INTRODUCTION TO THE FEDERAL AID PROCESS 17 th

INTRODUCTION TO THE FEDERAL AID PROCESS 17 th Annual Transportation and Planning Symposium October 29, 2007 1

Representatives Bob Hansen, NYSDOT, Region One Diane Kenneally, NYSDOT, Main Office Roslyn Webber, FHWA, NY Division Dave Hart, FHWA, NY Division 2

Roles & Responsibilities FHWA NYSDOT Local Agency 3

Roles & Responsibilities FHWA’s authority and oversight roles are defined in: 23 USC & 23 CFR FHWA/NYSDOT SAFETEA-LU Agreement, our authority for delegation Chapter 2 of the Procedures for Locally Administered Federal Aid Projects 4

Roles & Responsibilities 5

6

FHWA’s Role Ensure Contract Specifications are Fulfilled Ensure Federal Standards are Met Conduct Process Reviews 7

FHWA’s Role Technical Expertise 8

NYSDOT’s Role Ensures projects are developed and constructed in full compliance with Federal requirements Protects Federal/State investment on projects regarding the quality, safety and financial integrity of the project Takes necessary corrective actions regarding the above Determines eligibility Federal and State funding 9

NYSDOT provides guidance and assistance to Sponsors thru… The Procedures for Locally Administered Federal Aid Projects https: //www. nysdot. gov/portal/page/portal/divisions/operating/opdm/localprograms-bureau/locally-administered-federal-aid-projects The Regional Local Projects Liaison (RLPL) Interprets regulations, manuals and guidelines Monitoring Completeness reviews Consulting with NYSDOT Main Office and FHWA Standard Federal-Aid Local Project Agreement Local Programs Bureau 10

11

NYSDOT’s key project responsibilities Seek Federal authorization for each project phase, i. e. , design, ROW, construction Process Sponsor’s reimbursement requests Approve design exceptions/non-standard features for work on/related to non-NHS State Highways and non-Interstate NHS Grant design approval for projects on/related to non-NHS State Highways and non-Interstate NHS 12

NYSDOT’s key project responsibilities (cont’d) Approve Railroad and Utility Relocation Agreements Concur with Contract Award Recommendation Verify Sponsor’s final inspection and final acceptance of construction contract Close out local agreement and make final payment 13

NYSDOT Local Programs Bureau https: //www. nysdot. gov/portal/page/portal/divisions/operating/opdm/local-programsbureau State Aid CHIPS SHIPS Locally Administered Federal Aid Projects (LAFAP) Multi-modal and Member Items Transportation Enhancement Program (TEP) Safe Routes to School Program (SRTS) List of the RLPL's 14

15

16

The Sponsor’s Role Responsible for front-ending all project costs Delegated responsibility for administering and implementing federal-aid projects Planning Programming Environmental investigation Design Construction Maintenance 17

Standard Federal-Aid Local Project Agreement Between Sponsor and NYSDOT Project specific Describes project phase, funding and deposit requirements Describes allocation of responsibility Municipal/Sponsor resolution Approves project Funding appropriation Authorizes appropriate official to execute Agreement 18

Sponsor’s key project decisions/activities Getting the project into the STIP Procuring and approving Consultant contracts Preparing and submitting reimbursement requests Performing/overseeing project design and environmental activities Approving design exceptions/nonstandard features on local roads/bridges 19

Sponsor’s key project decisions/activities Preparing and submitting NEPA Class II automatic and programmatic categorical exclusion determinations to NYSDOT for concurrence Making SEQR determinations Granting design approval Certifying non-NYSDOT construction specifications on local roads/bridges 20

Sponsor’s key project decisions/activities Certifying and acquiring Right of Way (FHWA approval required if not completed prior to contract advertising) Acquiring needed permits Coordinating Railroad and Utility Relocation Agreements Determining/approving DBE goals Approving construction contract documents 21

Sponsor’s key project decisions/activities Advertising and awarding construction contracts Administering the construction contract Performing/overseeing construction inspection Approving contract change orders Accepting construction contract work 22

Two Key Documents to Ensure Success Project Management Plan (PMP) Construction Management Plan (CMP) 23

Project Management Plan (PMP) Implementation strategy Primary communication tool Provides clear assignment of authority and accompanying responsibility Assigns project manager Schedule Outlines milestones, products, reviews and approvals 24

