Common use of Engaging a Prime Contractor Clause in Contracts

Engaging a Prime Contractor. (a) Where the Municipality retains a Prime Contractor to perform the work on the Construction Project, upon receipt of an Authorization to Advertise Notice from the DOT, the Municipality shall advertise the Construction Project to engage the Prime Contractor utilizing an advertising and bidding procedure acceptable to the DOT and, if applicable, the federal government. In the event that a Municipality advertises a Construction Project without the DOT’s prior written Authorization to Advertise, the DOT may in its sole discretion deem such to be a breach of the PAL, with all remedies under this Master Agreement available to the DOT, including but not limited to, the DOT terminating the PAL and the Municipality losing Funding for the Construction Project. (b) The Municipality shall analyze all bids, submit a bid summary to the DOT, and request the DOT's approval to award a contract for the Construction Project. The Municipality shall perform all of the foregoing in accordance with the following publications (in their current version in effect during the performance under a particular PAL), as applicable, unless otherwise directed by DOT in writing: (1) Advertising Procedures for Construction Contracts Administered by Municipalities, Connecticut Department of Transportation (August 2016), as may be revised (“Advertising Procedures for Construction Contracts Administered by Municipalities”); (2) The Standard Specifications. The version of the Standard Specifications in effect at the date of completion of the PS&E for the particular Construction Project is the version that must be followed and complied with for the particular Construction Project; and (3) The Municipality Manual, Version 1, Connecticut Department of Transportation (2013), as may be revised (“Municipality Manual”). (c) The Municipality may not impose any local rules, policies, terms, conditions, or requirements on any bidder, Prime Contractor, or Inspection Consultant, unless it has received prior written approval from the DOT and, if applicable, FHWA (or other federal authority). If the Municipality imposes any local rules, policies, terms, conditions, or requirements, without all required prior written approvals, the DOT may in its sole discretion deem such imposition to be a breach of this Master Agreement and the respective PAL and may result in the Municipality losing Funding for the Construction Project.

Engaging a Prime Contractor. (a) Where the Municipality retains a Prime Contractor to perform the work on the Construction Project, upon receipt of an Authorization to Advertise Notice from the DOT, the Municipality shall advertise the Construction Project to engage the Prime Contractor utilizing an advertising and bidding procedure acceptable to the DOT and, if applicable, the federal governmentDOT. In the event that a Municipality advertises a Construction Project without the DOT’s prior written Authorization to Advertise, the DOT may in its sole discretion deem such to be a breach of this Master Agreement and the respective PAL, with all remedies available to the DOT under this Master Agreement available to the DOTAgreement, including but not limited to, to the DOT terminating the PAL and the Municipality losing Funding for the Construction Project. (b) The Municipality shall analyze all bids, submit a bid summary to the DOT, and request the DOT's approval to award a contract for the Construction Project. The Municipality shall perform all of the foregoing in accordance with the following publications (in their current version in effect during the performance under a particular PAL), as applicable, unless otherwise directed by DOT in writing: (1) Advertising Procedures for Construction Contracts Administered by Municipalities, Connecticut Department of Transportation (August 2016), as may be revised (“Advertising Procedures for Construction Contracts Administered by Municipalities”); (2) The Standard Specifications. The version of the Standard Specifications in effect at the date of completion of the PS&E for the particular Construction Project is the version that must be followed and complied with for the particular Construction Project; and; (3) The Municipality Manual, Version 1, Connecticut Department of Transportation (2013), as may be revised (“Municipality Manual”); and (4) The Local Transportation Capital Improvement Program (LOTCIP) Guidelines, Connecticut Department of Transportation (November 2021), as may be revised; and (5) The Community Connectivity Program Guidelines, Connecticut Department of Transportation (March 2023), as may be revised. (c) The Municipality may not impose any local rules, policies, terms, conditions, or requirements on any bidder, Prime Contractor, or Inspection Consultant, unless it has received prior written approval from the DOT and, if applicable, FHWA (or other federal authority). If the Municipality imposes any local rules, policies, terms, conditions, or requirements, without all required prior written approvals, the DOT may in its sole discretion deem such imposition to be a breach of this Master Agreement and the respective PAL and may result in the Municipality losing Funding for the Construction Project.