agreement.
9. DEFAULT /TERMINATION /FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written
notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30) calendar day's written notice. Lithe Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the
Agreement is terminated before performance is completed, the Grantee shall be paid only for that
work satisfactorily performed for which costs can be substantiated.
C. Records made or received in conjunction with this Agreement are public records. This Agreement
may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in
conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Section
24(a), Article I, Florida Constitution.
DEP Agreement No. T1508, Page 7 of 19
Approved: 6/13/16
D, If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay and the
Grantee's intended timetable for implementation of such measures. If the parties agree that the
delay or anticipated delay was caused, or will be caused by a force majeure, the Department may,
at its discretion, extend the time for performance under this Agreement for a period of time equal to
the delay resulting from the force majeure upon execution of an amendment to this Agreement.
Such agreement shall be confirmed by letter from the Department accepting, or if necessary,
modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial
disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion,
failure to receive timely necessary third party approvals through no fault of the Grantee, and any
other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably
within the control of the Grantee and/or the Department. The Grantee is responsible for the
performance of all services issued under this Agreement. Failure to perform by the Grantee's
consultant(s) or subcontractor(s) shall not constitute a force majeure event,
10. REMEDIES/FINANCIAL CONSEQUENCES:
A. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event
that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re- perform the
services needed for submittal of a satisfactory deliverable, at no additional cost to the Department,
within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory
deliverable is not submitted within the specified timeframe, the Department may in its sole
discretion, either 1) terminate this Agreement for failure to perform, or 2) the Department Grant
Manager may, by letter specifying the failure of performance under this Agreement, request that a
proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs
must be able to be impiemented and performed in no more than sixty (60) calendar days.
i. A CAP shall be submitted within ten (10) calendar days of the date of the letter request
from the Department. The CAP shall be sent to the Department Grant Manager for review
and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall
notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is
not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department
letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the
Department approval of a CAP as specified above shall result in the Department's
termination of this Agreement for cause as authorized in this Agreement.
ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have
ten (10) calendar days to commence implementation of the accepted plan. Acceptance of
the proposed CAP by the Department does not relieve the Grantee of any of its obligations
under the Agreement. In the event the CAP fails to correct or eliminate performance
deficiencies by Grantee, the 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 the Department or steps taken by the Grantee shall preclude the 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 the Department as requested by the, Department 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 the Department may result in termination
of the Agreement.
The remedies set forth above are not exclusive and the Department reserves the right to exercise
other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
DEP Agreement No. T1508, Page 8 of 19
Approved: 6 /13/16
B. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including
any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may
take one or more of the following actions, as appropriate for the circumstances.
i. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
ii. 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.
iii. Wholly or partly suspend or terminate this Agreement.
iv. Withhold further awards for the project or program.
v. Take other remedies that may be legally available.
vi. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension
or after termination of the Agreement are not allowable unless the Department expressly
authorizes them in the notice of suspension or termination. Other Grantee costs during
suspension or after termination which are necessary and not reasonably avoidable are
allowable if the following apply.
a. The costs result from obligations which were properly incurred by the recipient
before the effective date of suspension or termination, are not in anticipation of it,
and in the case of termination, are noncancellable.
b. The cost would be allowable if the Agreement were not suspended or expired
normally at the end of the funding period in which the termination takes place.
C. If the Grantee materially fails to comply with the terms stated in this Agreement or Chapter 62S-2,
F.A•C., the Department shall terminate this Agreement and demand return of the program funds
(including interest). If the Grantee, fails to comply with this provision, 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).
The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689 issued by the President of the United States.
11. RECORD KEEPING /AUDIT:
A. 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 United States Department of Transportation (US. DOT), the
FHWA, U.S. DOT Office of Inspector General, the Comptroller General of the United States, the
Department of Environmental Protection, 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 Agreement completion. In the event any work is subgranted or subcontracted, the Grantee
shall similarly require each subgrantee and subcontractor to maintain and allow access to such
records for audit purposes.
B. The Grantee agrees that if any litigation, claim, or audit commences before the expiration of the
record retention period established above, the records shall be retained until all litigation, claims or
audit findings involving the records have been resolved and final action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five (5)
years following final disposition.
DEP Agreement No. T1508, Page 9 of 19
Approved: 6/13/16
D. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement, in writing, on its subcontractors.
E. The rights of access in this paragraph are not limited to the required retention period but last as long
as the records are retained.
12. SPECIAL AUDIT REOUIREMENTS:
A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment C, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment C summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment C. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at
(850) 245 -2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment C, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under 2 CFR §200330 for determining whether the relationship represents that
of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled
"Checklist for Nonstate Organizations RecipientlSubrecipient vs Vendor Determination" (form
number DFS- A2 -NS) that can be found under the "Links/Forms" section appearing at the following
website:
https: \\apos.fldfs.com \fsaa
C. For federal financial assistance, if the Grantee is a For -Profit entity then it is exempt from the
Federal Single Audit Act provisions contained in Attachment C, Special Audit Requirements,
pursuant to 2 CFR §200.501(h). For state financial assistance, if the Grantee is one of the following
entities: a district school board, charter school, Florida College System Institution (including a
community college), public university, government outside of Florida, or a Federal agency, then it
is exempt from the Florida Single Audit Act provisions contained in Attachment C, Special Audit
Requirements, per Section 215.97, F.S., Florida Single Audit Act.
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
13. SUBCONTRACTS:
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 paragraph 3.E.
of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed
subcontract to the Department within ten (10) calendar days after execution of the subcontract.
Regardless of any subcontract, the Grantee is ultimately responsible for all work to be perfonned
under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements
included in any subcontract and agrees to be responsible for the payment of all monies due under
any subcontract, It is understood and agreed by the Grantee that the Department shall not be liable
to any subcontractor for any expenses or liabilities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
DEP Agreement No. T1508, Page 10 of 19
Approved: 6/13/16
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 of Florida. 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.
C. The Grantee agrees to comply with the procurement requirements contained in 23 CFR § 172.5 for
its selection of subcontractors.
14. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which
50 percent or more of the cost will be paid from state - appropriated funds which have been
appropriated at the time of the competitive solicitation, a state, college, county, municipality, school
district, or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon:
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction;
ii. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction; or
The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county,
municipality, school district, or other political subdivision of the state shall disclose in the
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
15. 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.
16. LOBBYING PROHIBITION:
A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on
behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
13. If this Agreement is for more than $100,000 and if any funds other than Federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the Grantee shall complete and submit Attachment D, Standard Form-
LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof, if applicable),
in accordance with the instructions. If this Agreement is for less than $100,000, this Attachment
shall not be required and shall be intentionally excluded from this Agreement.
DEP Agreement No. T1508, Page 11 of 19
Approved: 6/13/16
C. The Grantee shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients certify accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
E. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of
the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless
such organization warrants that it does not, and will not, engage in lobbying activities prohibited by
the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant
to approved revolving loan programs or to contracts awarded using proper procurement procedures.
F. In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a
state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries,
travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive,
judicial, or quasi-judicial department shall be used by any state employee or other person for
lobbying purposes.
17. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal, state and local rules and regulations in performing
under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to,
compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
18. NOTICE:
All notices and written communication between the parties shall be sent 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. Any and all notices required by this Agreement shall be delivered to
the parties at the addresses identified under paragraph 19.
19. CONTACTS;
The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at
the time of execution for this Agreement is:
Pamela Lister or Successor
Community Assistance Consultant
Florida Department of Environmental Protection
Office of Operations
Land and Recreation Grants Section
3900 Commonwealth Boulevard, MS# 585
Tallahassee, Florida 32399
Telephone No.:
(850) 245 -2065
Fax No.:
N/A
E -mail Address:
Pamela.ListerP,dep.state.fl.us
The Grantee's Grant Manager at the time of execution for this Agreement is:
DEP Agreement No. T1508, Page 12 of 19
Approved: 6/13/16
Felicia Leonard or Successor
Administrative Manager,
City of Clearwater
100 South Myrtle Avenue, PO Box 4748
Clearwater, Florida 33756
Telephone No.:
(727) 562 -4852
Fax No.:
(720) 562 -4825
Felicia .leonardgmyclearwater.com
E -mail Address:
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with
acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to paragraph 3.B should include the updated Grant Manager information.
