Common use of RESOLVING OBJECTIONS Clause in Contracts

RESOLVING OBJECTIONS. A. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA will immediately notify the other signatories and invited signatories of the objection and proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will honor the request of any other signatory or invited signatory to participate in the consultation and will take any comments provided by such parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation. B. If the objection is resolved through consultation, Caltrans or FHWA may authorize the disputed action to proceed in accordance with the terms of such resolution. C. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or 2. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject of the disagreement shall remain unchanged. D. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of submitted pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the proposed response to the objection. E. Caltrans or FHWA shall take into account any ACHP recommendation or comment and any comments from the other signatories and invited signatories to this Agreement in reaching a final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions under this Agreement that are not the subjects of the objection shall remain unchanged. F. Caltrans or FHWA shall provide all other signatories and invited signatories to this Agreement with a written copy of its final decision regarding any objection addressed pursuant to Stipulation XX.▇. ▇. ▇▇▇▇▇▇▇▇ or FHWA may authorize any action subject to objection under items 1-6 of Stipulation XX.A to proceed, provided the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.

RESOLVING OBJECTIONS. A. 1. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA will immediately notify the other signatories and invited signatories of the objection and proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will honor the request of any other signatory or invited signatory to participate in the consultation and will take any comments provided by such parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation. B. 2. If the objection is resolved through consultation, Caltrans or FHWA may authorize the disputed action to proceed in accordance with the terms of such resolution. C. 3. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1. a. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or 2. b. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3. c. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject of the disagreement shall remain unchanged. D. 4. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of submitted pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the proposed response to the objection. E. 5. Caltrans or FHWA shall take into account any ACHP recommendation or comment and any comments from the other signatories and invited signatories to this Agreement in reaching a final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions under this Agreement that are not the subjects of the objection shall remain unchanged. F. 6. Caltrans or FHWA shall provide all other signatories and invited signatories to this Agreement with a written copy of its final decision regarding any objection addressed pursuant to Stipulation XX.▇.XX.A. ▇7. ▇▇▇▇▇▇▇▇ Caltrans or FHWA may authorize any action subject to objection under items 1-6 of Stipulation XX.A to proceed, provided the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.

RESOLVING OBJECTIONS. A. 1. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA will immediately notify the other signatories and invited signatories of the objection and proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will honor the request of any other signatory or invited signatory to participate in the consultation and will take any comments provided by such parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation. B. 2. If the objection is resolved through consultation, Caltrans or FHWA may authorize the disputed action to proceed in accordance with the terms of such resolution. C. 3. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1. a. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or 2. b. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3. c. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject of the disagreement shall remain unchanged. D. 4. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of submitted pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the proposed response to the objection. E. 5. Caltrans or FHWA shall take into account any ACHP recommendation or comment and any comments from the other signatories and invited signatories to this Agreement in reaching a final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions under this Agreement that are not the subjects of the objection shall remain unchanged. F. 6. Caltrans or FHWA shall provide all other signatories and invited signatories to this Agreement with a written copy of its final decision regarding any objection addressed pursuant to Stipulation XX.▇.XX.A.‌‌ ▇7. ▇▇▇▇▇▇▇▇ Caltrans or FHWA may authorize any action subject to objection under items 1-6 of Stipulation XX.A to proceed, provided the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.

RESOLVING OBJECTIONS. 770 A. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, 771 regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA 772 will immediately notify the other signatories and invited signatories of the objection and 773 proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will 774 honor the request of any other signatory or invited signatory to participate in the consultation and will take any 775 comments provided by such parties into account. Caltrans or FHWA as appropriate shall 776 establish a reasonable time frame for such consultation. 777 B. If the objection is resolved through consultation, Caltrans or FHWA may authorize the 778 disputed action to proceed in accordance with the terms of such resolution. 779 C. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot 780 be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant 781 to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the 782 objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall 783 exercise one of the following options: 784 1. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response 785 to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or 786 2. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into 787 account in reaching a final decision regarding its response to the objection; or 788 3. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 789 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or 790 FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). 791 Caltrans responsibilities under this Agreement that are not the subject of the disagreement 792 shall remain unchanged. . 793 D. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of 794 submitted pertinent documentation, the agency official’s responsibilities under Section 106 of 795 the NHPA are fulfilled upon implementation of the proposed response to the objection. E. Caltrans . 796 ▇. ▇▇▇▇▇▇▇▇ or FHWA shall take into account any ACHP recommendation or comment and any 797 comments from the other signatories and invited signatories to this Agreement in reaching a 798 final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions 799 under this Agreement that are not the subjects of the objection shall remain unchanged. F. Caltrans or FHWA shall provide all other signatories and invited signatories to this Agreement with a written copy of its final decision regarding any objection addressed pursuant to Stipulation XX.▇. ▇. ▇▇▇▇▇▇▇▇ or FHWA may authorize any action subject to objection under items 1-6 of Stipulation XX.A to proceed, provided the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.

