2017-225 OPT - Triangle J. Council of Governments - Grant Award Agreement

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h. Other Nondiscrimination Laws.The Recipient agrees to comply with all applicable provisions of other Federal laws,regulations,and directives pertaining to and prohibiting discrimination that are applicable. Section 9. Planning and Private Enterprise. a. General.To the extent applicable,the Recipient agrees to implement the Project in a manner consistent with the plans developed in compliance with the Federal planning and private enterprise provisions of the following: (1)49 U.S.C.§§5303, 5304,5306,and 5323(a)(1); (2) the joint Federal Highway Administration (FHWA)/FTA document, "Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, and subsequent Federal directives implementing SAFETEA-LU; (3) joint FHWA/FTA regulations, "Planning Assistance and Standards," 23 C.F.R.Part 450 and 49 C.F.R. Part 613 to the extent that those regulations are consistent with the SAFETEA-LU amendments to public transportation planning and private enterprise laws,and subsequent amendments to those regulations that may be promulgated; and () FTA regulations,"Major Capital Investment Projects,"49 C.F.R.Part 611,to the extent that those regulations are consistent with the SAFETEA-LU amendments to the public transportation planning and private enterprise laws, and any subsequent amendments to those regulations that may be subsequently promulgated. In addition, other regulations and restrictions pertaining specifically to Transportation Demand Management activities may apply,and TJCOG reserves the right to amend the contract with these regulations as they are brought to our attention. b. Governmental and Private Nonprofit Providers of Nonemergency Transportation.In addition to providing opportunities to participate in planning as described in Subsection 9a of this Agreement, to the extent feasible the Recipient agrees to comply with the provisions of 49 U.S.C. § 5323(k), which afford governmental agencies and nonprofit organizations that receive Federal assistance for nonemergency transportation from Federal Government sources(other than U.S.DOT) an opportunity to be included in the design,coordination,and planning of transportation services. Section 10.Preference for United States Products and Services. To the extent applicable,the Recipient agrees to comply with U.S.domestic preference requirements. Section 11. Procurement. To the extent applicable,the Recipient agrees to comply with the following third party procurement provisions: a. Federal and State Standards. The Recipient agrees to comply with the third party procurement requirements of 49 U.S.C.chapter 53 and other applicable Federal laws in effect now or as subsequently enacted; with U.S. DOT third party procurement regulations of 49 C.F.R. §§ 18.36 and other applicable Federal regulations pertaining to third party procurements and subsequent amendments thereto, to the extent those regulations are consistent with SAFETEA-LU provisions; and Article 8 of Chapter 143 of the North Carolina General Statutes. The Recipient also agrees to comply with the provisions of FTA Circular 4220.1E, "Third Parry Contracting Requirements," to the extent those provisions are consistent with SAFETEA-LU provisions and with any subsequent amendments thereto. Although the FTA "Best Practices Procurement Manual" provides additional procurement guidance, the Recipient understands that the FTA "Best Practices Procurement Manual" is focused on third party procurement processes and may omit certain Federal requirements applicable to the third party contract work to be performed. The Recipient shall establish written procurement procedures that comply with the required Federal and State standards. Page 9 of 18