Common use of The Department Clause in Contracts

The Department. a. Shall distribute the funds, identified in Section 2a1, in a lump sum to the Public Entity after: 1. The Department has received this Agreement fully executed with a Resolution of Sponsorship attached as Exhibit B. 2. Receipt of a letter requesting funds, which includes the following Project documents: Notice of Award/Work Order and Notice to Proceed for the Project. 3. If a Department’s or another entity’s right-of-way is involved, a permit or letter of approval/authorization, from the entity with jurisdiction over the Project right-of-way. b. Will not: 1. Perform any detailed technical reviews of Project scope, cost, budget, schedule, design or other related documents; 2. Have any involvement in the construction phase; 3. Be involved in permit preparation or the review or coordination with regulatory agencies. 4. Conduct periodic assurance inspections or comparison material testing. 5. Participate in resolving bidding and contract disputes between the Public Entity and contractors. c. May perform Project monitoring that might consist of the following: 1. Review of Project status to ensure that project goals, objectives, performance requirements, timelines, milestone completion budgets and other guidelines are being met. 2. Request written Project status reports. 3. Conduct a review of the Local Entity’s performance and administration of the Project funds identified in Section 2a. d. Reserves the right, upon receipt of the Public Entity’s Certification of Completion, Exhibit A, to request additional documents that demonstrate Project completion. e. If required, the District Engineer or designee, will conduct a Project review to determine if permit is required from the Department. If there is a determination that a permit is not required, a letter of approval and authorization will be forwarded to the Public Entity.