RESOLVING OBJECTIONS. A. 1. Should any signatory party to this PA object at any time in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement PA are implemented, to any action carried outout or proposed with respect to implementation of the PA (other than the Undertaking itself), or to any documentation prepared in accordance with and subject to the terms of this PA, Caltrans or FHWA will shall immediately notify the other signatories and invited signatories PA parties of the objection, request their comments on the objection within 15 days following receipt of Caltrans’ notification, and proceed to consult with the objecting party for no more than 30 days to resolve the objection. Caltrans or FHWA will honor the request of any the other signatory or invited signatory parties to participate in the consultation and will take any comments provided by such those parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation. B. 2. If the objection is resolved through consultationduring the 30-day consultation period, Caltrans or FHWA may authorize proceed with the disputed action to proceed in accordance with the terms of such resolution. C. 3. If after initiating such consultationat the end of the 30-day consultation period, Caltrans or FHWA determines that the objection cannot be resolved through such consultation, Caltrans, or FHWA then Caltrans shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within , with the expectation that the ACHP will, within thirty (30-calendar ) days after receipt of all pertinent such documentation, the ACHP shall exercise one of the following options: 1. a. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly. The objection shall thereby be resolved; or 2. b. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall will take into account in reaching a final decision regarding its response to the objection. The objection shall thereby be resolved; or 3. c. Notify Caltrans or FHWA that the objection will be referred for comment consistent with pursuant to 36 CFR § 800.7(a)(4800.7(c) and proceed to refer the objection for and comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent in accordance with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject ) and Section 110(1) of the disagreement NHPA. The objection shall remain unchangedthereby be resolved. D. 4. Should the ACHP not exercise one of the foregoing above options within 30 days after receipt of submitted all pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the Caltrans may proceed to implement its proposed response to the objectionresponse. The objection shall thereby be resolved. E. 5. Caltrans or FHWA shall take into account any ACHP recommendation of the ACHP’s recommendations or comment and any comments from provided in accordance with this stipulation with reference only to the other signatories and invited signatories to this Agreement in reaching a final decision- regarding subject of the objection. Caltrans’ or FHWA’s responsibility to carry out all actions under this Agreement PA that are not the subjects of the objection shall remain unchanged. F. 6. At any time during implementation of the measures stipulated in this PA, should a member of the public raise an objection in writing pertaining to such implementation to any signatory party to this PA, that signatory party shall immediately notify Caltrans. Caltrans or FHWA shall immediately notify the other signatory parties in writing of the objection. Any signatory party may choose to comment in writing on the objection to Caltrans. Caltrans shall establish a reasonable time frame for this comment period. Caltrans shall consider the objection, and in reaching its decision, Caltrans will take all comments from the other signatory parties into account. Within 15 days following closure of the comment period, Caltrans will render a decision regarding the objection and respond to the objecting party. Caltrans will promptly notify the other signatory parties of its decision in writing, including a copy of the response to the objecting party. Caltrans’ decision regarding resolution of the objection will be final. Following issuance of its final decision, Caltrans may authorize the action subject to dispute hereunder to proceed in accordance with the terms of that decision. 7. Caltrans shall provide all other signatories and invited signatories parties to this Agreement PA, and the ACHP, if the ACHP has commented, and any parties that have objected pursuant to this stipulation, with a written copy of its final written decision regarding any objection addressed pursuant to Stipulation XX.▇this stipulation. ▇8. ▇▇▇▇▇▇▇▇ or FHWA Caltrans may authorize any action subject to objection under items 1-6 of Stipulation XX.A this stipulation to proceed, provided proceed after the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.this stipulation.

