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DocuSign Envelope 10: 6F1AAE42-985A-4942-47EA3FF58434 A TRUE COPY CERTIFICATION ON LAST PAGE $TAT=- Of rzcMw 3EPARTUP r 9F TPA93PCRTATICN RYAN L. 34J344,,"ERK PUBLIC TRANSPORTATION STR"rEWC DEVELOPMENT GRANT AGREEMENT occ=22 Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance costs agreed to oe home by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements, The Agency shall complete the Project with all practical dispatch ,n a sound, economical, and efficient manner, and in accordance with the provisions In this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. if the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documen?ation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no rilght-0f-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. in the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department`s right-of-way to be performed by a Department prequalified contractor, or L Construct the Project utilizing existing Agency employees, if the Agency zan complete said Project wi#tin the time frame set forth in this Agreement. d. _ if this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ if this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. _Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _Agency has selected to apply a de minimus rate of 1C%a to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii, _ Agency has selected to apply a state or federally approved indirect cost rate_ A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agercy shall comply and regjire its contractors and subcontractors to comply with all terms Page 6 of 24