Common use of CITY AGREES Clause in Contracts

CITY AGREES. 1. To perform or have performed by consultant forces: (a) the design of the PROJECT (including the development of plans, specifications, and estimates); (b) the completion of the NEPA documentation in conformance with 23 CFR Part 771; (c) the acquisition of environmental permits and clearances; and (d) the advertisement, award, and construction management of the PROJECT, as outlined in Attachment A, in accordance with Federal, State, and local laws, regulations, ordinances, and policies, including, but not limited to, those listed in the FHWA “Contract Administration Core Curriculum Participant’s Manual and Reference Guide” at xxxx://xxx.xxxx.xxx.xxx/programadmin/contracts/coretoc.cfm, incorporated herein by reference. The PROJECT shall be designed and constructed in accordance with CITY standards. The PROJECT shall be operated and maintained in accordance with applicable Federal, State, and local laws, regulations, ordinances, and policies. 2. To provide the design and the construction oversight of the project at no cost to the PROJECT. 3. To require those utility companies having franchise agreements with the CITY, when permitted under the terms of the franchise agreements, to relocate their facilities if necessary or otherwise accommodate the PROJECT at no cost to the PROJECT, DEPARTMENT or the CITY. 4. To ensure that any utility relocations are in compliance with ADA requirements. 5. To invite the DEPARTMENT to PROJECT meetings, including, but not limited to, field reviews, right-of-way settings, review meetings, and the pre-construction conference. 6. To submit to the DEPARTMENT for review and approval preliminary plans at sixty percent (60%), ninety percent (90%), and one hundred percent (100%) design phases. The ninety percent (90%) and one hundred percent (100%) submittals shall include the PROJECT specifications, cost estimate, and bid documents, which must include the provisions listed in Attachment B "Required Documents in Bid Packets of Projects," attached hereto and incorporated herein. 7. To provide the DEPARTMENT a written certification evidencing that: (a) the proposed improvements will be constructed on property owned or authorized to be used by the CITY; (b) any right-of-way acquired for the PROJECT has been obtained in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended; and (c) any utility relocations and/or adjustments were completed in accordance with federal and state regulations. The CITY shall submit the certification to the DEPARTMENT concurrent with its provision of the ninety percent (90%) submittal. 8. To proceed with the PROJECT advertisement only after receiving a written “Notice to Proceed” from the DEPARTMENT. 9. To submit to the DEPARTMENT three (3) final sets of plans, specifications, estimates, and bid documents for the DEPARTMENT’s use. 10. To perform the construction administration of the construction contract by providing appropriate personnel to: (a) observe, review, inspect, and perform materials testing; (b) be in responsible charge of the construction; (c) be capable of answering any question that may arise in relation to the contract plan and specifications during construction; (d) be responsible for ensuring that all applicable NEPA environmental permits and clearances requirements for monitoring and mitigation during construction of the PROJECT are being met; (e) be responsible for monitoring compliance with legal, contractual and regulatory requirements including reporting requirements; and (f) to report to the DEPARTMENT’s Resident Engineer on administration of the contract, compliance with Federal requirements, and the contractor’s acceptable fulfillment of the contract. 11. To submit to the DEPARTMENT for review and approval any addenda, supplementals, and change orders and to obtain written DEPARTMENT approval for any addenda, supplementals, and change orders prior to incorporating them into the PROJECT. 12. To allow the DEPARTMENT and its designated representatives to monitor all work associated with the PROJECT during construction. 