Common use of DEPARTMENT AGREES Clause in Contracts

DEPARTMENT AGREES. 1. To assist the CITY with: (a) completing the National Environmental Policy Act (NEPA) documentation in conformance with 23 CFR Part 771 and (b) obtaining the environmental permits and clearances. 2. To ensure that the CITY’s actions are in accordance with applicable Federal and State regulations and policies. 3. To obligate Federal TAP funding for the PROJECT in a maximum amount of Two Hundred Eighty-Five Thousand and No/100 Dollars ($285,000.00). 4. To establish a Project Identification Number to track all PROJECT costs. 5. To ensure that applicable environmental laws and regulations are met on the PROJECT and to certify the PROJECT to FHWA in accordance with Federal requirements. 6. To review and comment on the CITY’s design (including plans, specifications, and estimates) within fifteen (15) working days from receipt of submittal of such design and to ensure that American Association of State Highway Transportation Officials (AASHTO) and Manual on Uniform Traffic Control Devices (MUTCD) Guidelines are followed and that the design meets the requirements of the Americans with Disability Act (ADA). 7. To ensure that applicable right-of-way laws and regulations are met on this PROJECT and to document those actions taken in accordance with the DEPARTMENT’s administrative requirements. 8. To provide an overall Disadvantaged Business Enterprise (DBE) participation goal and/or training hours for the PROJECT based on the DEPARTMENT’s DBE Program, subject to and in accordance with Federal and State law and any other applicable laws, rules and regulations. 9. To review the DBE information submitted to the CITY by bidders on the PROJECT for compliance with 49 CFR Part 26 and to provide the CITY with the results of such review. 10. To review and approve the CITY’s procedures utilized for advertising, bid opening, and award of the PROJECT, so that the DEPARTMENT may satisfy itself that the same are in accordance with applicable Federal requirements. 11. To ensure that all reporting and project documentation, as necessary for financial management and required by applicable Federal requirements, is submitted by the DEPARTMENT to the FHWA. 12. To authorize the CITY to proceed with the advertisement and award of the contract and construction of the PROJECT, once the final design (including plans, specifications and estimates) and bid documents have been reviewed and approved by the DEPARTMENT, all certifications have been completed, and the funding authorized by FHWA. 13. The DEPARTMENT shall issue such authorization through a written "Notice to Proceed". The “Notice to Proceed” will include the Federal Award Identification Number (▇▇▇▇) and the modified “project end date” mutually established by both parties in conformance with the requirements of 2 CFR Part 200. 14. To assign a Local Public Agency Coordinator and a resident engineer to act as the DEPARTMENT’s representatives to monitor the CITY’s compliance with applicable Federal and State requirements. 15. To review, and approve when acceptable to the DEPARTMENT, addenda, supplementals, and change orders to the construction contract of the PROJECT to ensure compliance with the terms of this Agreement within five (5) working days. Failure to respond within five (5) working days shall constitute approval. Approval of such addenda, supplementals, and change orders does not alter the maximum reimbursement to the CITY as established in ARTICLE I, Paragraph 3, minus any DEPARTMENT eligible PROJECT costs. The estimated DEPARTMENT PROJECT costs are shown in Article III, Paragraph 5. 16. To review the CITY’s as-built plans and to attend the CITY final inspection of the PROJECT. 17. To reimburse the CITY upon receipt of an invoice for ninety-five percent (95%) of eligible PROJECT costs based on supporting documentation minus any DEPARTMENT eligible PROJECT costs. Total reimbursement shall not exceed the total obligated amount, as established in ARTICLE I, Paragraph 3, minus any DEPARTMENT eligible PROJECT costs. The estimated DEPARTMENT eligible PROJECT costs are shown in Article III, Paragraph 5. Eligible PROJECT costs are those costs as defined in 2 CFR Part 200, and the State Administrative Manual (▇▇▇), incorporated herein by reference. The ▇▇▇ may be obtained from ▇▇▇▇://▇▇▇▇▇▇.▇▇.▇▇▇/uploadedFiles/budgetnvgov/content/Governance/▇▇▇.pdf.

