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all in-kind construction services shall not exceed $150,000 or 25 percent (whichever is <br />less) of the total actual cost of the works of improvements described in Section A and in <br />accordance with Section B.4 of this agreement. In-kind construction services shall not <br />exceed published FEMA rates unless otherwise documented and concurred by NRCS. <br />In-kind services will not be reimbursed for in-kind construction services provided by <br />the Sponsor. <br />4. Actual cost of construction will consist of contracts awarded to contractors plus eligible <br />Sponsor in-kind construction services of materials, labor, and equipment. The Sponsor <br />shall provide NRCS records to support costs incurred by the Sponsor. <br />5. Provide in-kind technical services (survey the site, design the project, develop <br />engineering plans and specifications, let and administer contracts, and inspect work <br />performed). The maximum value of in-kind technical services that will be reimbursed <br />to the Sponsor will not exceed 7.5 percent of the actual cost of constructing the <br />emergency watershed protection measures described in Section A and in accordance <br />with Section B.4 of this agreement. <br />6. Acquire needed real property rights (land and water), permits, and licenses in <br />accordance with State and Federal laws at no cost to NRCS. Provide certification <br />(signed NRCS-ADS-78) that real property rights have been obtained for works of <br />improvement described in Section A supported by an attorney's opinion attached <br />thereto. Certification shall be provided to NRCS prior to solicitation for installation of <br />the works of improvement. <br />7. Accept all financial and other responsibility for excess costs resulting from their failure <br />to obtain or their delay in obtaining adequate land and water rights, permits, and <br />licenses needed for the work described in Section A. <br />8. Take reasonable and necessary actions, including legal action, if required, to dispose of <br />any and all contractual and administrative issues arising out of the contract(s) awarded <br />under this agreement to include but not be limited to, disputes, claims, protests of <br />award, source evaluation, and litigation that may result from the project, and bringing <br />suit to collect from the contractor any moneys due in connection with the contract. Any <br />monies collected will be distributed to the parties in the same ratio as contributions are <br />made. <br />9. Comply with the requirements of the provisions included in Attachment A to this <br />agreement. If applicable, complete the attached "Clean Air and Water Certification" <br />included in Attachment A. <br />10. Hold a pre -design conference with the Sponsor, Sponsor's design engineer, and NRCS. <br />The design conference shall set forth design parameters concurred by both the Sponsor <br />and NRCS. <br />11. Prior to commencement of work and/or solicitation of bids, submit for NRCS review, <br />the preliminary design, construction specifications, and drawings prepared in <br />accordance with standard engineering principles and design parameters set forth in the <br />pre -design conference. <br />12. Prior to commencement of work and/or solicitation of bids, submit for NRCS review <br />the Quality Assurance Plan (QAP). The QAP shall outline technical and administrative <br />expertise required to ensure the works of improvement are installed in accordance with <br />the plans and specifications, identify individuals with the expertise, describe items to be <br />