HomeMy WebLinkAboutS Grant - NC Department of Transportation FY09-5311 CT Grant Program~~
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STATE OF NORTH CAROLINA
DEPARTMENT OF 'TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
July 30, 2008
Mr. Jerry Passmore, Director
Orange County Department on Aging
300 W Tryon Street
Hillsborough, North Carolina 27278
LYNDO TII'PETT
SECRETARY
RE: FY09 5311 CT Grant Program
Project No. (s) 09-US-056
09-SC-056
WBS Element No(s). 36221.19.7.1
36226.77.6.3
Purchase Order No.(s) TDB
Period of Performance: 7/1/08-6/30/09
Dear Mr. Passmore:
On May 1, 2008 the Board of Transportation approved funds in the amount of $305,387
fora 5311 Community Transportation grant. The project budget and agreement(s) to be
executed between Orange County resolution authorizes the Chairperson to enter into this
agreement on behalf of your agency. Please follow the enclosed instructions for execution and
return of the agreements. Agreements must be executed prior to disbursement of funds. All
invoices must be submitted using the Microsoft Excel invoice template provided by the division.
The invoice templates are available for download on the division's Web site at
http://www.ncdot.orlr/transit/nctransit/resou rces.htmL
If your Project budget includes federal funds, the funding for your agency is included in the
Section 5311 application that has been submitted to the Federal Transit Administration (FTA).
We expect approval of the grant within the next 30 days. ,
In accordance with the grant agreement, you have an option of submitting requests for
reimbursement quarterly or monthly, but we encourage grantees that are required to send in
supporting documentation to submit their invoice on a monthly basis. Grantees must indicate
their selection of monthly or quarterly submittals on the form included with the Request for
Reimbursement Instructions located at http://www.ncdot.or>?/transit/nctransit/resources.html.
MAILING ADDRESS: TELEPHONE: 919-733-4713 LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-2304 TRANSPORTATION BUILDING
PUBLIC TRANSPORTATION DIVISION - 1 SOUTH W ILMINGTON STREET
1550 MAIL SERVICE CENTER bVVYW.DOT.STATE.NC.t1S/TRANSIT/TRANSITNET/ RALEIGH NC
RALEIGH, NC 27699-1550
Page 2
Failure to request reimbursement within 30 days following the end of the period covered
as outlined in the agreement may result in non-payment or termination of the project. Request
for reimbursement must include expenditures incurred during the period covered. Please
note that special provisions will be given to accruals such as public utilities and other
costs/charges where payments were made after the period covered.
Please be aware that grantees shall limit reimbursement for meals, lodging and travel to
the rates established by the State of North Carolina Travel Policy. Costs incurred in excess of
these rates shall be borne by the grantee.
It is the policy of the North Carolina Department of Transportation (NCDOT) to ensure
that small businesses owned and controlled by socially and economically disadvantaged
individuals have the maximum opportunity to participate in the performance of contracts using
Federal and state funds disbursed through the Department. Per this policy, NCDOT manages the
following programs that promote and support this policy: .
(1) The Federal Disadvantaged Business Enterprise program (DBE),
(2) The State Minority (MB) and Women (WB) Business Enterprise program, and
(3) The State Historically Underutilized Business Enterprise Program (HUB).
Each NCDOT contract contains assurances that disadvantaged and underutilized business
enterprise statutes, regulations, policies and procedures will be adhered to during the duration of
the contract. It is the responsibility of the grantee to include these assurances, as well as all other
relevant contract clauses, in third party bid advertisements for goods and services as well as in
the subsequent award of contracts. All bid advertisements must be submitted to the Public
Transportation Division for concurrence prior to advertising. The Division will forward the bid
advertisements to the Contractual Services Unit within NCDOT for their review prior to
concurrence. To allow adequate review time, the advertisement should be submitted two weeks
before the expected date of advertisement.
Contractor certification can be confirmed by reviewing the Directory of Transportation
Firms located at: http//apps.dot.state.nc.us/vendor/directorX.
Your agency is responsible for reporting all payments made to DBE/MBE/WBE/HUB
firms at the time invoices are submitted to the Public Transportation Division for reimbursement..
The Vendor Payments form can be found on the Public Transportation Division's web-site at
http://www.ncdot.org/transit/nctransit/resources.html.
Page 3
The project number, WBS element, purchase order number and period of performance
referenced above have been assigned to your project. Please include these references on all
correspondence.