20. INSURANCE:
A. Providing and maintaining adequate insurance coverage is amaterial obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is performed by the Grantee, any sub- grantee,
or Grantee's contractors. Such insurance shall include the State of Florida, the Department, and the
State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds
for the entire length of the Agreement.
B. Coverage may be by private insurance or self - insurance. The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to performance of any work
pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or
eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall
contain a provision that the insurance will not be canceled for any reason except after thirty (30)
calendar days' written notice (with the exception of non- payment of premium, which requires a 10-
calendar -day notice) to the Department's Grant Manager. If the Grantee is self- funded for any
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self - funded for said insurance, appropriate and allowable under Florida law, and that such
self- insurance offers protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement, unless such sub
grant or subcontractor employees are covered by the protection afforded by the Grantee.
i. Workers' Compensation Insurance is required for all employees connected with the work
of this project. Any self - insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide proof of adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
ii. Commercial General Liability insurance is required, including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability insurance is required, for all claims which may arise
from the services and/or operations under this Agreement, whether such services and/or
DEP Agreement No. T1508, Page 13 of 19
Approved: 6/13/16
operations are by the Grantee or any of its contractors. The minimum limits of liability
shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company -
Owned Vehicles, if applicable
$300,000 Hired and Non-owned Automobile Liability Coverage
iv. Other Insurance may be required if any work proceeds over or adjacent to water, including
but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of
applicable rider to worker's compensation insurance, and any necessary watercraft
insurance, with limits of not less than $300,000 each. Questions concerning required
coverage should be directed to the U.S. Department of Labor
( http:// www. dol .govlowcp /dlhwc /lscontac.htm) or to the parties' insurance carrier.
21. 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. As required by 2 CFR §200.112, the
FHWA has established a Conflict of Interest (COI) policy for disclosure of conflicts of interests that may
affect FHWA financial assistance awards. The COI policy is available at the following website and is
applicable to individuals and non - Federal entities requesting and receiving FHWA financial assistance on or
after December 26, 2014: http: / /www.ihwa. dot: goy/ aaa/generaltenmsconditions.efm.
22. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized, aliens by any Grantee /subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation adds Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
23. EOUIPMENT:
Reimbursement for equipment purchases are not authorized under this Agreement.
24. DUALITY ASSURANCE REOUIREMENTS:
Projects receiving federal funding must comply with the National Environmental Policy Act (NEPA), which
provides a framework for environmental analyses, reviews, and consultations. NEPA's process "umbrella"
covers a project's compliance with all pertinent federal environmental laws. 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 NEPA standards as more fully
implemented pursuant to subsection 62S -2.074 (1), F.A.C.
25. DISCRIMINATION:
A. 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. In accordance with FHWA
requirements (49 CFR §26.13), the Grantee, subrecipient or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this Agreement. The Grantee
shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -
assisted contracts. Failure by the Grantee to carry out these requirements is a material breach of this
DEP Agreement No. T1508, Page 14 of 19
Approved: 6/13/16
Agreement, which may result in the termination of this Agreement or such other remedy as the
recipient deems appropriate, which may include, but is not limited to:
i. Withholding monthly progress payments;
ii. Assessing sanctions;
fu. Liquidated damages; and/or
iv. Disqualifying the Grantee from future bidding as non - responsible.
B. Facilities or programs funded in whole or in part by RIP funds shall be made available to the general
public of of the member counties on a non - exclusive basis without regard to race, color, religion,
age, sex or similar condition.
C. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section
287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not
award or perform work as a contractor, supplier, subcontractor, or consultant under contract with
any public entity, and may not transact business with any public entity. 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.
D. Grantee agrees to comply with the Americans With Disabilities Act (42 USC § 12101, et seq.),
where applicable, which prohibits discrimination by public and private entities on the basis of
disability in the areas of employment, public accommodations, transportation, State and local
government services, and in telecommunications.
E. Grantee must identify any products that may be used or adapted for use by visually, hearing,
or other physically impaired individuals.
26. LAND ACOUISITION ::
Land acquisition is not authorized under the terms of this Agreement.
27. DEBARMENT/SUSPENSION:
In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 180 and 1200), issued by the
President of the United States, the Grantee agrees and certifies that neither it, nor its principals, is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency; and that the Grantee shall not knowingly enter into
any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended
from participating in this covered transaction, unless authorized in writing by FHWA to the Department. The
Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to
support the Grantee's work under this Agreement.
28. COPYRIGHT. PATENT AND TRADEMARK:
A. The FHWA and the Department, reserve a royalty-free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use for federal and state government
purposes:
DEP Agreement No. T1508, Page 15 of 19
Approved: 6/13/16
i. The copyright in any work developed under a grant, subgrant, or contract under a grant or
subgrant.
ii. Any right or copyright to which a grantee, subgrantee, or a contractor purchases ownership
with grant support.
iii. All patent rights, copyrights and data rights must be in accordance with 37 CFR Part 401
and 35 U.S.C. §200 -12, as applicable.
An acknowledgement of FHWA support and a disclaimer must appear in any publication of any
material whether copyrighted or not, based on or developed under the Agreement, in the following
terms:
"This material is based upon work supported by the Federal Highway Administration under
Agreement No. RECT015. a
All materials must also contain the following:
"Any opinion, findings, and conclusions or recommendations expressed in this publication
are those of the author(s) and do not necessarily reflect the view of the Federal Highway
Administration."
29. CONTRACT PROVISIONS AND REGULATIONS:
The Grantee agrees to comply with, and include in subcontracts and subgrants, the provisions contained in
both Attachment E, Federal Contract Provisions, and Attachment F, Required Contract Provisions,
FHWA-1273, both attached hereto and made a part hereof In addition, the Grantee acknowledges that the
applicable regulations listed in Attachment G, Regulations, attached hereto and made a part hereof, shall
apply to this Agreement.
30. PHYSICAL ACCESS AND INSPECTION:
As applicable, Department personnel shall be given access to and may observe and inspect work being
performed under this Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and
C. 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.
31. PUBLIC RECORDS ACCESS:
A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the
Department to perform the services under this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either
provide to the Department upon request, or to allow inspection and copying of all public records
made or received by the Grantee in conjunction with this Agreement and subject to disclosure under
Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.
DEP Agreement No. T1508, Page 16 of 19
Approved: 6/13/16
C. If Grantee meets the defmition of "Contractor" found in Section 119.0701(1)(a), F.S.; [Le., an
individual, partnership, corporation, or business entity that enters into a contract for services with a
public agency and is acting on behalf of the public agency], then the following requirements apply:
i. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department. If the Department
does not possess the requested records, the Department shall immediately notify the
Grantee of the request, and the Grantee must provide the records to the Department or
allow the records to be inspected or copied within a reasonable time. If Grantee fails to
provide the public records to the Department within a reasonable time, the Grantee may be
subject to penalties under s. 119.10, F.S.
ii. Upon request from the Department's custodian of public records, Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
iii. Grantee shall identify and ensure that all 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 Agreement term and following completion of the Agreement
if the Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by
the Department to perform the services under this Agreement. If the Grantee transfers all
public records to the Department upon completion of the Agreement, the Grantee shall
destroy any duplicate public records that are exempt or confidential and exempt from
public disclosure requirements. If the Grantee keeps and maintains public records upon
completion of the Agreement, the Grantee shall meet all applicable requirements for
retaining public records. All records that are stored electronically must be provided to
Department, upon request from the Department's custodian of public records, in a format
that is accessible by and compatible with the information technology systems of
Department.
D. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245 -2118, by email at
olnbudsman@a dep.state.fl.us. or at the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
DEP Agreement No. T1508, Page 17 of 19
Approved: 6/13/16
32. SCRUTINIZED COMPANIES:
In executing this Agreement, the Grantee (or affiliate, subcontractor) certifies that it is not listed on the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, and/or Scrutinized Companies with Activities in Israel List (eff. 10.12016),
created pursuant to section 215.473, F.S. Pursuant to subsection 287.135(5), F.S., the Grantee (or affiliate,
subcontractor) agrees the Department may immediately terminate this Agreement for cause if the Grantee
(or affiliate, subcontractor) is found to have submitted a false certification or if the Grantee (or affiliate,
subcontractor) is placed on the Scrutinized Companies list during the term of the Agreement.
