|
a
<br />I
<br />report violations to the Department and the Regional U.S. EPA Office, and to comply with the
<br />inspection and other applicable requirements of:
<br />(1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. §7GO0' and other applicable
<br />provisions of the Clean Air Act, ao amended, 42U.8.C, §74O1 through 7871q; and
<br />(2) Section 508 of the Clean Water Act' as amended, 33 U.G.C. § 1308, and other applicable
<br />requirements of the Clean Water Act, as amended, 33 U.G.C. 0 1251 through 1377.
<br />Standards. National Intelligent Transportation SVstems Architecture and To the extent applicable,
<br />the Grantee agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture
<br />and Standards as required by8AFETEA-LU 0 5307(d, 23 U.S.C. 8 512 note' and comply with
<br />FT7\ Notice, ''FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 etsaq.'
<br />January 8, 2001, and any subsequent further implementing directives, except to the extent FTA or
<br />the Department determines otherwise inwriting.
<br />Rolling Stoc . |n acquiring rolling stock, the Grantee agrees mofollows:
<br />/1\ Method of Acquisition. The Department's Public Transportation Division, through the North
<br />Carolina Department of Administration, Purchase end Contract UiviaioD, awards vehicle
<br />contracts for its grant recipients fo purchase public transit vehicles. These vehicle contracts
<br />comply with FTA and State requirements. The Grantee will utilize these vehicle contracts to
<br />purchase public transit vehicles included |D the Approved Budget for this Project. For public
<br />transit vehicles not included in those contracts, the Grantee shall conduct a competitive
<br />procurement process in accordance with this Agreement.
<br />(2) . In accordance with 49 U.S.C. § 5325(e)/1\. the Grantee may not enter
<br />into a multi-year contract with options, exceeding five (5) years after the date of tile original
<br />contract, tn purchase additional rolling stock and replacement parts.
<br />(3)� The Grantee agrees to comply with the
<br />requirements of 49 U.S.C. § 5323(m) and FT7\regulations, "Pre-Award and Post-Delivery
<br />Audits of Rolling Stook Purchases," 49 C.F.R. Pert 003 and, when promulgated, any
<br />amendments to those regulations. The Grantee understands and agrees that to the extent
<br />the provisions of48U.G.C.§5323(m),Gn amended by the FAST Act, K8/\P-21o[8AFETEA-
<br />LUoonflirtwithFTA^simp|ementingnagu|otiona.aaourpent|yprorno|gated'theprovimionanf
<br />4QU.S.C.G5323/nn\,aa amended, prevail.
<br />(4) Bus Testing. To the extent applicable, the Grantee agrees to comply with the requirements
<br />of 49 U.S.C. § 5318/e\ and FTA[eQu|aUoDs' "Bus TesUng,''4D C.F.R. Part 665, and any
<br />amendments to those regulations that may bepromulgated.
<br />Bonding. For construction projects, thaG|anteemgroeotuprovidebid'guansnteebond(5Y6ofbid
<br />price) and performance-and payment bonds U00% of contract price) and comply with any other
<br />construction bonding provisions oa the Department may determine.
<br />Architectural, Engineering, Design, or Related Services. For all architectural, engineering, design,
<br />or related services the Grantee shall use qualifications-based competitive proposal [Request for
<br />Qualifications (RFQ) in accordance with the Brooks Act] procedures. The Grantee shall follow
<br />applicable statutes, N.C.E).S. 143-64.31-34. and requirements set forth inFTA Circular 422O.|Fms
<br />amended, to fatain a qualified, registered architect orprofessional engineer:
<br />(1) The Grantee egrmoo to comply with qualifications-based competitive proposal procedures,
<br />which require:
<br />/eA An ofharor'squa|ihnetionn be evaluated;
<br />(6) Good faith effort to use minority-owned businesses;
<br />/u\ Price be excluded aaan evaluation factor;
<br />(d) Negotiations ba conducted with only the most qualified offeror; and
<br />(e) Failing agreement on price, negotiations with the next most qualified offeror be
<br />conducted until a contract award can be made to the most qualified qfferor whose
<br />price ia fair and reasonable.
<br />(2) Geographic |uosdion may be u selection nh1ohon in procurements for architectural and
<br />engineering (4&E) services provided its application leaves an appropriate number of
<br />qualified firms, given the nature and size Vf the project, tocornpntefortherontract.
<br />05/27/2016 Page l8u[37
<br />
|