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Section 2. Proiiect Scope 8~ Implementation.
<br />a. Project Scope. Orange County (operating as Orange Public Transportation)
<br />will purchase two (2) 22-ft lift-equipped light transit vehicles and three (3) 28-ft lift-
<br />equipped light transit vehicles to replace similar vehicles that have met useful
<br />service life, and preventive maintenance for a fleet of eighteen (18) vehicles.
<br />b. Compliance. Contractor agrees at all times to comply with all applicable FTA
<br />regulations, policies, procedures and directives, including without limitation those listed
<br />directly or by reference in the Master Agreement between Contractor and NCDOT/ FTA,
<br />as they may be amended or promulgated from time to time during the term of this contract.
<br />Contractor's failure to do so shall constitute a material breach of this contract.
<br />1) Application of Federal State and Local Laws, Regulations, and Directives.
<br />a. AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009: The
<br />American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5, 2009
<br />H.R. 1), including, Section 1553, 1515(a), Section 1604, 1605, Section
<br />1606,but not limited to, the Buy American and Wage Rate Requirements,
<br />Article 14 of chapter 124, NCGS 126-84 through 126-88, Article 21 of
<br />Chapter 94, NCGS 95-240 through 85-245;
<br />b. Federal Transit Administration (hereinafter referred to as "FTA") Circular
<br />9040.1 F, dated April 1, 2007, at:
<br />http://www.fta. dot. gov/laws/circulars/leg_reg_6519. html);
<br />c. FTA Master Agreement, document number FTA MA (15), dated October 1,
<br />2008 http://www.fta.dot.gov/documents/15-Master.pdf);
<br />d. The State Management Plan for title 49 U.S. C. Sections 5310, 5311, 5316
<br />and 5317 dated December 2008, (hereinafter referred to as "State
<br />Management Plan");
<br />e. The Section 5311 grant application for financial assistance; and
<br />f. The Community Transportation Improvement Plan for Orange County.
<br />The aforementioned documents, and any subsequent amendments or revisions thereto,
<br />are herewith incorporated by reference, and are on file with and approved by the
<br />Department in accordance with the terms and conditions of this Agreement. Nothing shall
<br />be construed under the terms of this Agreement by the Department or the Contractor that
<br />shall cause any conflict with Department, State, or Federal statutes, rules, or regulations.
<br />b. No Federal/State Government Obligations to Third Parties. In connection with
<br />performance of the Project, the Contractor agrees that, absent the Federal/State
<br />Government's express written consent, the Federal/State Government shall not be subject
<br />to any obligations or liabilities to any sub-recipient, third party contractor, lessee or other
<br />person or entity that is not a party to this Agreement for the Project. Notwithstanding that
<br />the Federal/State Government may have concurred in or approved any solicitation, sub-
<br />agreement, or third party contract, the Federal/State Government has no obligations or
<br />liabilities to such entity, including any sub-recipient, third party contractor, or lessee.
<br />The Contractor agrees to include the above clause in each subcontract financed in whole
<br />or in part with Federal assistance provided by FTA. It is further agreed that the clause shall
<br />not be modified, except to identify the subcontractor who will be subject to its provisions.
<br />c. Changes in Proiect Performance (i.e., Disputes, Breaches, Defaults, or Liti ation .
<br />The Contractor agrees to notify the Department immediately, in writing, of any change in
<br />local law, conditions (including its legal, financial, or technical capacity), or any other event
<br />that may adversely affect the Contractor's ability to perform the Project as provided in this
<br />Revised 1/6/10
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