13. To incorporate all required DBE goals and/or training hours into the contract for the PROJECT as well as all applicable Federal and State required provisions and terms regarding the DBE goals and/or training hours. 14. To submit to the DEPARTMENT the DBE information submitted by bidders on the PROJECT to show their compliance with 49 CFR Part 26 and to provide any supporting documentation required to clarify the DBE information provided for review by the DEPARTMENT prior to making a determination of the lowest responsive and responsible bidder. 15. To monitor the consultant and/or contractor on the PROJECT to ensure that DBE goals and/or training hours are being met in accordance with all applicable Federal and State laws, including, but not limited to, 49 CFR Part 26 and to make available to the DEPARTMENT all necessary documents to support compliance with the DBE and/or training standards. 16. To perform PROJECT documentation and quality control during contract administration according to the CITY’s established procedures, as approved by the DEPARTMENT. If the CITY does not have DEPARTMENT-approved procedures, it must then follow the procedures contained in the DEPARTMENT’s “Documentation Manual” and “Construction Manual,” incorporated herein by reference. The manuals may be obtained from the DEPARTMENT’s Administrative Services Division. 17. To monitor compliance with subcontracting, prompt payments, and DBE requirements using B2GNow for tracking and reporting purposes and require contractors and subcontractors to use and submit documentation through B2GNow. 18. To provide to the DEPARTMENT all reporting and project documentation, as necessary for financial management, required by applicable Federal requirements and any future Federal reporting requirements and to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A available at xxxx://xxxxxxx.xxxxxx.xxx.xxx/2010/pdf/2010-22705.pdf. 19. As work progresses on the PROJECT, the CITY shall provide the DEPARTMENT with monthly invoices for payment of the PROJECT costs. The final invoice must be submitted within ninety (90) calendar days of the acceptance of the PROJECT by the DEPARTMENT. The invoice shall be based upon and accompanied by auditable supporting documentation. Total reimbursement shall not exceed the total obligated amount, as established in Article I, Paragraph 3, less any DEPARTMENT eligible PROJECT costs. The estimated DEPARTMENT PROJECT costs are shown in Article III, Paragraph 5. Invoices for the preliminary engineering and right-of- way phases shall be forwarded to the DEPARTMENT's Local Public Agency Coordinator for payment processing. Invoices for the construction phase including the final invoice shall be forwarded to the DEPARTMENT's Resident Engineer for review. The DEPARTMENT's Resident Engineer shall forward the invoice to the DEPARTMENT’s Local Public Agency Coordinator for payment processing. Eligible PROJECT costs are those costs as defined in 2 CFR Part 200, and the XXX. 20. To be responsible for the five percent (5%) match of Federal funds in an amount not to exceed Twelve Thousand Two Hundred Seventy-One and No/100 Dollars ($12,271.00) and for one hundred percent (100%) of all costs exceeding the obligated Federal funds, subject to the CITY’s budgeted appropriations and the allocation of sufficient funds by the governing body of the CITY. The CITY agrees that the DEPARTMENT and the State of Nevada are not responsible for any costs exceeding the obligated Federal funds. 21. To accept maintenance responsibilities for the improvements consisting of the retaining wall constructed as part of the PROJECT upon its completion and the DEPARTMENT’s final written acceptance of the PROJECT. The level of maintenance effort shall be commensurate with the CITY’s overall maintenance budget allocated by the CITY’s governing body. 22. To complete and sign Attachment C – “Affidavit Required Under 23 U.S.C. Section 112(C) and 2 CFR Parts 180 and 1200 - SUSPENSION OR DEBARMENT” and Attachment D – “Certification Required by Section 1352 of Xxxxx 00, Xxxxxx Xxxxxx Code, Restrictions of Lobbying Using Appropriated Federal Funds,” “Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities,” and “Disclosure of Lobbying Activities” attached hereto and incorporated herein.

