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Project participant will agree to report the use of facilities placed on or likely to be placed on
<br />the U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not use
<br />any violating facilities, to report violations to the Department and the Regional U.S. EPA Office,
<br />and to comply with the inspection and other applicable requirements of:
<br />(1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7414, and other
<br />applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671q;
<br />and
<br />(2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and
<br />other applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251
<br />through 1377.
<br />n. National Intelligent Transiortation Systems Architecture and Standards To the
<br />extent applicable, the Contractor agrees to conform to the National Intelligent Transportation
<br />Systems (ITS) Architecture and Standards as required by SAFETEA -LU § 5307(c), 23 U.S.C. §
<br />512 note, and comply with FTA Notice, "FTA National ITS Architecture Policy on Transit
<br />Projects" 66 Fed. Reg. 1455 et seq., January 8, 2001, and any subsequent further
<br />implementing directives, except to the extent FTA or the Department determines otherwise in
<br />writing.
<br />o. Rollinq Stock In acquiring rolling stock, the Contractor agrees as follows:
<br />(1) Method of Acquisition The Department's Public Transportation Division,
<br />through the North Carolina Department of Administration, Purchase and Contract Division,
<br />awards vehicle contracts for its grant recipients to purchase public transit vehicles. These
<br />vehicle contracts comply with FTA and State requirements. The Contractor will utilize these
<br />vehicle contracts to purchase public transit vehicles included in the Approved Budget for this
<br />Project. For public transit vehicles not included in these contracts, the Contractor shall conduct
<br />a competitive procurement process in accordance with this Agreement.
<br />(2) Multi -year Options In accordance with 49 U.S.C. § 5325(e)(1), the
<br />Contractor may not enter into a multi -year contract with options, exceeding five (5) years after
<br />the date of the original contract, to purchase additional rolling stock and replacement parts.
<br />(3) Pre -Award and Post - Delivery Requirements The Contractor agrees to
<br />comply with the requirements of 49 U.S.C. § 5323(m) and FTA regulations, "Pre -Award and
<br />Post - Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663 and, when promulgated,
<br />any amendments to those regulations. The Contractor understands and agrees that to the
<br />extent the provisions of 49 U.S.C. § 5323(m), as amended by SAFETEA -LU conflict with FTA's
<br />implementing regulations, as currently promulgated, the provisions of 49 U.S.C. § 5323(m), as
<br />amended, prevail.
<br />(4) Bus Testing To the extent applicable, the Contractor agrees to comply with
<br />the requirements of 49 U.S.C. § 5318(e) and FTA regulations, "Bus Testing," 49 C.F.R. Part
<br />665, and any amendments to those regulations that may be promulgated.
<br />p. Bonding. For construction projects, the Contractor agrees to provide bid guarantee
<br />bond (5% of bid price) and performance and payment bonds (100% of contract price) and
<br />comply with any other construction bonding provisions as the Department may determine.
<br />q. Architectural Engineering Design or Related Services For all architectural,
<br />engineering, design, or related services the Contractor shall use qualifications -based
<br />competitive proposal [Request for Qualifications (RFQ) in accordance with the Brooks Act]
<br />procedures. The Contractor shall follow applicable statutes, N.C.G.S. 143 - 64.31 -34 and
<br />requirements set forth in FTA Circular 4220.1 F. to retain a qualified, registered architect or
<br />professional engineer.
<br />(1) The Contractor agrees to comply with qualifications -based competitive
<br />proposal procedures, which require:
<br />(a) An offeror's qualifications be evaluated;
<br />(b) Good faith effort to use minority -owned businesses;
<br />Updated 3/01/11 Page 19 of 41
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