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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
<br />Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
<br />acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
<br />agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
<br />10. Status Reports.
<br />The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
<br />Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
<br />period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting
<br />period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly
<br />reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
<br />31, June 30, September 30 and December 31. The Department will review the required reports submitted by
<br />Grantee within thirty (30) days.
<br />11. Retainage.
<br />The following provisions apply if Department withholds retainage under this Agreement:
<br />a. The Department reserves the right to establish the amount and application of retainage on the work performed
<br />under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
<br />Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
<br />of all deliverables.
<br />b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall
<br />forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
<br />limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
<br />was actually performed. The Department shall provide written notification to Grantee of the failure to perform
<br />that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
<br />stated in Department's notice, the retainage will be forfeited to Department.
<br />c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
<br />d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
<br />Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
<br />procedures under this Agreement.
<br />12. Insurance.
<br />a. Insurance Requirements for Sub -Grantees and/or Subcontractors The Grantee shall require its sub -grantees
<br />and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
<br />described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to
<br />make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
<br />to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request.
<br />b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
<br />deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
<br />Grantee providing such insurance.
<br />c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
<br />demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
<br />any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
<br />Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
<br />insured authorization, or other certification of self-insurance.
<br />d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
<br />reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
<br />cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
<br />proof of such replacement coverage within ten (10) days after the cancellation of coverage.
<br />e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add
<br />the Department of Environmental Protection, its employees, and officers as an additional covered party
<br />everywhere the Agreement requires them to be added as an additional insured.
<br />13. Termination.
<br />a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
<br />terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
<br />notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
<br />specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
<br />work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
<br />Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
<br />Attachment 1
<br />5of12
<br />Rev. 10/3/2022
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