CITY AGREES. 1. To perform or have performed by consultant forces: (a) the design of the PROJECT (including the development of plans, specifications, and estimates); (b) the completion of the NEPA documentation in conformance with 23 CFR Part 771; (c) the acquisition of environmental permits and clearances; (d) coordinate utility relocations; and (de) the advertisement, award, award and construction management of the PROJECT, as outlined in Attachment A, in accordance with Federal, State, and local laws, regulations, ordinances, and policies, including, including but not limited to, to those listed in the FHWA “Contract Administration Core Curriculum Participant’s Manual and Reference Guide” at xxxx://xxx.xxxx.xxx.xxx/programadmin/contracts/coretoc.cfm, incorporated herein by reference. The PROJECT shall be designed and constructed in accordance with CITY standards. The PROJECT shall be operated and maintained in accordance with applicable Federal, State, and local laws, regulations, ordinances, and policies. 2. To provide the design and the construction oversight of the project at no cost to the PROJECT. 3. To require those utility companies having franchise agreements with the CITY, when permitted under the terms of the franchise agreementsagreement, to relocate their facilities if necessary or otherwise accommodate the PROJECT at no cost to the PROJECT, DEPARTMENT or the CITY. 3. To coordinate and provide a liaison for the relocation or adjustment of utilities in accordance with applicable State and Federal regulations, including but not limited to NAC Chapter 408 and 23 CFR Part 645. 4. To ensure that any utility relocations are in compliance with ADA requirements. 5. To invite the DEPARTMENT to PROJECT meetings, including, including but not limited to, to field reviews, right-of-way settings, review meetings, and the pre-construction conference. 6. To submit to the DEPARTMENT for review and approval preliminary plans at sixty percent (60%), ninety percent (90%), and one hundred percent (100%) design phases. The ninety percent (90%) and one hundred percent (100%) submittals shall include the PROJECT specifications, cost estimate, and bid documents, which must include the provisions listed in Attachment B "Required Documents in Bid Packets of Projects," attached hereto and incorporated herein. 7. To provide the DEPARTMENT a written certification certification, accompanied by supporting documentation, evidencing that: (a) the proposed improvements will be constructed on property owned or authorized to be used by the CITY; and (b) any right-of-way acquired for the PROJECT has been obtained in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended; and (c) any utility relocations and/or and /or adjustments were completed in accordance with federal and state regulations. The CITY shall submit the certification to the DEPARTMENT concurrent with its provision of the ninety percent (90%) submittal. 8. To proceed with the PROJECT advertisement only after receiving a written “Notice to Proceed” from the DEPARTMENT. 9. To submit to the DEPARTMENT three (3) final sets of plans, specifications, estimates, and bid documents for the DEPARTMENT’s use. 10. To perform the construction administration of the construction contract by providing appropriate personnel to: (a) observe, review, inspect, and perform materials testing; (b) be in responsible charge of the construction; (c) be capable of answering any question that may arise in relation to the contract plan and specifications during construction; (d) be responsible for ensuring that all applicable NEPA environmental permits and clearances requirements for monitoring and mitigation during construction of the PROJECT are being met; (e) be responsible for monitoring compliance with legal, contractual and regulatory requirements including reporting requirements; and (f) to report to the DEPARTMENT’s Resident Engineer on administration of the contract, compliance with Federal requirements, and the contractor’s acceptable fulfillment of the contract. 11. To submit to the DEPARTMENT for review and approval any addenda, supplementals, supplementals and change orders and to obtain written DEPARTMENT approval for any addenda, supplementals, and change orders prior to incorporating them into the PROJECT. 12. To allow the DEPARTMENT and its designated representatives to monitor all work associated with the PROJECT during construction. 13. To incorporate all required DBE goals and/or training hours into the contract for the PROJECT as well as all applicable Federal and State required provisions and terms regarding the DBE goals and/or training hours. 14. To submit to the DEPARTMENT the DBE information submitted by bidders on the PROJECT to show their compliance with 49 CFR Part 26 and to provide any supporting documentation required to clarify the DBE information provided for review by the DEPARTMENT prior to making a determination of the lowest responsive and responsible bidder. 