Laserfiche WebLink
37. Be liable to the NRCS for damages sustained by the NRCS as a result of the contractor failing to complete the work <br />within the specified time. The damages will be based upon the additional costs incurred by the NRCS resulting from the <br />contractor not completing the work within the allowable performance period. These costs include but are not limited to <br />personnel costs, travel, etc. The NRCS will have the right to withhold such amount out of any monies that may be then <br />due or that may become due and payable to the Sponsor. This liability is not applicable to the extent that the contract <br />performance time is extended by court judgment unless such judgment results from actions of the Sponsor not <br />concurred in by NRCS. <br />38. Take necessary legal action, including bringing suit, to collect from the contractor any monies due in connection with <br />the contract, or upon request of NRCS, assign and transfer to NRCS any or all claims, demands, and causes of action of <br />every kind whatsoever that the Sponsor has against the contractor or his or her sureties. <br />39. Submit requests for a time extension to the agreement (if necessary) in writing no less than forty-five (45) days prior <br />to the expiration date of the agreement. Submit the written, signed request to the NRCS Program/Technical Contact. <br />B. NRCS will - <br />1. Assist Sponsor in establishing design parameters; determine eligible construction costs during the pre -design <br />conference. <br />2. Designate a Government representative (GR) to serve as liaison with the Sponsor and identify that person's contact <br />information with this executed agreement. <br />3. Review, comment and concur in preliminary and final plans, specifications, O&M Plan, Plan of Operations (if required) <br />and QAP. <br />4. Make periodic site visits during the installation of the EWP project measures to review construction progress, <br />document conformance to engineering plans and specifications, and provide any necessary clarification on the <br />Sponsor's responsibilities. <br />5. Upon notification of the completion of the EWP project measures, NRCS shall promptly review the performance of the <br />Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have been met. <br />6. Make payment to the Sponsor covering NRCS' share of the cost upon receipt and approval of Form SF -270 and <br />supporting documentation, withholding the amount of damages sustained by NRCS as provided for in this agreement. In <br />the event there are questions regarding the SF 270 and supporting documentation, NRCS will contact the Sponsor in a <br />timely manner to resolve concerns. <br />SPECIAL PROVISIONS <br />A. The furnishing of financial, administrative, and/or technical assistance above the original funding amount by NRCS is <br />contingent on there being sufficient unobligated and uncommitted funding in the Emergency Watershed Protection <br />Program that is available for obligation in the year in which the assistance will be provided. NRCS may not make <br />commitments in excess of funds authorized by law or made administratively available. Congress may impose <br />obligational limits on program funding that constrains NRCS's ability to provide such assistance. <br />B. 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 ratio 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 />C. Additional funds, including interest properly allocable as construction costs as determined by NRCS, required as a <br />result of decision of the CO or a court judgment in favor of a claimant will be provided in the same ratio as construction <br />funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds under any <br />agreement or commitment made by the Sponsor without prior concurrence of NRCS. <br />D. The State Conservationist may make adjustments in the estimated cost to NRCS set forth in this agreement for <br />constructing the EWP 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. No adjustment will be made to <br />change the cost sharing assistance provided by NRCS as set forth in this agreement, nor reduce funds below the <br />amount required to carry out NRCS' share of the contract. <br />E. Except for item D. above, this document may be revised as mutually agreed through a written amendment duly <br />executed by authorized officials of all signatory parties to this agreement. <br />Pana 7 of 1 d <br />