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4. ADMINISTERING AGENCY further agrees, as a condition to payment of funds obligated <br /> to a PROJECT, to comply with all the agreed-upon Special Covenants or Remarks attached to the <br /> PROGRAM SUPPLEMENT identifying and defining the nature of the specific PROJEC*f. <br /> <br /> 5. The PROGRAM SUPPI .F~MENT shall designate the party responsible for implementing <br /> the various phases of the PROYECT, th~ Fedend funds requested, and the matching funds to be provided <br /> 'by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPI-F-MENT by <br /> ADMINISTERING AGENCY and appwval by STATE sb:~ll cause such PROGRAM SUPPLEMENT to <br /> be executed and be a pan of this AGREEMENT as though fully set forth herein. Unless otherwise <br /> expressly delegated in a resolution by the ADMINISTER/NG AGENCY's governing body, the <br /> PROGRAM SUPPLEMENT shall be approved and managed by the ADMINISTERING AGENCY's <br /> goveming body. <br /> <br /> 6. ADMINISTER/NG AGENCY shall conform to all S~__nt~ statutes, regulations and <br /> procedures (including those set forth in LPP 95-07, "Reengineering," and subsequent appwved revisions <br />· . and Local Programs Manual updates, hereafter referred to as l~l~-NGIl~j=-Rl=-r} PROCEDURES) rehting <br /> to the Fedend-aid Program, all Title 23 Fedend requirements, and all applicable Fedend hws, regulations, <br /> and policy and procedural or insu'uctional memoranda, unless otherwise designated in the approved <br /> PROGRAM SUPPLEMENY. <br /> <br /> 7. ff PROJECT involves work on the State highway system, it shall also be the subject of a <br /> separat~ standard form of encroachment permit and, where appropriate, a cooperative agreement between <br /> STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be constructed. <br /> <br /> 8. ff PRO/BCT is not on STATE-owned right of way, PRO~F, CT shall be constructed in <br /> accordance with I~F3~NGINEERED PROCEDURES. The I~'F-NGINEERED PROCEDURES describe <br /> minimum statewide design standards for lecai agency streets and roads. The I~-NGINEERED <br /> PROCEDURES for pwjects off the National Highway System (NHS) allow the STATE to accept either <br /> the minimum statewide design standards or ADMINISTERING AGENCY-approved geometric design <br /> standards. Also, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-appwved <br /> standard specifications, standard plans, and materiah sampling and testing quality assurance programs that <br /> meet the conditions described in the REENGINEERED PROCEDURS. <br /> <br /> 9. When PROJECT is not on the State highway system but includes work to be performed by <br /> a railroad, the contract far such work shall be prepared by ADMINISTERING AGENCY or by STATE, <br /> as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter inw an <br /> agreement with the ndh'oad providing for future maintenance of protective devices or other facilities <br /> installed under the contracL <br /> <br /> 10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and <br /> inspection of each PROJECT. As provided in the REENGINEEI~F-r3 PROCEDURES, work may be <br /> pedormed by a consultant(s), provided a fully qualified and licensed employee of ADMINISTER/NG <br /> AGENCY is in responsible charge. <br /> <br /> 11. The Congress of the United State, the Legishture of the State of California, and the <br /> Governor of th~ State of Califonnin; each within their respe~ive jurisdiction, have prescribed certain <br /> employmere practices with respect to work financed with Federal or State funds. ADMINISTERING <br /> AGENCY agrees to comply with ~he requirements of the FAIR EMPLOYMENT PRACTICES <br /> ADDENDUM (Exhibit A attached hereto) whenever State funds finance pan of the PROJECT, and the <br /> NONDISCRIMINATION ASSURANCES (Exhibit B auached herew). ADMINISTERING AGENCY <br /> further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for <br /> <br /> 2 11/29/95 <br /> <br /> <br />