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GRANT AGREEMENT <br /> in writing by the Department. Specific unallowable costs may be listed in Exhibit"A", Project <br /> Description and Responsibilities. <br /> 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, <br /> economical, and efficient manner, and in accordance with the provisions in this Agreement and all <br /> applicable laws. <br /> a. Necessary Permits Certification. The Agency shall certify to the Department that the <br /> Agency's design consultant and/or construction contractor has secured the necessary permits. <br /> b. Right-of-Way Certification. If the Project involves construction,then the Agency shall provide <br /> to the Department certification and a copy of appropriate documentation substantiating that all <br /> required right-of-way necessary for the Project has been obtained. Certification is required <br /> prior to authorization for advertisement for or solicitation of bids for construction of the Project, <br /> even if no right-of-way is required. <br /> c. Notification Requirements When Performing Construction on Department's Right-of- <br /> Way. In the event the cost of the Project is greater than$250,000.00, and the Project involves <br /> construction on the Department's right-of-way, the Agency shall provide the Department with <br /> written notification of either its intent to: <br /> i. Require the construction work of the Project that is on the Department's right-of-way <br /> to be performed by a Department prequalified contractor, or <br /> ii. Construct the Project utilizing existing Agency employees, if the Agency can <br /> complete said Project within the time frame set forth in this Agreement. <br /> d. _ If this box is checked,then the Agency is permitted to utilize its own forces and the following <br /> provision applies: Use of Agency Workforce. In the event the Agency proceeds with any <br /> phase of the Project utilizing its own forces,the Agency will only be reimbursed for direct costs <br /> (this excludes general overhead). <br /> e. _If this box is checked, then the Agency is permitted to utilize Indirect Costs: <br /> Reimbursement for Indirect Program Expenses (select one): <br /> i. _Agency has selected to seek reimbursement from the Department for actual indirect <br /> expenses(no rate). <br /> ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct <br /> costs. Note: The de minimus rate is available only to entities that have never had a <br /> negotiated indirect cost rate. When selected, the de minimus rate must be used <br /> consistently for all federal awards until such time the agency chooses to negotiate a <br /> rate. A cost policy statement and de minimis certification form must be submitted to <br /> the Department for review and approval. <br /> iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A <br /> federally approved rate agreement or indirect cost allocation plan (ICAP) must be <br /> submitted annually. <br /> f. Agency Compliance with Laws,Rules,and Regulations,Guidelines,and Standards.The <br /> Agency shall comply and require its contractors and subcontractors to comply with all terms <br /> and conditions of this Agreement and all federal, state, and local laws and regulations <br /> applicable to this Project. <br /> g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility <br /> for resolving claims and requests for additional work for the Project. The Agency will make <br /> 61 <br />