S Agreement - Public Transportation State Capital Grant Agreement for Public Body $209,500

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as required, to provide to the Federal and State awarding agencies or their duly authorized representatives, access to all third party contract records to the extent required by 49 U.S.C. § 5325(8), and retain such documents for at least five (5) years after project completion. Section 16. Construction. Except to the extent the Department determines otherwise in writing, the Contractor agrees as follows: a. Drafting Review and Approval of Construction Plans and Specifications. The Contractor agrees to submit drawings, designs, and/or description of work for construction, renovation, or facility improvement projects, including the purchase or construction of bus shelters to the Department for its review and approval prior to solicitation. b. MBE/WBE/DBE Participation. The Contractor agrees to record and report DBE/MBE/VVBE business good faith efforts in accordance with N.C.G.S. 143-128.2(f). c. Supervision of Construction. The Contractor agrees to provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications. d. Construction Reports. The Contractor agrees to provide progress reports and other data and information as may be required by the Department. e. Protect Management for Major Capital Projects. To the extent applicable, the Contractor agrees to comply with FTA regulations, "Project Management Oversight," 49 C.F.R. Part 633, and any subsequent Project Management Oversight regulations FTA may issue. f. Seismic Safety. The Contractor agrees to comply with the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S.C. §§ 7701 et seq., with Executive Order No. 12699, "Seismic Safety of Federal and Federally-Assisted or Regulated New Building Construction," 42 U.S.C. § 7704 note, and with U.S. DOT regulations, "Seismic Safety," 49 C.F.R. Part 41, specifically, 49 C.F.R. § 41.117. Section 17. Leases. a. Capital Leases. All lease agreements must be approved by the Department prior to execution. To the extent applicable, the Contractor agrees to comply with FTA regulations, "Capital Leases," 49 C.F.R: Part 639, and any revision thereto. b. Leases Involving Certificates of Participation. The Contractor agrees to obtain the Department's concurrence before entering into any leasing arrangement involving the issuance of certificates of participation in connection with the acquisition of any capital asset. Section 18. Use of Real Property, Equipment, and Supplies. The Contractor understands and agrees that the Federal/State Government retains aFederal/State interest in any real property, equipment, and supplies financed with Federal/State assistance (Project property) until, and to the extent, that the Federal/State Government relinquishes its Federal/State interest in that Project property. With respect to any Project property financed with Federal/State assistance under this Agreement, the Contractor agrees to comply with the following provisions, except to the extent FTA or the Department determines otherwise in writing: a. Use of Project Property. The Contractor agrees to maintain continuing control of the use of Project property to the extent satisfactory to FTA. The Contractor agrees to use Project property for appropriate Project purposes (which may include joint development purposes that generate program income, both during and after the award period and used to support public transportation activities) for the duration of the useful life of that property, as required by FTA or the Department. Should the Contractor unreasonably delay or fail to use Project property during the useful life of that property, the Contractor agrees that it may be required to return the entire amount of the Federal and State assistance, expended on that property. The Contractor further agrees to notify the Department immediately when any Updated 07/26/10 22