|
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 7671q; and
<br /> (2) Section 508 of the Clean 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. Rollinq 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 a multi-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. Bondinq. 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 /> and
<br /> (e) Failing agreement on price, negotiations with the next most
<br /> qualified offeror be conducted until a contract award can be made to the
<br /> most qualified offeror whose price is fair and reasonable.
<br /> (2) Geographic location may be a selection criterion in procurements for
<br /> architectural and engineering (A&E) services provided its application leaves an appropriate number of
<br /> qualified firms, given the nature and size of the project, to compete for the contract.
<br /> 05/27/2015 Page 16 of 35
<br />
|