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authorized yaw or made administratively available , Congress may impose obligational limits on program funding 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 § 2000317 <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 />