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DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A <br /> 49 <br /> ■ The Municipality shall not advertise nor enter into a contract for services performed as <br /> part of this Agreement, unless the Department provides written approval of the <br /> advertisement or the contents of the contract. <br /> ■ If the Municipality fails to comply with these requirements, the Department will withhold <br /> funding until these requirements are met. <br /> AWARDING CONTRACT <br /> After the advertisement of the Project for construction bids, the Municipality shall request <br /> concurrence from the Department to award the construction contract by submitting a letter along <br /> with tabulated bids received depicting Disadvantaged Business Enterprises (DBE)goals, and a <br /> resolution recommending award of the Project to the lowest responsible, responsive bidder. The <br /> Department will review the submitted information and provide written approval to the Municipality <br /> prior to the contract being awarded by the Municipality. <br /> DELAY IN PROCUREMENT <br /> In the event the Project has not been let to contract within six (6) months after receiving <br /> construction authorization from the Department, the Municipality shall be responsible for <br /> documenting to the Department justification for project delay and that the Project remains in <br /> compliance with the terms of this Agreement, the approved plans and specifications, and current <br /> codes. <br /> FORCEACCOUNT <br /> Force account work is only allowed when there is a finding of cost effectiveness for the work to be <br /> performed by some method other than a contract awarded by a competitive bidding process, or <br /> there is an emergency. Written approval from the Department is required prior to the use of force <br /> account by the Municipality. Federal Highway Administration regulations governing Force <br /> Account are contained in Title 23 Code of Federal Regulations, Part 635.201, Subpart B; said <br /> policy being incorporated in this Agreement by reference <br /> www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm. North Carolina General Statutes governing <br /> the use of Force Account, Chapter 143, Article 8 (Public Contracts) can be found at <br /> www.ncleg.neVqascripts/Statutes/Statutes.asp. <br /> Agreement ID# 11619 12 <br />