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.

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.