33. EXECUTION IN COUNTERPARTS:
This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more
counterparts, each of which together shall be deemed an original, but all of which together shall constitute
one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-
mail delivery of a ".pdr format data file, such signature shall create a valid and binding obligation of the
party executing (or on whose behalf such signature is executed) with the same force and effect as if such
facsimile or ".pdf :signature page were an original thereof.
34. SEVERABILITY CLAUSE:
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any
action hereon or in connection herewith shall be brought in Leon County, Florida.
35. ENTIRE AGREEMENT:
This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
DEP Agreement No. T1508, Page 18 of 19
Approved: 6/13/16
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTI#CTION
By:
By:
Signature of Person Authorized to Sign Secretary d ignee
{YS GTD v -
Print Name and Title Print Name and Title
Date: Date: 1v - Za - /L
Address:
Attest:
By:
Grantee Attorney
FEID No.: 59- 6000289
Approved as to form and legality:
For Agreements with governmental boards/ commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement.
List of attachments/exhibits included aspart of this Agreement:
Specify Letter/
Type Number Description
Attachment A Project Work Plan (2 Pages)
Attachment B Contract Payment Requirements (I Page)
Attachment B Special Audit Requirements (5 Pates)
Attachment D Disclosure of Lobbving Activities (2 Pages}
Attachment E Federal Contract Provisions (7 Pages)
Attachment F Required Contract Provisions, FHWA -1273 (12 Pages)
Attachment Regulations (I Page)
DEP Agreement No. T1508, Page 19 of 19
Approved: 6/13/16
City Signature Page
DEP Agreement No. T1508
State of Florida
Department of Environmental Protection
Recreational Trails Program
Agreement for Fiscal Year 2016 -2017
Ream Wilson Trail Bridge
Countersigned:
C(W(CQ (VY R.V.4
CITY OF CLEARWATER, FLORIDA
By:
George N. Cretekos William B. Horne, II
Mayor
Approved as to form: Attest:
Ma hew M.
ith
Assistant City Attorney
City Manager
* '' -kiN.Q'LL 2..2.
Rosemarie Call
City Clerk
ATTAC.Ei_WI A
PROJECT WORK PLAN
RECREATIONAL TRAILS PROGRAM (RTP)
Project Name: Ream Wilson Trail Bridge
Grantee Name: City of Clearwater
RTP Project # TI5008
SUMMARY: The Grantee shall complete the Project Element(s), which were approved by the Department through the RTP Application Evaluation Criteria, pursuant to Florida
Administrative Code (F.A.C.), Chapter 62S -2 and the FHWA Recreational Trails Program Interim Guidance Manual. All work must be completed in accordance with local, state
and federal laws, the approved Project plans, all required permits, the Florida Building Code and, as applicable, the Manual of Uniform Minimum Standards for Design, Construction
and Maintenance for Streets and Highways ( "Florida Greenbook "). Prior to issuance of a Notice to Proceed, the Department must receive evidence of and have approved all
Deliverables in Task 1.
The Project is designated complete by the Department upon receipt and approval of all deliverables and when project site is open and available for use by the public for outdoor
recreation purpose. Ten percent (10%) of the payment request will be retained until the Project is designated complete by the Department. The final payment of the retained 10%
will be processed within 30 days of the Project designated complete by the Department.
For the purpose of this Agreement, the terms "Project Element" and "Project Task" are used interchangeably to mean an identified facility within the Project.
The project is located at 651 N Old Coachman Road, Clearwater, FL and is a Nonmotorized / Diverse project.
Budget: Reimbursement for allowable costs for the Project shall not exceed the maximum grant award amount outlined below. Required match will be provided by cash or in -kind
services and shall be supported by the same level of detail for match as for reimbursement. The total estimated project cost provided below is based on the approved RTP Application.
A detailed project budget will be provided in the Deliverables for Task 1, prior to the Department providing the Notice to Proceed. All fmat project costs shall be submitted to the
Department with the payment request.
Maximum Grant Award Amount:
5104,637
Required Grantee Match Amount:
$104,638
Total estimated Project Cost:
$209,275
Match Ratio:
50 :50
Scope of Work/Tasks within Deliverable
TASK 1
I a. Development of Site Plan
lb. Completion of Project Development and
Environmental Survey (PD &E)
1 c. Completion of Permitting
DELIVERABLE 1
The Grantee will be given Notice to Proceed upon receipt and
approval of
• All applicable project specific Commencement
documentation, Form OGT -112'
• Schedule of Values Form, with supporting Bid
Documents and/or in -House Cost Schedule(s)
Due Date
Financial Consequences
180 Days after
Execution of
Agreement'
The Department shall terminate the
project agreement if the required
deliverables are not submitted and
approved by the Department.
DEP Agreement No. TI 508 Attachment A, Page 1 of 2
Template Approved 5-31-16, Revised 7/12/16
1 d. Completion of Construction Bid Process
and/or In -House Cost Schedule(s)
1e. Certified Survey and Legal Description of
Project Site
TASK 2
Project planning expenses, such as application preparation,
architectural and engineering fees, permitting fees, project
inspection, and other similar fees are eligible for
reimbursement. However, reimbursement, if requested, shall
not to exceed 15% of total project cost, and shall be invoiced
upon Project completion, in accordance with the Payment
Request Schedule.
100% engineering, design, and construction of one
new 12 -foot -wide by 100 ( +1- 10 %) linear feet
steel truss bridge with asphalt approaches and
pedestrian railing, including removal of exisiting
bridge and site preparation.
DELIVERABLE 2
Upon receipt and approval of:
• All applicable project specific Completion
documentation, Form OGr 13
• Final status report
The Grantee may request reimbursement for allowable
budgeted expenses and costs pursuant to Paragraph 3.A. of the
Agreement that are directly related to the successful
completion of construction and/or development of the Project
Site. Reimbursement shall not exceed the Grant Award
Amount, less any reimbursement requested for Deliverable 1,
and shall be invoiced upon Project completion, in accordance
with the Payment Request Schedule. Ten percent (10 %) of the
payment request will be retained until the Project is designated
complete by the Department.
Due 60 days prior
to the expiration
of this
Agreement.
Failure to perform any percentage of this
deliverable will result in a reduction in
reimbursement of an equal percentage of
the total deliverable amount and subject
to the match percentage.
Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables to verify compliance with the
requirements for funding under the Recreation Trails Program (RTP); approved plans and application approved for funding. Upon review and written acceptance by the
Department's Grant Manager of the Project Completion Certification and the Deliverables, the Grantee may proceed with the payment request submittal.
Payment Request Schedule:
Following Department approval of all Project Deliverables, the Grantee may submit a single payment request on Payment Request Summary Form (DRP -115) along with
all required documentation, including DRP -116, DRP -117, DRP -118, DRP -120, and/or DRP -119, as applicable, to support payment. A payment request submitted as part
of the reimbursement process must correspond with the detailed budget and supporting documents provided under Task 1 The payment request must include documentation
regarding the match source, as required.
Endnotes:
1. RTP documentation is available at http:/ /www.dep.state.fl.us /gwt/grants/ and/or from the Office of Operations, Land and Recreational Grants Section, State of Florida
Department of Environmental Protection, 3900 Commonwealth Boulevard, M.S. 585, Tallahassee, Florida 32399 -3000.
2. Project Agreement is subject to termination if commencement documentations under Task 1 are not received and approved by the Department within 12 months of the
Project Agreement Execution.
3. This time period may be extended within the parameters of the RTP and/or FHWA federal guidelines, upon written request of Grantee and approval by the Department.
DEP Agreement No. T1508 Attachment A, Page 2 of 2
Template Approved 5- 31 -16, Revised 7/12/16
ATTACHMENT B
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
cheeks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries:
(2) Fringe Benefits:
(3) Travel:
(4) Other direct costs:
(5) In -house charges:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Govenunental entities are not required to provide check numbers or copies
of checks for fringe benefits.
Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the Claim on the approved State travel voucher or electronic
means.
Reimbursement will be made based on paid invoices / receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A- 1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http: f /www.fldfs.comfaad rtreference euide.htm
DEP 55-219 (05/2008)
DEP Agreement No. T1508, Attachment B, Page 1 of 1
ATTACHMENT C
SPECIAL AUDIT REQUIREMENTS
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 contract/agreement) to the recipient (which
may be referred to as the "Contractor ", Grantee" or other name in the contract/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" blow), 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 §200330
(for fiscal year start dates after December 26, 2014).
1. In the event that the recipient expends 5500,000 (5750,000 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 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 5500,000 (or 5750,000, 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 5500,000 (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).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
interne at www.cfda.eov
DEP Agreement No. TI508, Attachment C, Page 1 of 5
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.
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 fmancial 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 hops: / /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 /Wetcome/index.cfm, State of Florida's website at http://www.myflorida.comi,
Department of Financial Service? Website at http : / /www.fldfs.com/ and the Auditor General's Website at
http: / /www.state.fl.us/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 (i.e., the audit is not required by Federal or State laws
and is not in conflzct 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:
DEP Agreement No. T1508, Attachment C, Page 2 of 5
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 (dXI) 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://harvestencensus.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.
Pursuant to Section .320(t), 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-1 33, 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:
FDEPSingleAudita,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
DEP Agreement No. T1508, Attachment C, Page 3 of 5
Electronically:
FDEPSingleAudit(aidep.state. fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399 -1450
4. Copies of reports or management letters required by PART III 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 teams of Agreement for a period
of S 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 3 years from the date the audit report is issued,
unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. T1508, Attachment C, Page 4 of 5
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
State Resources
Federal Resources
Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
Original
Agreement
U.S. Department of
Transportation — Federal
Highway Administration
20.219
Recreational Trails Program
$104,637
1410185
State Resources
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources
for Federal Programs:
Funding Amount
State
Appropriation
Category
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
State
Appropriation
Category
State Resources
Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Total Award $104,637
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www.cfda.gov] arid/or the Florida Catalog of State Financial Assistance (CSFA) [https : // apps. fldfs .com /fsaa/searchCatalog.aspx]. The services/purposes for
which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No. TI 508, Attachment C, Page 5 of 5
ATTACHMENT U
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
Approved by OMB
0348 -0046
1 Type
of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status
of
Federal Action:
a. bid/offerfapplication
b. initial award
c. post -award
3.
Report
Type:
a. initial filing
b. material change
Material Change Only:
year quarter
For
date of last
report
4. Name and Address of Reporting
Entity:
if known:
: 4c
5. If Reporting Entity in No 4 is a Subawardee, Enter Name
and Address of Prime:
Congressional District, if known :
•
Prime • Subawardee
Congressional
Tier
District, if known
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable
8. Federal Action Number, if known :
9. Award Amount, if known :
$
10. a. Name and Address of Lobbying Registrant
( if individual, last name, first name, MI):
b. individuals Performing Services (including address if
different from No. 10a )
(last name, first name, MI):
11. Information requested through this form is authorized byt de 31 u.s.c. section
1352. This disdos,ae of lobbying activities is a material repfemer ion Wad
Wort which reliance was placed by ths tier above when this transaction was made or
entered into. This disclosure is required pursued to 31 U.S.C. 1352. This information
wl be available for public inspection. My person who tads to file the required
disclosure shall be subject to a civil penalty on not less than 310,000 and not more
than $100,000 for each such failure.
Signature.
i
Print Name:
Title:
Telephone No Date
Federal Use Only:
Authorized for LocalReproducbon
Standard Form W. (Rev.7.97)
DEP Agreement No. T1508, Attachment D, Page 1 of2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal
action, ora material change to a previous filing, pursuant to tide 31 U.S.C. section 1352. The filing of a form is required for each payment oragreementto make
payment to any lobbying entity for influencing or attempting to affluence an officer or employeeof any agency, a Member of Congress, an officer or employeeof
Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Completeall items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriatedassification of this report. If this is a fodowup report caused by a material change to the information previously reported, enter
the year and quarter in which the change occurred. Enter the date of the bast previously submitted report by this reporting entity/or this covered Federal
action.
4. Enter the fuN name. address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriatedassification
of the reportingentity that designatesif it is or expects to be a prime or subaward recipient Identify the tier of the subawardee, e.g., the first subawardee
of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks " Subawardee," then enter the full name, address, city, State and zip code of the prime Federal
recipient. include Congressional District, if known.
6. Enter the name of the Federafagencymalting the award or loan commitment. Include at least one organizationallevel below agency name, if known. For
example, Department of Transportation, Un'ded States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, bans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number.
Invitation for Bid (IFS) number, grant announcement number, the contract grant, or loan award number the application/proposal control number
assigned by the Federal agency). Include prefaces, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No 0348 -0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send cornrnents regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348- 0046), Washington,
DC 20503.
DEP Agreement No. T1508, Attachment D, Page 2 oft
ATTACHMENT E
Federal Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. 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. Sections 200 through212. Pursuant to the
Bayh -Dole Act (set forth in 35 U.S.C. §200 through212), Federal Highway Administration (FHWA)
retains the right to a worldwide, nonexclusive, nontransferable , irrevocable, paid -up license to
practice the invention owned by the assistance agreement holder, as defined in the Act. To
streamline the invention reporting process and to facilitate compliance with the Bayh -Dote Act, the
recipient must utilize the Interagency Edison extramural invention reporting system at
http /iEdison.gov. Annual utilization reports must be submitted through the system. The recipient
is required to notify the Project Officer identified on the award document when an invention report,
patent report, or utilization report is filed at http: / /iEdison.gov. FHWA elects not to require the
recipient to provide a report prior to the close -out of a funding agreement listing all subject
inventions or stating that there were none.
In accordance with Executive Order 12591, as amended, government owned and operated
laboratories can enter into cooperative research and development agreements with other federal
laboratories, state and local governments, universities, and the private sector, and license, assign, or
waive rights to intellectual property "developed by the laboratory either under such cooperative
research or development agreements and from within individual laboratories."
2. Copyrighted Material and Data - In accordance with 2 CFR §200.315 and 23 CFR §420.121,
FHWA has the right to reproduce, publish, use and authorize others to reproduce, publish and use
copyrighted works or other data developed under this assistance agreement for Federal purposes.
The Contractor may retain the entire right, title, and interest throughout the world to each subject
invention subject to the provisions of this clause and 35 U.S.C. 203. With respect to any subject
invention in which the Contractor retains title, the Federal government shall have a nonexclusive,
nontransferable, irrevocable, paid -up license to practice or have practiced for or on behalf of the
United States the subject invention throughout the world (37 CFR §401.14).
3. Clean Air Act (42 U.S.0 7401 et seq.), Clean Water Act (33 U.S.C. 1368), E.4. 11738, the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) and Environmental
Protection Agency Standards - Contracts and subgrants of amounts in excess of $150,000 shall
contain a provision that requires the recipient to agree to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Clean Water Act (33
U.S.C. 1368), E.O. 11738, the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et
seq.), and Environmental Protection Agency regulations (40 CFR Part 15). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
4. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h -3(e)) - Contracts and subgrants
of amounts in excess of $ 100,000 shall contain a provision that requires the recipient to agree to
comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe
Drinking Water Act (42 U.S.C. 300h- 3(e)). Violations shall be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
5. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination
on the basis of sex, race, color, and national origin, including E.O. 12898 `Federal Actions to
Address Environmental Justice in Minority Populations and Low- Income Populations" and E0
13166 "Improving Access to Services for Person with Limited English Proficiency (LEP)' ; (b)
DEP Agreement No. T1508 Attachment E, Page 1 of 7
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.G. 795), which prohibits
discrimination against persons with disabilities; (c) the Age Discrimination Act of 1975, as amended
(42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (P.L. 91- 616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; (h) if an education program
is conducted under this agreement, Title IX of the Education Amendments of 1972, which prohibits
discrimination on the basis of sex in education programs and activities; (i) any other
nondiscrimination provisions in the specific statute(s) made; and, (j) the requirements of any other
nondiscrimination statute(s) that may apply;
6. Compliance with Title VI of the Civil Rights Act —The United States Department of Justice under
Executive Order 12250 ( "Leadership and Coordination of Nondiscrimination Laws ") has been
directed to ensure the consistent and effective implementation of Title VI and other
Nondiscrimination requirements (including Environmental Justice and Limited English
Proficiency) by prohibiting discriminatory practices in Federal programs and programs receiving
federal financial assistance. Under the USDOJ's Civil Rights Division, the Federal Compliance
and Coordination Section (FCS) is responsible for providing assistance and oversight to the Civil
Rights Offices of federal Agencies. The USDOJ's FCS has the following responsibilities:
Development of Documents; Offer two -day Title VI Training Course; Provide Technical
Assistance; Exercises Clearance Authority (review and clear certain federal agency documents);
Referrals for Litigation; Reviews Implementation Plans; Coordination and Clearinghouse. Upon
request, FHWA submits EO 12250 Reports detailing statistical data from Title VI/EJ/LEP and
Section 504 /ADA Programs regarding such topics as Complaints, Pre- & Post- Awards, Technical
Assistance, Training, and Compliance/Monitoring Efforts.
