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C. Project Execution
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<br /> 1. It is understood by the parties hereto that this agreement shall not obligate State of California funds for the
<br /> project costs described heroin. The participant hereby promises, in consideration of the promises made by the
<br /> Liaison Officer heroin, to execute the project stage described heroin, in accordance With the terms of this agree-
<br /> ment. Any disbursement hereunder shall not be made untess and until funds therefor are received by the Liaison
<br /> Officer from the Heritage Conservation and Recreation Service. This item shall not apply when the participant is
<br /> an agency of the State of California.
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<br /> 2, The Liaison Officer hereby promises, in consideration of the promises made by the participant heroin, to accept
<br /> appropriated federal funds for the purposes of the project and disburse the same to reimburse the participant up
<br /> to 50 percent of the eligible project cost not to exceed E0 percent of the direct project cost shown in this
<br /> agreement; except for a surcharge for administrative costs to be applied to twice the federal share of direct
<br /> eligible project costs. The surcharge is to be deducted from the reimbursements received from the Federal
<br /> Government applicable to this project and will be computed at the faderally approved surcharge rate in effect
<br /> at the time the billing is submitted to the Federal Government.
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<br /> 3. The project period shall begin with the date of approval of the project agreement or the effective date of a
<br /> waiver of retroactlvity and shall terminate at the end of the stated or amended project period unless the project
<br /> is completed or terminated sooner in which event the project period shall end on the date of completion or
<br /> termination. For project elements added to a consolidated project, the project period will begin on the date the
<br /> project element is approved.
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<br />4. The participant will cause work on the project to be commenced within a reasonable time after receipt of
<br /> notification that funds have been approved and assure that the project will be prosecuted to completion with
<br /> reasonable diligence.
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<br /> 5. The participant witl require the facility to be designed to comply with the "American Standard Specifications
<br /> for Making Buildings and Facilities Accessible co, and Usable by, the Physically Handicapped," Number
<br /> Al17.1-161, as modified (41 CFR 101-17.703), The State will be responsible for conducting inspections to
<br /> insure compliance with these specifications by the contractor.
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<br /> 6. The participant shall secure completion of the work in accordance with approved construction plans and spec-
<br /> ifications, and shall secure compliance with all applicable federal, state, local laws and regulations.
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<br /> 7. In the event the project covered bY the proiect agreement, including future stages of the project, cannot be
<br /> completed ~n accordance with the plans and specifications for the project; the participant shag bring the project
<br /> to a point of recreational usefulness agreed upon by the participant and, the Director or his designee, and the
<br /> Liaison Officer.
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<br /> 5. The participant wil] provide for and maintain competent and adequate architectural engineering supervision and
<br /> inspection at the construction site to insure that the completed work conforms with the approved plans end
<br /> specifications; that it witl furnish progress reports and such other information as the HCRS may require.
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<br /> 9. The participant Will comply with the terms of Title II and Title II I, the Uniform Helpcaliph Assistance and Real
<br /> Property Acguisition Policies Act of 1970 (P.L. 91~46], 94 Scat. 1894 (1970), and the applicable regulations
<br /> and procedures implementing such Act for all real property acquisitions and where applicable shall assure that
<br /> the Act has been complied with for property to be developed with assistance under the project agreement.
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<br />10. The participant wil~ comply with the provisions of: Executive Order 11988, relating to evaluation of flood
<br /> hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and
<br /> Executive Order 11990, relating to the protection of wetlands.
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<br />11. The participant will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
<br /> Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31,1976. Section 102(a)
<br /> requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is
<br /> available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes
<br /> for use in any area that has been identified by the Secretary of the Department of Housing and Urban Develop-
<br /> ment as an area having special flood hazards. The phrase "federal financial assistance" includes any form of Joan,
<br /> grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct
<br /> or indirect federal assistance.
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<br />12. The participant will insure that the facilities under its ownership, lease or supervision which shag be utilized in
<br /> the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Vio-
<br /> lating Facgities, pursuant to 40 CFR, Par~ 15.20 and that it wig notify the State and HCRS of the receipt of
<br /> any communication from the Director of the EPA Office of Federal Actvillas indicating that a facility to be
<br /> utilized in the project is under consideration for iisting by the EPA. The participant agrees to comply with all
<br /> applicable standards, orders, or regulatlons issued pursuant to the Clean Air Act of 1970. The participant further
<br /> agrees to insert this ctause into any contract or subcontract in excess of $100,000,
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<br />13. The participant will assist the State and HCRS in its compliance with Section 106 of the National Historic
<br /> Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and
<br /> Historic Preservation Act of 1966 [16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Pros-
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