Orange County NC Website
check a potential contractor's debarment/suspension status at the following Web site: <br />http://epts,ariiet.gov/. <br />W Procurement Notification Reguirements. With respect to any procurement for goods <br />and services (including construction services) having an aggregate value of $500,00O or more (in <br />Federal funds), the Contractor agrees to: <br />(1) Specify the amount of Federal and State funds that will be used to finance the <br />acquisition in any announcement of the contract award for such goods or services; and <br />(2) Express the said amount as a percentage of the total costs of the planned <br />acquisition. <br />X Contract Administration System, The Contractor shall maintain a contract <br />administration system that ensures that contractors/subcontractors perform in accordance with the <br />terms, conditions, and specifications of their contracts or purchase orders, <br />y. Access to Third Part Contract Records. The Contractor agrees, and agrees to <br />require its third party contractors and third party subcontractors, at as many tiers of the Project as <br />required, to provide to the Federal and State awarding agencies or their duly authorized <br />representatives, access to all third party contract records to the extent required by 49 U S.C. § 5325(g), <br />and retain such documents for at least five (5) years after project completion. <br />Section 15. Leases. <br />a. Capital Leases. To the extent applicable, the Contractor agrees to comply with FTA <br />regulations, ""Capital Leases," 49 C.F.R. Part 639, and any revision thereto. <br />b, Leases InvoMn-g-Certificates of Participation. The Contractor agrees to obtain the <br />Department's concurrence before entering into any leasing arrangernent involving the issuance of <br />certificates of participation in connection with the acquisition of any capital asset. <br />Section 16. Hold Harmless, Except as prohibited or otherwise limited by State law or except to <br />the extent that FTA or the Deplarbiient determines otherwise in writing, upon request by the Federal or <br />State Government the Contractor agrees to indemnify, save, aind hold harmless the Federal and State <br />Government and its officers, agents, and employees acting within the scope of their official duties <br />against any liability, Including costs and expenses, resulting from any wifl-ful or intentional violation by <br />the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, <br />translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The <br />Contractor shall not be required to indernnify the Federal or State Government for any such liability <br />caused by the wrongful acts of Federal or State employees or agents. <br />Section 17'. Use of eall Proper!yEgu,i,piii.e.iitand Sup lies. The Contractor understands <br />and agrees that the Federal/State Government retains a Federal/State interest in any real property, <br />equipment, and supplies financed with Federal/State assistance (Project property) until, and to the <br />extent, that the Federal /State Government relinquishes its Federal /State interest in that Project <br />property. With, respect to any Project property financed with Federal/State assistance under this <br />Agreement, the Contractor agrees to comply with the following provisions, except to the extent FTA or <br />the Department determines, otherwise in writing: <br />a. Use orf,-Pro`ect Property, The Contractor agrees 'to maintain continuing control of the use of <br />Project property to the extent satisfactory to FTA. The Contractor agrees to use Project property for <br />appropriate Project purposes (which may include joint development purposes that generate program <br />incorne, both during and after the award period and used to support public transportation activities) for <br />the duration of the useful life of that property, as required by FTA or the Department. Should the <br />Contractor unreasonably delay or fail to use Project property during the useful life of that property, the <br />Contractor agrees that it may be required to return the entire amount of the Federal and State <br />assistance expended on that property. The Contractor further agrees, to notify the Department <br />immediately when any Project property is withdrawn from Project use or when any Project property is <br />used in a manner Substantially different from the representations the Contractor has made in its <br />Updated 9/17/10 Page 20 of'35 <br />