7. Electronic and Information Technology Accessibility — Recipients are subject to the program
accessibility provisions of Sections 504 and 508 of the Rehabilitation Act, codified in 40 CFR §7,
which included an obligation to provide individuals with disabilities reasonable accommodations
and an equal and effective opportunity to benefit from or participate in a program, including those
offered through electronic and information technology ( "EIT"). Section 508 of the Rehabilitation
Act states that all electronic products produced by Government agencies must be accessible to
persons with disabilities, including those persons with vision, hearing, cognitive, and mobility
impairments. The Paper Reduction Act and FHWA require that printed publications must be
available in electronic format; final printed documents must provide minimum 508 Compliance
requirements. Section 508 affects all communication products published by FHWA in print or
electronic format. All FHWA publications must conform to the requirements outlined in Section
508 of the Rehabilitation Act and the U.S. General Services Administration (GSA) Federal IT
Accessibility ,Initiative (www.section508.aov). All electronic documents prepared under this
Agreement must meet the requirements of Section 508 of the Rehabilitation Act of 1973, as
amended. See www .access- board.gov /508.htm for more information about Section 508 guidelines.
This information should be attached to all statement of work and contracts for preparing
publications, web sites, multimedia presentation, and other electronic communication products.
While Section 508 currently does not apply to one -time purchases of $2,500 or less, compliance
with applicable accessibility standards is strongly encouraged.
8. Tangible Personal Property - Pursuant to 2 CFR 200.312 and 200.314, property reports, if
applicable, are required for Federally -owned property in the custody of anon- Federal entity upon
completion of the Federal award or when the property is no longer needed. Additionally, upon
termination or completion of project, residual unused supplies with a total aggregate fair market
value exceeding $5,000 not needed for any other Federally- sponsored programs or projects must be
reported. For Superfund awards under Subpart 0, refer to 40 CFR 35.6340 and 35.6660 for property
reporting requirements. Recipients should utilize the Tangible Personal Property Report form series
(SF -428) to report tangible personal property.
DEP Agreement No. T1508 Attachment E. Page 2 of 7
9. Hotel -Motel Fire Safety - Pursuant to 15 USC 2225a, the recipient agrees to ensure that all space
for conferences, meetings, conventions or training seminars funded in whole or in part with federal
funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act
(PL 101.391, as amended).
10. Drug -Free Workplace - Recipients organization of Department of Transportation (DOT), FHWA
assistance must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to
the specific requirements set forth in Title 49 CFR Part 32 Subpart B. 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.
11. Resource Conservation and Recovery Act (RCRA) - Consistent with goals of section 6002 of
RCRA (42 U.S.C. 6962), State and local institutions of higher education, hospitals and non - profit
organization recipients agree to give preference in procurement programs to the purchase of specific
products containing recycled materials, as identified in 40 CFR Part 247.
Consistent with section 6002 of RCRA (42 U.S.C. 6962) and 2 CFR 200.322, State agencies or
agencies of a political subdivision of a State and its contractors are required to purchase certain
items made from recycled materials, as identified in 40 CFR Part 247, when the purchase price
exceeds $ 10,000 during the course of a fiscal year or where the quantity of such items acquired in
the course of the preceding fiscal year was 510,000 or more. Pursuant to 40 CFR 247.2 (d), the
recipient may decide not to procure such items if they are not reasonably available in a reasonable
period of time; fail to meet reasonable performance standards; or are only available at an
unreasonable price.
12. Compliance with 23 U.S.C. 112(a) which directs the Secretary of Transportation to require
recipients of highway construction grants to use bidding methods that are "effective in securing
competition." Detailed construction contracting procedures are contained in 23 CFR Part 635,
Subpart A.
13. Compliance with Section 3(a)(2XC) of the Urban Mass Transportation Act of 1964, as
amended (P.L. 88 -365), prohibiting the use of grant or loan funds to support procurements utilizing
exclusionary methods.
14. Compliance with Section 105(f) of the Surface Transportation Assistance Act of 1982, Section
106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49
CFR Part 28 imposing requirements for the participation of disadvantaged business enterprises.
15. Section 308 of the Surface Transportation Assistance Act of 1982 and 49 U.S.C. 1068(bX2),
authorizes the use of competitive negotiation for the purchase of rolling stock as appropriate. 23
U.S.C'. 112(b) provides for an exemption to the competitive bidding requirements for highway
construction contracts in an emergency situation.
16. 23 U.S.C. 112 requires concurrence by the Secretary of Transportation before highway construction
contract can be awarded, except for projects authorized under the provisions of 23 U.S.C. 171.
17. 23 U.S.C. 112(e) requires standardized contract clauses concerning site conditions, suspension or
work, and material changes in the scope of the work for highway construction contracts.
18. 23 U.S.C. 140(b) authorizes the preferential employment of Indians on Indian Reservation road
projects and contracts.
19. Compliance with 49 CFR §18.36(t) - Federal Highway Administration (FHWA) Urban Mass
Transportation Administration (UMTA), and the Federal Aviation Administration (FAA) grantees
and subgrantees shall extend the use of qualifications -based (e.g., architectural and engineering
services) contract collection procedures to certain other related areas and shall award such contracts
in the same manner as Federal contracts for architectural and engineering services are negotiated
under Title IX of the Federal Property and Administrative Services Act of 1949, or equivalent State
(or airport sponsor for FAA) qualifications -based requirements. For FHWA and UMTA programs,
this provision applies except to the extent that a State adopts or has adopted by statute a formal
procedure for the procurement of such services.
DEP Agreement No. T1508 Attachment E, Page 3 of 7
20. American Iron and Steel (Compliance with P.L. 113 -76) — The Consolidated Appropriations
Act of 2014 (Public Law 113 -76) includes an American Iron and Steel (AIS) requirement. `Buy
America" provisions apply to steel and iron used in a "Federal -aid highway construction project ".
Based on the definitions of "construction" in 23 U.S.C. §101 ("all expenses incidental to the
construction or reconstruction of a highway "...) and "project" ( "an undertaking "), the Buy America
provisions will not apply to most RTP projects. Except for the following: (a) if a trail project uses
steel I -beams for a bridge, "Buy America" might apply, but there is a threshold exemption — 0.1
percent of the contract or $2,500, whichever is greater (23 CFR §635.410(bx4); (b)trail grooming
and maintenance equipment are not included in the "Buy America" requirement, because trail
equipment is not a "construction project" and is not permanently incorporated into the final project;
and (c) trail signs might be considered part of a project but the costs for the signs would have to
exceed the $2,500 threshold.
21. Section 165 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. 1601), Section 337
of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR
Parts 660 and 661 impose "Buy America" provisions on the procurement of foreign products and
materials.
22. Fly America Act (Compliance with 49 U.S.C. 40118) — includes air travel and cargo transportation
services requirements. All air travel and cargo transportation services funded with Federal financial
assistance are required to use United States flag carrier airlines. The only exception to this
requirement is transportation provided under a bilateral or multilateral air transport agreement, to
which the U.S. Government and the government of a foreign country are parties, and which the
Department of Transportation has determined meet the requirements of the Fly America Act.
