2017-25 Recreational Trails Program Grant Agreement and Budget AmendmentORDINANCE NO. 2017-25
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
( NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
THE RECEIPT OF GRANT FUNDS FROM THE RECREATIONAL TRAILS
GRANT PROGRAM FOR THE COMMUNITY CENTER; AMENDING THE
CURRENT ADOPTED GENERAL FUND BUDGET TO APPROPRIATE
$50,000.00 FROM THE UNASSIGNED FUND BALANCE TO PROVIDE
MATCHING FUNDS; AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE BUDGET AMENDMENT; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Environmental Protection has awarded the Village
$250,00 in grant funds from the Recreational Trails Program for improvements at the
Community Center fitness trail; and
WHEREAS, Village Administration recommended transferring $50,000 from the General Fund
Unassigned Balance Account to provide matching funds for the grant award; and
WHEREAS, because the transfer of funds from the Unassigned Fund Balance Account increases
the total amount of the current year budget, the transfer must be accomplished by ordinance as
required by Section 166.241, Florida Statutes; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified as true and correct and incorporated herein.
Section 2. The Village Council hereby amends the adopted Village of North Palm Beach
General Fund budget for Fiscal Year 2017-2018 as follows:
Budget Amendment:
Account
Description
Use
Source
General Fund:
A4600-09100
Appropriated Fund Balance
$ 50,000
A5540-49102
Transfer Out to
Special Revenue Recreation Fund
$ 50,000
Total General Fund
$ 50,000
$ 50,000
Special Revenue Rec Fund:
U3900-09102
Transfer In from General Fund
$ 50,000
U2125-33011
Grant Revenue — Community Center
(Recreation Trails)
$ 200,000
U8025-66210
Grant Expense — Community Center
(Construction & Major Renovation)
$ 250,000
Total Special Revenue Rec Fund
$ 250,000
$ 250,000
Page 1 of 2
Section 3. The Mayor and Village Cleric are hereby authorized and directed to execute the
budget amendment for and on behalf of the Village of North Palm Beach.
Section 4. The Village Council approves a Grant Agreement with the Florida Department of
Environmental Protection (DEP Agreement No. T1715) for receipt of the grant funds and
authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village. The
Village Council may approve amendments to the Agreement by resolution without the need to
amend this Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 9TH DAY OF NOVEMBER, 2017.
PLACED ON SECOND, FINAL READING AND PASSED THIS le DAY OF DECEMBER, 2017.
(Village Sea])
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL S ICIEN Y:
VILLAGE ATTORNEY
Page 2 of 2
e aL,
MAYOR
DEP AGREEMENT NO. T1715
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM
AGREEMENT FOR FISCAL YEAR 2016-2017
NONMOTORIZED DIVERSE USE TRAIL
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
VILLAGE OF NORTH PALM BEACH, whose address is 501 US Hwy 1, North Palm Beach, Florida 33408
(hereinafter referred to as "Grantee"), a local government, in furtherance of an approved public recreational trail
project known as Community Center Fitness Trail, Project Number T17015 (hereinafter referred to as the
"Project"). Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party."
For purposes of this Agreement, the terns "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 Section 260.016(1)(g), 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 17 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 Section
260.016, F.S. and Chapter 62S-2, F.A.C., the Parties agree as follows:
1. TERMS OF AGREEMENT:
The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and
additionally described in Attachment A, Project Work Plan, including all attachments, guidelines, forms,
and exhibits that are attached hereto and/or 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 to complete the Project. Further, the Grantee agrees to ensure that all necessary permits are obtained
prior to implementation of any Project Work Plan 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.fl.us/gwt/grants/ or by contacting the Department's Grant Manager.
Prior to commencement of the Project, the Grantee shall submit to the Department for approval all
documentation and shall complete all responsibilities listed on the Commencement Documentation Checklist,
OGT -11, incorporated herein by reference. Upon approval by the Department, the Department will issue a
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. The Department may accept
or reject the requested extension in its sole discretion.
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
DEP Agreement No.: T1715, Page 1 of 20
RTP FY16-17
period may be extended by the Department for good cause, such as natural disaster pursuant to subparagraph
62S -2.075(7)(d)3, F.A.C. Until the Department issues the "Notice to Proceed" authorizing Grantee to
commence the Project, the Department shall not be obligated to pay or reimburse Grantee for fees, costs, or
general expenses of any kind that were incurred prior to the "Notice to Proceed," except for Pre -Agreement
Expenses as more fully described in Subsection 62S-2.070(28), F.A.C.
2. PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both Parties and, unless extended, shall remain in effect no
longer 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, each of which will require 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 entitled to reimbursement of eligible Pre -
Agreement Expenses for expenses incurred on or after July 1, 2017, until the effective date of full execution
of this Agreement.
3. FUNDING/CONSIDERATION/INVOICING:
The Grantee shall be eligible for authorized reimbursement, in whole or in part, for costs pursuant to RTP
guidelines regarding Department -approved Pre -Agreement Expenses, through the Project Completion 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 $200,000 towards the total estimated project cost of $250,000. The Parties hereto
understand and agree that this Agreement requires at least a 20% match on the part of the Grantee.
