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Local Agency Agreement Page 5 <br /> High Priority Project <br /> 12/16/99 <br /> ATTACHMENT NO. 1 TO AGREEMENT #17483 <br /> SPECIAL PROVISIONS <br /> 1. Agency, or consultant, shall conduct the necessary preliminary engineering and <br /> design work required to produce final plans, specifications and cost estimates; <br /> purchase all necessary right-of-way; obtain all required permits; arrange for all utility <br /> relocations or reconstruction; perform all construction engineering, including all <br /> required materials testing and quality documentation; and prepare necessary <br /> documentation to allow State to make all contractor payments. <br /> 2. Agency guarantees the availability of Agency funding in an amount required to fully <br /> fund Agency's share of the Project cost. Prior to award of the contract, the Project <br /> cost is defined as the Engineer's Estimate plus 10 percent. <br /> 3. Agency shall, at its own expense, maintain and operate the Project upon completion <br /> at a minimum level that is consistent with normal depreciation and/or service <br /> demand. <br /> <br /> 4. Agency shall maintain and account for the federal and/or state financial interest in <br /> Project property and assets. <br /> 5. If private property is to be improved as a part of Project, Agency shall, upon <br /> completion of Project and as a condition to this agreement, complete and file with <br /> the appropriate County Clerk, an Acknowledgment of Federal Assistance, which is <br /> attached hereto as Exhibit C, and by this reference is made a part hereof. Agency <br /> shall provide confirmation of this filing by forwarding to the State's Region #2 <br /> Manager a conformed copy of the recorded Exhibit C. By means of said <br /> acknowledgment, alien shall be established against said property and assets <br /> subject to the satisfaction of Agency's financial obligations, the continued use of said <br /> property for public purposes, and the maintenance of the facility or service at a level <br /> consistent with normal depreciation and/or demand. State's interest in said property <br /> is proportional to the federal and state participation in Project. <br /> 6. Agency understands that the federal funding is allocated over asix-year period. If <br /> Agency wishes to construct the Project prior to the sixth year, which is Federal <br /> Fiscal Year 2003, Agency must deposit sufficient funds to State to cover all Project <br /> costs in excess of currently available federal funds. As federal funds become <br /> available, Agency will be reimbursed that portion of the advance deposit. These <br /> funds must be deposited per-paragraph 22 of the Standard Provisions. <br /> 7. Maintenance responsibilities shall survive any termination of this agreement. <br /> <br />