23. Compliance with 46 U.S.C. 1241(bX1) and 46 CFR Part 381 — imposes cargo preference .
requirements on the shipment of foreign made goods.
24. Compliance, if applicable, with 23 U.S.C. 114(b) — Convict Labor and Convict Produced
Materials) Federal taw prohibits the use of convict labor for construction projects within the right-
of-way of Federal -aid highway. Under title 23, all public roads are "Federal -aid highways ", except
those that are functionally classified as local roads or rural minor collectors. Therefore, if an RTP
project is within the right -of -way of a Federal -aid highway, convict labor shall not be used. Ilan
RTP project is not within the right -of -way of a Federal -aid highway, then 23 U.S.C. 114 (b) does
not apply, and the State may use its State procedures with regard to convict tabor. RTP funds may
be used to pay for construction costs incurred by convict labor for projects which are not within the
right -of -way of a Federal highway. In determining the value of convict labor, States should note
that the value of paid labor may not exceed the actual cost incurred by the State of local government
agency. Convict labor is not volunteer labor or donated labor (which may be valued at fair market
value).
25. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) that 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.
26. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 -1508 and 7324 — 7328) that
limit the political activities of employees whose principal employment activities are funded in whole
or in part with Federal funds.
27. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) that requires recipients in a special flood
hazard area to participate in the program and to purchase flood insurance if the total cost of insurable
construction and acquisition is $10,000 or more.
28. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act
of 1969 (P.L. 91 -190) and Executive Order 11514; (b) notification of violating facilities pursuant to
E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in
DEP Agreement No. T1508 Attachment E, Page 4 of 7
floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C.
1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended
(P.L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as
amended (P.L. 93 -205); (i) protection of coastal barriers under the Coastal Barrier Resources Act of
1982 (P.L. 97- 348); (j) protection and conservation of wildlife resources under the Fish and Wildlife
Coordination Act (16 U.S.0 661- 666c); (k) protection and conservation of migratory bird species
under the Migratory Board Treaty Act (16 U.S.C. 703 -712); (1) protection and conservation of
fishery resources under the Magnuson Stevens Fisher Conservation and Management Act (16
U.S.C. 1801- 1882); (m) protection of chemical, physical, and biological integrity of the Nation's
waters under Section 404 of the Clean Water Act (33 U.S.C. § 1251 et seq. (1972)) (n) if applicable,
application of the requirements set forth under the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.); (o) implementation of measures to
minimize pollution impacts during project activities pursuant E.O. 12088, and (p) implementation
of guidelines to identify and address the effects of noise on public health under the Noise Control
Act of 1972, as amended (42 U.S.C. 4901 et sq.); (q) prevention of the spread of invasive plant
species under E.O. 13112; (r) protection of trail corridors and trail opportunities pursuant to EA.
13195; and, (s) preservation of farmland under the Farmland Protection Policy Act (7 CFR Part
658).
29. Compliance with E.O. 12898 related to the fair treatment and meaningful involvement of all people
regardless office, color, national origin or income with respect to the development, implementation,
and enforcement of environmental laws, regulations and policies.
30. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of national wild and scenic rivers system.
31. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
32. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
33. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warn blooded animals held
for research, teaching, or other activities supported by this Agreement.
34. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead -based paint in construction or rehabilitation of structures.
35. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
36. Compliance with Geospatiat Data Standards must be met by the Grantee under this Agreement.
All geospatial data created must be consistent with Federal Geographic Data Committee endorsed
standards. Information on these standards can be found at www.fgdc.gov.
37. Compliance with Nutrient Management for Animal Feeding Operations is required under
this Grant and must have and implement a nutrient management plan that 1) provides and maintains
buffers or equivalent practices; 2) diverts clean water; 3) prevents direct contact of confined animals
with waters of the United States; 4) addresses animal mortality, 5) addresses chemical disposal; 6)
addresses proper operation and maintenance; 7) addresses record keeping and testing; 8) maintains
proper storage capacity; and 9) addresses rate and timing of land application of manure and
wastewater.
38. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By accepting
fiends under this Agreement, the Grantee agrees to implement the requirements of (g) of section 106
of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g),
DEP Agreement No. T1 508 Attachment E, Page 5 of 7
39. Registrations and Identification Information, the Grantee agrees to maintain current registration
in the Central Contractor Registration (www.ccr.gov) System for Award Management (SAM) at all
times during which they have active project funded with these funds. A Dun and Bradstreet Data
Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for
registration in the Central Contractor Registration.
40. 41 USC §4712, Pilot Program for Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection: This requirement applies to all awards issued after July 1, 2013 and
shall be in effect until January 1, 2017.
(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
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 (Pl. 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.
41. Restrictions on Internal Confidentiality Agreements (U.& DOT, FHWA General Terms and
Conditions for Assistance Awards, Effective Date: March 6, 2015): The Recipient shall not
require employees or subrecipients to sign internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subrecipients from reporting waste, fraud, or
abuse to a designated investigative or law enforcement representative of a Federal department or
agency authorized to receive such information
42. Financial Assistance Policy to Ban Text Messaging While Driving (75 Federal Register 60266,
as amended and E.0.13513):
(a) Definitions. As used in this clause —
"Driving" — Means operating a motor vehicle on an active roadway with the motor running,
including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.
Does not include operating a motor vehicle with or without the motor naming when one has
pulled over to the side of or off, an active roadway and has halted in a location where one can
safely remain stationary.
"Text Messaging" — Means reading from or entering data into any handheld or other electronic
device, including for the purpose of short message service texting, e- mailing, instant messaging,
obtaining navigational information, or engaging in any form of electronic data retrieval or
electronic data communication. The teen does not include glancing at or listening to a
navigational device that is secured in a commercially designed holder of fixed to the vehicle,
provided that the destination and route are programmed into the device either before driving or
while stopped in a location off the roadway where it is safe and legal to park.
(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text
Messaging while Driving, dated October 1, 2009.
(c) The Applicant should —
i. Adopt and enforce policies that ban text messaging while driving — (i) Company -owned or
— rented vehicles or Government -owned vehicles; or (ii) Privately- owned vehicles when on
official Government business or when performing any work for or on behalf of the
Government.
DEP Agreement No. T1508 Attachment E, Page 6 of 7
ii. Conduct initiatives in a manner commensurate with the size of the business, such as — (i)
Establishment of new rules and programs or re- evaluation of existing programs to prohibit
text messaging while driving; and (ii) Education, awareness, and other outreach to
employees about the safety risks associated with texting while driving.
(d) Sub - agreements/sub- contracts. The Applicant shall insert the substance of this clause, including
this paragraph (d), in all sub- agreement /sub - contracts that exceed the micro - purchase threshold
($3,000 per 2 CFR §200.67, set by 48 CFR Subpart 2.1).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. T1508 Attachment E, Page 7 of 7
ATTACHMENT F
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
11. Nondiscrimination
111. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. lrr lementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Govemmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian LocalAccess
Road Contracts (included in Appalachian contracts only)
1. GENERAL
1. Form FHWA -1273 must be physically incorporated in each
construction contract funded under Tale 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this torn in each
subcontract and further require its inclusion in all lower tier
subcontracts ( excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA -1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or serviceprovider.
Form FHWA-1273 must be included in all Federal -aid design-
build contracts, in all subcontracts and in lower tier
subcontracts ( exduding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design - builder shall be responsible
for compliance by any subcontractor, lower- bersubcontractor
or service provider.
Contracting agencies may reference Form FHWA -1273 in bid
proposal or request for proposal documents, however, the
Form FHWA -1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or bysubcontract.
