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Appendix D 2010-0499-53 <br /> Page 5 of 18 <br /> WHEREAS,the governing board of the University has agreed to participate in certain costs and to <br /> assume certain responsibilities in the manner and to the extent as hereinafter set out;and, <br /> WHEREAS,this Agreement is made under the authority granted to the Department by the North <br /> Carolina General Assembly including,but not limited to,the following applicable legislation:General <br /> Statutes of North Carolina(NCGS)Section 136-66.1,Section 136-71.6, Section 160A-296 and 297, <br /> Section 136-18, Section 136-41.3 and Section 20-169,to participate in the planning, construction <br /> and/or implementation of the Project approved by the Board of Transportation. <br /> NOW,THEREFORE,this Agreement states the promises and undertakings of each party as herein <br /> provided,and the parties do hereby covenant and agree,each with the other,as follows: <br /> 1. GENERAL PROVISIONS <br /> FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT <br /> All parties to this Agreement,including contractors, subcontractors, and subsequent workforces, <br /> associated with any work under the terms of this Agreement shall provide reports as required by <br /> the Federal Funding Accountability and Transparency Act(FFATA)for this Project. <br /> AGREEMENT MODIFICATIONS <br /> Any modification to this Agreement will be agreed upon in writing by all parties prior to being <br /> implemented. <br /> Any increases to the funding amount will be agreed upon by all parties by means of a <br /> Supplemental Agreement. <br /> LOCAL PUBLIC AGENCY TO PERFORM ALL WORK <br /> The University shall be responsible for administering all work performed and for certifying to the <br /> Department that all terms set forth in this Agreement are met and adhered to by the University <br /> and/or its contractors and agents. The Department will provide technical oversight to guide the <br /> University. The Department must approve any assignment or transfer of the responsibilities of <br /> the University set forth in this Agreement to other parties or entities. <br /> PERSON IN RESPONSIBLE CHARGE <br /> Agreement ID#3777 2 <br />