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Last modified
7/19/2021 2:50:01 PM
Creation date
7/14/2021 9:44:10 AM
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Contracts
Company Name
CALTRANS
Contract #
A-2021-124
Agency
Public Works
Council Approval Date
7/6/2021
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ARTICLE III - MAINTENANCE AND MANAGEMENT <br />1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, <br />constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as <br />the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, <br />ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer <br />this obligation and responsibility to maintain and operate PROJECT property for that intended <br />public purpose to another public entity. <br />2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or <br />upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, <br />ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and <br />the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of <br />STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is <br />the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) <br />between itself and the other jurisdictional Agency or Agencies providing for the operation, <br />maintenance, ownership and liability of PROJECT. Until those agreements are executed, <br />ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, <br />ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, <br />within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion <br />thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not <br />satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED <br />PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been <br />put in a condition of operation and maintenance satisfactory to STATE. The provisions of this <br />section shall not apply to a PROJECT that has been vacated through due process of law with <br />STATE's concurrence. <br />3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of <br />engineers and/or such other professionals and technicians as PROJECT reasonably requires. <br />Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, <br />another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. <br />All maintenance will be performed at regular intervals or as required for efficient operation of the <br />complete PROJECT improvements. <br />4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, <br />all applicable legal authority regarding construction standards. <br />Page 6 of 16 <br />
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