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• <br /> • <br /> e <br /> 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 PROJECT. <br /> 5. The PROGRAM SUPPLEMENT shall designate the party responsible for implementing <br /> the various phases of the PROJECT, the Federal funds requested, and the matching funds to be provided <br /> by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by <br /> ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT to <br /> be executed and be a part of this AGREEMENT as though fully set forth herein. Unless otherwise <br /> expressly delegated in a resolution by the ADMINISTERING AGENCY's governing body, the <br /> • PROGRAM SUPPLEMENT shall be approved and managed by the ADMINISTERING AGENCY's <br /> governing body. <br /> 6. ADMINISTERING AGENCY shall conform to all State statutes, regulations and <br /> procedures (including those set forth in LPP 95 -07, "Reengineering," and subsequent approved revisions <br /> and Local Programs Manual updates, hereafter referred to as REENGINEERED PROCEDURES) relating <br /> to the Federal -aid Program, all Title 23 Federal requirements, and all applicable Federal laws, regulations, <br /> and policy and procedural or instructional memoranda, unless otherwise designated in the approved <br /> PROGRAM SUPPLEMENT. <br /> 7. If PROJECT involves work on the State highway system, it shall also be the subject of a <br /> separate 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 /> 8. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed inn <br /> accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe <br /> minimum statewide design standards for local agency streets and roads. The REENGINEERED <br /> PROCEDURES for projects 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 - approved <br /> standard specifications, standard plans, and materials sampling and testing quality assurance programs that <br /> meet the conditions described in the REENGINEERED PROCEDURES. <br /> . 9. When PROJECT is not on the State highway system but includes work to be performed by <br /> a railroad, the contract for 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 into an <br /> agreement with the railroad providing for future maintenance of protective devices or other facilities <br /> installed under the contract. <br /> 10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and <br /> inspection of each PROJECT. As provided in the REENGINEERED PROCEDURES, work may be <br /> performed by a consultant(s), provided a fully qualified and licensed employee of ADMINISTERING <br /> AGENCY is in responsible charge. <br /> 11. The Congress of the United States, the Legislature of the State of California, and the <br /> Govemor of the State of California, each within their respective jurisdiction, have prescribed certain <br /> employment practices with respect to work financed with Federal or State funds. ADMINISTERING <br /> AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES <br /> ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECT, and the <br /> NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY <br /> further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for <br /> 2 11/29/95 <br />