Construction Management Plan (CMP) Outlines how contract will be administered Provides clear assignment of authority and accompanying responsibility Addresses procedures, record keeping, staffing, subcontractor approvals, EEO, inspection, change orders, contract closeout, etc. Approved by NYSDOT before contract advertising 25

Federal-Aid Process 26

FAHP financial procedures Multi-year authorization act (SAFETEA-LU) Annual distribution (apportionment or allocation) Total Federal aid available for a fiscal year Unobligated balances of prior years’ distributions Obligation (Federal government’s promise to pay) Limitation on obligations Reimbursement Annual appropriations act Liquidating cash to reimburse States 27

Highway Trust Fund Federal Gasoline Tax Breakdown 18. 4 cents 0. 1 cent Leaking Underground Storage Tank Trust Fund 18. 3 cents HTF 15. 44 cents Highway Acct 2. 86 cents Mass Transit 28 Acct

Legislative Process Key Terms Authorization Appropriation Contract Authority Rescission Federal Legislative Process 29

SAFETEA-LU Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users President signed the bill into law Aug. 10, 2005 Provides Federal funding for FFY 0509 30

31

U. S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION FY 2007 OBLIGATION LIMITATION DISTRIBUTION PURSUANT TO SECTION 1102 OF THE SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS AND THE CONTINUING APPROPRIATION RESOLUTION, 2007, PUBLIC LAW 110 -5 32

U. S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION Rescission of Unobligated Balances Pursuant to the Continuing Appropriations Resolution, 2007, Pub. L. No. 110 -5, Sec. 21014 33

Authorization Act / Appropriations Act Obligation Authority Limitation Redistribution 34

SAFETEA-LU Earmarks in New York State 436 High Priority Projects Totaling $ 738 M Mostly off-system projects 35

High Priority Projects Main Features of SAFETEA-LU Funding available in installments (20% per year, over five FFY’s) Funds obligated are available until expended Federal share is 80% All projects require a match Obligation Authority (OA) limitations apply Across the Board Rescissions may be enacted through annual Appropriation Acts 36

Example of a Conservative Account For Funds Available for a Typical High Priority Project A typical project listed for $1 M in the bill Federal Share 80% = $1 M Minimum Local Share 20% = $0. 250 M Minimum Total Project Cost $1. 250 M Total Cost may exceed $1. 250 M, but recipient must fund all additional costs 37

Federal Allocation of $1 M for this typical high priority project will be made available in five equal (20%) installments subject to Obligation Authority (OA) and Rescission The allocation will be distributed as follows: FFY 05 -$0. 200 M FFY 06 -$0. 200 M FFY 07 -$0. 200 M FFY 08 -$0. 200 M FFY 09 -$0. 200 M 38

Reduction by Obligation Authority (OA), using 90% as an example for each FFY beyond 2006 For FFY 05: 85. 5% of $0. 200 M = $0. 171 M For FFY 06: 87. 0% of $0. 200 M = $0. 174 M For FFY 07: 90. 0% of $0. 200 M = $0. 180 M For FFY 08: 90. 0% of $0. 200 M = $0. 180 M For FFY 09: 90. 0% of $0. 200 M = $0. 180 M 39

Further Potential Reduction from Annual Rescission using 1% as an example for each FFY beyond 2005 FFY 05: Reduction of $0. 171 M by 0%= $171, 000 FFY 06: Reduction of $0. 174 M by 1%= $172, 260 FFY 07: Reduction of $0. 180 M by 1%= $178, 200 FFY 08: Reduction of $0. 180 M by 1%= $178, 200 FFY 09: Reduction of $0. 180 M by 1%= $178, 200 No rescission in FFY 2005; FFY 2006 1% across the board 40

Estimated Federal Funds Available in Each FFY 05: $ 171, 000 FFY 06: $ 172, 260 FFY 07: $ 178, 200 FFY 08: $ 178, 200 FFY 09: $ 178, 200 (Original Amount $0. 200 M) For a typical $ 1 M project listed in the Bill, approximate amount of funds available is $0. 178 M per year Your $1, 000 authorization is now $877, 860 of contract authority 41

