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Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and with subsequent Federal
<br />regulations that may be promulgated. Accordingly, the Contractor agrees to provide a competitive
<br />preference for products and services that conserve natural resources, protect the environment, and are
<br />energy efficient.
<br />m. Clean Air and Clean Water. The Contractor agrees to include in each third party
<br />contract and subagreement exceeding $100,000 adequate provisions to ensure that each Project
<br />participant will agree to report the use of facilities placed on or likely to be placed on the U.S.
<br />Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not use any violating
<br />facilities, to report violations to the Department and the Regional U.S. EPA Office, and to comply with
<br />the inspection and other applicable requirements of:
<br />(1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7606, and other
<br />applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671 q; and
<br />(2) Section 508 of the C-ean Water. Act, as amended, 33 U.S.C. § 1368, and other
<br />applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377.
<br />n. National Intelligent Transportation Systems Architecture and Standards. To the
<br />extent applicable, the Contractor agrees to conform to the National Intelligent Transportation Systems
<br />(ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note, and
<br />comply with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455
<br />et seq., January 8, 2001, and any subsequent further implementing directives, except to the extent FTA
<br />or the Department determines otherwise in writing.
<br />o. Rollins Stock. In acquiring rolling stock, the Contractor agrees as follows:
<br />(1) Method of Acquisition. The Department's Public Transportation Division,
<br />through the North Carolina Department of Administration, Purchase and Contract Division, awards
<br />vehicle contracts for its grant recipients to purchase public transit vehicles. These vehicle contracts
<br />comply with FTA and State requirements. The Contractor will utilize these vehicle contracts to
<br />purchase public transit vehicles included in the Approved Budget for this Project. For public transit
<br />vehicles not included in these contracts, the Contractor shall conduct a competitive procurement
<br />process in accordance with this Agreement.
<br />(2) Multi-year Options. In accordance with 49 U.S.C. § 5325(e)(1), the Contractor
<br />may not enter into amulti-year contract with options, exceeding five (5) years after the date of the
<br />original contract, to purchase additional rolling stock and replacement parts.
<br />(3) Pre-Award and Post-Delivery Requirements. The Contractor agrees to comply
<br />with the requirements of 49 U.S.C. § 5323(m) and FTA regulations, "Pre-Award and Post-Delivery
<br />Audits of Rolling Stock Purchases," 49 C.F.R. Part 663 and, when promulgated, any amendments to
<br />those regulations. The Contractor understands and agrees that to the extent the provisions of 49
<br />U.S.C. § 5323(m), as amended by SAFETEA-LU conflict with FTA's implementing regulations, as
<br />currently promulgated, the provisions of 49 U.S.C. § 5323(m), as amended, prevail.
<br />(4) Bus Testing. To the extent applicable, the Contractor agrees to comply with
<br />the requirements of 49 U.S.C. § 5318(e) and FTA regulations, "Bus Testing," 49 C.F.R. Part 665, and
<br />any amendments to those regulations that may be promulgated.
<br />p. Bondin .For construction projects, the Contractor agrees to provide bid guarantee
<br />bond (5% of bid price) and performance and payment bonds (100% of contract price) and comply with
<br />any other construction bonding provisions as the Department may determine.
<br />q. Architectural Engineering Design or Related Services. For all architectural,
<br />engineering, design, or related services the Contractor shall use qualifications-based competitive
<br />proposal (Request for Qualifications (RFQ) in accordance with the Brooks Act] procedures. The
<br />Contractor shall follow applicable statutes, N.C.G.S. 143-64.31-34 and requirements set forth in FTA
<br />Circular 4220.1 F, to retain a qualified, registered architect or professional engineer.
<br />(1) The Contractor agrees to comply with qualifications-based competitive
<br />proposal procedures, which require:
<br />(a) An offeror's qualifications be evaluated;
<br />(b) Good faith effort to use minority-owned businesses;
<br />(c) Price be excluded as an evaluation factor;
<br />(d) Negotiations be conducted with only the most qualified offeror;
<br />Updated 9/17/10 Page 16 of 34
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