15. To monitor the consultant and/or contractor on the PROJECT to ensure that DBE goals and/or training hours are being met in accordance with all applicable Federal and State laws, including, including but not limited to, to 49 CFR Part 26 26, and to make available to the DEPARTMENT all necessary documents to support compliance with the DBE and/or training standards. 16. To perform PROJECT documentation and quality control during contract administration according to the CITY’s established procedures, as approved by the DEPARTMENT. If the CITY does not have DEPARTMENT-approved procedures, it must then follow the procedures contained in the DEPARTMENT’s “Documentation Manual” and “Construction Manual,” incorporated herein by reference. The manuals may be obtained from the DEPARTMENT’s Administrative Services Division. 17. To monitor compliance with subcontracting, prompt payments, and DBE requirements using B2GNow the DEPARTMENT’s Civil Rights and Labor System for tracking and reporting purposes and require contractors and subcontractors to use and submit documentation through B2GNowthe DEPARTMENT’s Civil Rights and Labor System. 18. To provide to the DEPARTMENT all reporting and project documentation, as necessary for financial management, required by applicable Federal requirements and any future Federal reporting requirements and to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A available at xxxx://xxxxxxx.xxxxxx.xxx.xxx/2010/pdf/2010-22705.pdf. 19. As work progresses on the PROJECT, the CITY shall provide the DEPARTMENT with monthly invoices for payment of the PROJECT costs. The final invoice must be submitted within ninety (90) calendar days of the acceptance of the PROJECT by the DEPARTMENT. The invoice shall be based upon and accompanied by auditable supporting documentation. Total reimbursement shall not exceed the total obligated amount, as established in Article I, Paragraph 3, less any DEPARTMENT eligible PROJECT costs. The estimated DEPARTMENT PROJECT costs are shown in Article III, Paragraph 5. Invoices for the preliminary engineering and right-of- way phases shall be forwarded to the DEPARTMENT's Local Public Agency Coordinator for payment processing. Invoices for the construction phase including the final invoice shall be forwarded to the DEPARTMENT's Resident Engineer for review. The DEPARTMENT's Resident Engineer shall forward the invoice to the DEPARTMENT’s Local Public Agency Coordinator for payment processing. Eligible PROJECT costs are those costs as defined in 2 CFR Part 200, and the XXX. 20. To be responsible for the five percent (5%) match of Federal funds in an amount not to exceed Twelve Forty-Nine Thousand Two Three Hundred Seventy-One Sixteen and No/100 Dollars ($12,271.0049,316.00) and for one hundred percent (100%) of all costs exceeding the obligated Federal funds, funds subject to the CITY’s budgeted appropriations and the allocation of sufficient funds by the governing body of the CITY. The CITY agrees that the DEPARTMENT and the State of Nevada are not responsible for any costs exceeding the obligated Federal funds. 21. To accept maintenance responsibilities for the improvements consisting of the retaining wall sidewalk, curb and gutter, and lighting improvements constructed as part of the PROJECT upon its completion and the DEPARTMENT’s final written acceptance of the PROJECT. The level of maintenance effort shall be commensurate with the CITY’s overall maintenance budget allocated by the CITY’s governing body. 22. To complete and sign Attachment C – “Affidavit Required Under 23 U.S.C. Section 112(C) and And 2 CFR Parts 180 and 1200 - SUSPENSION OR DEBARMENT” and Attachment D – “Certification Required by Section 1352 of Xxxxx 00Title 31, Xxxxxx Xxxxxx United States Code, Restrictions of Lobbying Using Appropriated Federal Funds,” “Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities,” and “Disclosure of Lobbying Activities” attached hereto and incorporated herein.

CITY AGREES. 1. To perform or have performed by consultant forces: (a) the design of the PROJECT (including the development of plans, specifications, and estimates); (b) the completion of the NEPA documentation in conformance with 23 CFR Part 771; (c) the acquisition of environmental permits and clearances; (d) complete the survey and engineering to prepare right-of-way mapping, title reports, and legal descriptions for those parcels to be acquired; (e) acquire right-of-way; (f) coordinate utility relocations; and (dg) the advertisement, award, award and construction management of the PROJECT, as outlined in Attachment A, in accordance with Federal, State, and local laws, regulations, ordinances, and policies, including, including but not limited to, to those listed in the FHWA “Contract Administration Core Curriculum Participant’s Manual and Reference Guide” at xxxx://xxx.xxxx.xxx.xxx/programadmin/contracts/coretoc.cfm, incorporated herein by reference. The PROJECT shall be designed and constructed in accordance with CITY standards. The PROJECT shall be operated and maintained in accordance with applicable Federal, State, and local laws, regulations, ordinances, and policies. 2. To provide the design and the construction oversight of the project at no cost to the PROJECT. 