The above recitals are hereby incorporated into this Agreement as if fully set forth herein.
DUTIES AND RESPONSIBILITIES OF THE PROJECT SPONSOR:
A.
F.
The PROJECT SPONSOR shall comply with all Federal and State of New Hampshire laws
and rules, regulations, and policies as applicable under the Federal-aid Highway Program for
Federal Aid Construction Contracts.
The PROJECT SPONSOR shall manage the design, environmental study, right-of-way
acquisition and construction of the Project. This management is described in the current
version of the DEPARTMENT’s document titled “Local Public Agency Manual for the
Development of Projects”. as it may be amended from time to time, and, by reference, is
hereby made a part of this AGREEMENT.
The PROJECT SPONSOR shall provide or cause to provide for both the maintenance of the
Project during construction and subsequent maintenance of all Project clements together with
the maintenance of sidewalks, which includes winter snow and ice removal in accordance with
the requirements of 23 CFR 1.27 and 28 CFR 35.133, once the work under this AGREEMENT
is completed, Should operational adjustments be necessary, the PROJECT SPONSOR agrees
that no changes will be made without prior approval of the DEPARTMENT and the Federal
Highway Administration.
The PROJECT SPONSOR shall submit monthly progress reports and invoices to the
DEPARTMENT for reimbursement by the DEPARTMENT of its share of the amounts paid
to engineering, environmental and/or right-of-way consultants and construction contractors
for the performance of the work set forth in the Application or agreed upon at the scoping
meeting. The invoice structure shall include details of work completed consistent with the
Scope of Work as defined in the Application, as well as backup information to support the
charges. The PROJECT SPONSOR shall certify that the invoices properly represent payment
for work that has been completed and paid for by the PROJECT SPONSOR.
The PROJECT SPONSOR is required to maintain all project and financial records pertinent
to the development of the Project for three (3) years bey ond the date of the DEPARTMENT’s
final voucher. The DEPARTMENT will send a letter to the PROJECT SPONSOR with the
date of this approval. If there is a failure to maintain this documentation, NHDOT and/or
Federal Highway Administration could take an action up to and including requesting a refund
of all reimbursed project costs. Any and all of these project and financial records must be
made available to the DEPARTMENT and Federal Highway Administration at their request.
The PROJECT SPONSOR shall defend, indemnify and hold harmless the DEPARTMENT
and its officials, agents and employees from and against any and all claims, liabilities or suits
arising from (or which may be claimed to arise from) any act or omission of the PROJECT
SPONSOR or ils subcontractors in the performance of this AGREEMENT. Notwithstanding
the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign
immunity of the State of New Hampshire or the DEPARTMENT, which immunity is hereby
reserved. This covenant shall survive the termination of this AGREEMENT.
Non-Discrimination:
t, The PROJECT SPONSOR agrees that it will comply with Title V1 of the Civil Rights Act
of 1964, 78 Stat. 252, 432 U.S.C. 2000d—2000d-4 (referred to as the ACT), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, US
Department of Transportation, Subtitle A, Office of the Secretary, Part 21. “Non-
discrimination in Federally-Assisted Programs of The Department of Transportation —
