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zt. vvni arrange ana pay for any necessary location, removal, or relocation of utilities. EWP program regulations prohibit
<br />NRCS from reimbursing the Sponsor or otherwise paying for any such costs; nor do the costs qualify as a Sponsor cost -
<br />share contribution.
<br />28. Ensure that technical and engineering standards and specifications of NRCS are adhered to during construction of
<br />the Project, as interpreted by NRCS Government Representative (GR). Provide NRCS Program/Technical Contact and
<br />GR progress reports every 2 weeks after execution of the agreement. Progress reports should include work
<br />accomplished for the period, technical on-site inspections, work planned, results of material tests, deficient work
<br />products and/or tests with corrective actions taken, modifications anticipated, technical problems encountered,
<br />contractual issues and other relevant information.
<br />29. Ensure that all contractors on NRCS assisted projects are performing their work in accordance with OSHA
<br />regulations and the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department
<br />of Labor regulations (29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor's compliance
<br />with safety requirements.
<br />30. Arrange for and conduct final inspection of completed project with NRCS to determine whether all work has been
<br />performed in accordance with contractual requirements. Provide a Professional Engineer (PE) certification that the
<br />Project was installed in accordance with approved plans and specifications. For debris removal only sites, certification
<br />does not need to be from a PE.
<br />31. Provide PE -certified as -built drawings and quantities for the project. A copy of the as -built drawings will be
<br />submitted to the NRCS Program/Technical Contact. For debris removal only sites, as -built drawings do not need to be
<br />certified by a PE.
<br />32. Pay the contractor(s) for work performed in accordance with the agreement and submit a SF -270, "Request for
<br />Advance or Reimbursement" to the NRCS Program/Technical Contact with all documentation to support the request.
<br />Payments can be requested as frequently as monthly. Final payment request shall be submitted within 90 calendar days
<br />of completion of the EWP project measures. Payments will be withheld until all required documentation is submitted and
<br />complete.
<br />a. The required supporting documentation for reimbursement of construction costs include invoices and proof of payment
<br />to the contractor showing the items and quantities installed and certified by the engineer of record along with any
<br />supporting documentation such as quantity calculations, rock weight tickets, etc.
<br />b. The required supporting documentation for reimbursement of in-kind construction expenses will include employee time
<br />sheets, employee hourly rate, equipment operating logs, equipment hourly rate, and material quantities and invoices.
<br />c. The required documentation for reimbursement of technical and administrative services will be invoices and proof or
<br />payment to consultants and/or employee time sheets along with the employee's hourly rate, hours worked, and date
<br />work was performed.
<br />33. Ensure that information in the System for Award Management (SAM) is current and accurate until the final financial
<br />report (SF -425) under this award or final payment is received, whichever is later.
<br />34. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the
<br />contract(s) awarded under this Agreement. This includes, but is not limited to disputes, claims, protests of award, source
<br />evaluation, and litigation that may result from the Project. Such actions will be at the expense of the Sponsor, including
<br />any legal expenses. The Sponsor will advise, consult with, and obtain prior written concurrence of NRCS on any
<br />litigation matters in which NRCS could have a financial interest.
<br />35. Sponsor must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages,
<br />claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Sponsor in connection
<br />with its acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement.
<br />Further, the Sponsor agrees that NRCS will have no responsibility for acts and omissions of the Sponsor, its agents,
<br />successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the
<br />Emergency Watershed Protection Program pursuant to this agreement that result in violation of any laws and regulations
<br />that are now or that may in the future become applicable.
<br />36. Retain all records dealing with the award and administration of the contract(s) for 3 years from the date of the
<br />Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved, whichever is
<br />longer. If any litigation is started before the expiration of the 3 -year period, records are to be retained until the litigation is
<br />resolved or the end of the 3 -year period, whichever is longer. Make such records available to the Comptroller General of
<br />the United States or his or her duly authorized representative and accredited representatives of the Department of
<br />Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcriptions.
<br />Pana R of 14
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