Options for Advancing High Priority Projects Wait until sufficient funding is available Fund the project with 100% sponsor funds and receive reimbursement as Federal HPP funding becomes available for obligation Meeting funding shortfalls is the recipient’s responsibility 42

Other Provisions of the SAFETEA-LU Bill All High Priority Projects need to be added to the TIP/STIP All Federal and State rules apply to all High Priority Projects All environmental regulations apply to all projects Amount allocated to a High Priority Project can be used for that project only 43

All Earmark Projects are to be Implemented According to the Rules and Process Reflected in the Procedures for Locally Administered Federal Aid Projects https: //www. nysdot. gov/portal/page/portal/divisions/operating/opdm/localprograms-bureau/locally-administered-federal-aid-projects 44

Project Finances Reimbursement Program, NOT A GRANT Federal Share Cannot Exceed 80% Non-Federal Share Required With Limited Exceptions Local Funds CHIPs Capital Funds Legislative Member Items Soft Match : PE / Cost of ROW / Architectural 45

Federal-aid Financing Procedures Reimbursement Process 46

Reimbursements Process Sponsor Pays Bills 2. NYSDOT Pays Sponsor 3. FHWA Pays NYSDOT 1. Timing Periodic or Final Lump Sum Federal Aid: Varies with billing cycle 47

Federal-aid Financing Procedures Audit Procedures OMB Circular No. A-133 “Audits of States, Local Governments, and Non-Profit Organizations” Uniform audit requirements for non. Federal entities and implements the Single Audit Act Financial Integrity Review and Evaluation (FIRE) Order – FHWA Order 4560. 1 A 48

Federal Aid Project Proposal (FAPP) Prepared by Sponsor Reviewed by NYSDOT Approved by Sponsor and NYSDOT Project Added to TIP/STIP NYSDOT Requests FHWA to Obligate Federal Funds and Receives Federal Authorization 49

Prerequisites to Agreement Project Initiation Project Listed on TIP & STIP after conformity review (non attainment areas) High Priority Projects in NYC conformity (Earmarks) STP-TEP & CMAQ Projects Project Application Enhancement FHWA Authorization 50

REMEMBER. . . All Work Performed Prior to Initiating Project (FAPP) • Adding Project to TIP & STIP • Processing State-Local Project Agreement • Receiving an Authorization to Proceed From NYSDOT • Is Ineligible For Federal Reimbursement. 51

OVERVIEW OF FEDERAL AID PROJECT PROCESS OPERATE & MAINTAIN FACILITY OBTAIN PROJECT FUNDING CLOSE PROJECT AGREEMENT EXECUTE PROJECT AGREEMENT CONSTRUCT & INSPECT PROJECT BID & AWARD PROJECT PREPARE CONTRACT DOCUMENTS SELECT & HIRE CONSULTANT ACQUIRE PROPERTY PREPARE DESIGN REPORT 52

OPERATE & MAINTAIN FACILITY CLOSE PROJECT AGREEMENT CONSTRUCT & INSPECT PROJECT OBTAIN PROJECT FUNDING PLAN & IDENTIFY PROJECT BID & AWARD PROJECT PREPARE CONTRACT DOCUMENTS EXECUTE PROJECT AGREEMENT SELECT & HIRE CONSULTANT ACQUIRE PROPERTY PREPARE DESIGN REPORT 53

Project Planning Project Should Be Consistent With: – Municipality’s Comprehensive Plan – Regional Transportation Plan – Municipality’s Land Use Plan – Any Local Pedestrian Plan and Asset Management Plan 54

Project Should describe: Objective(s) Logical Termini Independent Utility Public Use Transportation Function Project should be consistent with TIP and Conformity process 55

Good Cost Estimate Costs For All Project Phases Preliminary Engineering Property Acquisition Construction Miscellaneous (Utilities, Railroads) Any overrun responsibility of the sponsor, subject to prior guidelines. 56

OPERATE & MAINTAIN FACILITY PLAN & IDENTIFY PROJECT CLOSE PROJECT AGREEMENT OBTAIN PROJECT FUNDING CONSTRUCT & INSPECT PROJECT BID & AWARD PROJECT EXECUTE PROJECT AGREEMENT SELECT & HIRE CONSULTANT PREPARE CONTRACT DOCUMENTS PREPARE DESIGN REPORT ACQUIRE PROPERTY 57

