Common use of Standards for Review Clause in Contracts

Standards for Review. Before submitting a proposal to the Legislature for approval the department must find that the proposal meets the following standards. A. The purpose of and need for the transportation facility must be consistent with the long-term planning of the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] B. The private entity must have the financial, technical and operational capacity to discharge the responsibilities set forth in the proposal cost-effectively and responsibly as determined by the department. This capacity must include, but is not limited to, meeting department prequalification standards for professional engineering services and general contracting. [PL 2009, c. 648, Pt. A, §1 (NEW).] C. The proposed transportation facility must be owned, controlled, operated and maintained in a manner satisfactory to the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] D. The proposal must be cost-effective in the long term. [PL 2009, c. 648, Pt. A, §1 (NEW).] E. The proposal must limit the use of state capital funding to less than 50% of the initial capital cost of the transportation facility and to the extent practicable minimize the use of transportation funding sources such as the Highway Fund, general obligation bonds supported by the Highway Fund, the TransCap Trust Fund under Title 30‑A, section 6006‑G and program funding provided by the Federal Highway Administration. [PL 2009, c. 648, Pt. A, §1 (NEW).] F. If the proposed transportation facility is to be supported by tolls or other user fees, the private entity must provide a traffic and revenue study prepared by an expert acceptable to the department and national bond rating agencies. The private entity must also provide a finance plan consistent with the traffic and revenue study that identifies the proposal costs, revenues by source, financing, major assumptions, internal rate of return on private investments and whether any government funds are assumed to deliver a cost-feasible project and that provides a total cash flow analysis beginning with implementation of the project and extending for the term of the agreement. [PL 2009, c. 648, Pt. A, §1 (NEW).] G. The proposal must demonstrate safeguards adequate to ensure that no significant additional costs or service disruptions would be borne by the traveling public and residents of the State if the private entity defaults or cancels the agreement. [PL 2009, c. 648, Pt. A, §1 (NEW).] H. The proposal must include a provision that any contractor performing construction work required by the agreement must furnish performance and payment bonds or irrevocable letters of credit in an amount equal to the cost of the construction work. Any action on such a payment bond or irrevocable letter of credit is subject to the requirements of Title 14, section 871, subsection 4. [PL 2009, c. 648, Pt. A, §1 (NEW).] I. The proposal and the transportation facility must comply with all requirements of applicable federal, state and local laws and department rules, policies and procedures. [PL 2009, c. 648, Pt. A, §1 (NEW).] J. The proposal must identify the law enforcement jurisdictions and responsibilities relative to the transportation facility. [PL 2009, c. 648, Pt. A, §1 (NEW).] K. The proposal must provide that all reasonable costs of substantially affected local governments and utilities related to the transportation facility are borne by the private entity or are otherwise provided for to the satisfaction of the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] L. [PL 2013, c. 208, §1 (RP).] [PL 2013, c. 208, §1 (AMD).]