FHWA-1273 — Revised May 1, 2012
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment termination of the contract, suspension / debarment
or any other action detemmined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
0. NONDISCROAINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of 810,000 or more The
provisions of 23 CFR Part 230 are, not affable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625 -1627, Tide 23 USC Section 140, the
Rehabilitation Ad of 1973, as amended (29 USC 794), Ttle Vi
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(!) and for all contrition contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR60 -4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and, 29
CFR 1625 -1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations induding 49 CFR
Parts 21,26 and 27; and 23 CFR Parts 200, 230, and633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625 -1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to23
U.S.C. 140 shall constitute the EEO and specificaffir native
action standards for the contractor's project activities under
DEP Agreement No. T1508, Attachment F, Page 1 of 12
this contract. The provisions of the Americans with Disabilities
Act 011990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect toall
of its terms and conditions of employment and in their review
of activities under the contract
b. The contractor will accept as its operating policy the
following statement
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitrnentor
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
induding apprenticeship, pre - apprenticeship, and /or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
adtrnisiering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: AN members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, orwho
are substantially involved in such action, will be made fully
cognizant of and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment To ensure that the above
agreement will be met the folbwring actions will be as a
mi nknum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. AN new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. Ali personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer m the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless preluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor foremployment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets thecontractoes
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employeesto
refer minorities and women as applicants for employment
information and procedures with regard to referring such
applicants wilt be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor win
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues 01appeal,
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
DEP Agreement No. T1508, Attachment F, Page 2 of 12
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shah make full use of training programs, i.e.,
apprenticeship, and on -the -job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract;
this subparagraph w4I be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicantsfor
employment of available training programs and entrance
requirements for each.
d. The contractor will periodical* review the training and
promotion potential of employees who are minorities and
women and wR encourage eligible' employees to apply for
such training and promotion.
7. Unions: if the contractor reties in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor watU use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the sklks of minorities and worrien
so that they may qualify for higher payingempbyment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union wilt be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disabiiky.
c. The contractor into obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exdusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shah so certify to
the contracting agency and shah set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor wiN,
through independent recruitment efforts, fit the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability, making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exdusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shah Immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must befamiliar
with the requirements for and comply with the Americans with
Disabilities Act and al rules and regulations establshed'there
under. Employers must provide reasonable accommodation in
aft employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shah take aft necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shah notify all potential subcontractorsand
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor wiN use good faith efforts toensure
subcontractor compliiance with their EEOotuigations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOTs U.S. DOT - approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shaft 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 lea material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports The contractor shaft keep such
records as necessary to document compfranoe with the EEO
requirements. Such records shall be retained for a; period of
three years following the date of the final payment to the
contractor for all contract wort and shah be evadable at
reasonable times and places for inspection by authorized
representatives of the conh-acting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non -
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and
non - minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA•1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on- the-job
training is being required by special provision, the contractor
DEP Agreement No. T1508, Attachment F, Page 3 of 12
will be required to collect and report training data. The
employment data should reflect the work force on boardduring
all or any part of the last payroll period preceding the end of
July.
M. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion; sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractors obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time docks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shag provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS"BACON AND RELATED ACT PROVISIONS
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
requirements apply to all projects located within the right -of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which areexempt.
Contracting agencies may elect to apply these requirements to
other projects.
The taming provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1213 format and FHWA program requirements.
1. Minimum wages
a. AN laborers and mechanics employed or working upon
the site of the work, ell be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
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
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weeklyperiod.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skip, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
dassification for the time actually worked therein: Provided,
That the employers payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional dasstiication
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH- 1321) -shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b.(1) The contracting officer shaft require that any lass of
laborers or mechanics, including helpers, which is not feted in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met
(i) The work to be performed by the classification
requested is not performed by a classification in thewage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (d known), or their
representatives, and the contracting officer agree on the
classification and wa9e rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, wil approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the dassification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shaN refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officeror
DEP Agreement No. T1508, Attachment F, Page 4 of 12
will notify the contracting officer within the 30-day period that
additional time is necessary.
(4) The wage rate (induding fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shaft be paid to all workersperforming
work in the classification under this contract from the first
day on which work is performed in the classificaation.
c. Whenever the nnninium wage rate prescribed in the
contract for a dass of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shah either pay the benefit as stated in the wage determination
or shah pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have
been met. The Secretary of Labor may require the contractor
to sat aside in a separate account assets for the meeting of
obligations under the plan or program.
2. 1ltfithhddirng
The contracting agency shall upon its own action or upon
written request of an authorised representative of the
Depaitm ent of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally -
assisted contract subject to Davis - Bacon' prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the 'f it amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, inducting any apprentice, trainee, or
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
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shah be
maintained by the contractor during the course of the wok and
preserved for a period of three years thereafter for all laborers
and mechanics s working at the site of the work. Such records
shall contact the name, address. and social secunttyr number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
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), dally and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show
that the conxnifinent 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
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shah maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees. and the ratios and wage rates prescrlred in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shaft not be included
on weekly transmittals. Instead the payrolls shah only need to
include an individually identifying number for each employee(
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form iii- -347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.doLgovlemivrtidMornistwh347instr.htin
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'fuN social
security number and current address death covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contractingagency..
(2) Each payroll submitted shaft be accompanied by a
"Statement of Comphartce,' signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5:5 (aX3)(ii) of
Regulations, 29 CFR part 5; the appropriate information is
being maintained under §5.5 (aX3Xi) of Regulations, 29
CFR part 5, and that such information is correct and
complete:
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3:
(iii) That each taborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
DEP Agreement No. T1508, Attachment F, Page 5 of 12
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
VWH -347 shad satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of tide 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
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,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment advance, or
guarantee of funds. Furthemmore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices wi be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individuaNy registered in a bona fide
apprenticeship program registered with the U.S. Departmental
Labor, Employment and Training Administration, Office of
Apprenbceshtp Training Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her firstly days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individualy registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shal not be greater than the rata
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shaft be paid not less than the
applicable wage rate on the wage determination for the
classification of work actualyperformed. In addition, any
apprentice performing work on the job site m excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices stiaN be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the fuN amount of fringe benefits
listed on the wage determination for the applicable
classification. tf the Administrator determines' that a different
practice prevails for the applicable apprentice classification,
fringes shaft be paid in accordance with thatdetermination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to joumeynnen on the job site shaft not be
greater than pew under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shaft
be paid fringe benefits tut accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits hsted on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides, for Tess than fuft fringe benefits
for apprentices. Any employee listed on the payroN at trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shaN
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trams performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determkation for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor wit no
anger be permitted to utilize trainees at less than the
applicable predetermsned rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shat be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
DEP Agreement No. T1508, Attachment F, Page 6 of 12
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skin training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal -aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight tkne hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the termsof
the particular program.
5. Compliance with Copeland Act requirenwnts. The
contractor shah comply with the requirements of 29 CFR part
3, which are incorporated by reference rn thiscontract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA -1273 in any subcontracts and also require the
subcontractors to include Form FHWA -1273 in any lower tier
subcontracts. The prime contractor shah be responsible forthe
c onp iance by any subcontractor or lower her subcontractor
with all the contract dauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5:5 may be grounds fortermination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
t3. Compliance with Davis -Bacon and Related Act
requirements. AN rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in thiscontract.
9. Disputes concerning Tabor standards. Disputes arising
out of the labor standards provisions of this contract shaft not
be subject to the general disputes dause of this contract Such
disputes shah be resolved in accordant with the procedures
of the Department of Labor set forte in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification ofeligibiity.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Actor 29 CFR 5.12(a)(1).
b. No part of this contract shah be subcontracted to anyperson
or'finn ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of 8100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the douses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or perm any such laborer or mechanic in any
workweek in which he or she is employed on such work to
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 -had times the basic rate of pay for ail hours
worked in excess of forty hours in suchworkweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shah be Nabie for the
unpaid wages. In addition, such contractor and subcontractor
shah be Noble to the Linked States (in the case of done
under contract for the District of Columbia or a territory, to
District or to such territory), for liquidated damages: Such
liquidated damages shall be computed with respect to each
individual borer or mechanic, inducting watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
dause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages andllquidated damages.
The FHWA or the contacting agency shalt upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
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
prime contractor, such sums as may be detem fined to be
necessary to satisfy any babilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the dause set forth in paragraph (2) of this
section.
4. Subcontracts. The contractor or subcontractor shaft insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The pram contractor shaft be responsible for
oomplianoe by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) 01 this
section.
