Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 19

Meeting Date

2026-03-25

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

19

Agency Names

Department Of Transportation

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-25

the state of new HAMPSHIRE

DEPARTMENT OF TRANSPORTATION j I

Deparimenl of Transportation MAR 2 5 2026

William Cass, P.E. ■ • ■ David Rodrigue, P.E.

Commissioner Assistant Commissioner

Michelle L. Winters

Deputy Commissioner

Bureau of Human Resources

February 5, 2026

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

REQUESTED ACTION

Authorize the Department of Transportation to enter into a Sole Source agreement with Federal Highway

Administration Finance Division, National Highway Institute, (NHl) of 1310 N. Courthouse Road, Suite 300,

Arlington, Virginia 22201 (Vendor 170717) for an amount not to exceed $116,500.00 for training from the date

of Governor and Council approval through September 30, 2026. 100% Federal Funds.

Funding is available as follows: FY 2026 FY 2027

04-96-96-960315-3027 $41,000.00 $75,500.00

Employee Training

066-500543 Continuing Professional Education

EXPLANATION

This contract is Sole Source because the training must be in full compliance with the requirements of the

Federal Highway Administration (FHWA) and the National Highway Institute (NHI) is the training arm of the

Federal Highway Administration (FHWA) and thereby will provide training that is fully compliant. Congress

established the NHI in 1970 to provide direct training, resource materials, and educational opportunities to the

surface transportation community. It is an integral part of the FHWA Office of Professional Development and

works closely with FHWA Field Resource Centers to assure the highest-level possible of professional training

and consistency with applicable FHWA standards. The actual cost averaged out per student per course is

reasonable in comparison with the cost of similar courses of a technical nature given by institutes of higher

learning or private consultants. This training is part of the Statewide 12564D STP-X-A004 (762) project for the

annual training program. The NHI is part of the FHWA and is responsible for providing expertise and training

on new technology, research, and best practices for highway and bridge related design, contracting, and project

delivery.

JOHN O. MORTON BUILDING • 7 HAZEN DRIVE • P O. BOX 483 • CONCORD, NEW HAMPSHIRE 03302-0483

TELEPHONE: 16031 271-3734 • FAX: (603) 271-3914 • TDD: RELAY NH 1-800-735-2964 • DOT.NH.GOV

Funds are available for payment of the cost of tuition and educational expenses in conjunction with the training

of Department employees in the amounts outlined above. The training will improve the quality of Department

projects and enhance the safety and efficiency of Department staff implementing transportation projects.

All training listed below will be held at or in proximity of the NHDOT headquarters in Concord and will

include approximately 20-30 NHDOT employees per course.

This training is part of the Departments annual federally approved and funded training and work force

development plan. The National Highway Institute will provide the following training courses for the New

Hampshire Department of Transportation:

Safety Inspection of In-service Bridges

Bridge Inspection Refresher Training

Utility Coordination for Highway Projects

Managing Highway Contract Claims: Analysis and Avoidance

Highway Program Funding

Road Safety Audits

The agreement has been approved by the Attorney General as to form and execution, and the Department has

verified that necessary funds are available. Copies of the fully executed agreement are on file at the Secretary

of State's office and the Department of Administrative offices and, subsequent to Governor and Council

approval, will be on file at the Department of Transportation.

The Department respectfully requests approval of this resolution.

Sincerely,

William Cass, PE

Commissioner

WC/pn

Attachments

MEMORANDUM OF AGREEMENT (MOA)

BETWEEN

NATIONAL HIGHWAY INSTITUTE (NHI) OF THE FEDERAL HIGHWAY

ADMINISTRATION (FHWA)

AND

THE STATE OF NEW HAMPSHIRE

NHI TRAINING COURSES

(EFFECTIVE MARCH 25,2026 THROUGH SEPTEMBER 30,2026)

This Memorandum of Agreement ("Agreement") Is made effective upon date of signature (the

"Effective Date") by and between the National Highway Institute ("NHI" or "Consultant") of the

Federal Highway Administration ("FHWA") and the State of New Hampshire. The State of New

Hampshire and NHI may each be referred to herein as a "Party" and collectively as "Parties."

Part 1: Initial Information

LI PURPOSE. The purpose of this Agreement is to come to a common understanding

between the Parties regarding NHI training courses effective March 25, 2026, through

September 30,2026, upon approval by Governor and Council.

