STATE PERFORMANCE REQUIREMENTS Clause Samples
The State Performance Requirements clause sets out the specific standards and obligations that a contractor or service provider must meet when performing work for a government or state entity. Typically, this clause details measurable criteria such as timelines, quality benchmarks, reporting duties, and compliance with relevant laws or regulations. For example, it may require that deliverables meet certain technical specifications or that services are provided within a set timeframe. The core function of this clause is to ensure that the state's expectations are clearly communicated and legally enforceable, thereby reducing the risk of substandard performance and disputes over contract fulfillment.
STATE PERFORMANCE REQUIREMENTS. A. Compliance with governing laws, regulations and MOU. The State shall make all determinations under this MOU in accordance with 23 CFR 771.117(a) and
STATE PERFORMANCE REQUIREMENTS. A. Compliance with governing laws, regulations and MOU. The State shall make all determinations under this MOU in accordance with 23 CFR 771.117(a) and (b) and succeeding regulations. All actions by the State in carrying out its responsibilities under this MOU shall comply with, and be consistent with, the coordination provisions of Stipulation II and all applicable Federal laws, regulations, Executive Orders, policies, and guidance. The State also shall comply with State and local laws to the extent applicable.
1. Failure to meet the requirements of Stipulation IV(A) is grounds for a decision by FHWA to terminate this MOU pursuant to Stipulation IX(A) if FHWA determines, after good-faith consultation with the State, that there is an irreconcilable material conflict between a provision of State law, regulation, policy, or guidance and applicable Federal law, regulation, policy, or guidance, and FHWA reasonably determines that such conflict is preventing the State from meeting its Stipulation IV(A) obligations. The grounds for such decision may include, but are not limited to, the mere existence of the conflict (i.e., on its face) and/or the effect of the conflict on the State’s decision(s) on proposed CE project(s) (i.e., as applied).
2. Official DOT and FHWA formal guidance and policies relating to environmental review matters are posted online at FHWA’s Web site or sent to the State electronically or in hard copy.
3. After the effective date of this MOU, FHWA will use its best efforts to ensure that any new or revised FHWA policies and guidance that are final and applicable to the State’s performance under this MOU are communicated to the State within 10 days of issuance. Delivery may be accomplished by e-mail, mail, by publication in the Federal Register, or by means of a publicly available online posting including at the sites noted above. If communicated to the State by e-mail or mail, such material may be sent either to the party specified in this MOU to receive notices, or to the individual designated by the State.
4. In the event that a new or revised FHWA policy or guidance is not made available to the State as described in the preceding paragraph, and if the State had no actual knowledge of such policy or guidance, then a failure by the State to comply with such Federal policy or guidance will not be a basis for termination under this MOU.
5. The State will work with all other appropriate Federal agencies concerning the laws, guidance, and polici...
STATE PERFORMANCE REQUIREMENTS. A. Processing projects under this Agreement: identification, record keeping, and review of effects. For projects that WSDOT determines meet the criteria specified in Section I of this Agreement, WSDOT shall:
1. Document its certification that a project meets the conditions specified in Sections I (B) and II (B), specifying the action from Section I (C) that applies to the project and including, at a minimum, the printed name, title, and date of the State official approving the certification on the appropriate WSDOT form (which can be found in the WSDOT Environmental Procedures Manual and the Local Agency Guidelines Manual).
2. Include on the Environmental Classification Summary form the following certification when recording the CE findings: "WSDOT has determined that this project does not individually or cumulatively have a significant impact on the environment as defined by NEPA, or involve unusual circumstances as defined in 23 CFR 771.117(b), such that it is excluded from the requirements to prepare an environmental assessment or environmental impact statement."
3. Record in the project file:
a. The regulatory reference for the applicable categorically exclusion.
b. The duration (in days) from the date WSDOT initiates its processing of the CE project to the date WSDOT completes its CE certification process.
c. The CE findings.
d. The outcome of any environmental studies conducted to consider unusual circumstances (23 CFR 771.117(b)) and to determine if the CE classification is proper, as appropriate.
e. Any document used in decision making.