Seek Funding When Seeking Funding Become Familiar with Sources and Rules Consider Willingness/Ability to Comply Consider Timing When Preparing Project Documentation Clearly Describe Project Scope Quantify Realistic Benefits Ask for Appropriate Funds 58

OPERATE & MAINTAIN FACILITY PLAN & IDENTIFY PROJECT CLOSE PROJECT AGREEMENT CONSTRUCT & INSPECT PROJECT OBTAIN PROJECT FUNDING EXECUTE PROJECT AGREEMENT BID & AWARD PROJECT PREPARE CONTRACT DOCUMENTS SELECT & HIRE CONSULTANT ACQUIRE PROPERTY PREPARE DESIGN REPORT 59

Project Agreement Prepared by NYSDOT Signed by Local Government NYSDOT NYS Attorney General Office of State Comptroller Executed by NYSDOT Returned to Local Government 60

Authorization to Proceed with Preliminary Design & Right-of-Way Incidental Phases 61

OPERATE & MAINTAIN FACILITY PLAN & IDENTIFY PROJECT CLOSE PROJECT AGREEMENT CONSTRUCT & INSPECT PROJECT OBTAIN PROJECT FUNDING SELECT & HIRE CONSULTANT EXECUTE PROJECT AGREEMENT BID & AWARD PROJECT PREPARE CONTRACT DOCUMENTS ACQUIRE PROPERTY PREPARE DESIGN REPORT 62

Consultant Selection • Consultant Federally Funded – Select Using Qualifications-Based Process – Cost Not a Selection Factor • Consultant Locally Funded – Hire Using Local Process 63

Qualifications-Based Process • Part I – Selection – Place Advertisement – Committee Evaluates Proposals – Committee Interviews Top Rated Firms – Committee Re-Ranks Based on Interviews – Final Selection Made 64

Qualifications-Based Process • Part II – Negotiation – – Prepare Task List Develop Independent Estimate Negotiate Tasks and Resources With Consultant Apply Salary & Overhead Rates; Add Fixed Fee (Profit) – Perform Pre-Negotiation Audit, If Necessary – Execute Agreement (Include Federal Language) – Send Signed Agreement to RLPL 65

Locally Driven Selection Agreement (LDSA) Lists • Consultant Agreement pertain with city that follows federal guidelines can be used. 66

OPERATE & MAINTAIN FACILITY PLAN & IDENTIFY PROJECT OBTAIN PROJECT FUNDING CLOSE PROJECT AGREEMENT PREPARE DESIGN APPROVAL DOCUMENT CONSTRUCT & INSPECT PROJECT EXECUTE PROJECT AGREEMENT SELECT & HIRE CONSULTANT BID & AWARD PROJECT PREPARE CONTRACT DOCUMENTS ACQUIRE PROPERTY 67

Purpose of Design Approval Document Eligibility n Technical Decisions n Environmental Review n Public Involvement n Coordination With Affected Municipalities & Regulatory Agencies n Costs n 68

LEGISLATIVE HISTORY • NEPA – 1969 • PL 91 -190 • 23 CFR 771 http: //www. fhwa. dot. gov/environment/index. htm • SEQRA – 1975 • Article 8 of Environmental Conservation Law https: //www. nysdot. gov/portal/page/portal/divisions/engineering/environmental-analysis • City/Local CQRA 69

NEPA (23 CFR 771) Applies To All Federal Aid Projects n Final Determination Made n After Final SEQRA and CEQR Determination n By FHWA or NYSDOT n 70

NEPA CHECKLIST 71

SEQRA (6 NYCRR Part 617) Applies to All Projects n Sponsor n Is Lead Agency n Makes Final Determination n 72

Public Involvement n n Appropriate Public Involvement Must be Undertaken Examples n n n Who May be Involved? n n n When an EIS Will be Undertaken When M&PT Will Close Lanes When Businesses Will be Affected When Parking Will be Affected Elected Officials NYSDOT or Other Agencies Affected Organizations and Businesses General Public Describe in Design Approval Document Categorical Exclusion doesn’t need public involvement 73

Right-of-Way n Plans in Design Approval Document Must Show n n n Existing Property Lines Proposed Property Acquisitions Table of ROW Acquisition in Design Approval Document 74

