2000 S ERCD - NC DENR Land and Water Conservation Project agreement

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III . PROJECT APPLICATION A . The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement . B . The Applicant possesses legal authority to apply for the grant , and to finance and construct the proposed facilities . A resolution , motion or similar action has been duly adopted or passed authorizing the filing of the application , including all understandings and assurances contained herein , and directing and authorizing the person identified as the official representative of the Applicant to act in connection with the application and to provide such additional information as may be required . C . The Applicant has the ability and intention to finance the non-Federal share of the costs for the project . Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project . IV . PROJECT EXECUTION A . The State and the Applicant mutually agree to perform this project agreement in accordance with the Land and Water Conservation Fund Act of 1965 , as amended (78 State 897 ) ; with the terms , promises , conditions , plans , specifications , estimates , proce - dures , maps and assurances submitted in conjunction with the project proposal for this agreement ; and with the terms and conditions of the Manual . Be The Applicant agrees to execute and complete the project in accordance with the time schedule set forth in the approved project proposal . Failure to render satisfactory progress or to complete this or any other project that is the subject of federal assistance under this program to the satisfaction of the State or the Director may be cause for the suspension of all obligations of the State under this agreement . C . Construction contracted for or performed by the Applicant shall meet the following requirements : 1 . Applicants shall follow state law awarding contracts for construction . a . Contracts for construction in excess of $ 50 , 000 require the use of the formal bid procedure . b . Contracts for construction of $ 5 , 000 to $ 50 , 000 require the use of the informal bid procedure . 2 . Contracts for construction shall comply with the provisions of 43 CFR Part 12 , Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments , 3 . Contracts for construction shall comply with the Office of Management and Budget Circular No . A - 87 , Cost Principles for State and Local Governments . Page - 3 -