Common use of The Public Entity Shall Clause in Contracts

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 “Certification of Construction Phase” form. p. Failure to timely provide Certification Nos. 1, 2 and 3, listed above, will be considered a material breach of this Agreement and Public Entity shall reimburse to the Department all funds disbursed in accordance with this Agreement. q. Obtain all required written agreements or permits relating to any realignment of Public Entity’s roads, when applicable, from all public and private entities. r. Advertise, let, and supervise the construction of the Project. s. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances. t. Allow the Department to perform a final inspection of the Project to determining if the Project was constructed in accordance with the provisions of this Agreement. Disclosures of any failure to meet requirements and standards as determined by the Department will result in termination of this Agreement, for default, including without limitation its costs for funding, labor, equipment, and materials. u. Upon completion, maintain all the Public Entity’s facilities constructed or reconstructed under this Agreement.

The Public Entity Shall. a. Act in the capacity of lead agency for the purpose as Project described in Section 1. b. Be solely responsible for all proportional matching funds identified in Section 2. Certify that these matching funds have been appropriated, budgeted, and approved for expenditure prior to execution of this Agreement. c. Pay all costs, and perform and supply or contract for 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 Projectd. Advertise, let, and supervise Project construction, including an assumption of ownershipto procure and award any contract in accordance with applicable procurement law, liabilityrules, regulations 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 constructionordinances. 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- of-way acquisition; project development and design; and project construction and management. f. Cause all designs and PS&Es to be performed under the direct supervision of a Registered New Mexico Professional Engineer. g. Obtain all required written agreements or permits relating to any realignment of Public Entity’s roads, when applicable, from all public and private entities. h. Initiate the preliminary engineering, survey, and all design activities, and coordinate Project construction. i. Consider provisions for pedestrian, bicycle and equestrian facilities in the Project design in accordance with NMSA 1978, Section 67-3-62. j. 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. k. Design the Project in accordance with Exhibit A, "Minimum Design Standards", which is incorporated into this Agreement. j. l. Adhere to Exhibit B, "Minimum Survey and Right of Way Acquisition Requirements", which is incorporated into this Agreement. k. m. Comply with Exhibit CD, "Construction Phase Duties and Obligations", which is incorporated into this Agreement. l. n. Make no changes in design or scope of work, unless for safety reasons and with documented approval of the Department. m. o. Allow the Department to inspect the Project to confirm that the Project is constructed in accordance with the provisions of this Agreement. Disclosures of any failure to meet such requirements and standards, as identified by the Department, will result in termination of this Agreement, for default, including without limitation its costs for funding, labor, equipment, and materials. p. Complete the project within twenty-four (24) months of approval of funding by the State Transportation Commission. q. 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. r. 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. s. 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 “Certification of Construction Phase” form. p. Failure to timely provide Certification Nos. 1, 2 and 3, listed above, will be considered a material breach of this Agreement and Public Entity shall reimburse to the Department all funds disbursed in accordance with this Agreement. q. Obtain all required written agreements or permits relating to any realignment of Public Entity’s roads, when applicable, from all public and private entities. r. Advertise, let, and supervise the construction of the Project. s. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances. t. Allow the Department to perform a final inspection of the Project to determining if the Project was constructed in accordance with the provisions of this Agreement. Disclosures of any failure to meet requirements and standards as determined by the Department will result in termination of this Agreement, for default, including without limitation its costs for funding, labor, equipment, and materials. u. Upon completion, maintain all the Public Entity’s facilities constructed or reconstructed under this Agreement.

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 5 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 5 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 5 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 “Certification of Construction Phase” form. p. Failure to timely provide Certification Nos. 1, 2 and 3, listed above, will be considered a material breach of this Agreement and Public Entity shall reimburse to the Department all funds disbursed in accordance with this Agreement. q. Obtain all required written agreements or permits relating to any realignment of Public Entity’s roads, when applicable, from all public and private entities. r. Advertise, let, and supervise the construction of the Project. s. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances. t. Allow the Department to perform a final inspection of the Project to determining if the Project was constructed in accordance with the provisions of this Agreement. Disclosures of any failure to meet requirements and standards as determined by the Department will result in termination of this Agreement, for default, including without limitation its costs for funding, labor, equipment, and materials. u. Upon completion, maintain all the Public Entity’s facilities constructed or reconstructed under this Agreement.

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 3 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 3 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 3 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 “Certification of Construction Phase” form. p. Failure to timely provide Certification Nos. 1, 2 and 3, listed above, will be considered a material breach of this Agreement and Public Entity shall reimburse to the Department all funds disbursed in accordance with this Agreement. q. Obtain all required written agreements or permits relating to any realignment of Public Entity’s roads, when applicable, from all public and private entities. r. Advertise, let, and supervise the construction of the Project. s. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances. t. Allow the Department to perform a final inspection of the Project to determining if the Project was constructed in accordance with the provisions of this Agreement. Disclosures of any failure to meet requirements and standards as determined by the Department will result in termination of this Agreement, for default, including without limitation its costs for funding, labor, equipment, and materials. u. Upon completion, maintain all the Public Entity’s facilities constructed or reconstructed under this Agreement.

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 's plans. c. Adopt a written Resolution of support for the Project, including an assumption of ownershipofownership, 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 ▇▇▇▇ ▇▇▇▇NMSA 1978, 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- 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. 1. Make no changes in design or scope of workofwork, unless for safety reasons and with documented approval of the Department. m. Prior to Project construction, furnish the Department’s 's District 6 5 Office the "Certification of the Pre-Construction Contract Phase" form, which is attached as Certification No. 1.of n. Within thirty (30) calendar days of completion, furnish the Department’s 's District 6 5 Office the “"Certification of Construction Phase” Phue" form, which is attached as Certification No. 2. o. Within thirty (30) calendar days of completion, furnish the Department’s '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 “Certification of Construction Phase” form.5 Office p. Failure to timely provide Certification Nos. 1, 2 and 3, listed above, will be considered a material breach of this Agreement and Public Entity shall reimburse to the Department all funds disbursed in accordance with this Agreement. q. Obtain all required written agreements or permits relating to any realignment of Public Entity’s 's roads, when applicable, from all public and private entities. r. Advertise, let, and supervise the construction of the Project. s. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances. t. Allow the Department to perform a final inspection of the Project to determining if the Project was constructed in accordance with the provisions of this Agreement. Disclosures of any failure to meet requirements and standards as determined by the Department will result in termination of this Agreement, for default, including without limitation its costs for funding, labor, equipment, and materials. u. Upon completion, maintain all the Public Entity’s 's facilities constructed or reconstructed under this Agreement.

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 ▇▇▇▇ ▇▇▇▇NMSA 1978, 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 “Certification of Construction Phase” form. p. Failure to timely provide Certification Nos. 1, 2 and 3, listed above, will be considered a material breach of this Agreement and Public Entity shall reimburse to the Department all funds disbursed in accordance with this Agreement. q. Obtain all required written agreements or permits relating to any realignment of Public Entity’s roads, when applicable, from all public and private entities. r. Advertise, let, and supervise the construction of the Project. s. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances. t. Allow the Department to perform a final inspection of the Project to determining if the Project was constructed in accordance with the provisions of this Agreement. Disclosures of any failure to meet requirements and standards as determined by the Department will result in termination of this Agreement, for default, including without limitation its costs for funding, labor, equipment, and materials. u. Upon completion, maintain all the Public Entity’s facilities constructed or reconstructed under this Agreement.