Design Approval After SEQRA and NEPA Determinations n Recommended by Design Professional Engineer n Registered Architect (Buildings) n Granted by Sponsor n Additional Approval May Be Required (NYSDOT for NHS/State System) n 75

ROW Incidental Phase Concurrent with design Report preparation n Includes: n § § § Title Searches Brochure Map and Deed Preparation Property Appraisals Table of proposed ROW Acquisition 76

Authorization to Proceed With Detailed Design & Right-of-Way Acquisition Phases 77

OPERATE & MAINTAIN FACILITY PLAN & IDENTIFY PROJECT OBTAIN PROJECT FUNDING CLOSE PROJECT AGREEMENT CONSTRUCT & INSPECT PROJECT ACQUIRE PROPERTY EXECUTE PROJECT AGREEMENT SELECT & HIRE CONSULTANT BID & AWARD PROJECT PREPARE CONTRACT DOCUMENTS PREPARE DESIGN REPORT 78

ROW Acquisition Phase n n After Design Approval Includes: n n n Written Offers of “Just Compensation” To Property Owners Payments Acquisition of Title or Rights to Property Written Diaries ROW Clearance Certificate ROW Acquisition Must be Accomplished Prior to Advertisement for Bids 79

NYSDOT Permit Requirement ROW Certification is Required from the sponsor agency. ROW Certification is Required From NYSDOT if Work Will Affect NYSDOT ROW Certification is required for construction. 80

WARNING Do Not n Begin Property Negotiations n Make Any Commitments or Offers n Acquire Property Before Receipt of Written Authorization To Proceed With ROW Acquisition Activities 81

OPERATE & MAINTAIN FACILITY PLAN & IDENTIFY PROJECT CLOSE PROJECT AGREEMENT CONSTRUCT & INSPECT PROJECT OBTAIN PROJECT FUNDING PREPARE CONTRACT DOCUMENTS BID & AWARD PROJECT ACQUIRE PROPERTY EXECUTE PROJECT AGREEMENT SELECT & HIRE CONSULTANT PREPARE DESIGN REPORT 82

Contract Plans Consistent with Design Approval Document n Stamped by the Licensed Professional Responsible for Design n Signed by the Sponsor n Additional Approval May be Required if Project is on NHS/State System n 83

Contract Specifications n NYSDOT Specifications On National Highway System n On State Highway n When Sponsor Does Not Have Approved Specs n n Sponsor’s Approved Specifications On Local Roads n Outside of Highway ROW n 84

Buy America • Sheet Piling • Rebar • Guiderail • Bridge Beams 85

Buy America • All Project Steel Should be U. S. Steel • Waivers in Rare Instances 86

Bid Documents n May Include n n Alternate Bids, If Approved by NYSDOT May Not Include Proprietary Items n Warrantee for the entire project n Typical Retainage (Some Exceptions May Apply) n Language That Conflicts With Federal Requirements n 87

Bid Documents EVERY Contract Must Include Standard Federal Clauses n Federal Davis-Bacon Wage Rates n NYS Prevailing Wage Rates n NYS Wicks Law Provisions (Buildings) n 88

DBE & EEO Requirements Disadvantaged Business Enterprises (Firms) Standard Federal Clauses n Goals for Contracts > $1 M n Supersedes M/WBE Programs n Equal Employment Opportunities (People) Standard Federal Clauses n Female Goal = 6. 9% n Minority Goal Determined by Location n 89

90

Reviewed By RLPL n n n Final Contract Documents n Plans n Specifications n Bid Documents Engineer’s Estimate Construction Management Plan ROW Clearance Certifications by Design Professional & Sponsor Copies of n Agreements With Utility Companies n Agreements With Railroads n Required Environmental Permits 91

Authorization to Proceed With Construction Phase 92

OPERATE & MAINTAIN FACILITY PLAN & IDENTIFY PROJECT CLOSE PROJECT AGREEMENT CONSTRUCT & INSPECT PROJECT PREPARE CONTRACT DOCUMENTS OBTAIN PROJECT FUNDING BID & AWARD PROJECT ACQUIRE PROPERTY EXECUTE PROJECT AGREEMENT SELECT & HIRE CONSULTANT PREPAR E DESIGN REPORT 93

