The PROJECT SPONSOR shall provide or cause to provide for both the maintenance of the
Project during construction and subsequent maintenance of all Project elements 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 opcrational 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 of tts share of the amounts paid to cnginecring,
environmental and/or right-of-way consultants and construction contractors for the
performance of the work set forth in the Application or agrecd 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 compicted and paid for by the PROJECT SPONSOR.
The PROJECT SPONSOR is required to maintain al] project and financial records pertinent
to the development of the Project for three (3) years beyond 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 retmbursed 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 offictals, agents and cmployces from and against any and all clatms. liabilities or
suits arising from (or which may be claimed to arise from) any act or omission of the
PROJECT SPONSOR or its subcontractors in the performance of this AGREEMENT.
Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a
waiver of the sovercign tmmunity 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:
|. The PROJECT SPONSOR agrees, for ttself, tts assignees and successors in interest, that
it will comply with Title VI of the Civil Rights Act of 1964, (referred to as the ACT),
and al] requirements tmposed by or pursuant to Title 49, Code of Federal Regulations,
Part 21, (referred to as the “REGULATIONS” ), the Federal-aid Highway Act of 1973,
and other pertinent directives, to the end that no person shall on the grounds of race,
color, religion, national origin, sex, age, sexual orientation, disability or handicap, be
excluded from participation in, be denied the benefits of. or be subjected to
discrimination under any program or activity for which the PROJECT SPONSOR
receives Federal financial assistance extended by the State of New Hampshire. The
ACT and the REGULATIONS are herein incorporated by reference and made a part of
this AGREEMENT. This AGREEMENT obligates the PROJECT SPONSOR for the
period during which Fedcral financial assistance is extended.