DEPARTMENT AGREES. 1. To assist the CITY with: (a) completing the National Environmental Policy Act (NEPA) documentation in conformance with 23 CFR Part 771 and (b) obtaining the environmental permits and clearances. 2. To submit the CITY’s change in control of access request to FHWA for approval. 3. To ensure that the CITY’s actions are in accordance with applicable Federal and State regulations and policies. 34. To obligate Federal TAP SAFETEA-LU High Priority Projects funding for the PROJECT in a maximum amount of Two Five Million Five Hundred Eighty-Five Thousand and No/100 Dollars ($285,000.005,585,000.00). 45. To establish a Project Identification Number to track all PROJECT costs. 56. Once the funding is obligated, to provide the CITY with a written “Notice to Proceed” authorizing the preliminary engineering of the PROJECT. 7. To ensure that applicable environmental laws and regulations are met on the PROJECT and to certify the PROJECT to FHWA in accordance with Federal requirements. 68. To review and comment on the CITY’s design (including plans, specifications, specifications and estimates) within fifteen (15) working days from receipt of submittal of such design and to ensure that American Association of State Highway Transportation Officials (AASHTO) and Manual on Uniform Traffic Control Devices (MUTCD) Guidelines are followed and that the design meets the requirements of the Americans with Disability Act (ADA). 79. To invoke the DEPARTMENT’s authority under NRS 408.210(4), to require relocation or adjustment of any encroachments, including utility facilities occupying the DEPARTMENT’s right-of-way pursuant to DEPARTMENT permits issued pursuant to NRS 10. To exercise final approval over utility adjustments that are within the DEPARTMENT’s right-of-way and to have full authority to inspect said utility relocations. 11. To assign DEPARTMENT Right-of-Way Engineering staff to review and approve the mapping, title reports, and legal descriptions for those parcels to be acquired to ensure compliance with State and Federal regulations and standards. 12. To assign a Right-of-Way Agent to provide guidance and oversight to ensure the acquisition of right-of-way is in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, and the DEPARTMENT’s Right-of-Way Manual incorporated herein by reference. The said manual may be obtained from the DEPARTMENT’s web site. 13. Once the Right-of-Way Setting Memo is approved and funding authorized, to provide the CITY with a written “Notice to Proceed” authorizing the right-of-way acquisition for the PROJECT in accordance with the terms of this Agreement. 14. To provide the CITY the approved appraiser list maintained by the DEPARTMENT for use on the PROJECT. 15. Upon receipt of the appraisal and appraisal review reports, to set written just compensation for the acquisition parcels and provide it to the CITY. 16. To assign a Right-of-Way Agent to provide guidance and oversight to ensure all utility relocations are performed in accordance with State and Federal regulations including, but not limited to Nevada Administrative Code (NAC) Chapter 408 and 23 CFR Part 645. 17. To ensure that applicable right-of-way laws and regulations are met on this PROJECT and to document those actions taken in accordance with the DEPARTMENT’s administrative requirements. 818. To issue an occupancy permit to the CITY, at no cost to the CITY, allowing it to occupy the DEPARTMENT’s right-of-way for the purpose of constructing and maintaining the PROJECT. 19. To provide an overall Disadvantaged Business Enterprise (DBE) participation goal and/or training hours for the PROJECT based on the DEPARTMENT’s DBE Program, subject to and in accordance with Federal and State law and any other applicable laws, rules and regulations. 920. To review the DBE information submitted to the CITY by the bidders on the PROJECT for compliance with 49 CFR Part 26 and to provide the CITY with the results of such review. 1021. To review and approve the CITY’s procedures utilized for advertising, bid opening, and award of the PROJECT, so that the DEPARTMENT may satisfy itself that the same are in accordance with applicable Federal requirements. 1122. To ensure that all reporting and project documentation, as necessary for financial management and required by applicable Federal requirements, is submitted by the DEPARTMENT to the FHWA. 1223. To authorize the CITY to proceed with the advertisement and award of the contract and construction of the PROJECT, once the final design (including plans, specifications specifications, and estimates) and bid documents have has been reviewed and approved by the DEPARTMENT, all certifications have been completed, and the funding authorized by FHWA. 13authorized. The DEPARTMENT shall issue such authorization through a written "Notice to Proceed". The “Notice to Proceed” will include the Federal Award Identification Number (▇▇▇▇) and the modified “project end date” mutually established by both parties in conformance with the requirements of 2 CFR Part 200. 1424. To assign a Local Public Agency Coordinator and a resident engineer to act as the DEPARTMENT’s representatives to monitor the CITY’s compliance with applicable Federal and State requirements. 1525. To review, review and approve when acceptable to the DEPARTMENT, appropriate addenda, supplementals, and change orders to the construction contract of the PROJECT to ensure compliance with the terms of this Agreement within five (5) working days. Failure to respond within five (5) working days shall constitute approval. Approval of such said addenda, supplementals, and change orders does not alter the maximum reimbursement to the CITY as established in ARTICLE I, Paragraph 3, minus any DEPARTMENT eligible ELIGIBLE PROJECT costs. The estimated DEPARTMENT PROJECT costs are shown COSTS as established in Article ARTICLE III, Paragraph 5. 1626. To review the CITY’s as-built plans and to attend the CITY final inspection of the PROJECT. 1727. To reimburse the CITY upon receipt of an invoice for ninety-five percent (95%) of eligible ELIGIBLE PROJECT costs COSTS based on supporting documentation minus any DEPARTMENT eligible ELIGIBLE PROJECT costsCOSTS. Total reimbursement shall not exceed the total obligated amount, as established in ARTICLE I, Paragraph 34, minus any DEPARTMENT eligible ELIGIBLE PROJECT costs. The estimated DEPARTMENT eligible PROJECT costs are shown COSTS as established in Article ARTICLE III, Paragraph 5. Eligible ELIGIBLE PROJECT costs COSTS are those costs as defined in 2 CFR Part 200the applicable Federal Office of Management and Budget (OMB) Circulars, including but not limited to those listed on Attachment B, attached hereto and incorporated herein, and the State Administrative Manual (▇▇▇), incorporated herein by reference. The ▇▇▇ may be obtained from ▇▇▇▇://▇▇▇▇▇▇.▇▇.▇▇▇/uploadedFiles/budgetnvgov/content/Governance/▇▇▇.pdf/MainDocuments/. 28. To transfer to the CITY maintenance responsibility including utility costs for the improvements consisting of asphalt paving, signing, striping, curb, gutter, and guardrail constructed as part of the PROJECT on Tropical Parkway within the I-15 right-of-way upon completion and the DEPARTMENT's final written acceptance of the PROJECT.