Therefore, the Grantee is responsible for providing $50,000 through cash or in-kind service costs
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 Project shall revert to the State's program funds under
the provisions of the federal Transportation Equity Act for the 21 st 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.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
A Change Order to this Agreement when task timelines within the current authorized
Agreement period change, or when the cumulative transfer of funds between approved
budget categories, as defined in Paragraph 3.E., are less than ten percent (10%) of the total
budget as last approved by the Department. All Change Orders are subject to the mutual
written agreement of both Parties.
ii. A formal Amendment to this Agreement is required for changes that 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; or when
changes to the cumulative amount of funding transfers between approved budget
categories, as defined in Paragraph 3.E., exceed or are expected to exceed ten percent
(10%) of the total budget as last approved by the Department. All Amendments are subject
to the mutual written agreement of both Parties.
DEP Agreement No.: T1715, Page 2 of 20
RTP FY16-17
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 -115. To be eligible for reimbursement, costs must comply with the 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:
htip://www.myfloridacfo.com/aadir/referenceug ide/. 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.
D. Project Costs, Pre -Agreement Expenses and Cost Limits:
Project Costs shall be reimbursed pursuant to paragraph 625-2.075(3)(a), F.A.C., and as
provided herein. Project Costs, except for Pre -Agreement Expenses, shall be incurred
between the effective date of the Agreement, and the Project completion date as set forth
in the Project Completion Certification determined and identified herein. If the total cost
of the Project exceeds the grant amount and the required match (if applicable), Grantee
must pay the excess cost.
ii. Pre -Agreement Expenses, pursuant to Subsection 62S-2.070(28), F.A.C., means expenses
incurred by a Grantee for accomplishment of an eligible RTP project prior to full execution
of a project agreement. Parties hereby acknowledge and agree, Grantee is entitled to submit
for cost -reimbursement eligible Pre -Agreement Expenses, which are expenses Grantee
incurred for the accomplishment of the Project prior to full execution of this Agreement.
iii. Cost Limits, pursuant to paragraph 62S -2.075(3)(b), F.A.C., allow for Project planning
expenses, such as application preparation, architectural and engineering fees, permitting
fees, Project inspection, and other similar fees as eligible Project Costs provided that such
costs do not exceed fifteen percent (15%) 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:
SalariesAVages (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 approved Cost Analysis to be submitted
pursuant to 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.
a. Fringe Benefits (Employee Benefits) — Shall be calculated at the rate up to 40% of
direct salaries.
Indirect Cost — Shall be calculated at the rate of 15% of direct cost.
DEP Agreement No.: T1715, Page 3 of 20
RTP FY16-17
iii. Contractual Services (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 that 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. Equipment, as
defined in Rule 625-2.070, F.A.C., is subject to the requirements set forth in Chapters 273
and/or 274, F.S., and Chapters 69I-72, F.A.C., and/or 69I-73, F.A.C., as applicable, and 2
CFR 200. The Grantee shall be responsible for maintaining appropriate property records
for any subcontracts that include the purchase of equipment as part of the delivery of
services. The Grantee shall comply with this requirement and ensure its subcontracts issued
under this Agreement, if any, impose this requirement, in writing, on its subcontractors.
For fixed-price (vendor) subcontracts, the following provisions shall apply:
a. 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.
b. 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.
c. 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 — Reimbursement requests for the rental/lease of equipment
must include copies of invoices or receipts to document charges.
V. Equipment — (Capital outlay costing $5,000 or more) — Reimbursement for the Grantee's
direct purchase of equipment is governed by Paragraph 24 of this Agreement.
vi. Miscellaneous/Other Expenses— Direct Purchases, for example, materials, supplies,
Grantee stock, 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 (3 0) calendar days of
DEP Agreement No.: T1715, Page 4 of 20
RTP FY16-17
such request. The Grantee may also be required to submit a cost allocation plan to the Department
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.Lnyfloridacfo.com/aadir/reference_uguide/; allowable
costs and uniform administrative requirements for federal programs can be found under 2 CFR 200
and 2 CFR 1201, at hIV://www.ecfr.pov.
G. For the purchase of goods or services costing more than $2,500 and less than $35,000 the Grantee
shall obtain at least two (2) written quotes. For any purchase over $35,000 and less than the current
federal simplified acquisition threshold, as set forth in the Federal Acquisition Regulations, 48 CFR
§ 2.101, the Grantee shall follow its own documented procurement methods, available upon request,
to ensure a reasonable and fair price in accordance with 2 CFR § 200.320 and the intent of 287.057,
F.S. The purchase of goods or services costing more than the current federal simplified acquisition
threshold must be conducted in accordance with 2 CFR § 200.320(c) -(f).
H. 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.
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)
2 CFR Part 200 Uniform Administrative
institution of higher education, (2) hospital, or (3)
Requirements, Costs, Principals and Audit
organization named in 2 CFR Part 200, Appendix
Requirements for Federal Awards
VIII.
Education Institutions
2 CFR Part 200 Uniform Administrative
Requirements, Costs, Principals and Audit
Requirements for Federal Awards
I. i. 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 refund, 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, 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 the payments are recovered by the Grantee to the
date repayment is made to the Department by the Grantee.
DEP Agreement No.: T1715, Page 5 of 20
RTP FY16-17
Because of the federal funds awarded under this Agreement, the Grantee must comply with The
Federal Funding Accountability and Transparency Act (FFATA) of 2006. The FFATA
legislation requires that information on federal awards (federal financial assistance and
expenditures) be made available to the public via a single, searchable website, which is
www.USASpending.gov. 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 information necessary, over the life of this Agreement, for the Department to comply
with this requirement
K. 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:
A. 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 Manager shall have thirty (30) calendar days to review the
required reports and deliverables submitted by the Grantee.
