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<br /> <br />ARTICLE III -MANAGEMENT AND MAINTENANCE OF PROPERTY <br />l . ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, <br />developed, rehabilitated, or restored for its intended public use until such time as the parties might amend <br />this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or <br />its successors in interest in the property may transfer this obligation and responsibility to maintain and <br />operate the property to another public entity. <br />2. Upon ADMINISTERING AGENCY acceptance of the completed Federal-aid construction <br />contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of <br />the work, the agency having junsdiction over the PROJECT shall maintain the completed work in a <br />manner satisfactory to the authorized representatives of STATE and the United States. If, within 90 days <br />after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING <br />AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not <br />satisfactorily remedied the conditions complained of, the approval of future Federal-aid projects of <br />ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of <br />maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of this <br />section shall not apply to a PROJECT which has. been vacated through due process of law. <br />3. The maintenance referred to in pazagraph 2, above, includes not only the physical condition <br />of the PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well-trained <br />staff of engineers and/or such other professionals and technicians as the project requires. Said <br />maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a <br />contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at <br />regulaz intervals or as required for efficient operation of the complete PROJECT improvements. <br />ARTICLE liV -FISCAL PROVISIONS <br />1. The PROJECT, or portions thereof, must be included in aFederally-approved Statewide <br />Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of .the <br />"Request for Authorization." <br />2. State and Federal funds will not participate in PROJECT work performed in advance of <br />approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT <br />between STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to <br />Proceed." <br />3. ADMINISTERING AGENCY may submit invoices in arrears for reimbursement of <br />participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT PROGRAM <br />SUPPLEMENT has been executed by STATE and the PR-2 has been executed by FHWA. The total of all. <br />amounts claimed, plus any required matching funds, must not exceed the actual total allowable costs of all <br />completed engineering work, right of way acquisition, and construction. <br />4. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall include <br />this AGREEMENT number, Federal-aid project number, and Progress billing number for the PROJECT, <br />and shall be in accordance with REENGINEERED PROCEDURES. <br />5. The estimated total cost of PROJECT, the amounts of Federal-aid programmed, and the <br />matching amounts agreed upon may be adjusted by mutual consent of the parties hereto in a Finance <br />Letter/Detail Estimate and a PR-2 document which are to be considered as part of this AGREEMENT. <br />Federal-aid program amounts may be increased to cover PROJECT cost increases only if such funds are <br />available and FHWA concurs with that increase. <br />4 <br />11/29/95 <br />