1.2 LEGAL AUTHORITY. The legal authority for FHWA to enter into this MOA is

established under 23 U.S.C. 504(a)(6), which permits NHI to "engage in training

activities authorized under this subsection, including the granting of training

fellowships," and to "carry out its authority independently or in cooperation with any

other branch of the Federal Government or any State agency, authority, association,

institution, for pro-profit or nonprofit corporation, other national or international entity,

or other person. The Collection of fees is specifically authorized in 23 U.S.C. 504(a)(7).

1.3 PERIOD OF AGREEMENT. NHI's services under this Agreement shall commence on

the date both parties sign the Agreement for purposes of providing service for the

purposes identified in 1.1, unless terminated sooner or modified pursuant to the

conditions identified in 1.4 of this Agreement. Further classes may be added in

accordance with the needs and availability of both parties.

1.4 CANCELLATION/MODIFICATION/TERMINATION. This MOA shall be effective

as of the date of final signature by both Parties and shall remain in effect for the duration

of the course(s) specified herein. The period of the agreement may be extended by

written agreement of both Parties. Any changes or amendments to this Agreement shall

be made in writing and signed by all Parties.

Session Cancellation

If the host (NHDOT) cancels the session and it is not an emergency (see weather

cancellation below), the host is required to contact NHI at 1-877-558-6873 or via e-mail

at NHlCustomerService@dot.gov. Cancellation must be requested no later than fifteen

(15) business days prior to the course start date to avoid a cancellation fee of $1,500. In

the case of an emergency or weather-related closing, the session cancellation fee will not

apply.

In the event of cancellation, it is the host's responsibility to contact all participants

(including the instructor(s) and those registered for public seats). There must be

validation that the registrants received the cancellation notice. Notice to participants

traveling from other locations is especially important, so that they may alter or cancel

their travel arrangements. In order to notify participants of the cancellation of the session,

the host must contact NHI Customer Service to obtain a list of enrollees and their contact

information.

Emergency and Weather-Related Cancellations

NHI follows the local host office's policy for inclement weather or other emergencies. If

the host's office in the location of the course closes, then the course must also be stopped

during the closure. When a course is canceled, the host must inform NHI immediately of

the session status and determine plans for the remainder of the course. The host must also

contact all participants and the instructor if the course is not yet in session.

1.5 SEVERABILITY/CONFLICT This MOA constitutes the entire Agreement between the

Parties. All other prior discussions, communications and representations concerning the

subject matter of this Agreement are superseded by the terms of this Agreement, and

except as specifically provided herein, this Agreement constitutes the entire Agreement

with respect to the subject matter hereof. Nothing in this MOA is intended to conflict

with current law, regulation, orders, or directives of DOT, FHWA, TFHRC, or any other

Federal agency or entity. If a provision of this MOA is inconsistent with that authority,

then that provision will be invalid to the extent of such inconsistency, but the remainder

of that provision and all other provisions, terms, and conditions of this MOA and any

appendix or annex will remain in full force and effect.

1.6 DISPUTE RESOLUTION. If disagreements or disputes arise between the parties

regarding their respective roles and responsibilities, FHWA will follow the procedures as

established in the Federal Acquisitions Regulations (FAR), which govern government

contracts.

1.7 KEY OFFICIALS/POINT OF CONTACT. The following represents both Parties' key

officials/points of contact for purposes of this agreement.

NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION:

New Hampshire Department of Transportation

John O. Morton Building

7 Hazen Drive

Concord, NH 03302

Attn: Alexis Martin

Email: alexis.m.manin@dot.nh.gov

2.1.1 NHI Responsibility. NHI is responsible for:

• Providing skilled, knowledgeable instructional staff.

• Shipping the course materials to the designated location.

• Providing a list of public seat registrants and FHWA participants to the host.

• Providing marketing assistance if requested and as time allows.

• Collecting fees from public seat participants who register for a session on the NHI website.

• Formally providing confirmation to the host. Classes are not confirmed until this is sent.

• Notifying the host if a public seat or an FHWA participant cancels enrollment.

2.3. Host (NHDOT) Responsibility. Hosts are responsible for:

Providing training facilities and equipment.

Coordinating all logistics regarding the facility.

Communicating session information including session location and access

information with all participants, including FHWA and public seat participants.

Communicating with NHI to request public seats and assess local charges.

Paying course fees.

Coordinating with the assigned instructor(s).

Accepting course materials and delivering them to the site.

Providing an accurate list of participants to the instructor.

Printing and providing certificates of participation to the instructor.

Contacting NHI for session marketing assistance.