B. If the direct and/or indirect purchase of equipment is authorized under paragraph 24 of this
Agreement, then the Grantee shall comply with the property management requirements set forth in
2 CFR § 200.313. An inventory of all personal property/equipment purchased under this Agreement
shall be completed at least once every two (2) years and submitted to the Department's Grant
Manager no later than January 31 sl for each year this Agreement is in effect. A final inventory report
shall be submitted to the Department at the end of the Agreement.
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., in order for the Grantee to receive the retained ten percent (10%).
The Department may 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. In order to certify
completion, the Grantee shall submit to the Department a Project Completion Certificate, OGT -14, effective
DEP Agreement No.: T1715, Page 6 of 20
RTP FY16-17
date May 1, 2001, available online at ft://www.dep.state.fl.us/gwt/grants/, and hereby incorporated by
reference. The Project must be designated complete prior to release of final reimbursement.
8. 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. If the 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. 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 fees, costs, general expenses of any kind and any other costs associated
with Deliverable completed or incurred prior to Grantee receiving a Department issued "Notice to
Proceed." No payment will be made for Deliverable 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
DEP Agreement No.: T1715, Page 7 of 20
RTP FY16-17
that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All
CAPS must be able to be implemented and performed in no more than sixty (60) calendar days.
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.
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.
L 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 noncancelable; and
DEP Agreement No.: T1715, Page 8 of 20
RTP FY16-17
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.
The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Presidential Executive Orders 12549 and 12689.
C. If the Grantee materially fails to comply with the terms stated in this Agreement or with any
provisions of Chapter 62S-2, F.A.C., the Department shall terminate this Agreement and demand
return of the program funds (including interest) and any equipment purchased with grant funds that
has not been properly disposed of in accordance with the federal property management requirements
set forth in 2 CFR Part 200, Subpart D (§§ 200.310 through 200.316). Furthermore, the Department
shall declare the Grantee ineligible for further participation in RTP until such time as compliance
has been obtained pursuant to subsection 62S-2.076(4).
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 (U.S.
G.A.A.P.) consistently applied. The United States Department of Transportation (U.S. 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 sub -granted or subcontracted, the
Grantee shall similarly require each sub -grantee 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.
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 REQUIREMENTS:
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
that 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 Manager listed in Paragraph 20 to
request a copy of the updated information.
DEP Agreement No.: T1715, Page 9 of 20
RTP FY16-17
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 § 200.330 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 Recipient/Subrecipient vs. Vendor Determination" (form
number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following
website:
https:\\apps.fldfs.com\fsaa
C. 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 performed
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.
B. The Grantee agrees to comply with the procurement requirements contained in 2 CFR § 200.317
through 2 CFR § 200.326 for its selection of subcontractors, with the exception of procurement
threshold amounts, which are provided in Paragraph 3.G., of this Agreement.
C. 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 funis that could be offered subcontracting opportunities may be obtained by contacting the
Office of Supplier Diversity at (850) 487-0915.
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 (50%) or more of the cost will be paid from state -appropriated funds that 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:
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
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
DEP Agreement No.: T1715, Page 10 of 20
RTP FY16-17
B. For any competitive solicitation that meets the criteria in Paragraph M.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 M.A.
C. Funding through the Recreational Trails Program does not constitute "state appropriated funds" for
purposes of determining the applicability of Section 255.0991, F.S.
15. PROHIBITED GOVERNMENTAL ACTIONS FOR PUBLIC WORKS PROJECTS:
Pursuant to Section 255.0992, F.S., state and political subdivisions that contract for public works projects are
prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers
and prohibited from restricting qualified bidders from submitting bids.
A. "Political subdivision" means separate agency or unit of local government created or established by
law or ordinance and the officers thereof. The term includes, but is not limited to, a county; a city,
town, or other municipality; or a department, commission, authority, school district, taxing district,
water management district, board, public corporation, institution of higher education, or other public
agency or body thereof authorized to expend public funds for construction, maintenance, repair or
improvement of public works.
B. "Public works project' means an activity of which fifty percent (50%) or more of the cost will be
paid from state -appropriated funds that were appropriated at the time of the competitive solicitation
and which consists of construction, maintenance, repair, renovation, remodeling or improvement of
a building, road, street, sewer, storm drain, water system, site development, irrigation system,
reclamation project, gas or electrical distribution system, gas or electrical substation, or other
facility, project, or portion thereof that is owned in whole or in part by any political subdivision.
C. Except as required by federal or state law, the state or political subdivision that contracts for a public
works project may not require that a contractor, subcontractor or material supplier or carrier engaged
in such project:
Pay employees a predetermined amount of wages or prescribe any wage rate;
ii. Provide employees a specified type, amount, or rate of employee benefits;
iii. Control, limit, or expand staffing; or
iv. Recruit, train, or hire employees from designated, restricted, or single source.
D. For any competitive solicitation that meets the criteria of this section, the state or political
subdivision that contracts for a public works project may not prohibit any contractor, subcontractor,
or material supplier or carrier able to perform such work who is qualified, licensed, or certified as
required by state law to perform such work from submitting a bid on the public works project, except
for those vendors listed under Section 287.133 and Section 287.134, F.S.