Standards for Review. Before submitting a proposal to the Legislature for approval the department must find that the proposal meets the following standards. A. The purpose of and need for the transportation facility must be consistent with the long-term planning of the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] B. The private entity must have the financial, technical and operational capacity to discharge the responsibilities set forth in the proposal cost-effectively and responsibly as determined by the department. This capacity must include, but is not limited to, meeting department prequalification standards for professional engineering services and general contracting. [PL 2009, c. 648, Pt. A, §1 (NEW).] C. The proposed transportation facility must be owned, controlled, operated and maintained in a manner satisfactory to the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] D. The proposal must be cost-effective in the long term. [PL 2009, c. 648, Pt. A, §1 (NEW).] E. The proposal must limit the use of state capital funding to less than 50% of the initial capital cost of the transportation facility and to the extent practicable minimize the use of transportation funding sources such as the Highway Fund, general obligation bonds supported by the Highway Fund, the TransCap Trust Fund under Title 30‑A30-A, section 6006‑G 6006-G and program funding provided by the Federal Highway Administration. [PL 2009, c. 648, Pt. A, §1 (NEW).] F. If the proposed transportation facility is to be supported by tolls or other user fees, the private entity must provide a traffic and revenue study prepared by an expert acceptable to the department and national bond rating agencies. The private entity must also provide a finance plan consistent with the traffic and revenue study that identifies the proposal costs, revenues by source, financing, major assumptions, internal rate of return on private investments and whether any government funds are assumed to deliver a cost-feasible project and that provides a total cash flow analysis beginning with implementation of the project and extending for the term of the agreement. [PL 2009, c. 648, Pt. A, §1 (NEW).] G. The proposal must demonstrate safeguards adequate to ensure that no significant additional costs or service disruptions would be borne by the traveling public and residents of the State if the private entity defaults or cancels the agreement. [PL 2009, c. 648, Pt. A, §1 (NEW).] H. The proposal must include a provision that any contractor performing construction work required by the agreement must furnish performance and payment bonds or irrevocable letters of credit in an amount equal to the cost of the construction work. Any action on such a payment bond or irrevocable letter of credit is subject to the requirements of Title 14, section 871, subsection 4. [PL 2009, c. 648, Pt. A, §1 (NEW).] I. The proposal and the transportation facility must comply with all requirements of applicable federal, state and local laws and department rules, policies and procedures. [PL 2009, c. 648, Pt. A, §1 (NEW).] J. The proposal must identify the law enforcement jurisdictions and responsibilities relative to the transportation facility. [PL 2009, c. 648, Pt. A, §1 (NEW).] K. The proposal must provide that all reasonable costs of substantially affected local governments and utilities related to the transportation facility are borne by the private entity or are otherwise provided for to the satisfaction of the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] L. [PL 2013, c. 208, §1 (RP).] [PL 2013, c. 208, §1 (AMD).]

Standards for Review. Before submitting a proposal to the Legislature for approval the department must find that the proposal meets the following standards. A. The purpose of and need for the transportation facility must be consistent with the long-term planning of the department. [PL 2009department.[2009, c. 648, Pt. A, §1 (NEW).] B. The private entity must have the financial, technical and operational capacity to discharge the responsibilities set forth in the proposal cost-effectively and responsibly as determined by the department. This capacity must include, but is not limited to, meeting department prequalification standards for professional engineering services and general contracting. [PL 2009, c. 648, Pt648,Pt. A, §1 (NEW).] C. The proposed transportation facility must be owned, controlled, operated and maintained in a manner satisfactory to the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] D. The proposal must be cost-effective in the long term. [PL 2009, c. 648, Pt. A, §1 (NEW).] E. The proposal must limit the use of state capital funding to less than 50% of the initial capital cost of the transportation facility and to the extent practicable minimize the use of transportation funding sources such as the Highway Fund, general obligation bonds supported by the Highway Fund, the TransCap Trust Fund under Title 30‑A30-A, section 6006‑G 6006-G and program funding provided by the Federal Highway Administration. [PL 2009, c. 648, Pt. A, §1 (NEW).] F. If the proposed transportation facility is to be supported by tolls or other user fees, the private entity must provide a traffic and revenue study prepared by an expert acceptable to the department and national bond rating agencies. The private entity must also provide a finance plan consistent with the traffic and revenue study that identifies the proposal costs, revenues by source, financing, major assumptions, internal rate of return on private investments and whether any government funds are assumed to deliver a cost-feasible project and that provides a total cash flow analysis beginning with implementation of the project and extending for the term of the agreement. [PL 2009, c. 648, Pt. A, §1 (NEW).] G. The proposal must demonstrate safeguards adequate to ensure that no significant additional costs or service disruptions would be borne by the traveling public and residents of the State if the private entity defaults or cancels the agreement. [PL 2009, c. 2009,c. 648, Pt. A, §1 (NEW).] H. The proposal must include a provision that any contractor performing construction work required by the agreement must furnish performance and payment bonds or irrevocable letters of credit in an amount equal to the cost of the construction work. Any action on such a payment bond or irrevocable letter of credit is subject to the requirements of Title 14, section 871, subsection 4. [PL 2009, c. 648, Pt. A, §1 (NEW).] I. The proposal and the transportation facility must comply with all requirements of applicable federal, state and local laws and department rules, policies and procedures. [PL 2009, c. 648, Pt. A, §1 (NEW).] J. The proposal must identify the law enforcement jurisdictions and responsibilities relative to the transportation facility. [PL 2009, c. 2009,c. 648, Pt. A, §1 (NEW).] K. The proposal must provide that all reasonable costs of substantially affected local governments and utilities related to the transportation facility are borne by the private entity or are otherwise provided for to the satisfaction of the department. [PL 2009,c. 648, Pt. A, §1 (NEW).] L. The proposal and transportation facility are in the best interest of the public. [2009, c. 648, Pt. A, §1 (NEW).] L. [PL 2013] [ 2009, c. 208648, Pt. A, §1 (RP).] [PL 2013, c. 208, §1 (AMD)NEW) .]

