2017-574 OPT - FY2018 NCDOT application for Section 5339 Public Transportation Grant

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and Supervisory Aoreement"betwxaentheGron[eeandLessee.oronothora|mi|aFdncurnent The Grantee agrees to provide o copy of any relevant documents. /1\ Significant Participation by a Third Party Contractor. Although the Grantee may enter into a third party contract, after obtaining approval from the Department, in which the third party Contractor agrees to provide property or services in support of the Project, n[evencarryout Project activities normally performed by the Grantee (such as in a turnkey contract), the Grantee agrees that it, rather than the third party Contractor, is ultimately responsible to the Department for compliance with all applicable Federal and State |avva, regulations, and directives, except to the extent that the Department determines otherwise inwriting. (2) Significant Participation by a Subcontractor. Although the Grantee may delegate any or almost all Project responsibilities to one or more subcontractors, the Grantee agrees that they, rather than the subnoOt[ector, is u|tinnohm|y responsible for compliance with all applicable Federal and State |avvn' nagu|ntions, and directives, except to the extent that the Department determines otherwise inwriting. (3) Significant Participation bV a Lessee of a Grantee. Although the Grantee may lease project property and delegate some or many project responsibilities to one or more lessees, the Grantee ognaus that they, rather than any |eosee, is ultimately responsible for compliance with all applicable Federal lows' reyu|ofioDn, and directives, except to the extent that FTA determines otherwise in writing. Grantee's Responsibility to Extend Federal and State Requirements to Other Entities. /1\ Entities Affected. Only entities that are signatories to this Agreement for the Project are parties tnthis agreement. To achieve compliance with certain Federal and State |evve' regulations, or directives, however, other Project pedicipeDtu'euohaaoubronipientsandthind party Grantees, will necessarily boinvolved. Accordingly, the Grantee agrees to take the appropriate measures necessary to ensure that all Project porticipantaoonnp|yvvith applicable Federal and State |avvn, nagu|aUons, and directives affecting their performance, except tothe extent the Department determines otherwise inwriting. /2\ Documents Affected. The applicability of provisions of Federal and State |avvm, negu|atione, and directives determine the extent to which their requirements affect Project participant. Thus, the Grantee agrees to include adequate provisions to ensure that each Project participant complies with those Federal and State |avva' negu|otions, and directives, except to the extent that the Department determines otherwise in writing. In addition, the Grantee also agrees to require its third pmdv cnntraotnre, eubrecipients, and lessees to include appropriate requirements to ensure compliance with applicable Federal and State |ovvo, regulations, and directives in each lower tier subcontract and subagreement for the Project, except fo the extent that the Department determines otherwise inwriting. Additional requinAnnents include the following: (a) Third Party Contracts. Because Project gctivitiaoparfnrmedbyathirdpartyrontrootur must comply with all applicable Federal and State |avvs' regulations, and directivoo, except iothe extent the Department determines otherwise in writing, the Grantee agrees to include appropriate clauses in each third party contract stating the third party contractor's responsibilities under Federal and State laws, regulations, and directives, including any provisions directing the third party contractor to extend applicable requirements tu its subcontractors ot the lowest tier necessary. When the third party contract requires the third party contractor to undertake responsibilities for the Project usually performed by the Contractor, the Grantee agrees to include in that third party contract those requirements applicable to the Contractor imposed by the Grant Agreement for the Project orthoFTAMeoterAgoaementendextendthooe requirements throughout each tier except as the Department determines otherwise in writing. Additional guidance pertaining to third party contracting is contained in the FTA`a "Best Practices Procurement Manual" -