E. Funding through the Recreational Trails Program does not constitute "state appropriated funds" for
purposes of determining the applicability of Section 255.0992, F.S.
F. Contracts executed under Chapter 337, F.S. are exempt from these prohibitions.
DEP Agreement No.: T1715, Page 11 of 20
RTP FY16-17
16. SIGNAGE:
The Grantee must erect a permanent information sign on the Project site that 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 that 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.
17. LOBBYING PROHIBITION:
The Grantee agrees to comply with, and include in subcontracts and sub -grants, the following provisions:
A. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. § 1601 et seq.), prohibits any
organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal
funds through an award, grant (and/or sub -grant) or loan unless such organization warrants that it
does not, and will not engage in lobbying activities prohibited by the Act as a special condition of
such an award, grant (and/or sub -grant), or loan. This restriction does not apply to loans made
pursuant to approved revolving loan programs or to contracts awarded using proper procurement
procedures.
B. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on
behalf ofthe 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.
C. The Grantee certifies that no funds provided under this Agreement have been used or will be used
to engage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.
D. Pursuant to 2 CFR § 200.450 and 2 CFR § 200.454(e), the Grantee is hereby prohibited from using
funds provided by this Agreement for membership dues to any entity or organization engaged in
lobbying activities.
E. 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.
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 State of Florida 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.
DEP Agreement No.: T1715, Page 12 of 20
RTP FY16-17
18. 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.
19. 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. All notices required by this Agreement shall be delivered to the
parties at the addresses identified under paragraph 20.
20. CONTACTS:
The Department's Grant Manager (who 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.Lister@dep.state.fl.us
The Grantee's Grant Manager at the time of execution for this Agreement is:
Mark Hodgkins or Successor
Parks and Recreation Director
Village of North Palm Beach
501 US Hwy 1
North Palm Beach, Florida 33408
Telephone No.: 561-841-3384
Fax No.: 561-844-1836
E-mail Address: mhod kins villa e -n b.or
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.
21. INSURANCE:
A. Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall
maintain insurance coverage of such types and with such terms and limits described below. The
limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting
the Grantee's liability and obligations under the Agreement. All insurance policies shall be through
insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide
coverage through a self-insurance program established and operating under the laws of Florida.
DEP Agreement No.: T1715, Page 13 of 20
RTP FY16-17
Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,
however the minimum insurance requirements applicable to this Agreement are:
Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and
hold such liability insurance at all times during the Agreement. The Department of
Environmental Protection, its employees, and officers shall be named as an additional
insured on any general liability policies. The minimum limits shall be $200,000 each
individual's claim and $300,000 each occurrence.
ii. Workers' Compensation and Employer's Liability Coverage.
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S.,
and employer's liability insurance with minimum limits of $100,000 per accident,
$100,000 per person, and $500,000 policy aggregate. Such policies shall cover all
employees engaged in any work under the Agreement.
iii. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain
automobile liability, bodily injury, and property damage coverage. Insuring clauses for
both bodily injury and property damage shall provide coverage on an occurrence
basis. The Department of Environmental Protection, its employees, and officers shall be
named as an additional insured on any automobile insurance policy. The minimum limits
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.
Additional insurance may be required by federal law, where applicable, if any work
proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman's
and Harbor Worker's, or the inclusion of any 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.gov/owcp/dlhwc/Iscontac.htm) or to the parties' insurance
carrier.
B. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -
grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such
terms and limits as described above. The Grantee shall require all its sub -grantees and/or
subcontractors, if any, to make compliance with the insurance requirements of this Agreement a
condition of all contracts related to this Agreement. Sub -grantees and/or subcontractors must
provide proof of insurance upon request.
C. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided through an
insurance trust, the Grantee shall instead add the Department of Environmental Protection, its
employees, and officers as an additional covered party everywhere the Agreement requires them to
be added as an additional insured. Further, notwithstanding the requirements above, if Grantee is
self-insured, then the Department of Environmental Protection, its employees, and officers do not
need to be listed as additional insureds.
D. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money
representing a deductible in any insurance policy. The payment of such deductible shall be the sole
responsibility of the Grantee providing such insurance.
DEP Agreement No.: T1715, Page 14 of 20
RTP FY16-17
E. Proof of Insurance. Upon execution of this Agreement, the Grantee shall provide the Department
documentation demonstrating the existence and amount for each type of applicable insurance
coverage prior to performing any work under this Agreement. Upon receipt of written request from
the Department, the Grantee shall furnish the Department with proof of applicable insurance
coverage by standard form certificates of insurance, a self-insured authorization, or other
certification of self-insurance.
F. Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer
for any reason, the Grantee shall immediately notify the Department of such cancellation and shall
obtain adequate replacement coverage conforming to the requirements herein and provide proof of
such replacement coverage within ten (10) calendar days after cancellation of the coverage.
22. CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict
in any manner or degree with the performance of services required under this Agreement. As required by 2
CFR § 200.112, the FHWA has established a Conflict of Interest (COI) policy for disclosure of conflicts of
interest 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.fhwa.dot.gov/aaa/generaltermsconditions.cfm
23. 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 of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
24. EQUIPMENT:
Reimbursement for direct or indirect equipment purchases is not authorized under the terms and conditions
of this Agreement.