RESOLVING OBJECTIONS. A. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA will immediately notify the other signatories and invited signatories of the objection and proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will honor the request of any other signatory or invited signatory to participate in the consultation and will take any comments provided by such parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation.and B. If the objection is resolved through consultation, Caltrans or FHWA may authorize the disputed action to proceed in accordance with the terms of such resolution. C. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or 2. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject of the disagreement shall remain unchanged. D. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of submitted pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the proposed response to the objection. E. Caltrans ▇. ▇▇▇▇▇▇▇▇ or FHWA shall take into account any ACHP recommendation or comment and any comments from the other signatories and invited signatories to this Agreement in reaching a final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions under this Agreement that are not the subjects of the objection shall remain unchanged. F. Caltrans ▇. ▇▇▇▇▇▇▇▇ or FHWA shall provide all other signatories and invited signatories to this Agreement with a written copy of its final decision regarding any objection addressed pursuant to Stipulation XX.▇.XX.A. ▇. ▇▇▇▇▇▇▇▇ G. Caltrans or FHWA may authorize any action subject to objection under items 1-6 of Stipulation XX.A to proceed, provided the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.6

RESOLVING OBJECTIONS. A. 1. Should any signatory party to this MOA object at any time in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement MOA are implemented, to any action carried outout or proposed with respect to implementation of the MOA (other than the Undertaking itself), or to any documentation prepared in accordance with and subject to the terms of this MOA, Caltrans or FHWA will shall immediately notify the other signatories and invited signatories MOA parties of the objection, request their comments on the objection within fifteen (15) days following receipt of Caltrans’ notification, and proceed to consult with the objecting party for no more than thirty (30) days to resolve the objection. Caltrans or FHWA will honor the request of any the other signatory or invited signatory parties to participate in the consultation and will take any comments provided by such those parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation. B. 2. If the objection is resolved through consultationduring the thirty (30)-day consultation period, Caltrans or FHWA may authorize proceed with the disputed action to proceed in accordance with the terms of such resolution. C. 3. If after initiating such consultationat the end of the thirty (30)-day consultation period, Caltrans or FHWA determines that the objection cannot be resolved through such consultation, Caltrans, or FHWA then Caltrans shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within , with the exception that the ACHP will, within thirty (30-calendar ) days after receipt of all pertinent such documentation, the ACHP shall exercise one of the following options: 1. Advise Caltrans or FHWA a. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly. The objection shall thereby be resolved; or 2. b. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall will take into account in reaching a final decision regarding its response to the objection. The objection shall thereby be resolved; or 3. c. Notify Caltrans or FHWA that the objection will be referred for comment consistent with pursuant to 36 CFR § 800.7(a)(4800.7(c) and proceed to refer the objection for and comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent in accordance with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject 800.7 (c) (4) and Section 110(1) of the disagreement NHPA. The objection shall remain unchangedthereby be resolved. D. 4. Should the ACHP not exercise one of the foregoing above options within 30 thirty (30) days after receipt of submitted all pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the Caltrans may proceed to implement its proposed response to the objectionresponse. The objection shall thereby be resolved. E. 5. Caltrans or FHWA shall take into account any ACHP recommendation of the ACHP’s recommendations or comment and any comments from provided in accordance with this stipulation with reference only to the other signatories and invited signatories to this Agreement in reaching a final decision- regarding subject of the objection. Caltrans’ or FHWA’s responsibility to carry out all actions under this Agreement MOA that are not the subjects of the objection shall remain unchanged. F. Caltrans or FHWA shall provide all other signatories and invited signatories 6. At any time during implementation of the measure stipulated in this MOA, should a member of the public raise an objection in writing pertaining to such implementation to any signatory party to this MOA, that signatory party shall immediately notify BRLO-5922(077) Rumsey Bridge Replacement Project, Rumsey, Yolo County, California Memorandum of Agreement with 7 Caltrans. Caltrans shall immediately notify the other signatory parties in writing of the objection. Any signatory party may choose to comment in writing on the objection to Caltrans. Caltrans shall establish a written reasonable time from for this comment period. Caltrans shall consider the objection, and in reaching its decision, Caltrans will take all comments from the other signatory parties into account. Within fifteen (15) days following closure of the comment period, Caltrans will render a decision regarding the objection and respond to the objecting party. Caltrans will promptly notify the other signatory parties of its decision in writing, including a copy of the response to the objecting party. Caltrans’ decisions regarding resolution of the objection will be final. Following issuance of its final decision regarding any objection addressed pursuant to Stipulation XX.▇. ▇. decision, ▇▇▇▇▇▇▇▇ or FHWA may authorize the action subject to dispute hereunder to proceed in accordance with the terms of that decision. 7. Caltrans shall provide all parties to this MOA, and the ACHP, if the ACHP has commented, and its parties that have objected pursuant to Stipulations V.C.3 and V.C.4, with a copy of its final written decision regarding any objection addressed pursuant to this stipulation. 8. Caltrans may authorize any action subject to objection under items 1-6 of Stipulation XX.A this stipulation to proceed, provided proceed after the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.this stipulation.