c. If the State acquires more lands, easements, or rights-of-way than are necessary for
project purposes, as determined by the Government, then only the value of such portions shall be
included in Total Annual Program Costs and credited to the State's share.
d. Credit for lands, easements, and rights-of-way in the case of involuntary acquisitions
which occur within a one-year period preceding the date this Agreement is signed or which occur
after the date this Agreement is signed will be based on court awards, or on stipulated settlements
that have received prior Government approval.
e. For lands, easements, or rights-of-way acquired by the State within a five-year period
preceding the date this Agreement is signed, or any time after this Agreement is signed, credits
provided under this paragraph will also include the actual incidental costs of acquiring the interest,
e.g., closing and title costs, appraisal costs, survey costs, attorney's fees, plat maps and mapping
costs, as well as the actual amounts expended for any relocation assistance provided in
accordance with the obligations under this Agreement.
ARTICLE V - CONTRACT MANAGEMENT
a. To provide for consistent and effective communication between the State and the
Government during the term of the control Program, the State and the Government shall appoint
representatives to coordinate on scheduling, plans, specifications, modifications, contract costs,
and other matters relating to the Program.
b. The representatives appointed above shall meet as necessary during the period of
construction (the contract for control operations), or the term of the Program, and shall make
such recommendations as they deem warranted to the Contracting Officer.
c. The Contracting Officer shall consider the recommendations of the representatives in
all matters relating to the Program, but the Contracting Officer, having ultimate responsibility for
conduct of the Program, has complete discretion to accept, reject, or modify the recommendation.
ARTICLE VI - METHOD OF PAYMENT
a. The State shall implement the Program in accordance with the
Work Plan and
the Government shall, during the period of construction and operation, subject to appropriations,
reimburse the State the amount necessary to ensure the Government's share equals 50 percent of
the total project cost.
b. The Government shall pay its share of total costs in proportion to the rate of
expenditures by the State in accordance with the following provisions:
(1) After initiation of the Program, the Government will, subject to paragraph b. below,
make monthly payments upon receipt from the State of properly executed and duly certified
invoices covering services satisfactorily performed during the preceding month. All monthly
payments by the Government shall take into account any project costs incurred by the
Government for the stated time period.
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