Contacting NHI to obtain approval to increase a session maximum and to cancel

sessions.

2.4 HOST PARTICIPANTS AND FEES. The total amount of fees collected under this

contract shall not exceed $116,500.00. (See attached for course list and fees)

a. The rate of pay for services rendered under this agreement shall vary depending

on the class (see attached for course list and fees).

b. The State will not pay Consultant's expenses as a separate item. Payment will

be made pursuant to NHI's electronic billing procedures.

c. Host participants refer to any participant who the host registers for the session.

These may include the host organization's employees or others. The host is

responsible for paying the fees associated with these individuals and providing a

list of these individuals to the NHI instructor. Any fees that the host collects for

external participants should be forwarded upon receipt to:

National Highway Institute

Attn: NHI Scheduler

2600 Park Tower Drive, Suite 500

Vienna, VA 22180

NHI:

National Highway Institute

2600 Park Tower Drive, Suite 500

Vienna, VA 22180

Attn: Stacey Caston

Email: stacev.caston@dot.'.;ov

♦Unless an alternative method of contract is specifically mentioned otherwise in this

agreement.

1.8 PUBLICATION/RELEASE OF INFORMATION. The Parties agree that sharing

credit is mutually beneficial and will make every effort to assure that appropriate citation

and attribution, including the use of official agency emblems and seals, is given for work

performed under this MOA. Parties shall not use each other's official seals, logos, or

insignia without prior written approval.

1.9 FINANCIAL ARRANGEMENT. This MOA does not obligate federal funds. Payment

to NHI for any activities authorized shall be in accordance with the terms specified in this

agreement. Furthermore, this MOA in no way restricts the Parties from participating in

similar activities or arrangements with other public or private agencies, organizations, or

individuals.

Part 2: Responsibilities of the Parties

2.1 COURSE. The Course(s) that will be offered is as follows:

NHI TRAINING COURSE NUMBER: FHWA-NHl-130055 - Safety Inspection of In-

service Bridges.

NHI TRAINING COURSE NUMBER: FHWA-NHI-130053 - Bridge Inspection

Refresher Training.

NHI TRAINING COURSE NUMBER: FHWA-NHI-134006 - Utility Coordination for

Highway Projects.

NHI TRAINING COURSE NUMBER: FHWA-NHI-134037A - Managing Highway

Contract Claims: Analysis and Avoidance.

NHI TRAINING COURSE NUMBER: FHWA-NHI-152072 - Highway Program

Funding.

NHI TRAINING COURSE NUMBER: FHWA-NH1-380069 - Road Safety Audits.

Detailed information about NHI's policies and procedures for hosting a course along with

the NHI course catalog are available on the NHI website at http://www.nhi.fhwa.dot.gov.

Assistance is available by contacting NHI at 1-877-558-6873 or via e-mail at

NHlCiistomerService@,dot.cov.

If the host prefers that NHI register and handle billing for all external participants,

the host can request that NHI open public seats and direct external participants to

the NHI website for registration in the session.

d. In order to reach class size minimums, the host may request that NHI open

public seats. This allows other transportation professionals to attend the session,

which can add a beneficial level of diversity of experience to your session.

The host should request the number of public seats needed to fill the course to the

desired session size, considering the anticipated number of host and FHWA

participants. The desired session size is between the course minimum and

maximum listed in the course description on the NHI website.

Public seats are sold on the NHI website on a first-come, first-served basis. The

host organization cannot designate any of these seats to specific individuals, as

they are open to the public. Public seat registration closes three business days

before the course begins.

e. Course fees, which include the cost of materials for each participant, are listed

on the NHI website with the course descriptions. The host will be charged at the

price per participant times the number of host participants. In addition, the host is

responsible for meeting the course minimum size through a combination of host

participants and public seat participants.

NHI will charge the host for the additional number of participants needed to reach

the course minimum if the course is held with less than the minimum participants.

Therefore, if registration for a course is lower than anticipated, it is important for

the host to contact NHI prior to the cancelation period (15 business days) to

discuss a remedy. With sufficient notice, NHI can increase marketing for the

course to attract additional attendees. When the session is listed on the NHI

website at a fixed price, the host will be invoiced for the total session amount less

the fees collected by NHI for public seats.

f. Hosts may request that NHI charge public seat participants an additional fee to

recover all, or part of direct costs associated with hosting the course. Local

charges are not assessed to FHWA participants. However, FHWA participants are

not permitted to receive any host provided amenities (e.g., snacks and beverages)

without paying the cash value to the host organization. Therefore, hosts providing

food and beverages during training sessions must coordinate with FHWA

participants to determine whether they intend to participate in food and beverage

purchases and how to handle reimbursement. If advanced coordination is not

possible, then the host should not include FHWA participants in any food and

beverage totals.

