2012-358 Planning - NC Department of Transportation Grant Agreement (not final)

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oonnph with FTA and State requirements. The Contractor will utilize these vehicle contracts to purchase public transit vehicles included in the Approved Budget for this Project. For public transit vehicles not included in these contracts, the Contractor ehe|| conduct a competitive procurement process |n accordance with this Agreement. (2) . |n accordance with 49U.S.C. § 5325(e)(1). the Contractor may not enter into a multi-year contract with optiono, exceeding five (5) years after the date of the original contract, to purchase additional rolling stock and replacement parts. (3) . The Contractor agrees to comply with the requirements of 49 U.S.C. § 5328(m) and FlDA regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Punuhaeea.'' 49 C.F.R. Part 0G3and, when pnornu|ga1ed, any amendments to those regulations. The Contractor understands and agrees that to the extent the provisions of 49 U.S.C. § 5323(nn), as amended by SAFETEA-LU conflict with FlA'a implementing raQu|oUonm, as currently promu|gatmd, the provisions of 49 U.S.C. § 5323/no\, as ornondmd' prevail. /4\ Bus Testing. To the extent applicable, the Contractor oQn»em to comply with the requirements of 49 U.S.C. G 5318(e) and FlA regulations, ''Bun Teating." 48 C.F.R. Part 665. and any amendments to those regulations that may bepromulgated. p. Bonding. For construction projects, the Contractor oQnaem to provide bid guarantee bond (5% of bid price) and performance and payment bonds (100% of contract price) and comply with any other construction bonding provisions as the Department may determine. q. . For all architectural, enginoehng, design, or related samimaa the Contractor shall use qualifications-based competitive � proposal [Request for Qualifications /RFO\ in accordance with the Brooks /\cO procedures. The | Contractor shall follow applicable statutes, N.C.G.8. 143-64.31-34 and requirements set forth in FTA Circular 422O.1F. to retain aqualified, registered architect or professional engineer. (1) The Contractor m8neen to comply with qualifications-based competitive proposal procedures, which require: (a) An offeror's qualifications be evaluated; (b) Good faith effort to use minority-owned businesses; (c) Price be excluded as an evaluation factor; (d) Negotiations be conducted with only the most qualified offeror; and (e) Failing agreement on price, negotiations with the next most qualified offeror be conducted until a contract award can be made to the most qualified offeror whose price is fair and reasonable. (2) Geographic location may be a selection criterion in procurements for architectural and engineering (A&E) services provided its application leaves an appropriate number of qualified firms, given the nature and size of the project,to compete for the contract. (3) The Contractor acknowledges and agrees that qualifications-based competitive proposal procedures can only be used for procurement of the following services: (a) Program management; (b) Construction management; (c) Feasibility studies; and (d) Preliminary engineering, design, architectural, engineering, surveying, mapping, and related services. (4) The Contractor also agrees to: (a) Include applicable Federal requirements and certifications in the (b) Submit procurement documents to the Department for its review and approval prior to the award of any contract for A&E services for the Project; and (c) Maintain written documentation to support each step of the procurement process. r. Design-Bid-Build Projects. The Design-Bid-Build method of construction is where there are separate contracts and procurement processes for the design and construction. Typically the Updated 3/07/12 Page 17 of 37