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Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and <br />defining the nature of that specific PROJECT. <br /> <br />4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY <br />responsible for implementing the various phases of the PROJECT, the State funding program, <br />and the matching funds to be provided by ADMINISTERING AGENCY and/or others. <br />Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY <br />and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM <br />SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the <br />ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT. <br />Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S <br />governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed <br />by the ADMINISTERING AGENCY's governing body. <br /> <br />5. PROJECT shall be acquired, designed, and constructed (a) as required in the Local <br />Assistance Program Guidelines, (b) such other STATE procedures as are identified in the <br />PROGRAM SUPPLEMENT, and (c) as is specified in this AGREEMENT. <br /> <br />6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING <br />AGENCY shall advertise, award, and administer the PROJECT construction contract or <br />contracts. <br /> <br />7. The estimated cost and scope of PROJECT will be as described in the PROGRAM <br />SUPPLEMENT and STATE funding participation is limited to the amounts established by <br />STATE. A contract awarded by ADMINISTRATING AGENCY for an amount in excess of said <br />approved estimate may exceed said PROGRAM SUPPLEMENT cost estimate provided (a) <br />ADMINISTERING AGENCY provides the necessary additional funding or (b) a PROJECT cost <br />increase in State funding is first requested by ADMINISTERING AGENCY and is approved by <br />STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved <br />encumbrance document adding (or deleting) PROJECT funds. <br /> <br />8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE <br />and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROGRAM <br />SUPPLEMENT, the ADMINISTERING AGENCY may request and receive payment for eligible <br />work as follows: <br /> <br /> (a) STATE will reimburse the STATE's share of eligible participating PROJECT costs <br />monthly in arrears upon ADMINISTERING AGENCY's submittal of signed acceptable monthly <br />progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING <br />AGENCY. <br /> <br /> (b) If PROJECT involves work on the STATE highway system, that PROJECT shall also <br />be the subject of separate standard forms of STATE encroachment permits issued to <br />ADMINISTERING AGENCY and any contractors and, where appropriate, an executed <br />cooperative agreement between STATE and ADMINISTERING AGENCY to determine how <br />PROJECT is to be acquired, designed, or constructed and to establish ownership and future <br />maintenance obligations. <br /> <br /> Page 2 of 9 1/5/00 <br /> <br /> <br />