NHI requires hosts to contact the NHI Scheduler at 1-877-558-6873, or via e-mail

at NHICustomerService@dot.gov, to coordinate local charges prior to the

confirmation of the session. Hosts will not receive a refund from NHI to cover

associated expenses incurred in hosting the session. Instead, the surplus amount

collected from public seat participants is credited to the host's final invoice for its

participants in the course. It is important that local charges assessed to public

seats do not exceed the amount the host owes NHl for its participants.

2.5 OBLIGATION TO REPORT DAMAGE. Consultant agrees to report to the State any

event encountered during performance of this Agreement which results in injury to the

person or property of third parties, or which may otherwise subject Consultant or the

State to liability. Consultant shall report any such event to the State immediately upon

discovery.

Consultant's obligation under this section shall only be to report the occurrence of any

event to the State and to make any other report provided for by their duties or applicable

law. Consultant's obligation to report shall not require disclosure of any information

subject to privilege or confidentiality under law (e.g., attorney-client communications).

Reporting to the State under this section shall not excuse or satisfy any obligation of

Consultant to report any event to law enforcement or other entities under the

requirements of any applicable law.

2.6 AVAILABILITY OF FUNDS. This Agreement depends upon the continued availability

of appropriated funds and expenditure authority from the Legislature for this purpose. If

for any reason the Legislature fails to appropriate funds or grant expenditure authority, or

funds become unavailable by operation of law or federal funds reductions, this

Agreement will be terminated by the State. Termination for any of these reasons is not a

default by the State nor does it give rise to a claim against the State.

2.7 ASSIGNMENT. This Agreement may not be assigned without the express prior written

consent of the State. This Agreement may not be amended except in writing, which

writing shall be expressly identified as a part hereof and be signed by an authorized

representative of each of the parties hereto.

2.8 NOTICE. Any notice or other communication required under this Agreement shall

be in writing and sent to the address set forth above. Notices shall be given by and to

Alexis Martin on behalf of the State, and by Stacey Caston, on behalf of the NHI or

Consultant, or such authorized designees as either party may from time to time designate

in writing. Notices or communications to or between the parties shall be deemed to have

been delivered when mailed by first class mail, if notice of default or termination shall be

sent by registered or certified mail, or, if personally delivered, when received by such

party.

2.9 REASONABLE ACCOMODATION. The United States Department of

Transportation, Federal Highway Administration, is committed to providing equal access

to training courses for all participants. The State will be responsible for accommodating

those with a disability via the necessary reasonable accommodation. If a participant needs

alternative formats or services because of a disability, they are to contact Lynn Laperle.

IN WITNESS WHEREOF, the Parties hereto have caused originals of this Agreement to be

executed bytheir respective duly authorized representatives as of March" 25,2026

STACEY

JONES

Signature:^^^"^^^

Digitally signed by

STACEY JONES CASTON

Date: 2026.02.02

09:55:22-OS'OO'

Name: Stacey J. Caston

Title: Director

Federal Highway Administration

National Highway Institute

Date: _February 2, 2026

Signature

Name: Alexis Martin

Title: Director of Policv and Administration

New Hampshire

Department of Transportation

Date:

Signatuf^

Name: yAlr-UMl

Title: AttinAAiJ|^

New Hampshire

State Attorney General's Office

Date:

Signature:

Name:

Title:

New Hampshire

Governor and Executive Council

Date:

lA. NHI Technical Training QTY

COST PER

PERSON TOTAL

NHI130055 Safety inspection of In-

Service Bridges (ill; 10-day) 20 $2,300.00 $46,000.00

NHI 130053 Bridge Inspection

RefresherTraining(ILT; 3-day) 20 $925.00 $18,500.00

NHi 134006 Utility Coordination for

Highway Projects (ILT; 2-day) 20 $500.00 $10,000.00

NHI 134037A Managing Highway

Contract Claims: Analysis and

Avoidance (ILT; 2.5-day) 25 $900.00 $22,500.00

NHI 152072 Highway Program

Funding (ILT; 1.5-day) 20 $425.00 $8,500.00

NHI 380069 Road Safety Audits (ILT;

2-day) 20 $550.00 $11,000.00

NHITotal 125 $116,500.00