3. To require those utility companies having franchise agreements with the CITY, when permitted under the terms of the franchise agreementsagreement, to relocate their facilities if necessary or otherwise accommodate the PROJECT at no cost to the PROJECT, DEPARTMENT or the CITY. 3. To coordinate and provide a liaison for the relocation or adjustment of utilities in accordance with applicable State and Federal regulations, including but not limited to NAC Chapter 408 and 23 CFR Part 645. 4. To ensure that any utility relocations are in compliance with ADA requirements. 5. To invite the DEPARTMENT to PROJECT meetings, including, including but not limited to, to field reviews, right-of-way settings, review meetings, and the pre-construction conference. 6. To hold a right-of-way setting meeting at the sixty percent (60%) design phase wherein the CITY shall provide plans showing limits of existing right-of-way and easements and any necessary right-of-way for the PROJECT, i.e., Fee Acquisitions, Permanent and Temporary Easements, and Permission to Construct limits. 7. To proceed with the PROJECT right-of-way acquisition only after receiving a written “Notice to Proceed” from the DEPARTMENT. 8. To generate right-of-way mapping, title reports, and legal descriptions for the new right-of-way parcels to be acquired and to provide these documents to the DEPARTMENT for review and approval. 9. To provide the DEPARTMENT with the required survey information to develop right-of-way mapping, title reports, and legal descriptions of parcels to be acquired. 10. To enter a contract with an appraiser listed on the approved appraiser list maintained by the DEPARTMENT for appraisal reports and review of the appraisal reports for the acquisition parcels. 11. To generate and submit to the DEPARTMENT a change in control of access request. 12. To provide the appraisal reports and appraisal review reports to the DEPARTMENT for the determination of written just compensation. 13. To acquire all necessary right-of-way for the PROJECT in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, and the DEPARTMENT’s Right-of-Way Manual and to comply with and follow the policies and regulations pertaining to real property acquisitions for federal projects as provided by direction from DEPARTMENT Right-of-Way Division personnel. 14. To submit to the DEPARTMENT for review and approval preliminary plans at sixty percent (60%), ninety percent (90%), and one hundred percent (100%) design phases. The ninety percent (90%) and one hundred percent (100%) submittals shall include the PROJECT specifications, cost estimate, and bid documents, which must include the provisions listed in Attachment B C "Required Documents in Bid Packets of Projects," attached hereto and incorporated herein. 715. To obtain an occupancy permit from the DEPARTMENT, at no cost to the CITY, allowing the CITY to occupy the DEPARTMENT’s right-of-way for the purpose of constructing and maintaining the PROJECT prior to advertising the PROJECT. 16. To follow the terms and conditions of the occupancy permit issued by the DEPARTMENT so long as the terms and conditions are consistent with the terms and conditions contained herein and to incorporate those terms and conditions into the contract bid documents. In the event of any inconsistencies and/or conflict in the terms and conditions, this Agreement shall take precedence. 17. To provide the DEPARTMENT a written certification certification, accompanied by supporting documentation, evidencing that: (a) the proposed improvements will be constructed on property owned or authorized to be used by the CITY; (b) any right-of-way acquired for the PROJECT has been obtained in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended; and (c) any utility relocations and/or and /or adjustments were completed in accordance with federal and state regulations. The CITY shall submit the certification to the DEPARTMENT concurrent with its provision of the ninety percent (90%) submittal. 818. To proceed with the PROJECT advertisement only after receiving a written “Notice to Proceed” from the DEPARTMENT. 919. To submit to the DEPARTMENT three (3) final sets of plans, specifications, estimates, and bid documents for the DEPARTMENT’s use. 1020. To perform the construction contract administration of the construction contract by providing appropriate personnel to: (a) observe, review, inspect, and perform materials testing; (b) be in responsible charge of the construction; (c) be capable of answering any question that may arise in relation to the contract plan and specifications during construction; (d) be responsible for ensuring that all applicable NEPA environmental permits and clearances requirements for monitoring and mitigation during construction of the PROJECT are being met; and (e) be responsible for monitoring compliance with legal, contractual and regulatory requirements including reporting requirements; and (f) to report to the DEPARTMENT’s Resident Engineer on administration of the contract, compliance with Federal requirements, and the contractor’s acceptable fulfillment of the contract. 