25. QUALITY ASSURANCE REQUIREMENTS:
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.
26. 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
Agreement, which may result in the termination of this Agreement or such other remedy as the
Department deems appropriate, which may include, but is not limited to:
DEP Agreement No.: T1715, Page 15 of 20
RTP FY16-17
Withholding monthly progress payments;
ii. Assessing sanctions;
iii. 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 RTP funds shall be made available to the general
public of all 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 seg.),
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.
27. LAND ACQUISITION:
Land acquisition is not authorized under the terms of this Agreement.
28. SITE DEDICATION:
A. 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 funds, as an outdoor recreational area
for the use and benefit of the general public in accordance with Rule 625-2.076, 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 Project completion date as set forth in the Project Completion Certificate. The lease must
not be revocable at will; must extend for twenty-five (25) years after Project completion date; and
must 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.
B. Should the Grantee's interest and/or right to the land referenced herein change, either by sale, lease,
or other written legal instrument, the Grantee is required to notify the Department in writing of such
change no later than ten (10) days after the change occurs, and the Grantee is required to notify all
subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement.
DEP Agreement No.: T1715, Page 16 of 20
RTP FY16-17-
29. DEBARMENT/SUSPENSION:
In accordance with Presidential 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.
30. 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:
The copyright in any work developed under a grant, sub -grant, or contract under a grant or
sub -grant.
ii. Any right or copyright to which a grantee, sub -grantee, 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.
B. 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. RECTO 17."
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."
31. CONTRACT PROVISIONS AND REGULATIONS:
The Grantee agrees to comply with, and include in subcontracts and sub -grants, 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.
32. PHYSICAL ACCESS AND INSPECTION:
Department personnel shall be given access to and may observe and inspect work being performed under this
Agreement with reasonable notice and during normal business hours, including by any of the following
methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
DEP Agreement No.: T1715, Page 17 of 20
RTP FY16-17
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.
33. PUBLIC RECORDS REQUIREMENTS:
A. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the Department in
its performance of service under the Agreement, the Grantee must allow public access to all
documents, papers, letters, or other material, regardless of the physical form, characteristics, or
means of transmission, made or received by the Grantee in conjunction with the Agreement (Public
Records), unless the Public Records are exempt from Section 24(a) of Article I of the Florida
Constitution or Section 11 9.07(l), F.S.
B. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow public
access to Public Records as required by law.
C. For the purposes of this paragraph, the term "contract" means the "Agreement." If the Grantee is a
"contractor" as defined in Section 119.0701(1)(a), F.S., the following requirements apply:
i. Keep and maintain Public Records required by the Department to perform the service.
ii. Upon request, provide the Department with a copy of the requested Public Records or allow
the Public Records to be inspected or copied within a reasonable time at a cost that does
not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by
law.
iii. A contractor who fails to provide the Public Records to the Department within a reasonable
time may be subject to penalties under Section 119. 10, F.S.
iv. Ensure that Public Records that are exempt or confidential and exempt from Public Records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the contractor does not
transfer the Public Records to the Department.
V. Upon completion of the contract, transfer, at no cost to Department, all Public Records in
possession of contractor or keep and maintain Public Records required by the Department
to perform the service. If the contractor transfers all Public Records to the Department
upon completion of the contract, the contractor shall destroy any duplicate Public Records
that are exempt or confidential and exempt from Public Records disclosure requirements.
If the contractor keeps and maintains Public Records upon completion of the contract, the
contractor shall meet all applicable requirements for retaining Public Records. All Public
Records stored electronically must be provided to Department, upon request from the
Department's custodian of Public Records, in a format specified by the Department as
compatible with the information technology systems of the Department. These formatting
requirements are satisfied by using the data formats as authorized in the contract or
Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is
authorized to access.
D. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, F.S., TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
DEP Agreement No.: T1715, Page 18 of 20
RTP FY16-17
RELATING TO THE CONTRACT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public. services&dep.state. fl.us
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public
Services
Public Records Request
3900 Commonwealth Blvd, MS 49
Tallahassee, FL 32399
34. SCRUTINIZED COMPANIES:
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135,
F.S. hi addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -
agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135,
F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its
subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting
activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases
to authorize these contracting prohibitions then they shall become inoperative.
35. 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 ".pdf' 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.
36. 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.
37. 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.: T1715, Page 19 of 20
RTP FY16-17
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed, the day and year
last written below.