4. Following the CE decision, WSDOT shall re-evaluate its CE certification for the project prior to requesting any major approvals or grants from FHWA, to ensure that the CE designation remains valid. WSDOT shall consult with FHWA and document the re-evaluation (when necessary) pursuant to 23 CFR 771.129. As part of this responsibility
a. A re-evaluation must occur when there is a change in the scope or location of the project such that new impacts may occur that were not previously considered.
b. A written re-evaluation must occur when at least 3 years have passed since the date the project was certified. These must be included in the project record.
STATE PERFORMANCE REQUIREMENTS. A. Processing projects under this Agreement: identification, record keeping, and review of effects. For projects that Iowa DOT determines meet the criteria specified in Section I of this Agreement, Iowa DOT shall:
1. Institute a process to identify and review the environmental effects of the proposed project.
STATE PERFORMANCE REQUIREMENTS. A. Processing Interstate-System access changes under this Agreement: identification, record keeping, and review of effects. For projects that INDOT determines meet the criteria specified in Section I of this Agreement, INDOT will:
1. Document its determination that a project meets SO&E acceptability as specified in Section II(A).
2. Include in the SO&E acceptability documentation the following certification: "INDOT has determined that this type of Interstate-System access does not have the potential to adversely impact the safety and performance of the Interstate-System."
3. Document compliance with the transportation planning, air quality conformity, environmental review requirements specified below:
a. Compliance with NEPA should include the NEPA class of Action determination and the date of the approval for the ROD, FONSI, or CE determination.
b. Consistency with local and regional land use and transportation plans; included in an adopted Statewide or Metropolitan Transportation Plan and in the adopted Statewide or Metropolitan Transportation Improvement Program (STIP or TIP); and meeting transportation conformity requirements of 40 CFR parts 51 and 93.
4. The acceptability determination by the INDOT Deputy Commissioner managing the Traffic Engineering Division specified in Section II(C) including signature, printed name, title, and date of the determination.
B. INDOT will maintain electronic and/or paper project records and records pertaining to INDOT administration of its review and acceptability determination process for individual requests for Interstate-System access change. INDOT will provide FHWA with copies of any project records FHWA may request. INDOT will retain those records for a period of no less than three (3) years after completion of project construction. This three-year retention provision does not relieve INDOT of its project or program recordkeeping responsibilities under 2 CFR 200.333 or any other applicable laws, regulations, or policies.
C. Non-transferability. INDOT may not transfer or assign any of the responsibilities administratively delegated to INDOT under this Agreement. INDOT may utilize contractors and others to assist INDOT in carrying out its responsibilities.
D. Required resources, qualifications, expertise, standards, and training.
1. INDOT will maintain adequate organizational and staff capability and expertise to effectively carry out the provisions of this Agreement. This includes, without limitation:
a. Using appr...
STATE PERFORMANCE REQUIREMENTS. A. Compliance with governing laws, regulations and MOU. The State shall make all CE determinations under this MOU in accordance with 23 CFR 771.117(a) and (b) and succeeding regulations. All actions by the State in carrying out its responsibilities under this MOU shall comply with, and be consistent with, the coordination provisions of Stipulation II and all applicable Federal laws, regulations, Executive Orders, policies, and formal guidance. The State also shall comply with State and local laws to the extent applicable.
1. Failure to meet the requirements of Stipulation IV(A) is grounds for a decision by FHWA to terminate this MOU pursuant to Stipulation IX(A) if FHWA determines, after good-faith consultation with the State, that there is an irreconcilable material conflict between a provision of State law, regulation, policy, or guidance and applicable Federal law, regulation, policy, or guidance, and FHWA reasonably determines that such conflict is preventing the State from meeting its Stipulation IV(A) obligations. The grounds for such decision may include, but are not limited to, the mere existence of the conflict (i.e., on its face) and/or the effect of the conflict on the State’s decision(s) on proposed CE project(s) (i.e., as applied).