Township Council Meeting — Packet

March 2022 2. New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement Description of Project – Scope of Work A detailed Project description is included in the Project Scope of Work and a detailed Cost Estimate are attached to this Agreement. Agreement Contract Terms 3. The State hereby awards a Grant of federal funds, available on a reimbursement basis, in for the period of performance (“Project Fund”). 3.1 the amount of $ 338,880.15 Neither the State, FHWA, nor USDOT shall provide funding greater than this amount under this Agreement. The Subrecipient acknowledges that neither the State, FHWA nor USDOT are liable for payments that exceed this amount. The Period of Performance for this award begins on the date of this agreement and shall 3.2 continue in effect until the Project is completed and all payment vouchers have been paid subject to Section 7 below or until, based on inactivity as defined in Section 7.5.2 below. The Project shall be completed by 12/31/2028 , unless either terminated or extended by written authorization of the State. Under 2 C.F.R. § 200.309, the Subrecipient shall not charge to this award costs that are incurred prior to and/or after the Period of Performance. Once the Period of Performance has concluded all obligations of the State, USDOT, and FHWA are terminated under this Agreement. Subject to the following, this Agreement may be terminated by either party upon thirty (30) 3.3 days written notice to the other party. 3.3.1 The State may, in its sole discretion, terminate this Agreement for cause and all of its obligations under this Agreement if any of the following occurs: 3.3.1.1 The Subrecipient fails to begin expenditure of award funds; 3.3.1.2 The Subrecipient fails to meet the conditions and obligations specified under this Agreement, including a material failure to comply with the Period of Performance in Section 3.2 even if it is beyond the reasonable control of the Subrecipient. 3.3.1.3 The State, USDOT, or FHWA, may terminate this Agreement for convenience if, in their sole discretion, they determine that termination of this Agreement is in the public interest. Costs incurred by the Subrecipient as a result of a termination for convenience by the State or FHWA may be included in the Subrecipient's claim for compensation. 3.3.1.4 The Subrecipient

ic interest. Costs incurred by the Subrecipient as a result of a termination for convenience by the State or FHWA may be included in the Subrecipient's claim for compensation. 3.3.1.4 The Subrecipient abandons the Project during any phase (planning, design, construction, etc.). The State may demand the return of all funds or the remaining funds, at its own discretion. 3.3.2 In the event the Subrecipient terminates the Agreement, the State in its discretion will determine compensation, if any, to be paid. 3.3.3 This Agreement terminates on Project Closeout. 3