The Public Entity Shall Sample Clauses
The "The Public Entity Shall" clause establishes specific obligations or actions that a government agency or public authority is required to perform under a contract or agreement. Typically, this clause outlines duties such as providing information, making payments, granting access, or cooperating with other parties to facilitate the contract's objectives. By clearly defining what the public entity must do, the clause ensures accountability and helps prevent misunderstandings or disputes regarding the entity's responsibilities.
The Public Entity Shall a. Act in the capacity of lead agency for the purpose as described in Section 1.
b. Submit an estimate of the Project, including work to be performed and cost to the District Engineer within thirty (30) calendar days of execution of this Agreement, or as otherwise agreed to in writing by the parties.
c. Be solely responsible for all local matching funds identified in Section 2. Certify that these matching funds have been appropriated, budget and approved for expenditure prior to execution of this Agreement.
d. Pay all costs, perform/supply or contract for labor and material, for the purpose as described in Section 1 and the Project estimate approved by the District Engineer.
e. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances.
f. In accordance with project parameters, assume the lead planning and implementation role and sole responsibility for providing local matching funds; environmental, archaeological, utility clearances; railroad and Intelligent Transportation System (ITS) clearances; right-of- way acquisition; project development and design; and project construction and management.
g. Cause all designs and plans to be performed under the direct supervision of a Registered New Mexico Professional Engineer, when applicable, as determined by the Department.
h. Obtain all required written agreements or permits, when applicable, from all public and private entities.
i. Allow the Department to inspect the Project to determine that the Project is being constructed in accordance with the provisions of this Agreement. Disclosures of any failure to meet such requirements and standards as determined by the Department, will result in termination, for default, including without limitation the Public Entity’s costs for funding, labor, equipment and materials.
j. Complete the project within eighteen (18) months of approval of funding by the State Transportation Commission.
k. Within thirty (30) calendar days of completion, provide written certification that all work under this Agreement was performed in accordance with either the New Mexico Department of Transportation’s Standard Specification, Current Edition; American Public Works Association (APWA) Specifications; Department approved Public Entity established Specifications; or Department Specifications established for Local Government Road Fund projects, by submitting the Project Certification of Design, Construction, and Cost form, which is attached...
The Public Entity Shall a. Act in the capacity of lead agency for the purpose as described in Section 1.
b. Pay all costs, perform all labor and supply all material, except as provided in Section 2, for the purpose as described in Section 1 and the construction work specified in the Project’s plans.
c. Adopt a written Resolution of support for the Project, including an assumption of ownership, liability, and maintenance responsibility for the scope, or related amenities and required funding to support the Project, which is attached as Exhibit C.
d. Initiate the preliminary engineering, survey, and all design activities, and coordinate Project construction.
e. Consider provisions for pedestrian, bicycle and equestrian facilities in the Project design in accordance with ▇▇▇▇ ▇▇▇▇, Section 67-3-62.
f. In accordance with project parameters, assume the lead planning and implementation role and sole responsibility for providing local matching funds; environmental, archaeological, utility clearances; railroad and Intelligent Transportation System (ITS) clearances; right-of- way acquisition; project development and design; and project construction and management.
g. Initiate and cause to be prepared the necessary Plans, Specifications, and Estimates (PS&E) for this Project.
h. Cause all designs and PS&Es to be performed under the direct supervision of a Registered New Mexico Professional Engineer.
i. Design the Project in accordance with Exhibit A, "Minimum Design Standards", which is incorporated into this Agreement.
j. Adhere to Exhibit B, "Minimum Survey and Right of Way Acquisition Requirements", which is incorporated into this Agreement.
k. Comply with Exhibit C, "Construction Phase Duties and Obligations", which is incorporated into this Agreement.
l. Make no changes in design or scope of work, unless for safety reasons and with documented approval of the Department.
m. Prior to Project construction, furnish the Department’s District 6 Office the "Certification of the Pre-Construction Contract Phase" form, which is attached as Certification No. 1.
n. Within thirty (30) calendar days of completion, furnish the Department’s District 6 Office the “Certification of Construction Phase” form, which is attached as Certification No. 2.
o. Within thirty (30) calendar days of completion, furnish the Department’s District 6 Office the “AS BUILT Summary of Costs and Quantities” form, which is attached as Certification No. 3. The report should reflect the total cost of project as stated in “Cer...
The Public Entity Shall a. Act in the capacity of lead agency for the purpose as described in Section 1.
b. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances.
c. Be responsible for all design activities necessary to advance the Project to construction and coordinate construction.
d. Unless otherwise specified in a letter of authorization or permit, design and construct the Project in accordance with the Public Entity’s established design standards.
e. Have sole responsibility and control of all project phases and resulting quality of the completed work.
f. If the Project is in full or on a portion of a state highway, on a Department right of way or a National Highway System route:
1. Obtain from the Department a permit in accordance with 18.31.6.14 NMAC, State Highway Access Management Requirements or a letter of authorization; and
2. Design and construct the Project in accordance with standards established by the Department.
g. Adopt a written resolution of Project support that includes a commitment to funding, ownership, liability and maintenance. The resolution is attached to this Agreement as Exhibit B.
h. Consider placing pedestrian, bicycle and equestrian facilities in the Project design in accordance with NMSA 1978, Section 67-3-62.
i. Comply with any and all state, local and federal regulations including the Americans with Disabilities Act (ADA) and laws regarding noise ordinances, air quality, surface water quality, ground water quality, threatened and endangered species, hazardous materials, historic and cultural properties, and cultural resources.
j. Be responsible for all permit preparation, review and coordination with regulatory agencies.
k. Cause all designs, plans, specifications and estimates to be performed under the direct supervision of a Registered New Mexico Professional Engineer, in accordance with NMSA 1978 Section 61-23-26.
l. Allow the Department to perform a final inspection of the Project and all related documentation to determine if the Project was constructed in accordance with the provisions of this Agreement. At the Department’s request, provide additional documentation to demonstrate completion of the required terms and conditions.
m. Meet with the Department, as needed, or provide Project status reports within thirty (30) days of request.
n. Within 60 days after Project completion, provide the Certification of Completion, which is attached as Exhibit A, that it has complied with the re...
