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2009-107 Planning - NCDOT - Nonurbanized Area Public Transporation Agreement-Public Body Organizations Community Trans Prog Sec 5311
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2009-107 Planning - NCDOT - Nonurbanized Area Public Transporation Agreement-Public Body Organizations Community Trans Prog Sec 5311
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Last modified
4/29/2013 2:20:35 PM
Creation date
2/3/2010 1:08:32 PM
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BOCC
Date
3/17/2009
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5a
Document Relationships
Agenda - 03-17-2009 - 5a
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 03-17-2009
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property is withdrawn from Project use or when any Project property is used in a manner <br />substantially different from the representations the Contractor has made in its Application or in <br />the Project Description for this Agreement for the Project. In turn, the Department shall be <br />responsible for notifying FTA. <br />b. General. The Contractor agrees to comply with the property management <br />standards of 49 C.F.R. §§ 18.31 through 18.33, including any amendments thereto, and with <br />other applicable Federal and State regulations and directives. Any exception to the <br />requirements of 49 C.F.R. §§ 18.31 through 18.33 requires the express approval of the Federal <br />Government in writing. The Contractor also consents to the Department's reimbursement <br />requirements for premature dispositions of certain Project equipment, as set forth in Subsection <br />14i of this Agreement. <br />C. Maintenance and Inspection of Vehicles, Facilities and Other Proiect <br />Equipment . The Contractor shall maintain all project equipment at a high level of cleanliness, <br />safety, and mechanical soundness in accordance with the minimum maintenance requirements <br />recommended by the manufacturer. The Contractor shall register all vehicle maintenance <br />activities in a Comprehensive Maintenance Record or an electronic version of same. The <br />Department shall conduct frequent inspections to confirm proper maintenance pursuant to this <br />Subsection 15c of this Agreement and the State Management Plan. The Contractor shall collect <br />and submit to the Department at such time and in such manner as it may require information for <br />the purpose of the Department's Public Transportation Management System (PTMS). <br />The Contractor shall maintain the facility, including any and all equipment installed into or added <br />on to the facility as part of the Project, in good operating order and at a high level of cleanliness, <br />safety and mechanical soundness in accordance with good facility maintenance and upkeep <br />practices and in accordance with the minimum maintenance requirements recommended by the <br />manufacturer for all equipment installed in or added to the facility as part of the Project. Such <br />maintenance shall be in compliance with applicable Federal and state regulations or directives <br />that may be issued, except to the extent that the Department determines otherwise in writing. <br />The Department shall conduct inspections as it deems necessary to confirm proper <br />maintenance on the part of the Contractor pursuant to Subsection 14c of the Agreement and the <br />State Management Plan. Such inspections may or may not be scheduled ahead of time, but will <br />be conducted such that they shall not significantly interfere with the ongoing and necessary <br />functions for which the Project was designed. The Contractor shall make every effort to <br />accommodate such inspections by the Department in accordance with the Department's desired <br />schedule for such inspections. The Contractor shall collect and submit to the Department at <br />such time and in such manner as the Department may require information for the purpose of the <br />Department's Public Transportation Management System (PTMS) and any and all other reports <br />the Department deems necessary. The Contractor shall also maintain and make available to <br />the Department upon its demand all documents, policies, procedures, purchase orders, bills of <br />sale, internal work orders and similar items that demonstrate the Contractor's maintenance of <br />the facility in good operating order and at a high level of cleanliness, safety and mechanical <br />soundness. <br />d. Records. The Contractor agrees to keep satisfactory records pertaining to <br />the use of Project property, and submit to the Department upon request such information as <br />may be required to assure compliance with this Section 14 of this Agreement. <br />e. Incidental Use. The Contractor agrees that: <br />(1) General. Any incidental use of Project property will not exceed that <br />permitted under applicable Federal and State laws, regulations, and directives. <br />(2) Alternative Fueling_ Facilities. As authorized by 49 U.S.C. § 5323(p), <br />any incidental use of its federally financed alternative fueling facilities and equipment by non - <br />transit public entities and private entities will be permitted, only if the: <br />Page 22 of 36 <br />
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