ill.
H.
each contract entered into pursuant to this AGREEMENT, Required Federal contract
provisions can be obtained through the DEPARTMENT’s Labor Compliance Office (271-
6612) or Online at: http://Avww.nh.gowdot/org‘administration/ofe/documents.
The PROJECT SPONSOR certifies by entering into this Agreement that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from entering into this Agreement by any federal agency or by any
department, agency or political subdivision of the State of New Hampshire. The term
“principal” for purposes of this Agreement means an officer, director, key employee or other
person with primary management or supervisory responsibilities, or a person who has critical
influence on or substantive control over the operations of the PROJECT SPONSOR. The
PROJECT SPONSOR also certifies that it will verify the state and federal suspension and
debarment status for all parties (consultant/vendor/contractor, etc.) receiving funds under this
Agreement as a sub-Agreement and shall be solely responsible for any recoupment, penalties
or costs that might arise from use of a suspended or debarred party. The PROJECT SPONSOR
shall immediately notify the Department ifany sub-Agreement party is debarred or suspended,
and shall, at the DEPARTMENT'S request. take all steps required by the State to terminate
its sub-Agreement relationship with the party for work to be performed under this Agreement.
If there is a default of any nature to this AGREEMENT, the PROJECT SPONSOR shall be
required to rermburse the DEPARTMENT and/or the Federal Highway Trust Fund for all
funds expended under this Project.
DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT:
A.
B.
The DEPARTMENT shall review the Project engineering plans, environmental documents
and contract documents applicable to the Federal Highway Administration and State of New
Hampshire requirements for a Federally-funded project and submit appropriate documentation
to the Federal Highway Administration (FHWA) to receive Federal approval, The PROJECT
SPONSOR shall provide twelve (12) weeks advance notice of cach submittal requiring
DEPARTMENT action and/or review. [f the full submittal requiring only DEPARTMENT
action is received as scheduled, return of review comments and/or approval by the
DEPARTMENT shall be no later than four (4) weeks of PROJECT SPONSOR'S submittal to
the DEPARTMENT. Submittals requiring action by FHWA will be processed in a timely
manner, however a timeframe for approval by FHWA cannot be guaranteed.
The DEPARTMENT shall reimburse its share to the PROJECT SPONSOR after receipt and
approval of properly documented invoices that have been certified by the PROJECT
SPONSOR as properly representing work that has been completed and paid for by the
PROJECT SPONSOR.
The DEPARTMENT shall use its best efforts to obtain authorization of the Project from the
Federal Highway Administration,
IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE DEPARTMENT AND
THE PROJECT SPONSOR:
A.
B.
That the PROJECT SPONSOR will not incur any Project costs nor enter into any agreement
with any third party, including but not limited to consultants. contractors, or engineers until
such time that it receives a written notice to proceed from the DEPARTMENT to do so.
That the maximum amount of funds available for this Project for reimbursement under this
AGREEMENT from the DEPARTMENT shall be as set forth in the table on page 1. As the
scope of the Project is finalized, should the costs for the Project exceed the amount budgeted,