The Public Entity Shall a) Ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination, and the specific requirements of 23 CFR 680.
b) Shall comply with the requirements as a direct recipient entity under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4), where applicable.
c) Shall monitor activities under this award, including activities under federal agreement and contracts, to ensure:
(1) that those activities comply with the project-specific agreement; and
(2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award.
The Public Entity Shall a. Act in the capacity of lead agency for the purpose as described in Section 1.
b. Pay all costs, perform all labor and supply all material, except as provided in Section 2, for the purpose as described in Section 1 and the construction work specified in the Project’s plans.
c. Adopt a written Resolution of support for the Project, including an assumption of ownership, liability, and maintenance responsibility for the scope, or related amenities and required funding to support the Project, which is attached as Exhibit C.
d. Initiate the preliminary engineering, survey, and all design activities, and coordinate Project construction.
e. Consider provisions for pedestrian, bicycle and equestrian facilities in the Project design in accordance with ▇▇▇▇ ▇▇▇▇, Section 67-3-62.
f. Be responsible for performing or directing the performance of all design and pre- construction activity, including, but not limited to, the following:
1. Utility Certification;
2. Drainage and storm drain design;
3. Geotechnical design;
4. Pavement design;
5. Traffic design;
6. Structural design;
7. Environmental and archeological clearances Certification;
8. Right-of-way maps and acquisition Certification;
9. Hazardous substance/waste site(s) contamination investigations;
10. Railroad Certification; and
11. Intelligent Transportation System (ITS) Certification.
g. Initiate and cause to be prepared the necessary Plans, Specifications, and Estimates (PS&E) for this Project.
h. Cause all designs and PS&E's to be performed under the direct supervision of a Registered New Mexico Professional Engineer.
i. Design the Project in accordance with Attachment A, "Minimum Design Standards", which is incorporated into this Agreement.
j. Adhere to Exhibit B, "Minimum Survey and Right of Way Acquisition Requirements", which is incorporated into this Agreement.
k. Comply with Attachment C, "Construction Phase Duties and Obligations", which is incorporated into this Agreement.
l. Make no changes in design or scope of work, unless for safety reasons and with documented approval of the Department.
m. Prior to Project construction, furnish the Department’s District 5. Office "Certification of the Pre-Construction Contract Phase" form, which is attached as Certification No. 1.
n. Within thirty (30) days of completion, furnish the Department’s District 5. Office
o. Within thirty (30) days of completion, furnish the Department’s District 5. Office the “AS BUILT Summary of Costs and Quantities” form, which is...
The Public Entity Shall a. Fully fund the work associated with the Public Utility relocation, which includes the six percent (6%) CE&I, charge identified in Section 2h above, additional costs if the bids exceed the estimate as detailed in Section 3c below and for change orders as identifed in Section 3d below.
b. Provide funding in a lump sum to the Department prior to the project production date for the Project’s construction contract.
c. Should the bid amount exceed funding, the Public Entity shall provide additional funds to cover all costs for its portion of the Project. Should the bid amount be less, the Department will retain the difference until the completion of the Project.
d. Provide written request to the Department for any change orders. The costs for any change order, which includes costs for contractor delay caused by the change order, shall be paid by the Public Entity.
e. Payment for any necessary work added and approved by the Public Entity shall be due within sixty (60) calendar days of the date of the billing by the Department. If payment is not made and the account becomes delinquent after the due date, interest shall accrue on the unpaid balance at the rate of 10% per annum until the account becomes current.
f. Have an inspector available during the Public Utility Work and provide inspection and acceptance.
g. Handle any necessary coordination and comply with its advisory regulations, ordinances, codes or other requirements regarding the shutdown of utlities or temporary outages.
h. Provide any necessary notifications to the public regarding the shutdown of utilities or temporary outages.
i. Upon completion of the Public Utitlies Work, the Public Entity shall assume total responsibility for the maintenance and operation of the Lines, including all costs associated therewith.
The Public Entity Shall a. Act in the capacity of lead agency for the purpose as described in Section 1.
b. Submit an estimate of the Project, including work to be performed and cost to the District Engineer within thirty (30) days of execution of this Agreement, or as otherwise agreed to in writing by the Parties.
c. Be solely responsible for all local matching funds identified in Section 2. Certify that these matching funds have been appropriated, budget and approved for expenditure prior to execution of this Agreement.
d. Pay all costs, perform/supply or contract for labor and material, for the purpose as described in Section 1 and the Project estimate approved by the District Engineer.
e. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances
f. Be responsible, for performing or directing the performance, of all pre-construction activities, including, but not limited to, the following:
1. Utility Certification,
2. Drainage and storm drain design, 3. Geotechnical design,
4. Pavement design, 5. Environmental and archaeological clearances Certification,