II.
II.
The PROJECT SPONSOR certifies by entering into this Agreement that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared incligible 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 cmployee or other
person with primary management or supervisory responsibilitics, 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, ctc.) 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 if any sub-Agrecment
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.
{f the PROJECT SPONSOR defaults or fails to fulfill any part of this AGREEMENT, the
PROJECT SPONSOR shall be required to reimburse the DEPARTMENT and/or the
Federal Highway Trust Fund for all funds expended under this Project.
DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT:
A,
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 to receive Federal approval.
The DEPARTMENT shall reimburse its share to the PROJECT SPONSOR after receipt and
approval of property 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 cfforts 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.
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 cngineers until
such time that it reccives a written notice to proceed from the DEPARTMENT to do se.
That the maximum amount of funds available for this Project for reimbursement under this
AGREEMENT from the DEPARTMENT shall be as set forth tn the Table on page 1. As
the scope of the Project is finalized, should the costs for the Project exceed the amount
budgeted, the DEPARTMENT agrees to review Project costs for consideration of additional
funding. Neither the DEPARTMENT nor the Federal Highway Administration will be
responsible for any expenses or costs incurred by the PROJECT SPONSOR under this
AGREEMENT in excess of the above amounts unless the DEPARTMENT expressly
authorizes additional funding prior to the work being performed.
