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<br />4 <br /> <br />PROFESSIONAL SERVICES CONTRACTS <br /> <br />Pursuant to Title 23 CFR 172, Procurement, Management, and Administration of Engineering <br />and Design Related Services, the following contract provisions should be included, either by <br />reference or by physical incorporation into the language of each contractor or subcontract, as <br />applicable. Provisions that are not already noted in 2 CFR 200 are in bold. <br />(i) Administrative, contractual, or legal remedies in instances where consultants violate or <br />breach contract terms and conditions, and provide for such sanctions and penalties as may <br />be appropriate; <br />(ii) Notice of contracting agency requirements and regulations pertaining to reporting; <br />(iii) Contracting agency requirements and regulations pertaining to copyrights and <br />rights in data; <br />(iv) Access by recipient, the subrecipient, FHWA, the U.S. Department of <br />Transportation's Inspector General, the Comptroller General of the United States, <br />or any of their duly authorized representatives to any books, documents, papers, <br />and records of the consultant which are directly pertinent to that specific contract <br />for the purpose of making audit, examination, excerpts, and transcriptions; <br />(v) Retention of all required records for not less than 3 years after the contracting <br />agency makes final payment and all other pending matters are closed; <br />(vi) Standard DOT Title VI Assurances (DOT Order 1050.2); <br />(vii) Disadvantaged Business Enterprise (DBE) assurance, as specified in 49 CFR <br />26.13(b); <br />(viii) Prompt pay requirements, as specified in 49 CFR 26.29; <br />(ix) Determination of allowable costs in accordance with the Federal cost principles; <br />(x) Contracting agency requirements pertaining to consultant errors and omissions; <br />(xi) Contracting agency requirements pertaining to conflicts of interest, as specified in <br />23 CFR 1.33 and the requirements of this part; and <br />(xii) A provision for termination for cause and termination for convenience by the contracting <br />agency including the manner by which it will be effected and the basis for settlement. <br />(xiii) All contracts and subcontracts exceeding $100,000 shall contain, either by reference or <br />by physical incorporation into the language of each contract, a provision for lobbying <br />certification and disclosure, as specified in 49 CFR part 20. <br /> <br />DocuSign Envelope ID: 569754E1-D2B6-4DBE-B14F-1579C72E692BDocuSign Envelope ID: 42768609-3F6E-4668-8792-E66DBE7E5727Docusign Envelope ID: 2874AF60-ADD3-4226-A198-01058F01CB2B