RES 97077 - Laserfiche WebLink

ARTICLE KI - MANAGEMENT AND MAINTENANCE OF PROPERTY 1. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or _. its successors in interest in the property may transfer ~ obligation and responsibility to maintain and operate the property to another public entity. 2. Upon ADMINISTERING AGENCY acceptance of the completed Fexleral-aid construction contract or upon contracwr being relieved of the responsibility for maintaining and protecting a pertion of the work, the agency having jurisdiction over the PROJECT shall maintain the comple~d work in a manner satisfactory w the authorized representatives of STATE and the United States. If, within 90 days after receipt of notice from STATE that a PROJECT, or any pertion thereof, under ADMINISTERING AGENCY's jurisdiction is not being properly mahtalned and ADMINISTERING AGENCY has not satisfacwrily remedied the conditions complained of, the approval of future Federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROIECT shall have been put in a condition of maintenance satisfactory to STATE and the Federal Highway Administration.' The pwvisions of this section shall not apply to a PROJECT which has been vaca~d fiu'ough due process of hw. 3. The maintenance referred to in paragraph 2, above, inchdes not only the physical condition of the PROJECT but its operation as well. PROJECT sb~ll be maintained by an adequate and well-trained staff of en~neers and/or such other professionals and technicians as the project requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a conwacwr under a~reement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT impwvements. ARTICLE IV - FISCAL PROVISIONS 1. The PROJECT, or portions thereof, must be included in a Federally-appwved Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of ~ "Request for Authorization." 2. State and Federal funds will not participate in PROJECT work performed in advance of approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPI-~-~ between STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to 3. ADMINISTERING AGENCY may submit invoices in aneax~ for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT PROGRAM SUPPLEMENT has been executed by STATE and the PR-2 has been execuu~d by FHWA. The total of all amounts chimed, pins any required matching funds, must not exceed the actual total allowable costs of all completed engineering work, fight of way acquisition, and construction. 4. Invoices shall be submiv. ed on ADMINISTERING AGENCY letmrhud and shM1 include this AGI~I=.R'MENT number, Federal-aid project number, and Progress billing nmber for the PROJECT, and shall be in accordance with REENGINEERED PROCEDURS. - 5. The estimated total cost of PROJECT, the amounts of Federal-aid programmed, and the matching amounts agreed upon may be adjusted by mutual consent cf the pardes hereto in a Finance Leuer/Demil Estimate and a PR-2 document which are to be considered as part of this AGREEMENT. l=ederal-aid program amounts may be increased to cover PROJECT cost inc~ only if such funds are available and FHWA concurs with that increase.. ; 4 '- -: 11/29/95