VILLAGE OF NORTH PALM BEACH
By:
Signature of Per n Authorized to Sign
Print Name and Title
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
(�� M—
Secretary or des gnee
Print N e and Title
Date: �,,/w7/< Date: I —9 —
Address:
A//p 964M �� -;Wlf
Attest:
By:
FEID No.: 59-6017984
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 as part of this Agreement:
Specify
Letter/
Type
Number
Description
Attachment
A
Project Work Plan Q Pages)
Attachment
B
Contract Payment Requirements (1 Page)
Attachment
C
Special Audit Requirements (5 Pages)
Attachment
D
Disclosure of Lobbying Activities (2 Pages)
Attachment
E
Federal Contract Provisions (7 Pages)
Attachment
F
Required Contract Provisions, FHWA-1273 (11 Pages)
Attachment
G
Regulations (1 Page)
DEP Agreement No.: T1715, Page 20 of 20
RTP FY16-17
ATTACHMENT A
PROJECT WORK PLAN
RECREATIONAL TRAILS PROGRAM (RTP)
Project Name: Community Center Fitness Trail
Grantee Name: Village of North Palm Beach
RTP Project # T17015
SUMMARY: The Grantee shall complete the Project Element(s), which were approved by the Department through the RTP Application Evaluation Criteria, pursuant to Chapter
62S-2, Florida Administrative Code (F.A.C.) and the FHWA Recreational Trails Program Interim Guidance Manual. Any alteration(s) to the Project Element(s) as defined in the
Project Work Plan resulting in a change in the total point score of Grantee's Application as it appears on the RTP Advisory Committee's Priority List for FY2016-17 is considered a
significant change and must be pre -approved by the Department and requires a formal Amendment to this Agreement. All work must be completed in accordance with laws, rules
and guidance including, but not limited to: 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 the Department issuing a "Notice to Proceed" to
the Grantee, as specified in Paragraph 1 of the Agreement, the Department must receive evidence of and have approved all Deliverables in Task 1.1
The Department shall designate the Project complete upon receipt and approval of all Deliverables and when Project site is open and available for use by the public for outdoor
recreation purposes. Department shall retain ten percent (101/o) of the Grant Award until the Grantee completes the Project and the Department approves the Completion
Documentation set forth in paragraph 62S -2.075(7)(e), F.A.C. The final payment of the retained ten percent (10%) will be processed within thirty (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 1200 Prosperity Farms Road, North Palm Beach, FL and is a Nonmotorized Diverse Use
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 cost analysis will be provided in the Deliverables for Task 1, prior to the Department issuing the "Notice to Proceed". All final Project Costs shall be submitted to
the Department with the payment request.
Maximum Grant Award Amount:
$200,000
Required Grantee Match Amount:
$50,000
Total estimated Project Cost:
$250,000
Match Ratio:
80:20
TASK 1 DELIVERABLE 1
1. Development of Commencement The Department will issue "Notice to Proceed" upon receipt The Department shall terminate the
180 calendar days Project Agreement if the required
z,
Documentation Checklist (OGT -11) which and approval of:
includes: after Execution of Deliverables are not submitted and
Agreement' approved by the Department.
La. Boundary Map with legal description;
DEP Agreement No. T1715, Attachment A, Page 1 of 3
RTP FY16-17
Lb. Site Plan;
LA. All applicable Project specific Commencement
l.c. List of Facilities to be Constructed;
documentation, listed on Commencement Documentation
Ld. Pre -Construction Certification (OGT -12)
Checklist (OGT -11)
and;
LB. Cost Analysis Form, with supporting Bid Documents
Le. Grant Project PD&E Data Sheet (OGT-
from Project selected contractor and/or In -House Cost
15);
Schedule(s)
Lf. List of Equipment and Expected Costs (if
equipment purchase is authorized);
l.g. Proposed Five Year Work Plan (if
Project planning expenses, such as application preparation,
equipment purchase is authorized); and
architectural and engineering fees, permitting fees, Project
l.h. A Cost Analysis Form, with supporting
inspection, and other similar fees are eligible for
Bid Documents from Project selected
reimbursement. However, reimbursement, if requested, shall
contractor and/or In -House Cost Schedule(s)
not to exceed fifteen percent (15%) of total Project cost, and
shall be invoiced upon Project completion, in accordance with
the Payment Request Schedule below.
TASK 2
DELIVERABLE 2
Construction of 10' x 2500 LF (+/- 10%) multiuse
Due 60 calendar
No reimbursement will be made for
paved fitness trail; purchase and installation of 4
The Grantee may request reimbursement upon Department
days prior to the
Deliverable(s) deemed unsatisfactory by
fitness stations; Construction of accessbile parking
receipt and approval o£
expiration of this
the Department. Payment(s) will not be
lot; Construction of trail connector to adjacent
2.A. All applicable Project specific Completion
Agreement.
made for unsatisfactory or incomplete
Delacort Park.
documentation listed on Project Completion Documentation
work. In addition, a Task may be
Checklist (OGT -13)
terminated for Grantee's failure to
2.B. Final Status Report
perform.
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 below. Ten percent
(10%) of the payment request will be retained until the Project
is de si ated complete by the Department.
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 as outlined in the Financial Reporting Procedures (DRP -110), as applicable, to support payment. A payment request
DEP Agreement No. T1715, Attachment A, Page 2 of 3
RTP FY16-17
submitted as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks. The payment request must
include documentation regarding the match source, as required.
Endnotes:
1. RTP documentation is available at http://www.do.state.fl.us/.ewU xants/ 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 maybe extended within the parameters of the RTP and/or FHWA federal guidelines, upon written request of the Grantee and approval by the Department.
DEP Agreement No. T1715, Attachment A, Page 3 of 3
R1P_FY16-17
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
checks. 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: 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.
(2) Fringe Benefits: 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: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: 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.
(4) Other direct costs: 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.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the unit's 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: hU://www.fldfs.com/aadir/reference Ruide.htm
DEP 55-219 (05/2008)
DEP Agreement No. T1715, Attachment B, Page 1 of 1
RTP FY16-17
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.
I►Ti[i], Q�]7I
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200,
Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not
be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope
audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR § 200.330
(for fiscal year start dates after December 26, 2014).
