DEPARTMENT AGREES Clause Samples
DEPARTMENT AGREES. 1. To assist the CITY with (a) completing the National Environmental Policy Act (NEPA) documentation in conformance with 23 CFR Part 771 and (b) obtaining the environmental permits and clearances.
2. To ensure that the CITY’s actions are in accordance with applicable Federal and State regulations and policies.
3. To obligate Federal TAP funding for the PROJECT in a maximum amount of Two Hundred Fifty-Six Thousand Five Hundred and No/100 Dollars ($256,500.00).
4. To establish a Project Identification Number to track all PROJECT costs.
5. Once the funding is obligated, to provide the CITY with a written “Notice to Proceed” authorizing the preliminary engineering of the PROJECT. The “Notice to Proceed” will include the Federal Award Identification Number (▇▇▇▇) and the “project end date” mutually established by both parties in conformance with the requirements of 2 CFR Part 200.
6. To ensure that applicable environmental laws and regulations are met on the PROJECT and to certify the PROJECT to FHWA in accordance with Federal requirements.
7. To review and comment on the CITY’s design (including plans, specifications, and estimates) within 15 working days from receipt of submittal of such design and to ensure that American Association of State Highway Transportation Officials (AASHTO) and Manual on Uniform Traffic Control Devices (MUTCD) Guidelines are followed, and that the design meets the requirements of the Americans with Disability Act (ADA).
8. To assign a Right-of-Way Agent to provide guidance and oversight to ensure all utility relocations are performed in accordance with State and Federal regulations including, but not limited to Nevada Administrative Code (NAC) Chapter 408 and 23 CFR Part 645.
9. To ensure that applicable right-of-way laws and regulations are met on this PROJECT and to document those actions taken in accordance with the DEPARTMENT’s administrative requirements.
10. To provide an overall Disadvantaged Business Enterprise (DBE) participation goal and/or training hours for the PROJECT based on the DEPARTMENT’s DBE Program, subject to and in accordance with Federal and State law and any other applicable laws, rules and regulations.
11. To review the DBE information submitted to the CITY by bidders on the PROJECT for compliance with 49 CFR Part 26 and to provide the CITY with the results of such review.
12. To review and approve the CITY’s procedures utilized for advertising, bid opening, and award of the PROJECT, so that the DEPARTMENT m...
DEPARTMENT AGREES. 1. To assist the CITY with: (a) completing the National Environmental Policy Act (NEPA) documentation in conformance with 23 CFR Part 771 and (b) obtaining the environmental permits and clearances.
2. To ensure that the CITY’s actions are in accordance with applicable Federal and State regulations and policies.
3. To obligate Federal TAP funding for the PROJECT in a maximum amount of Two Hundred Eighty-Five Thousand and No/100 Dollars ($285,000.00).
4. To establish a Project Identification Number to track all PROJECT costs.
5. To ensure that applicable environmental laws and regulations are met on the PROJECT and to certify the PROJECT to FHWA in accordance with Federal requirements.
6. To review and comment on the CITY’s design (including plans, specifications, and estimates) within fifteen (15) working days from receipt of submittal of such design and to ensure that American Association of State Highway Transportation Officials (AASHTO) and Manual on Uniform Traffic Control Devices (MUTCD) Guidelines are followed and that the design meets the requirements of the Americans with Disability Act (ADA).
7. To ensure that applicable right-of-way laws and regulations are met on this PROJECT and to document those actions taken in accordance with the DEPARTMENT’s administrative requirements.
8. To provide an overall Disadvantaged Business Enterprise (DBE) participation goal and/or training hours for the PROJECT based on the DEPARTMENT’s DBE Program, subject to and in accordance with Federal and State law and any other applicable laws, rules and regulations.
9. To review the DBE information submitted to the CITY by bidders on the PROJECT for compliance with 49 CFR Part 26 and to provide the CITY with the results of such review.
10. To review and approve the CITY’s procedures utilized for advertising, bid opening, and award of the PROJECT, so that the DEPARTMENT may satisfy itself that the same are in accordance with applicable Federal requirements.
11. To ensure that all reporting and project documentation, as necessary for financial management and required by applicable Federal requirements, is submitted by the DEPARTMENT to the FHWA.
12. To authorize the CITY to proceed with the advertisement and award of the contract and construction of the PROJECT, once the final design (including plans, specifications and estimates) and bid documents have been reviewed and approved by the DEPARTMENT, all certifications have been completed, and the funding authorized by FHWA.
