R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962-ARRA, Contract No. 4021 O. National Intelliqent Transportation Systems (ITS)Architecture and Standards-To the extent applicable, the Grantee shall comply with the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users(SAFETEA-LU), as amended by the SAFETEA-LU Technical Corrections Act of 2008, Pub. L. No. 110-244, June 6, 2008, § 5307(c), 23 U.S.C. §512 note, and the provisions of FTA Notice"FTA National ITS Architecture Policy on Transit Projects," 66 Fed. Reg. 1455 et seq., January 8, 2001, and any subsequent further implementing directives. ITEM 18 -THIRD PARTY CONTRACT CHANGES After approval thereof by the Department, no change or modification of the scope of the work or cost thereof shall be made to any contract of the Grantee, and no work shall commence and no costs or obligations incurred in consequence of such change or modification except as provided in Department guidelines, unless such change or modification is specifically approved in writing by the Department, and, where the budget is affected, until the Approved Project Budget has been amended by the Department as may be necessary to accommodate such change or modification. ITEM 19 -PRE-BID REVIEW Except as otherwise provided in Department guidelines or as otherwise specifically approved in writing by the Department, the Grantee agrees that, prior to advertising for any bids for any work to be pertormed, the Grantee shall submit one copy each of the proposed contract, plans and specifications, proposed advertisement for bids, and all related bidding documents, to the Department for approval. The bid invitation or advertisement shall include a statement that the contract to be let is subject to the terms and conditions of this Agreement befinreen the Grantee and the State. ITEM 20 - PRE-AWARD REVIEW AND APPROVAL OF CONTRACTS AND APPROVAL OF EMINENT DOMAIN PROCEEDINGS Except as otherwise provided in Department guidelines or as otherwise specifically approved in writing by the Department, the Grantee agrees to obtain Department approval (i) prior to making any award to other than the low bidder, including but not limited to instances in which the Grantee determines that the low bid is not responsive or that the low bidder is not responsible or should be disqualified for other reasons; (ii) prior to award of any contract valued at$100,000 or more; and (iii) prior to award of any contract not competitively bid. In addition, the Grantee shall obtain Department approval prior to instituting eminent domain proceedings. ITEM 21 - POST-AWARD REQUIREMENTS Within thirty (30) days after award of any third-party contract, the Grantee shall submit a copy of the executed contract and related documents as required by Department guidelines or when otherwise requested by the Department. ITEM 22 -ASSIGNMENT The Grantee agrees that this Agreement shall not be assigned, transferred, conveyed, sublet or otherwise disposed of without the prior written consent of the Department which consent may be withheld. The Grantee agrees that no contract for construction work or professional or consulting services of any kind in connection with the Project shall be assigned, transferred, conveyed, sublet or otherwise disposed of without the prior written consent of the Department. State/Federal Capital Grant Page 22