1121. To submit to the DEPARTMENT for review and approval any addenda, supplementals, supplementals and change orders and to obtain written DEPARTMENT approval for any addenda, supplementals, and change orders prior to incorporating them into the PROJECT. 1222. To allow the DEPARTMENT and its designated representatives to monitor all work associated with the PROJECT during construction. 1323. To incorporate all required DBE goals and/or training hours into the contract for the PROJECT as well as all applicable Federal and State required provisions and terms regarding the DBE goals and/or training hoursgoals. 1424. To submit to the DEPARTMENT the DBE information submitted by the bidders on the PROJECT to show their compliance with 49 CFR Part 26 and to provide submit any other supporting documentation required to clarify the DBE information provided for review by the DEPARTMENT prior to making a determination of the lowest responsive and responsible bidder. 1525. To monitor the consultant and/or contractor on the PROJECT to ensure that DBE goals and/or training hours are being met in accordance with all applicable Federal and State laws, including, including but not limited to, to 49 CFR Part 26 26, and to make available to the DEPARTMENT all necessary documents to support compliance with the DBE and/or training standards. 1626. To perform PROJECT documentation and quality control during contract administration according to the CITY’s established procedures, as approved by the DEPARTMENT. If the CITY does not have DEPARTMENT-approved procedures, it must then follow the procedures contained in the DEPARTMENT’s “Documentation Manual” and “Construction Manual,” incorporated herein by reference. The manuals may be obtained from the DEPARTMENT’s Administrative Services Division. 17. To monitor compliance with subcontracting, prompt payments, and DBE requirements using B2GNow for tracking and reporting purposes and require contractors and subcontractors to use and submit documentation through B2GNow. 1827. To provide to the DEPARTMENT all reporting and project documentation, as necessary for financial management, required by applicable Federal requirements and any future Federal reporting requirements and to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A available at xxxx://xxxxxxx.xxxxxx.xxx.xxx/2010/pdf/2010-22705.pdf. 1928. As work progresses on the PROJECT, the CITY shall provide the DEPARTMENT with monthly invoices for payment of the PROJECT costsCOSTS. The final invoice must be submitted within ninety (90) 90 calendar days of the acceptance completion of the PROJECT by the DEPARTMENTPROJECT. The invoice shall be based upon and accompanied by auditable supporting documentation. Total reimbursement shall not exceed the total obligated amount, as established in Article I, Paragraph 34, less any DEPARTMENT eligible ELIGIBLE PROJECT costs. The estimated DEPARTMENT PROJECT costs are shown COSTS, as established in Article III, Paragraph 5. Invoices for the preliminary engineering and right-of- of-way phases shall be forwarded to the DEPARTMENT's Local Public Agency Coordinator for payment processing. Invoices for the construction phase including the final invoice shall be forwarded to the DEPARTMENT's Resident Engineer for review. The DEPARTMENT's Resident Engineer shall forward the invoice to the DEPARTMENT’s Local Public Agency Coordinator for payment processing. Eligible ELIGIBLE PROJECT costs COSTS are those costs as defined in 2 CFR Part 200the applicable Federal OMB Circulars, including but not limited to those listed on Attachment B attached hereto and incorporated herein, and the XXX. 2029. To be responsible for the five percent (5%) match of Federal funds in an amount not to exceed Twelve Thousand Two Hundred SeventyNinety-One Three Thousand Nine Hundred Forty-Seven and No/100 Dollars ($12,271.00293,947.00) and for one hundred percent (100%) of all costs exceeding the obligated Federal funds, funds subject to the CITY’s budgeted appropriations and the allocation of sufficient funds by the governing body of the CITY. The CITY agrees that the DEPARTMENT and the State of Nevada are not responsible for any costs exceeding the obligated Federal funds. 2130. To accept maintenance responsibilities for the improvements consisting of the retaining wall asphalt paving, signing, striping, curb, gutter, guardrail, sidewalk, and lighting constructed as part of the PROJECT upon its completion and the DEPARTMENT’s final written acceptance of the PROJECT. The level of maintenance effort shall be commensurate with the CITY’s overall maintenance budget allocated by the CITY’s governing body. 2231. To complete and sign Attachment C D – “Affidavit Required Under Section 112(c) of Title 23 U.S.C. Section 112(C) United States Code, Act of August 27, 1958 and 2 CFR Parts 180 and 1200 - SUSPENSION OR DEBARMENTPart 29 of Title 49, Code of Federal Regulations, November 17, 1987” and Attachment D E – “Certification Required by Section 1352 of Xxxxx 00, Xxxxxx Xxxxxx Code, Restrictions of Lobbying Using Appropriated Federal Funds,” “Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities,” and “Disclosure of Lobbying Activities” attached hereto and incorporated herein.

