Project Agreement. 1.1 If applicable, the Department will recommend approval of the project by the Federal Highway Administration. 1.2 The Sponsor agrees to comply with Title VI of the Civil Rights Act of 1964, 78 Stat. § 252, 42 U.S.C. § 2000d et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - “Nondiscrimination in federally assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act 1964". 1.3 The DEPARTMENT and SPONSOR mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The DEPARTMENT and SPONSOR hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors which may occur during the prosecution or performance of this Agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act. 1.4 The Sponsor understands that should it fail to fulfill its responsibilities under this Agreement, such a failure will disqualify the Sponsor from future Federal-aid funding participation on any proposed project. Federal-aid funds are to be withheld until such a time as an engineering staff, satisfactory to the Department has been properly established and functioning, the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance.
Appears in 13 contracts
Samples: Project Maintenance, Financing, and Right of Way Agreement, Project Maintenance, Financing, and Right of Way Agreement, Project Maintenance, Financing, and Right of Way Agreement
Project Agreement. 1.1 The Department will request approval from the Transportation Commission for participation in the project that consists of the modification of CO RD 106TH ST N OVER HOMINEY CREEK APPX .9 MI E OF SH11 AKA BR 48 in the County of TULSA.
1.2 If applicable, the Department will recommend approval of the project by the Federal Highway Administration.
1.2 1.3 The Sponsor County shall by resolution, duly authorize the execution of this agreement by proper officials and attach copies of such resolution to this agreement.
1.4 The County agrees to comply with Title VI of the Civil Rights Act of 1964, 78 Stat. § 252, 42 U.S.C. § 2000d et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - “Nondiscrimination in federally assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act 1964".
1.3 1.5 The DEPARTMENT and SPONSOR COUNTY mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The DEPARTMENT and SPONSOR COUNTY hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors which may occur during the prosecution or performance of this Agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act.
1.4 1.6 The Sponsor County understands that should it fail to fulfill its responsibilities under this Agreement, such a failure will disqualify the Sponsor County from future Federal-aid or CIRB funding participation on any proposed project. Federal-aid and/or CIRB funds are to be withheld until such a time as an engineering staff, satisfactory to the Department has been properly established and functioning, the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance.
Appears in 2 contracts
Samples: Cirb Agreement, Project Agreement
Project Agreement. 1.1 If applicableThe DEPARTMENT will request approval from the Transportation Commission for participation in the project that consists of Reconstruction of 0xx Xxxxxx (XX-00) and constructing a BNSF railroad underpass between Broadway Street and Eastern Avenue in Moore and associated project elements, the Department including adequate drainage and pumping facilities and a pedestrian bridge over SH-37/4th St.
1.2 The DEPARTMENT will recommend approval of the project by the Federal Highway AdministrationAdministration (FHWA).
1.2 1.3 The Sponsor agrees CITY shall by resolution, duly authorize the execution of this agreement by proper officials and attach copies of such resolution to this agreement.
1.4 The CITY and the DEPARTMENT shall comply with Title VI of the Civil Rights Act of 1964, 78 Stat. O.S. § 252252.42, 42 U.S.C. § 2000d §2000d-et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - “"Nondiscrimination in federally assisted programs Programs of the Department of Transportation - Transportation-effectuation of Title VI of the Civil Rights Act 1964.".
1.3 1.5 The DEPARTMENT and SPONSOR the CITY mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The DEPARTMENT and SPONSOR the CITY hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors officers which may occur during the prosecution or performance of this Agreement agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act.
1.4 1.6 The Sponsor understands that should it fail to fulfill its responsibilities under this Agreement, such a failure will disqualify the Sponsor from future Federal-aid funding participation on any proposed project. Federal-aid funds are to be withheld until such a time as an engineering staff, satisfactory to the Department has been properly established and functioningBNSF, the deficiencies in regulations have been corrected or City and the improvements DEPARTMENT will dedicate resource to be constructed under this Agreement are brought efforts to a satisfactory condition of maintenanceapply for future federal grant opportunities.
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
Project Agreement. 1.1 If applicable, the Department will recommend approval of the project by the Federal Highway Administration.
1.2 The Sponsor agrees to comply with Title VI of the Civil Rights Act of 1964, 78 Stat00 Xxxx. § 252000, 42 U.S.C. 00 X.X.X. § 2000d 0000x et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - “Nondiscrimination in federally assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act 1964".
1.3 The DEPARTMENT and SPONSOR mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The DEPARTMENT and SPONSOR hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors which may occur during the prosecution or performance of this Agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act.
1.4 The Sponsor understands that should it fail to fulfill its responsibilities under this Agreement, such a failure will disqualify the Sponsor from future Federal-aid funding participation on any proposed project. Federal-aid funds are to be withheld until such a time as an engineering staff, satisfactory to the Department has been properly established and functioning, the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance.
Appears in 2 contracts
Samples: Project Maintenance, Financing, and Right of Way Agreement, Project Maintenance, Financing, and Right of Way Agreement
Project Agreement. 1.1 If applicable, The DEPARTMENT will request approval from the Department will recommend approval of Transportation Commission for participation in the project by that consists of US-77: at the Federal Highway Administrationintersection of High Xxxxxxx Drive in Norman 3.8 miles north of SH-9.
1.2 The Sponsor agrees CITY shall by resolution, duly authorize the execution of this agreement by proper officials and attach copies of such resolution to this agreement.
1.3 The CITY shall each comply with Title VI of the Civil Rights Act of 1964, 78 Stat. O.S. § 252252.42, 42 U.S.C. § 2000d §2000d-et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - “"Nondiscrimination in federally assisted programs Programs of the Department of Transportation - Transportation-effectuation of Title VI of the Civil Rights Act 1964.".
1.3 1.4 The DEPARTMENT and SPONSOR the CITY mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). The DEPARTMENT and SPONSOR CITY hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors officers which may occur during the prosecution or performance of this Agreement agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act.
1.4 The Sponsor understands that should it fail to fulfill its responsibilities under this Agreement, such a failure will disqualify the Sponsor from future Federal-aid funding participation on any proposed project. Federal-aid funds are to be withheld until such a time as an engineering staff, satisfactory to the Department has been properly established and functioning, the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance.
Appears in 1 contract
Samples: Project Agreement