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STATE OF NORTH CAROLINA <br />COUNTY OF WAKE <br />NORTH CAROLINA <br />DEPARTMENT OF TRANSPORTATION <br />and <br />ORANGE COUNTY <br />PUBLIC TRANSPORTATION <br />SECTION 5339 CAPITAL PROGRAM <br />GRANTAGREEMENT <br />C00T. NUMBER: M115A(c <br />PROJECT NUMBER: 17- 39 -056U <br />WBS ELEMENT: 44637.15.1.3 <br />AGREEMENT: QCCCCO 5 -145 <br />THIS AGREEMENT made this the I £F day of /, 20_�, by and <br />between the DEPARTMENT OF TRANSPORTATION (hereinafter referred to as "THE <br />Department"), an agency of the State of North Carolina, and ORANGE COUNTY (hereafter <br />referred to as the "Contractor "). <br />WHEREAS, Chapter 53 of Title 49 U.S.C. 5339 makes federal resources available to <br />states and direct recipients to replace, rehabilitate and purchase buses and related equipment <br />and to construct bus - related facilities including technological changes or innovations to modify <br />low or no emission vehicles or facilities and incorporates provisions of the Fixing America's <br />Surface Transportation Act (FAST or FAST Act) programs and the Moving Ahead for Progress <br />in the 21st Century Act (MAP -21) programs; and <br />WHEREAS, the purposes of Chapter 53 of Title 49 U.S.C. 5339 are to support state of <br />good repair, bus livability, veterans' transportation and community living, and clean fuels <br />initiatives. In addition, SAFETEA -LU allocated funds will be administered under this program for <br />fuel cell buses and the bus testing program; and <br />WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes designated <br />the Department of Transportation as the agency of the State of North Carolina responsible for <br />administering all federal and /or State programs relating to public transportation, and granted the <br />Department authority to do all things required under applicable federal and /or State legislation to <br />administer properly the public transportation programs within the State of North Carolina; and <br />WHEREAS, the Department and the Contractor desire to secure and utilize grant funds for <br />planning local public transportation services in North Carolina and /or for the purchase of capital <br />for the provision of transit services: <br />NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the <br />Department and the Contractor agree as follows: <br />Section 1. Purpose of Agreement. The purpose of Agreement is to provide for the <br />undertaking of the planning study and /or capital improvements (hereinafter referred to as <br />"Project ") by the Contractor and to state the terms, conditions, and mutual undertakings of <br />the parties as to the manner in which the Project will be undertaken and completed. <br />Section 2. Project Implementation. The Contractor agrees to carry out the Project as follows: <br />a. Scope of Proiect. Orange County (operating as Orange County Public <br />Transportation -OPT will use capital funds to replace (2) two radio units <br />and two vehicles that have met useful life with two lift equipped 28' light <br />transit vehicles. The Contractor shall undertake and complete the Project <br />as described in its Application, herewith incorporated by reference, filed with <br />and approved by the Department. The Contractor shall undertake and <br />Updated 04/15/16 <br />