CITY AGREES. 1. To perform or have performed by consultant forces: (a) the design of the PROJECT (including the development of plans, specifications, and estimates); (b) the completion of the NEPA documentation in conformance with 23 CFR Part 771; (c) the acquisition of environmental permits and clearances; (d) coordinate utility adjustments; and (de) the advertisement, award, award and construction management of the PROJECT, as outlined in Attachment A, in accordance with Federal, State, and local laws, regulations, ordinances, and policies, including, including but not limited to, to those listed in the FHWA “Contract Administration Core Curriculum Participant’s Manual and Reference Guide” at xxxx://xxx.xxxx.xxx.xxx/programadmin/contracts/coretoc.cfm, incorporated herein by reference. The PROJECT shall be designed and constructed in accordance with CITY standards. The PROJECT shall be operated and maintained in accordance with applicable Federal, State, and local laws, regulations, ordinances, and policies. 2. To provide the design and the construction oversight of the project at no cost to the PROJECT. 3. To require those utility companies having franchise agreements with the CITY, when permitted under the terms of the franchise agreementsagreement, to relocate their facilities if necessary or otherwise accommodate the PROJECT at no cost to the PROJECT, DEPARTMENT or the CITY. 3. To coordinate and provide a liaison for the relocation or adjustment of utilities in accordance with applicable State and Federal regulations, including but not limited to NAC Chapter 408 and 23 CFR Part 645. 4. To ensure that any utility relocations are in compliance with ADA requirements. 5. To invite the DEPARTMENT to PROJECT meetings, including, including but not limited to, to field reviews, right-of-way settings, review meetings, and the pre-construction conference. 6. To hold a right-of-way setting meeting at the sixty percent (60%) design phase wherein the CITY shall provide plans showing limits of existing right-of-way and easements and any necessary right-of-way for the PROJECT, i.e., Fee Acquisitions, Permanent and Temporary Easements, and Permission to Construct limits. 7. To proceed with the PROJECT right-of-way acquisition only after receiving a written “Notice to Proceed” from the DEPARTMENT. 8. To generate right-of-way mapping, title reports, and legal descriptions for the new right-of-way parcels to be acquired and to provide these documents to the DEPARTMENT for review and approval. 9. To provide the DEPARTMENT with the required survey information to develop right-of-way mapping, title reports, and legal descriptions of parcels to be acquired. 10. To enter into a contract with an appraiser listed on the approved appraiser list maintained by the DEPARTMENT for appraisal reports and review of the appraisal reports for the acquisition parcels. 11. To provide the appraisal reports and appraisal review reports to the DEPARTMENT for the determination of written just compensation. 12. To acquire all necessary right-of-way for the PROJECT in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, and the DEPARTMENT’s Right-of-Way Manual and to comply with and follow the policies and regulations pertaining to real property acquisitions for federal projects as provided by direction from DEPARTMENT Right-of-Way Division personnel. 13. To submit to the DEPARTMENT for review and approval preliminary plans at sixty percent (60%), ninety percent (90%), and one hundred percent (100%) design phases. The ninety percent (90%) and one hundred percent (100%) submittals shall include the PROJECT specifications, cost estimate, and bid documents, which must include the provisions listed in Attachment B "Required Documents in Bid Packets of Projects," attached hereto and incorporated herein. 714. To provide the DEPARTMENT a written certification certification, accompanied by supporting documentation, evidencing that: (a) the proposed improvements will be constructed on property owned or authorized to be used by the CITY; (b) any right-of-way acquired for the PROJECT has been obtained in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended; and (c) any utility relocations and/or and /or adjustments were completed in accordance with federal and state regulations. The CITY shall submit the certification to the DEPARTMENT concurrent with its provision of the ninety percent (90%) submittal. 815. To proceed with the PROJECT advertisement only after receiving a written “Notice to Proceed” from the DEPARTMENT. 916. To submit to the DEPARTMENT three (3) final sets of plans, specifications, estimates, and bid documents for the DEPARTMENT’s use. 1017. To perform the construction administration of the construction contract by providing appropriate personnel to: (a) observe, review, inspect, and perform materials testing; (b) be in responsible charge of the construction; (c) be capable of answering any question that may arise in relation to the contract plan and specifications during construction; (d) be responsible for ensuring that all applicable NEPA environmental permits and clearances requirements for monitoring and mitigation during construction of the PROJECT are being met; (e) be responsible for monitoring compliance with legal, contractual and regulatory requirements including reporting requirements; and (f) to report to the DEPARTMENT’s Resident Engineer on administration of the contract, compliance with Federal requirements, and the contractor’s acceptable fulfillment of the contract. 