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10 <br /> authorized yaw or made administratively avai a e. Congress may impose obligational limits on program tunding that <br /> constrains NRCS's ability to provide such assistance. <br /> 2. In the event of default of a construction contract awarded pursuant to this agreement, any additional funds properly <br /> allocable as construction costs required to ensure completion of the job are to be provided in the same ration as <br /> construction funds are contributed by the parties under the terms of this agreement. Any excess costs including interest <br /> resulting from a judgment collected from the defaulting contractor, or his or her surety, will be prorated between the <br /> Sponsor and NRCS in the same ratio as construction funds are contributed under the terms of the agreement. <br /> 3. Additional funds, including interest properly allocable as construction costs as determined by NRCS, required as a <br /> result of decision of the contracting officer or a court judgment in favor of a claimant will be provided in the same ratio as <br /> construction funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds <br /> under any agreement or commitment made by the Sponsor without prior concurrence of NRCS. <br /> 4. The NRCS State Conservationist may adjust the estimated cost to NRCS set forth in this agreement for constructing <br /> the EWP program measures. Such adjustments may increase or decrease the amount of estimated funds that are <br /> related to differences between such estimated cost and the amount of the awarded contract or to changes, differing site <br /> conditions, quantity variations, or other actions taken under the provisions of the contract. <br /> 5. NRCS, at its sole discretion, may refuse to cost share should the Sponsor, in administering the contract, elect to <br /> proceed without obtaining concurrence as outlined in this agreement. <br /> 6. Once the project is completed and all requests for reimbursement submitted, any excess funding remaining in the <br /> agreement will be de-obligated from the agreement. <br /> Expected Accomplishments and Deliverables <br /> 1. Prepare analysis, design, construction specifications, and drawings in accordance with standard engineering <br /> principles that comply with NRCS programmatic requirements: contract/install the designed construction. All reports and <br /> drawings shall have the DSR number(s) on cover sheets and relevant plan sheets. Any structural design services (e.g. <br /> CPS 580—Streambank and Shoreline Stabilization)will be by a North Carolina professional registered engineer. <br /> Sponsor will obtain NRCS review and concurrence on the design, construction plans, and specifications. Debris removal <br /> plans (e.g. CPS 326—Clearing & Snagging)will be by a qualified individual. Sponsor will obtain NRCS review and <br /> concurrence on the design, construction plans, and specifications. The Sponsor must ensure description of work is <br /> reviewed, concurred, and approved by NRCS. The Sponsor must seek NRCS review for both the approximate 50% <br /> design, as well as the 100% design documentation. A copy of the final signed and sealed plans and specifications shall <br /> be provided to NRCS with the statement"To the best of my professional knowledge,judgment and belief, this site was <br /> constructed to meet the applicable NRCS standards" on the cover sheet(s). Structural measures should include the <br /> statement"Designed and installed EWP structures are considered emergency measures and are not designed to <br /> provide permanent protection against future storm events". <br /> 2. Contract for services and construction in accordance with the Code of Federal Regulations (CFR), 2 CFR§ 200.317 <br /> through 200.327, applicable State regulations, and the Sponsor's procurement regulations, as appropriate. (See General <br /> Terms and Conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR§ 200.327, contracts <br /> must contain the applicable provisions described in Appendix II to Part 200. Davis-Bacon Act would not apply under this <br /> Federal program legislation. <br /> 3. Provide copies of site maps and plans to appropriate Federal and State agencies for environmental review. Sponsor <br /> will notify NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as <br /> copies of all permits, licenses, and other documents required by Federal, State, and Local statutes and ordinances prior <br /> to solicitation for installation of the EWP program project measures. All modifications to the plans and specifications <br /> shall be reviewed and concurred in by NRCS. <br /> 4. Prepare and submit for NRCS concurrence an Operation and Maintenance (O&M) Plan, if applicable, prior to <br /> commence of work. The O&M Plan shall describe the activities the Sponsor will do to ensure the project performs as <br /> designed. Upon completion of the project measures, the Sponsor shall assume responsibility for operation and <br /> maintenance. If a private landowner is to take over O&M responsibilities, Sponsor& Landowner shall sign an O&M <br /> agreement prepared by Sponsor legal team. Sponsor shall provide landowner with O&M guidelines, a copy of as-built <br /> drawings, and note any deed/declaration requirements for the lands. Clearing & Snagging (Conservation Practice <br /> Standard Code 326) projects do not require an O&M plan. <br /> 5. Prior to commencement of work and/or solicitation of bids, submit for NRCS review and concurrence a Quality <br /> Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the EWP <br /> Page 7 of 10 <br />