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<br />performed, certify the completed work. and prepare as-buill drawings). The maximum <br />value of in-kind technical services that will be reimbursed to the Sponsor will not <br />exceed 7.5 percent of the aClual eligible construction cost from contracts for <br />constructing the emergency watershed protection measures described in Section A and <br />in accordance with Section 8.5 and B.6 of this agreement. Costs lor in-kind technical <br />services utilized for Sponsor in-kind construction services are not eligible for <br />reimbursement. <br /> <br />9. Acquire needed real property rights (land and water). penn its. and licenses in <br />accordance with Local. State and Federal laws at no cost tu NRCS. Provide <br />certification (signed NRCS-ADS-78) that real property rights have been obtained for <br />works of improvement described in Section A supported by an allomey's opinion <br />attached thereto. Certification shall be provided to NRCS prior to solicitation for <br />installation of the works of improvement. <br /> <br />10. Accept all linancial and odler responsibility for excess costs resulting from their failure <br />to obtain or their.delay in obtaining adequate land and water rights. penn its, and <br />licenses needed for the works of improvement described in Section A. <br /> <br />II. Take reasonable and necessary actions. including legal action. if required. to dispose of <br />any and all contnlctual and administralive issues arising out of the COntnlct(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 /> <br />12. Comply with the requirements of the provisions included in Attachment A to this <br />agreement. Ifapplicable, complete the attached -Clean Air and Water Certification" <br />included in AlUlchment A. <br /> <br />13. Hold a prc-desiun 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 /> <br />14. Prior to commencement of work and/or solicitation of bids. submit for NRCS review. <br />the preliminary design, construction specifications. and engineering drawings prepared <br />in accordance with standard engineering principles and design parameters set forth in <br />the pre-design conference. <br /> <br />15. 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 instnlled in accordance with <br />the plans and specifications, identify individuals with the expertise, describe items to be <br />inspected, list equipment required for inspection. outline the frequeney and timing of <br />inspection (continuous or periodic). outline inspection procedures, and record keeping <br />requirements. <br /> <br />16. Upon receiving comments from NRCS. prepare the final design, conslrUction <br />specifications, and engineering drawings in accordance with standard engineering <br />principles. design parameters set forth in the pre-design conference. and the QAP. One <br />set of the final plans, specifications and QAP shall be submitted to NRCS for final <br />review and concurrence prior to solicitation of bids and/or commencement of work. <br /> <br />3 <br />