Standards for Review. Before submitting a proposal to the Legislature for approval the department must find that the proposal meets the following standards. A. The purpose of and need for the transportation facility must be consistent with the long-term planning of the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] B. The private entity must have the financial, technical and operational capacity to discharge the responsibilities set forth in the proposal cost-effectively and responsibly as determined by the department. This capacity must include, but is not limited to, meeting department prequalification standards for professional engineering services and general contracting. [PL 2009, c. 648, Pt. A, §1 (NEW).] C. The proposed transportation facility must be owned, controlled, operated and maintained in a manner satisfactory to the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] D. The proposal must be cost-effective in the long term. [PL 2009, c. 648, Pt. A, §1 (NEW).] E. The proposal must limit the use of state capital funding to less than 50% of the initial capital cost of the transportation facility and to the extent practicable minimize the use of transportation funding sources such as the Highway Fund, general obligation bonds supported by the Highway Fund, the TransCap Trust Fund under Title 30‑A30-A, section 6006‑G 6006-G and program funding provided by the Federal Highway Administration. [PL 2009, c. 648, Pt. A, §1 (NEW).] F. If the proposed transportation facility is to be supported by tolls or other user fees, the private entity must provide a traffic and revenue study prepared by an expert acceptable to the department and national bond rating agencies. The private entity must also provide a finance plan consistent with the traffic and revenue study that identifies the proposal costs, revenues by source, financing, major assumptions, internal rate of return on private investments and whether any government funds are assumed to deliver a cost-feasible project and that provides a total cash flow analysis beginning with implementation of the project and extending for the term of the agreement. [PL 2009, c. 648, Pt. A, §1 (NEW).] G. The proposal must demonstrate safeguards adequate to ensure that no significant additional costs or service disruptions would be borne by the traveling public and residents of the State if the private entity defaults or cancels the agreement. [PL 2009, c. 648, Pt. A, §1 (NEW).] H. The proposal must include a provision that any contractor performing construction work required by the agreement must furnish performance and payment bonds or irrevocable letters of credit in an amount equal to the cost of the construction work. Any action on such a payment bond or irrevocable letter of credit is subject to the requirements of Title 14, section 871, subsection 4. [PL 2009, c. 648, Pt. A, §1 (NEW).] I. The proposal and the transportation facility must comply with all requirements of applicable federal, state and local laws and department rules, policies and procedures. [PL 2009, c. 648, Pt. A, §1 (NEW).] J. The proposal must identify the law enforcement jurisdictions and responsibilities relative to the transportation facility. [PL 2009, c. 648, Pt. A, §1 (NEW).] K. The proposal must provide that all reasonable costs of substantially affected local governments and utilities related to the transportation facility are borne by the private entity or are otherwise provided for to the satisfaction of the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] L. The proposal and transportation facility are in the best interest of the public. [PL 20132009, c. 208648, Pt. A, §1 (RPNEW).] [PL 2013[ 2009, c. 208648, Pt. A, §1 (AMD)NEW) .]