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DEPARTMENT AGREES. 1. To provide IQA and oversight at AUTHORITY’s expense of all work necessary for completion of the PS&E, R/W and construction for PROJECT done by AUTHORITY within SHS R/W, including, but not limited to, investigation of potential hazardous material sites and all right of way activities undertaken by AUTHORITY or its designee, and provide reviews, comments, concurrence, and/or approvals as appropriate, of submittals by AUTHORITY, while cooperating in timely processing of documents necessary for completion of the PS&E, R/W and construction for PROJECT.
2. To provide source inspection during construction for PROJECT at AUTHORITY’s expense.
3. To provide for AUTHORITY’s review and consideration a budget proposal for DEPARTMENT’s PROJECT costs for the upcoming fiscal year no later than May 1st of the prior fiscal year. Budget proposal shall be itemized as mutually agreed upon by DEPARTMENT and AUTHORITY. If DEPARTMENT fails to provide a timely budget proposal, AUTHORITY may propose on DEPARTMENT’s behalf, a budget that sets forth AUTHORITY’s best estimate of DEPARTMENT’s anticipated costs.
4. To issue, upon proper application, as described in Article 21 of Section III, and at no cost to AUTHORITY, an encroachment permit required for work within SHS R/W.
5. To provide, at AUTHORITY's cost, SFM as requested by AUTHORITY and determined by DEPARTMENT to be appropriate and available during construction of PROJECT. Upon receipt of AUTHORITY’s request for any such SFM, DEPARTMENT will order those materials and DEPARTMENT’s Project Manager will have an invoice submitted to AUTHORITY for the costs of those materials. Upon receipt of those materials and AUTHORITY’s payment, DEPARTMENT will make those SFM available to AUTHORITY at a DEPARTMENT designated site.
6. To invoice AUTHORITY for the cost of all PROJECT related work performed by DEPARTMENT, subject to and consistent with AUTHORITY’s adopted PROJECT budgets.
7. To provide AUTHORITY a monthly request for thirty (30) days’ advance funding based upon DEPARTMENT’s estimate of the anticipated PROJECT costs that will be incurred by DEPARTMENT in performance of this Agreement. DEPARTMENT will provide AUTHORITY, along with the estimate, DEPARTMENT’s published electronic fund transfer (EFT) invoice schedule. DEPARTMENT will submit, within thirty (30) days after submission of each funding advance request, a detailed expenditure report for the charges contained therein, including PROJECT closeout adjustments within the adopte...
DEPARTMENT AGREES. To reimburse the City of ▇▇▇▇▇▇ upon submission of proper invoices up to the Agreement amount of Ten Thousand Dollars ($10,000.00) of federal funds to support the designated project unless otherwise increased or decreased by appropriations.
DEPARTMENT AGREES. 1. To request its Board’s approval of the transfer ownership and maintenance of certain rights-of-way to the CITY for SR ▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, as shown on Attachment 1, beginning east of the trailing edge of Bridge B-89 at Mile Post CL-11.406 and ending at Mile Post CL-12.268, the south right-of-way line of Mesquite Blvd; together with its attendant maintenance and improvement responsibilities, (the “TRANSFER”); and
2. To provide the CITY with copies of records regarding the roadway that is the subject of the proposed TRANSFER from the DEPARTMENT to the CITY, which includes but is not limited to legal descriptions, right-of-way maps, utility easement descriptions, maintenance records, as-built plans, and structure details.
3. To have prepared all legal descriptions and maps necessary for the transfer of DEPARTMENT rights-of-way to the CITY.
4. To provide the legal descriptions and maps to the CITY for review and comment prior to transfer of the rights-of-way.
5. To prepare a “Resolution Consenting to Relinquishment and Land Transfer Agreement” (“Consent”) and the “Resolution of Relinquishment”. The Consent shall be submitted to the CITY for action and approval by its City Council.
6. To present to the DEPARTMENT’s Board for its approval the CITY’s executed “Resolution Consenting to Relinquishment and Land Transfer Agreement” and the “Resolution of Relinquishment” for the TRANSFER.
7. To pay the CITY the total sum of Six Hundred Twenty-Six Thousand Five Hundred Fifty and No/100 Dollars ($626,550.00), for the “TRANSFER”. The DEPARTMENT shall issue one direct payment to the CITY for said rights-of-way to be conveyed pursuant to this Agreement. Such payment to be made upon recordation of the “Resolution of Relinquishment”.