1118. To submit to the DEPARTMENT for review and approval any addenda, supplementals, supplementals and change orders and to obtain written DEPARTMENT approval for any addenda, supplementals, and change orders prior to incorporating them into the PROJECT. 1219. To allow the DEPARTMENT and its designated representatives to monitor all work associated with the PROJECT during construction. 1320. To incorporate all required DBE goals and/or training hours into the contract for the PROJECT as well as all applicable Federal and State required provisions and terms regarding the DBE goals and/or training hours. 1421. To submit to the DEPARTMENT the DBE information submitted by bidders on the PROJECT to show their compliance with 49 CFR Part 26 and to provide any supporting documentation required to clarify the DBE information provided for review by the DEPARTMENT prior to making a determination of the lowest responsive and responsible bidder. 1522. To monitor the consultant and/or contractor on the PROJECT to ensure that DBE goals and/or training hours are being met in accordance with all applicable Federal and State laws, including, including but not limited to, to 49 CFR Part 26 26, and to make available to the DEPARTMENT all necessary documents to support compliance with the DBE and/or training standards. 1623. To perform PROJECT documentation and quality control during contract administration according to the CITY’s established procedures, as approved by the DEPARTMENT. If the CITY does not have DEPARTMENT-approved procedures, it must then follow the procedures contained in the DEPARTMENT’s “Documentation Manual” and “Construction Manual,” incorporated herein by reference. The manuals may be obtained from the DEPARTMENT’s Administrative Services Division. 1724. To monitor compliance with subcontracting, prompt payments, and DBE requirements using B2GNow for tracking and reporting purposes and require contractors and subcontractors to use and submit documentation through B2GNow. 1825. To provide to the DEPARTMENT all reporting and project documentation, as necessary for financial management, required by applicable Federal requirements and any future Federal reporting requirements and to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A available at xxxx://xxxxxxx.xxxxxx.xxx.xxx/2010/pdf/2010-22705.pdf. 1926. As work progresses on the PROJECT, the CITY shall provide the DEPARTMENT with monthly invoices for payment of the PROJECT costs. The final invoice must be submitted within ninety (90) calendar days of the acceptance of the PROJECT by the DEPARTMENT. The invoice shall be based upon and accompanied by auditable supporting documentation. Total reimbursement shall not exceed the total obligated amount, as established in Article I, Paragraph 3, less any DEPARTMENT eligible PROJECT costs. The estimated DEPARTMENT PROJECT costs are shown in Article III, Paragraph 5. Invoices for the preliminary engineering and right-of- way phases shall be forwarded to the DEPARTMENT's Local Public Agency Coordinator for payment processing. Invoices for the construction phase including the final invoice shall be forwarded to the DEPARTMENT's Resident Engineer for review. The DEPARTMENT's Resident Engineer shall forward the invoice to the DEPARTMENT’s Local Public Agency Coordinator for payment processing. Eligible PROJECT costs are those costs as defined in 2 CFR Part 200, and the XXX. 2027. To be responsible for the five percent (5%) match of Federal STBG funds in an amount not to exceed Twelve Twenty-Five Thousand Two Hundred Seventy-One and No/100 Dollars ($12,271.0025,000) and for one hundred percent (100%) of all costs exceeding the obligated Federal funds, funds subject to the CITY’s budgeted appropriations and the allocation of sufficient funds by the governing body of the CITY. The CITY agrees that the DEPARTMENT and the State of Nevada are not responsible for any costs exceeding the obligated Federal funds. 2128. To accept maintenance responsibilities for the improvements consisting of the retaining wall roadway widening and rehabilitating, streetlights, signs, striping, curb, gutter and sidewalks constructed as part of the PROJECT upon its completion and the DEPARTMENT’s final written acceptance of the PROJECT. The level of maintenance effort shall be commensurate with the CITY’s overall maintenance budget allocated by the CITY’s governing body. 2229. To complete and sign Attachment C – “Affidavit Required Under 23 U.S.C. Section 112(C) and And 2 CFR Parts 180 and 1200 - SUSPENSION OR DEBARMENT” and Attachment D – “Certification Required by Section 1352 of Xxxxx 00, Xxxxxx Xxxxxx Code, Restrictions of Lobbying Using Appropriated Federal Funds,” “Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities,” and “Disclosure of Lobbying Activities” attached hereto and incorporated herein.