THE COMMISSION WILL Clause Samples
THE COMMISSION WILL. Provide funding for the Project identified in this Agreement in an amount not to exceed according to the terms and conditions hereof. If preconstruction activities were requested in the application and funds were not expended prior to the Award Date, transfer an initial installment of funds from the ERBRF in the amount of to the governmental entity shown above who owns/sponsors the public road or bridge Project to be used for preconstruction activities. Once preconstruction activities are complete and the Recipient has awarded a construction contract, transfer the remaining balance of the grant amount (not to exceed the amount needed to complete the Project). This transfer shall be made promptly after the award of the construction contract by the Recipient and after the required documents have been provided to MDOT. The maximum engineering costs allowed to be paid from ERBRF grant monies shall be calculated based on a percentage of the successful construction bid amount. For projects requiring Preliminary Engineering (PE) and Construction Engineering and Inspection (CE&I), the maximum amount of the total engineering costs to be paid from the ERBRF shall be fifteen percent (15%) of the amount of the successful construction bid. For projects that do not require PE services, the maximum amount of engineering costs to be paid from the ERBRF for engineering costs shall be ten percent (10%) of the amount of the successful construction bid. The total amount allowed for PE and/or CE&I costs shall be the actual cost of these services, or the maximum amounts outlined above, whichever is less. If the Project involves an existing or ongoing construction contract, transfer the grant amount (not to exceed the amount needed to complete the Project), after the required documents have been provided to MDOT. Pursuant to Mississippi Code Section 65-1-179, under no circumstances shall Recipient use ERBRF monies to reimburse any amount that has been expended on the Project prior to the Award Date.
THE COMMISSION WILL. 1. Allow the LPA to design and construct the proposed transportation improvements provided that the design meets with MTC/MDOT and FHWA approval.
2. Approve permit applications that meet with MDOT standards that are necessary to allow the LPA access to the property of the Commission for the purposes of constructing the proposed transportation improvements. The Commission may enter into an appropriate agreement in its discretion.
3. Work with the LPA, through the District LPA Engineer, during the various phases of the work with the goal of producing a project that will be acceptable to the Commission upon completion.
4. Review all submittals in a timely manner, in accordance with the PDM, to allow the Project to progress in an orderly fashion. The review and oversight conducted by MTC does not relieve the LPA from its full responsibility for the proper design and construction of the Project.
5. During the progress of the Project, assist the LPA in obtaining reimbursements of federal funding for any project cost that is eligible for reimbursement.
6. Submit all documents to the Federal Highway Administration (FHWA) when required or requested by the FHWA.
7. At its discretion, make payments directly to railroad companies, their consultants or contractors for work on railroads included in the Project. The payments made shall come from Project funds obligated for the Project.
THE COMMISSION WILL. 1. Allow the LPA to design and construct the proposed transportation improvements provided that the design meets with Commission and FHWA approval.
2. Approve permit applications that meet with MDOT standards that are necessary to allow the LPA access to the property of the Commission for the purposes of constructing the proposed transportation improvements. The Commission may enter into an appropriate agreement in its discretion.
3. Work with the LPA, through the District LPA Engineer, during the various phases of the work with the goal of producing a project that will be acceptable to the Commission upon completion.
4. Review all submittals in a timely manner, in accordance with the PDM, to allow the Project to progress in an orderly fashion. The review and oversight conducted by the Commission does not relieve the LPA from its full responsibility for the proper design and construction of the Project.
5. During the progress of the Project, assist the LPA in obtaining reimbursements of federal funding for any project cost that is eligible for reimbursement.
6. Submit all documents to the Federal Highway Administration (FHWA) when required or requested by the FHWA.
7. At its discretion, make payments for services rendered during the preliminary engineering phase of the project to the LPA’s selected Consultant(s). The payments made shall come from the federal funds obligated and will follow MDOT’s direct payment procedures.
8. At its discretion, make payments to the Contractor and the LPA’s selected Consultant(s) during the construction phase from the Federal funds obligated. The payments made shall come from the federal funds obligated and will follow MDOT’s direct payment procedures.