Advertisement for Bids Include DBE Goals n Place In n NYS Contract Reporter n Local Newspaper n Publish Minimum of 3 Weeks Prior to Bid Opening n How do you amend the contract? n 94

Bid Opening & Pre-Award n Sponsor Must Open Bids Publicly n Analyze Low Bid n Evaluate Low Bidder’s Responsibility n Review Proposed DBE Plan & Obtain NYSDOT Approval n n Sponsor Must NOT n Negotiate With Low Bidder 95

Award n Obtain NYSDOT Concurrence if Project is On National Highway System Road n On State Highway n Award to Lowest Responsive & Responsible Bidder n Submit Award Package to NYSDOT n 96

OPERATE & MAINTAIN FACILITY PLAN & IDENTIFY PROJECT CLOSE PROJECT AGREEMENT BID & AWARD PROJECT OBTAIN PROJECT FUNDING CONSTRUCT & INSPECT PROJECT PREPARE CONTRACT DOCUMENTS ACQUIRE PROPERTY EXECUTE PROJECT AGREEMENT SELECT & HIRE CONSULTANT PREPAR E DESIGN REPORT 97

Pre-Construction Meeting n n Required n After Contract Award n Before Start of Work Attended By n Sponsor n Construction Inspector n Contractor n NYSDOT 98

Construction Management Plan n Sponsor Must Develop a Written Management Plan n Construction Management Plan Should Address n n n n n Contract Administration Contract Documentation OOC Procedures Subcontractor Approvals Inspection QC/QA Labor Relations EEO Record Retention Contract Closeout 99

Construction Inspection Sponsor Must Provide n Ensure Compliance n Plans n Specifications n Federal Requirements n n Consistent With Construction Management Plan 100

Change Orders Required For All Modifications n Must be Submitted to NYSDOT n Minor Changes That Do Not Require NYSDOT Approval n Simple Quantity Increases Within Contract Limits and Scope n Minor New Items Within Scope n 101

Change Orders n Major Changes That Do Require NYSDOT Approval Significant New Items n Significant Changes n Outside Contract Limits n Outside Scope n Significant Cost Increases n Limited Federal Aid $ Available n 102

Construction Completion n Final Inspection Performed By Sponsor n NYSDOT Invited to Attend n n Contract Close-Out Accept Contract Work n Close Contracts With Utilities, Railroads, Consultants n Notify NYSDOT of Project Acceptance n 103

OPERATE & MAINTAIN FACILITY PLAN & IDENTIFY PROJECT OBTAIN PROJECT FUNDING CONSTRUCT & INSPECT PROJECT CLOSE PROJECT AGREEMENT EXECUTE PROJECT AGREEMENT SELECT & HIRE CONSULTANT BID & AWARD PROJECT PREPARE CONTRACT DOCUMENTS ACQUIRE PROPERTY PREPARE DESIGN REPORT 104

Close Out Documentation n n Final Reimbursement Request Final Acceptance Form Acceptance of Work on State Highway (Highway Work Permit Closed) As-Built Plans n Work on NHS or SH n Bridges n n Project Financial Summary Date Of Most Recent Federal Single Audit Date Of Consultant Audit (> $300, 000) Final Reports n n n DBE Utilization EEO Utilization Prime Contractor’s Payments 105

Audit Procedures OMB Circular No. A-133 “Audits of States, Local Governments, and Non-Profit Organizations” Uniform audit requirements for non. Federal entities and implements the Single Audit Act FIRE Order – FHWA Order 4560. 1 A 106

PLAN & IDENTIFY PROJECT CLOSE PROJECT AGREEMENT CONSTRUCT & INSPECT PROJECT BID & AWARD PROJECT PREPARE CONTRACT DOCUMENTS OBTAIN PROJECT FUNDING OPERATE & MAINTAIN FACILITY EXECUTE PROJECT AGREEMENT SELECT & HIRE CONSULTANT ACQUIRE PROPERTY PREPARE DESIGN REPORT 107

Operate Generally, User or Access Fees Cannot Be Charged n In Rare Instances When Fees Are Allowed, Proceeds Must Be Used For Maintenance And Operation Of Facility n 108

Maintain For Useful Life n If Useful Life Not Attained, Sponsor Responsible For Prorated Costs Associated With Unfulfilled Life n 109

110