R2002-06 AUTHORIZING AN AGREEMENT

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Department, and, where required, 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 othenivise 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 performed under ITEM 17-COMPETITIVE BIDDING, the Grantee shall submit one copy each of the proposed contract, plans and speciflcations,�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 between the Grantee and the Department. 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 prior to making any I award to other than the low bidder, including but not limited to; (i) 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. Also 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 -ASSIGNMENTS 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 also 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. ITEM 23 -PERFORMANCE BOND The Grantee agrees to require that each contractor performing construction work on the Project shall furnish a performance bond in an amount equal to at least one hundred percent(100%)of the contract price as security for the faithful performance of the contract. However, the requirements of this ITEM shall be satisfied by the filing with the Department of certified copies of such bonds of equal or better coverage required by the terms of any Federal Capital Grant Contract applicable to the Project. State Capital Grant Pa ge 17 ! .