8. The “TRANSER” by the DEPARTMENT to the CITY pursuant to this Agreement, shall be transferred upon the recordation of the “Resolution of Relinquishment”.
DEPARTMENT AGREES. 1. To assist the CITY with: (a) completing the National Environmental Policy Act (NEPA) documentation in conformance with 23 CFR Part 771 and (b) obtaining the environmental permits and clearances.
2. To ensure that the CITY’s actions are in accordance with applicable Federal and State regulations and policies.
3. To obligate Federal TAP funding for the PROJECT in a maximum amount of Two Hundred Thirty-Three Thousand One Hundred Fifty-Nine and No/100 Dollars ($233,159.00).
4. To establish a Project Identification Number to track all PROJECT costs.
5. Once the funding is obligated, to provide the CITY with a written “Notice to Proceed” authorizing the preliminary engineering of the PROJECT. The “Notice to Proceed” will include the Federal Award Identification Number (▇▇▇▇) and the “project end date” mutually established by both parties in conformance with the requirements of 2 CFR Part 200.
6. To ensure that applicable environmental laws and regulations are met on the PROJECT and to certify the PROJECT to FHWA in accordance with Federal requirements.
7. To review and comment on the CITY’s design (including plans, specifications, and estimates) within fifteen (15) working days from receipt of submittal of such design and to ensure that American Association of State Highway Transportation Officials (AASHTO) and Manual on Uniform Traffic Control Devices (MUTCD) Guidelines are followed and that the design meets the requirements of the Americans with Disability Act (ADA).
8. To ensure that applicable right-of-way laws and regulations are met on this PROJECT and to document those actions taken in accordance with the DEPARTMENT’s administrative requirements.
9. To provide an overall Disadvantaged Business Enterprise (DBE) participation goal and/or training hours for the PROJECT based on the DEPARTMENT’s DBE Program, subject to and in accordance with Federal and State law and any other applicable laws, rules and regulations.
10. To review the DBE information submitted to the CITY by bidders on the PROJECT for compliance with 49 CFR Part 26 and to provide the CITY with the results of such review.
11. To review and approve the CITY’s procedures utilized for advertising, bid opening, and award of the PROJECT, so that the DEPARTMENT may satisfy itself that the same are in accordance with applicable Federal requirements.
12. To ensure that all reporting and project documentation, as necessary for financial management and required by applicable Federal requirements is su...
DEPARTMENT AGREES. 1. To ensure that the LOCAL AGENCY’s actions are taken in accordance with applicable Federal and State regulations and policies.
2. To obligate Federal Surface Transportation Block Grant Statewide Program funding for the PROJECT in a maximum amount of Six Hundred Fifty Thousand and No/100 Dollars ($650,000.00). In addition, there will be Thirty-Four Thousand Two Hundred Eleven and No/100 Dollars ($34,211.00) of State Gas Tax Funding. The total amount of funding on this Agreement is Six Hundred Eighty-Four Thousand Two Hundred Eleven and No/100 ($684,211.00)
3. To establish a Project Identification Number to track all PROJECT costs.
4. Once the funding is obligated, to provide the LOCAL AGENCY with a written “Notice to Proceed” authorizing the start of the PROJECT. The “Notice to Proceed” will include the Federal Award Identification Number (▇▇▇▇) and the “project end date” mutually established by both parties in conformance with the requirements of 2 CFR Part 200.
5. To review,comment and approve the LOCAL AGENCY’s planning document at intermittent intervals during the PROJECT, including a review of the final PROJECT.
6. The DEPARTMENT shall have twenty (20) calendar days after the postmark of an invoice to dispute any or all of the charges on that invoice. The undisputed amount shall be paid to the LOCAL AGENCY within sixty (60) calendar days of the date of postmark. The disputed amount shall be negotiated and resolved in good faith by both parties hereto and paid within forty (40) calendar days after the date the corrected invoice is received by the DEPARTMENT or is approved by both parties hereto for payment.
7. To review and approve the LOCAL AGENCY’s procedures utilized for advertising, bid opening, and awarding of the PROJECT so that the DEPARTMENT may satisfy itself that the same are in accordance with applicable Federal requirements. Although there is not a Disadvantaged Business Enterprise (DBE) goal associated with this project, it is recommended that DBE firms are used whenever possible.
8. To ensure that all reporting and project documentation, as necessary for financial management and required by applicable Federal requirements, is submitted by the DEPARTMENT to the FHWA.