DEP Agreement No. T1508, Attachment F, Page 7 of 12
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is amicable to all Federal -aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
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
performed by subcontract and the amount of any such
specialty kerns performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractors own organization
(23 CFR 635.116).
a. The term "perform work with its own organization" refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor. with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees' may only be included in this term if the prkne
contractor meets all of the following conditions:
(1) the prime contractor maldtains control overthe
supervision of the day - to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultknately responsiblefor
the payment of predetermined minimum wage& the
submission of payrolls statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract
2. The contract amount upon which the requirements setforth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer. or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontractis
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract
5. The 30% self performance requirement of paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self - performance
requirements.
VIL SAFETY: ACCIDENT PREVENTION
Thisprov1sionls applicable to all Federal-aid
construction contracts and to alt related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting Officer may determine, tobe
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract
2. It is a condition of this contract, and shalt be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract that the contractor and any
subcontractor shaft not permit any employee, in performance
of the contract, to wort in suaoundags or under conditions
which are unsanitary, hazardous or dangerous to hissher
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shag have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
VIN. FALSE STATEMENTS CONCERNMIG HIGHWAY
PROJECTS
Thisprovisionis applicable toalFederal-aid
construction contracts and to all related subcontracts.
In order to assure high quaky and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possble. WMiul falsification, distortion. or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar ads, Form FHWA -1022 shall be posted on each
Federal -aid highway project (23 CFR 635) in one or more
places where it is readily available to alt persons concerned
with the project
18 U.S.C. 1020 reads as follows:
DEP Agreement No. T1S08, Attachment F, Page 8 of 12
"Whoever. being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, m
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to pnavisions of the Federal -aid
Roads Act approved Idyl, 1916, (39 Stat 355), as amended
and supplemented;
Shall be fined under this title or knprisoned not more than 5
years or both."
iX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL. ACT
This provision is applicable to al Federal -aid construction
contracts and to al related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal -aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as fo lows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean AirAct.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more - as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification - First Tier Participants:
a. By signing and submitting this proposal, the prospective
fist tier participant is providing the certification set outbelow.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of particssation in this
covered transaction. The prospective first tier participant shah
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in thistransaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is Later
determined that the prospective participant knowingyrendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause ofdefault.
d. The prospective first tier participant shah provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its oertfication was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," ineligible," "participant" "person," Of "principal,"
and "voluntarily exclude," as used m this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions' refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant* refers any participant who has entered into a
covered transaction with a first Tier Participant or other Lower
Tier Participants (such as subcontractors and suers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily exduded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the dause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in aillower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the 525,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
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,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (httas : /twww.eais.aov/) which is
compiled by the General ServicesAdministration.
DEP Agreement No. T1508, Attachment F, Page 9 of 12
i. Nothing contained in the foregoing shaft be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent pawn in the ordinary course of business dealings.
1. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Govemment, the
department or agency may terminate this transaction forcause
or defautL
Itt Ir
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the bestof
its knowledge and belief, that it and itsprinapals:
(1) Are not presently debarred, suspended, proposedfor
debarment, declared neiigibe, or voluntarily exduded from
participating in covered transactions by any Federal
department or agency:
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contractunder
a public transaction, violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements. or receiving stoienproperty;
(3) Are not presently indicted for or otherwise cri ninaUyor
cniily charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification and
(4) Have not within a three -year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause ordefault
b. Where the prospective participant is unabie to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to thisproposal
2. Instructions for Certification Lower Tler Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more 2 CFR Parts. 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set tout below.
b. The certification in this dause is a material representation
of fact upon which - reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shah provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
teams that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," 'Ineligible: "participant." "person," "principal,"
and "voluntarily excluded." as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prnte or general contract). tower Tier Covered Transactions'
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general Contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered Into it shah not knowngly enter into
any lower tier covered transaction with a person who is
debarred. suspended, declared ineligible, or voluntarily
excluded from participation In this covered transaction unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it wit include this clause titled
"Certification Regarding Debarment Suspension, inetigbity
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective pmt in a lower tier covered
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,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the ebgibtity of its principals, as well as
the ekgi bility of any lower tier prospective participants, each
participant may but is not required to check the Excluded
Parties List System webs to (htms: /lwww.eols,gov/), which is
compiled by the General ServicesAdministration.
h. Nothing Contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normalty possessed by a prudent person
in the ordinary course of business dealings.
1. Except for transactions authorized under paragraph eof
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
exduded from participation in this transaction, in addition to
other remedies available to the Federal Goverment, the
DEP Agreement No. T1508, Attachment F, Page 10 of 12
department or agency with which this transaction originated
may pursue available remedies, including suspension and /or
debarment
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion— Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this, proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared inefiglole, or voluntarily excluded from participating in
covered transactions by any Federal department oregency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certifrcatlon, such
prospective participant shad attach an explanation to this
proposal
XL CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to as Federal -aid construction
contracts and to all related subcontracts whichexceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned. to any person for
influencing or attempting to inauenoe an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contrail, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was places when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by31
U.S.C. 1352. Any person who fails to file the required
certification shall be sub1ect to a civil penalty of not lessthan
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in alt lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
DEP Agreement No. T1508, Attachment F, Page 11 of 12
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
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
undertaking to do work which is, or reasonably may be, done
as work, shag give preference to qualified personswho
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contractwork.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful coMecttve
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (lc) shah not
exceed 20 percent of the total number of employ eesemployed
by the contractor on the contrail work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classificabons of the
laborers, mechanics and other employees requited to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required. and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If dumarg the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor stab give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week fokowing the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
apphcants;to the contractor, or less than the number
requested, the State Employment Service wit forward a
certificate to the contractor indicating the unavallabdky of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (lc)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6• The contractor shah include the provisions of Sections 1
through 4 of this Attachment A in every subcontract forwork
which is, or reasonably may be, done as on -site work.
DEP Agreement No. T1508, Attachment F, Page 12 of 12
ATTACHMENT G
REGULATIONS
DEP Agreement No. T1508, Attachment G, Page 1 of 1
Formal regulations concerning administrative procedures for U.S. Department of Transportation (DOT)
grants appear in Title 49 of the Code of Federal Regulations (CFR) and 2 CFR Parts 1200 and 1201. The
following list contains regulations and Office of Management and Budget Guidance which may apply to
the work performed under this Agreement.
Subchapter A - General
49 CFR 24
Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
49 CFR 27
Nondiscrimination on the basis of disability in programs or activities receiving
Federal financial assistance
49 CFR 17
Intergovernmental review of DOT programs and activities
49 CFR 20
New restrictions on lobbying
49 CFR 32
Government -wide requirements for drug -free workplace (Financial Assistance)
Other Federal Regulations
2 CFR 200 and
1201
Uniform administrative requirements, cost principles, and audit requirements for
Federal awards
2 CFR 1200
Nonprocurement Suspension and Debarment
48 CFR 31
Contract Cost Principles and Procedures
Office of Management and Budget Guidance
For Federal Funding Sources awarded prior to December 26, 2014:
A -21 (2 CFR 220)
Cost Principles for Educational Institutions
A -87 (2 CFR 225)
Cost Principles for State, Local, and Indian Tribal Governments
A -122 (2 CFR
230)
Cost Principles for Non -Profit Organizations
A-133
Audit Requirements
For Federal Funding Sources awarded after December 26, 2014
2 CFR Part 200
Uniform administrative requirements, cost principles, and audit requirements for
Federal awards (State, Local and Indian Tribal Governments, Educational Institutes;
Private Non -Profit Organization other than (1) institute of higher education, (2)
hospital, or (3) organization named in 2 CFR Part 200 Appendix VIII
48 CFR Part 31
Contract Cost Principles and Procedures (For Profit Organization)
2 CFR Part 200,
Subpart F
Audit Requirements
Accounting Standards
Governmental
Entities
Subject to accounting standards established by the Government Accounting
Standards Board (GASB)
Private Sector or
Individuals
Subject to generally accepted accounting principles (GAAP), promulgated by the
American Institute of Certified Public Accountants (AICPA), as applicable
DEP Agreement No. T1508, Attachment G, Page 1 of 1