In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200,
Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of
Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year,
the recipient shall consider all sources of Federal awards, including Federal resources received from the
Department of Environmental Protection. The determination of amounts of Federal awards expended should
be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200,
Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part.
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.
If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part
200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as
applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be
paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at www.efda.gov
DEP Agreement No. T1715, Attachment C, Page 1 of 5
RTP FY16-17
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 financial assistance in its fiscal year, and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must
be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at htt s://a s.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index,cfm '
State of Florida's website at http://www.myflorida,com ,
Department of Financial Services' Website at http://www.fldfs,com/ and the Auditor General's Website at
htti)://www.state.fl.us/audp-en.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
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. T1715, Attachment C, Page 2 of 5
RTP rr16-17
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, and2 CFR §
200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as
revised, and 2 CFR § 200.501(a) should be submitted to the Federal Audit Clearinghouse), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised, and 2 CFR § 200.512.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
DEP Agreement No. T1715, Attachment C, Page 3 of 5
RTP FY16-17
Electronically:
FDEPSingleAudit&dep.state.fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART 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.statc.fl.us
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its
designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure
that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief
Financial Officer, or Auditor General upon request for a period of 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. T1715, Attachment C, Page 4 of 5
RTP FY16-17
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci fent 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
$200,000
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number Funding Source
CSFA Title State
State CSFA or Appropriation
Fiscal Year Number Funding Source Description Funding Amount Category
Total Award 1 $200,000 V,�
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] and/or the Florida Catalog of State Financial Assistance (CSFA) [https:9/apps.fldfs.com/fsaa/searchCataloa.aspxl. 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. T1715, Attachment C, Page 5 of 5
RT? FY16-17
ATTACHMENT D
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
1-1 a. contract
F-1 a. bid/offer/application
❑a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post -award
For Material Change Only:
d. loan
year quarter
❑ e. loan guarantQ
date of last report
f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
Prime Subawardee
and Address of Prime:
Tier if known:
Congressional District, if known : 4c
Congressional 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 b. Individuals Performing Services (including address if
( if individual, last name, first name, Ml): different from No. 10a )
(last name, first name, Ml):
11 . Information requested through this form is authorized by title 31 U.S.C. section
Signature:
1352. This disclosure of lobbying activities is a material representation of fact
Print Name:
upon which reliance was placed by the tier above when this transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information
Title:
will be available for public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than $10,000 and not more
Telephone No.: Date:
than $100,000 for each such failure.
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
DEP Agreement No. T1715, Attachment D, Page 1 of 2
RTP FY16-17
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
a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required
for each payment or agreement to make payment to any lobbying entity 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 a
coveredfederalaction. Complete all 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 appropriate classification of this report. If this is a follow-up 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 last previously submitted report by this reporting entity for this covered Federal
action.
4. Enterthe full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification
of the reporting entity that designates if 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, sub -grants 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 Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enterthe Federal program name or description for the covered Federal action (item 1). If known, enterthe full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, 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 (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number
assigned by the Federal agency). Include prefixes, 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 comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this
DEP Agreement No. T1715, Attachment D, Page 2 of 2
RTP PY16-17
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-Dole 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.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 Standards - Contracts and sub -grants 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 sub -grants
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 EO
13166 "Improving Access to Services for Person with Limited English Proficiency (LEP)"; (b)
DEP Agreement No. T1715, Attachment E, Page 1 of 7
RTP FY16-17
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 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, 0) 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 Guidance 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 (`BIT"). 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. ov). 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 a non -Federal entity upon
completion of the Federal award or when the property is no longer needed. Additionally, upon
termination or completion of the 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 O, 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. T1715, Attachment E, Page 2 of 7
RTP FY16-17
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 $10,000 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)(2)(C) 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(b)(2),
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 sub -grantees 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. T1715, Attachment E, Page 3 of 7
RTP rr16-17
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(b)(4); (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(b)(1) 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 law prohibits the use of convict labor for construction projects within the right-
of-way of a 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. If an
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 labor. 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. T1715, Attachment E, Page 4 of 7
RTP FY16-17
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); 0) 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 E.O.
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 of race, 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 the 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, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm 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 residence 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 Geospatial 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 Plans 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
funds 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. T1715, Attachment E, Page 5 of 7
RTP FY16-17
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 (P.L. 112-239).
(b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce, of the employee whistleblower rights and protections under
41 U.S.C. 4712.
(c) The recipient shall insert this clause, including this paragraph (c), in all subawards and in
contracts over the simplified acquisition threshold related to this award.
41. Restrictions on Internal Confidentiality Agreements (U.S. 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.O. 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 running 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 term does not include glancing at or listening to a
navigational device that is secured in a commercially designed holder affixed 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. T1715, Attachment E, Page 6 of 7
RTP PY16-17
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. T1715, Attachment E, Page 7 of 7
RTP FY16-17
ATTACHMENT F
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. 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. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide 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 Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form 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 service provider.
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding 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 -tier subcontractor
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.
DEP Agreement No. T1715, Attachment F, Page 1 of 11
RTP FY16-17
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 determined 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.
IL NONDISCRIMINATION
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 $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable 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, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title 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(b) and, for all construction 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 including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
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 to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
this contract. The provisions of the Americans with Disabilities
Act of 1990 (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 to all
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; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including 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
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All 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 following actions will be taken as a
minimum:
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. All 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 thecontractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in 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 employees.
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.
