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DocuSign Envelope ID: F6FCD225-662E-48FC-828D-76E279620BB0 <br />FPN: 439064-2-62-02 <br />Page 2 of 9 <br />NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint <br />participation of this Agreement, the parties agree as follows: <br />1. The term of this Agreement shall begin upon the date of signature of the last <br />party to sign and shall remain in full force and effect through completion of all services required <br />of the LOCAL GOVERNMENT. The DEPARTMENT may, at any time and at any stage, amend <br />or terminate the Project in whole or in part if the DEPARTMENT determines that such action is <br />in the best interests of the public. <br />2. The DEPARTMENT shall undertake and complete the CEI services for the <br />Project using the Federal -Aid Non -Participating Costs described in Exhibit "A". <br />3. The DEPARTMENT shall perform the CEI services for the Project. Nothing <br />herein shall be construed as requiring the DEPARTMENT to perform any activity which is <br />outside the scope of the Project as previously defined. Except as specifically stated otherwise <br />in this Agreement, all such activities shall be performed by such entities, at such times, in such <br />manner, under such conditions, and pursuant to such standards as the DEPARTMENT, in its <br />sole discretion, deems appropriate. The LOCAL GOVERNMENT shall not have any jurisdiction <br />or control over the DEPARTMENT'S activities, except as specifically stated in this Agreement. <br />The LOCAL GOVERNMENT shall be entitled to be advised of the progress of the Project at <br />reasonable intervals upon request. <br />4. Contribution by the LOCAL GOVERNMENT of the funds for the CEI phase of the <br />Project shall be made as follows: <br />(A) The LOCAL GOVERNMENT and the DEPARTMENT agree to share the <br />cost for CEI services of the Project. The LOCAL GOVERNMENT agrees to provide <br />100% of the Federal -Aid Non -Participating Costs required for the CEI services and the <br />DEPARTMENT agrees to provide the federal funds for the federal participating share of <br />the CEI services, up to $75,395.00 (Seventy -Five Thousand Three Hundred Ninety - <br />Five Dollars and No/100). <br />(B) The share of the LOCAL GOVERNMENT shall be, at a minimum, the <br />stated percentage of the actual Federal -Aid Non -Participating Costs of the project. <br />However, in the event the federal government fails to provide an amount which is equal <br />to the anticipated federal participating share, the LOCAL GOVERNMENT shall be <br />responsible for 100% of the funds required to make up the shortfall, including cost <br />overruns and/or supplemental agreements not paid by federal funds. The <br />DEPARTMENT is only responsible for the stated federal participating share as described <br />in paragraph 4(A). The Project is off the "State Highway System", therefore, in <br />