9. To authorize the LOCAL AGENCY to proceed with the advertisement and award of the PROJECT contract once the RFP documentation has been reviewed and approved by the DEPARTMENT, all certifications have been completed, and the funding authorized by FHWA.
10. The DEPARTMENT sha...
DEPARTMENT AGREES. 1. To assist the CITY with: (a) completing the National Environmental Policy Act (NEPA) documentation in conformance with 23 CFR Part 771 and (b) obtaining the environmental permits and clearances.
2. To ensure that the CITY’s actions are in accordance with applicable Federal and State regulations and policies.
3. To obligate Federal STBG funding for the PROJECT in a maximum amount of Four Hundred Seventy-Five Thousand and No/100 Dollars ($475,000.00) and INFRA funding for the PROJECT in a maximum amount of Six Million Five Hundred Twenty-Five Thousand Four Hundred Ninety and No/100 Dollars ($6,525,490.00).
4. To establish a Project Identification Number to track all PROJECT costs.
5. Once the funding is obligated, to provide the CITY with a written “Notice to Proceed” authorizing the preliminary engineering of the PROJECT. The “Notice to Proceed” will include the Federal Award Identification Number (▇▇▇▇) and the “project end date” mutually established by both parties in conformance with the requirements of 2 CFR Part 200.
6. To ensure that applicable environmental laws and regulations are met on the PROJECT and to certify the PROJECT to FHWA in accordance with Federal requirements.
7. To review and comment on the CITY’s design (including plans, specifications, and estimates) within fifteen working days from receipt of submittal of such design and to ensure that DEPARTMENT, American Association of State Highway Transportation Officials (AASHTO) and Manual on Uniform Traffic Control Devices (MUTCD) Guidelines are followed and that the design meets the requirements of the Americans with Disability Act (ADA).
8. To assign DEPARTMENT Right-of-Way Survey Services staff to review and approve the mapping, title reports, and legal descriptions for those parcels to be acquired to ensure compliance with State and Federal regulations and standards.
9. To assign a Right-of-Way Agent to provide guidance and oversight to ensure the acquisition of right-of-way is 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 incorporated herein by reference. Such manual may be obtained from the DEPARTMENT’s web site.
10. Once the Right-of-Way Setting Memo is approved and funding authorized, to provide the CITY with a written “Notice to Proceed” authorizing the right-of-way acquisition for the PROJECT in accordance with the terms of this Agreement. The “Notice to Proceed” will in...
DEPARTMENT AGREES. 1. To assist the CITY with: (a) completing the National Environmental Policy Act (NEPA) documentation in conformance with 23 CFR Part 771 and (b) obtaining the environmental permits and clearances.
2. To ensure that the CITY’s actions are in accordance with applicable Federal and State regulations and policies.
3. To obligate Federal TAP funding for the PROJECT in a maximum amount of Thirty- Four Thousand and No/100 Dollars ($34,000.00).
4. To establish a Project Identification Number to track all PROJECT costs.
5. To ensure that applicable environmental laws and regulations are met on the PROJECT and to certify the PROJECT to FHWA in accordance with Federal requirements.
6. To ensure that all reporting and project documentation, as necessary for financial management and required by applicable Federal requirements, is submitted by the DEPARTMENT to the FHWA.
7. To authorize the CITY to proceed with the PROJECT, once all certifications have been completed, and the funding authorized by FHWA.
8. The DEPARTMENT shall issue such authorization through a written "Notice to Proceed". The “Notice to Proceed” will include the Federal Award Identification Number (▇▇▇▇) and the modified “project end date” mutually established by both parties in conformance with the requirements of 2 CFR Part 200.
9. To assign a Local Public Agency Coordinator to act as the DEPARTMENT’s representatives to monitor the CITY’s compliance with applicable Federal and State requirements.
10. To reimburse the CITY upon receipt of an invoice for ninety-five percent (95%) of eligible PROJECT costs based on supporting documentation. Total reimbursement shall not exceed the total obligated amount, as established in ARTICLE I, Paragraph 3. Eligible PROJECT costs are those costs as defined in 2 CFR Part 200, and the State Administrative Manual (▇▇▇), incorporated herein by reference. The ▇▇▇ may be obtained from ▇▇▇▇://▇▇▇▇▇▇.▇▇.▇▇▇/uploadedFiles/budgetnvgov/content/Governance/▇▇▇.pdf.