DEP Agreement No. T1715, Attachment F, Page 2 of 11
RTP FY16-17
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 precluded 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 the contractor's
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 employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will 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 will
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 of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
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 workforce requirements and
as permissible under Federal and State regulations, the
contractor shall 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 will 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 applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies 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 will 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 skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall 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 will,
through independent recruitment efforts, fill 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 exclusive 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 shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants/
Employees with Disabilities: The contractor must befamiliar
DEP Agreement No. T1715, Attachment F, Page 3 of 11
RTP FY16-17
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all 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 shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance 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 work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting 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, thecontractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. 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 contractor's 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 clocks, 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 shall 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 are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following 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-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will 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
DEP Agreement No. T1715, Attachment F, Page 4 of 11
RTP FY16-17
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 weekly period.
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
skill, 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
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
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 shall require that any class of
laborers or mechanics, including helpers, which is not listed 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 bythe
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 (if known), or their
representatives, and the contracting officer agree on the
classification and wage 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, will 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 classification 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 shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
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
will notify the contracting officer within the 30 -day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this
section, shall be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall 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 set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department 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 full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including 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 shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security 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), daily 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 -
DEP Agreement No. T1715, Attachment F, Page 5 of 11
RTP FY16-17
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
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 shall 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 prescribed 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 shall not be included
on weekly transmittals. Instead the payrolls shall 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 WH -347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each 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 contracting agency.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," 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 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under § 5.5 (a)(3)(i) 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 laborer 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.
(3) The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH -347
shall 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 title 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. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Departmentof
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually 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 shall not be greater than the ratio
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, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
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
DEP Agreement No. T1715, Attachment F, Page 6 of 11
RTP FY16-17
rate specified in the applicable wage determination.
Apprentices shall 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 full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
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 journeymen on the job site shall not be
greater than permitted 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 shall
be paid fringe benefits in 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 listed 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 less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee 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 determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined 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 shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill 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 time 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 terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in 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 shall be responsible forthe
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses 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.
8. Compliance with Davis -Bacon and Related Act
requirements. All 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 this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth 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 of eligibility.
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 Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to anyperson
or firm 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.
DEP Agreement No. T1715, Attachment F, Page 7 of 11
RTP FY16-17
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses 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 permit 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-half times the basic rate of pay for all 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 shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, tosuch
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including 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
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall 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 determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall 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 prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
V. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable 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 items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's 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 prime
contractor meets all of the following conditions:
(1) the prime contractor maintains 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 ultimately responsiblefor
the payment of predetermined minimum wages, 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 thecontract.
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 subcontract is
DEP Agreement No. T1715, Attachment F, Page 8 of 11
RTP FYI6-17
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.
VI. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i s applicable to all Federal -aid
construction contracts and to all 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, to be
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 shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
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, shall 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).
VII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T h i s p r o v i s i o n i s applicable to all Federal -aid
construction contracts and to all related subcontracts.
In order to assure high quality 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 possible. Willful 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 acts, 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 all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"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, in
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 provisions of the Federal -aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amendec
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
VIII. IMPLEMENTATION OF CLEAN AIRACTAND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all 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 follows: .
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 Air Act.
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.
IX.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
first 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 participation in this
DEP Agreement No. T1715, Attachment F, Page 9 of 11
RTP FY16-17
covered transaction. The prospective first tier participant shall
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 this transaction.
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 knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall 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 certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. 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. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or sub -grantee of Federal funds and a participant
(such as the prime or general contract). "Lower Tier Covered
Transactions" refers 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 sub -grantee 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).
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 excluded 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 clause 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 all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 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 (https://www.epis.gov/), which is
compiled by the General Services Administration.
i. Nothing contained in the foregoing shall 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 person in the ordinary course of business dealings.
j. 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 Government, the
department or agency may terminate this transaction forcause
or default.
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 its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded 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 contract under
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 stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly 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 unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier 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 out below.
b. The certification in this clause 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
DEP Agreement No. T1715, Attachment F, Page 10 of 11
RTP FY16-17
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns 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 sub-
grantee 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 sub -grantee 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 shall not knowingly 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 will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
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 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 (httos://www.epls.goyn, which is
compiled by the General Services Administration.
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 normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a 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 Government, the
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:
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
ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
X. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts which exceed
$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:
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 influence an officer or employee o
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.
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 contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions.
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 31
U.S.C. 1352. 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.
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 all lower tier subcontracts,
which exceed $100,000 and that all such recipients shall
certify and disclose accordingly.
DEP Agreement No. T1715, Attachment F, Page 11 of 11
RTP FY16-17
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
on-site work, shall 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 collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1 c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph(4)below.
2. The contractor shall place ajob order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required 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
during 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 shall 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 following 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
applicants to the contractor, or less than the number requested,
the State Employment Service will forward a certificate to the
contractor indicating the unavailability 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 (1 c) 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 shall 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-sitework.
ATTACHMENT G
REGULATIONS
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 Uniform administrative requirements, cost principles, and audit requirements for
1201 Federal awards
2 CFR 1200 Nonprocurement Suspension and Debarment
48 CFR 31 Contract Cost Principles and Procedures
Office of Management and Budget Guidance
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, Audit Requirements
Subpart F
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. T1715, Attachment G, Page 1 of 1
RTP FY16-17