Agenda - 09-01-20; 5-a - NCDOT Public Transportation Division Public Transportation – 5307 Urbanized Area Formula Grant Applications for FY2021

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DocuSign Envelope ID:3A1F6DBE-9DE9-4D2A-8362-CC716842D771 21 Certifications and Assurances Fiscal Year 2020 Enhanced Mobility of Seniors Program (49 U.S.C. §5310), `flex funds"from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. §5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. §5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§5307(e)(3) and 5309(k)(2)(D). The applicant certifies that: (a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and (b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing. CATEGORY 19. CONSTRUCTION HIRING PREFERENCES. If the applicant will ask FTA to approve the use of geographic, economic, or any other hiring preference not otherwise authorized by law on any contract or construction project to be assisted with an award from FTA, it must make the following certification. This certification is required by the Further Consolidated Appropriations Act, 2020, Pub. L. 116-94, div. H, title I, § 191. The applicant certifies the following: (a) That except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (b) That the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (c) That any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. CATEGORY 20. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS. If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. §5323(v), a new subsection added by the National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92, § 7613 (Dec. 20, 2019). For information about standards or practices that may apply to a rail fixed guideway 17