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. 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 requirements of 18.27.6 NMAC and this Agreement. o. Upon completion, maintain all the Public Entity’s facilities constructed or reconstructed under this Agreement.