2016-517 OPT - NCDOT FY2017 Public Transportation Section 5339 Capital Program Grant Agreement

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cause or result in adverse environmental effects, the Contractor agrees to take all reasonable measures to minimize the impact of those adverse effects, as required by 49 U.S.C. § 5324(b), and other applicable Federal laws and regulations, including 23 C.F.R. Part 771 and 49 C.F.R. Part 622. The Contractor agrees to comply with all environmental mitigation measures that may be identified as commitments in applicable environmental documents, (i.e., environmental assessments, environmental impact statements, memoranda of agreement, and other documents as required by 49 U.S.C. § 303) and agrees to comply with any conditions the Federal Government might impose in a finding of no significant impact or record of decision. The Contractor agrees that those environmental mitigation measures are incorporated by reference and made part of this Agreement for the Project. The Contractor also agrees that any deferred mitigation measures will be incorporated by reference and made part of this Agreement for the Project as soon as agreement with the Federal Government is reached. The Contractor agrees that those mitigation measures agreed upon may not be modified or withdrawn without the express written approval of the Federal Government. Section 19. Enemy Conservation. The Contractor agrees to comply with the North Carolina Energy Policy Act of 1975 (N.C.G.S. 1138) issued in accordance with the Energy Policy and Conservation Act, as amended, 42 U.S.C. §§ 6321 at seq., except to the extent that the Department determines otherwise in writing. To the extent applicable, the Contractor agrees to perform an energy assessment for any building constructed, reconstructed, or modified with FTA assistance, as provided in FTA regulations, "Requirements for Energy Assessments," 49 C.F.R. Part 622, Subpart C. Section 20. Charter Service Operations. FTA defines charter service under (49 CFR Part 604.3 (c-h) as Transportation provided by a recipient at the request of a third party for the exclusive use of a bus or van for a negotiated price. Charter service does not include any form of demand - response transportation. The Contractor acknowledges that Federal and State rules and regulations prohibit the provision of charter service using FTA funded equipment and facilities if a registered private charter operator expresses interest in providing the service. Contractors are allowed to operate community based charter services and some irregular or limited duration services under the exempted and exception provisions. Beginning July 30, 2008, all grantees providing charter service under the exceptions shall post the required records on the FTA charter website quarterly using TEAM within 30 days of the end of each calendar quarter. NCDOT requires that any sub - recipient wishing to provide charter service must comply with the procedures in the Final Rule on Charter Service. NCDOT must be notified via email or postal service that a request for charter service exception is being submitted to FTA, including all supporting documentation. The Contractor agrees that neither it nor any public transportation operator performing work in connection with a Project financed under 49 U.S. C. chapter 53 will engage in charter service operations, except as authorized by 49 U.S. C. 53 5323 (d) and FTA regulations, "Charter Service, "49 C.F. R. Part 604, and any subsequent Charter Service regulations or FTA directives that may be issued, except to the extent that FTA determines otherwise in writing. Updated 04/15/16 25