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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B <br /> X[X I New <br /> NC State University Cost Reimbursement LA Modification No. <br /> Subaward Notice SN Number: 2018-2835-16 <br /> 17.Special Terms&Conditions from#5, may be continued here: <br /> *The Subrecipient shall comply with all applicable Federal and State policies and procedures, found in the Subaward Agreement <br /> and the Prime Funding Source Agreement and in the NC DOT's guidelines and procedures, including the Local Programs <br /> Management Handbook. <br /> *Subrecipient shall comply with Contract Provisions 2 CFR 200,Appendix I1. <br /> *Subrecipient shall comply with the requirements of the law(23 USC 313)and the regulation(235 CFR 635.410)Buy America <br /> unless a waiver is obtained from the FHWA. <br /> *Subrecipient shall comply with the Contract Provisions related to Title,Use, Management, and Disposal of Vehicles and/or <br /> Equipment in Article 5 of the Funding Source Prime Agreement,Appendix C. <br /> *Subrecipient shall comply with all other Contract Provisions noted in Article 9 of the Funding Source Prime Agreement. <br /> *Subrecipient will use project property,vehicles and equipment,continuously and appropriately throughout the useful life of the <br /> property. Useful Life guidelines are found in Appendix D. Upon the end of the period of useful life,the Subrecipient may dispose <br /> of project property following federal regulations. <br /> *The Subrecipient agrees to use Project Property for appropriate purposes and in accordance with the Property Standards denoted <br /> in 2 CFR 200.3 10 through 200.316, Appendix E. The Subrecipient shall maintain all project equipment at a high level of <br /> cleanliness,safety, and mechanical soundness in accordance with the minimum maintenance requirements recommended by the <br /> manufacturer. <br /> *The Certificate of Title to all vehicles purchased shall be in the name of the Subrecipient. <br /> *When useful life of vehicle or equipment are met,or when the equipment or vehicles are no longer needed for the program and <br /> there is no other appropriate federal program to use the property,then the entity may dispose of the property. For property with a <br /> fair market value of more than$5,000,the NC DOT shall be entitled to eighty(80%)of the proceeds from a sale, less a handling <br /> fee of$500 or 10%of the proceeds, whichever is less. <br /> *A I I projects implemented by the Subrecipient must comply with requirements of the National Environmental Policy Act(NEPA) <br /> and other appropriate environmental laws and regulations. All documentation must be submitted to NC DOT for review and <br /> approval. Most projects under this agreement will qualify as a Type I Non-Ground Disturbing Categorical Exclusion and NEPA <br /> requirements may be met by the completion of a checklist. <br /> *Failure on the part of the Subrecipient to comply with the provisions of this agreement will be grounds for the Recipient to <br /> terminate this agreement immediately upon written notice, instead of providing the 30 days advance notice per Article 12 of the <br /> NC State University Cost Reimbursement Subaward Terms and Conditions, Appendix B. Subrecipient agrees to return any <br /> reimbursement of funds already received. <br /> *Subrecipient shall give written notice to NC State University of its insolvency or intent to file a voluntary petition in bankruptcy, <br /> or enter receivership proceedings,or make an assignment for the benefit of creditors at least thirty(30)days prior to the Filing of <br /> the petition. Following written notice from NC State University,this Subaward will terminate upon the occurrence of the <br /> following events: <br /> (1) InsoIvency of Subrecipient; <br /> (2) Subrecipient's filing of a voluntary petition in bankruptcy without notice to NC State University;or <br /> (3) Initiation of involuntary bankruptcy proceedings against Subrecipient. <br /> In the event of such termination,Subrecipient shall be entitled to reimbursement for allowable costs incurred prior to <br /> receipt of notice of termination, and shall return any unused funds. If property has been purchased,Subrecipient shall <br /> transfer title of the property to NC DOT. <br /> *The total amount spent cannot exceed the total amount funded. <br /> *Proper supporting documentation shall accompany each invoice.Submission of each invoice by the Subrecipient is a certification <br /> that Subrecipient has adhered to all applicable state and federal laws and regulations in this agreement. Work cannot begin until <br /> the final authorization letter from the Federal Highway Administration has been received by the NC Clean Energy Technology <br /> Center. Initial invoice must be received before June 30, 2020 and there must be at least one invoice every twelve month period <br /> following that in order for the contract to remain active,until the final invoice is turned in. Failure to provide invoices along this <br /> timeline could result in the Federal Highway Administration de-obligating the funds. This grant is contingent on federal <br /> authorization and obligation of funds and in the event of federal de-obligation of funds,NC Clean Energy Technology Center/NC <br /> State University will notify in writing the subawardee and the contract will be cancelled. <br /> -3- <br />