If you have any questions, please Charlie Wright at 919 733-4713 extension 255
Sincerely,
Miriam S. Perry
Director
MSP/cw
Attachments
STATE OF NORTH CAROLINA HUMAN SERVICE AND CAPITAL
COUNTY OF WAKE GRANT AGREEMENT FOR
PUBLIC BODY ORGANIZATIONS
(FOR COMMUNITY TRANSPORTATION
NORTH CAROLINA SYSTEMS OPERATING IN URBAN COUNTIES)
DEPARTMENT OF TRANSPORTATION
DOT PROGRAM NUMBER: DOT-03 & DOT-14
and
PROJECT NUMBER: 09-US-056
09-SC-056
ORANGE COUNTY
WBS ELEMENT(S): 36221.19.7.1
36226.77.6.3
THIS AGREEMENT made this the _day of , 20_, (hereinafter referred to as
AGREEMENT) by and between the DEPARTMENT OF TRANSPORTATION (hereinafter
referred to as "Department", an agency of the State of North Carolina) and ORANGE COUNTY
(acting in its capacity as the designated recipient of Human Service Transportation
Management and Capital program funds, hereinafter referred to as the "Contractor").
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes
designated the Department of Transportation as the agency of the State of North Carolina
responsible for administering funding assistance for public transportation in rural and small
urban areas by way of a formula grant program to be administered by the State; and
WHEREAS, the purposes of Article 2B of .Chapter 136 are to enhance access of people
in nonurbanized areas for purposes such as health care, shopping, education, recreation,
public services, and employment by encouraging the maintenance, development,
improvement, and use of passenger transportation systems; and
WHEREAS, the Contractor has been designated as the recipient of Human Service
Transportation Management and Capital (for Community Transportation Systems operating in
urban counties) funds, and
WHEREAS, Article 26 of Chapter 136 of the North Carolina General Statutes
designated the Department of Transportation as the agency of the State of North Carolina
responsible for administering all Federal and/or state programs relating to public transportation,
and granted the Department authority to do all things required under applicable Federal and/or
State legislation to properly administer the public transportation within the State of North
Carolina; and
WHEREAS, in order to assist in providing transportation services, the Department, under
the terms of this Agreement shall make grants of administrative assistance to the Contractor;
and .
WHEREAS, the Department and the Contractor desire to secure and utilize Human
Service Transportation Management and capital (for Community Transportation Systems
operating in urban counties) grant funds for the above referenced purposes.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the
Department and the Contractor agree as follows:
Section 1. Purpose of Agreement. The purpose of this Agreement is to provide for the
undertaking of nonurbanized area public transportation services as described in the project
application (hereinafter referred tows "Project") properly prepared, endorsed, approved, and
transmitted by the Contractor to the Department, and to state the terms, conditions, and mutual
undertakings of the parties as to the manner in which the project will be undertaken and
completed.
Section 2. Proiect Implementation. The Contractor agrees to carry out the Project as
follows:
a. Scope of Project. The Contractor shall undertake and complete the
nonurbanized area public transportation services in accordance with the procedures and
guidelines set forth in the following documents:
(1) Federal Transit Administration (hereinafter referred to as "FTA")
Circular 9040.1 E, dated October 1, 1998, at:
(www.fta.dot.gov/publications/publications_circulars_guidance.html);
(2) FTA Master Agreement, Document Number FTA MA(13) dated
October 1, 2006, at (www.fta.dot.gov/documents/13-Master.doc);
(3) The State Management Plan for Federal and State Transportation
Programs (hereinafter referred to as "State Management Plan");
(4) The project application for financial assistance; and
(5) The Community Transportation Improvement Plan for ORANGE
COUNTY.
The aforementioned documents, and any subsequent amendments or revisions thereto, are
herewith incorporated by reference, and are on file with and approved by the Department in
accordance with the terms and conditions of this Agreement. Nothing shall be construed under
the terms of this Agreement by the Department or the Contractor that shall cause any conflict
with Department, State, or Federal statutes, rules, or regulations.
b. Cost of Proiect. The total cost of the Project approved by the Department is
THREE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED TWENTY DOLLARS
($349,520) as set forth in the Project Description and Budget, incorporated into this Agreement
as Attachment A. The Department shall provide, from State funds, the percentages of the
actual net cost of the Project as indicated below, not in excess of the identified amounts for
eligible administrative and capital expenses. The Contractor hereby agrees that it will provide
the percentages of the actual net cost of the Project, as indicated below, and any amounts in
excess of the Department's maximum (State share). The net cost is the price paid minus any
refunds, rebates, or other items of value received by the Contractor which have the effect of
reducing the actual cost. The Contractor shall initiate and prosecute to completion all actions
necessary to enable it to provide its share of the Project costs at the time directed.
Administration Administration Administration Administration Administration
y~-gg Total Federal (0%) State (85%) Local (%15)
36221.19.7.1
«TotalUSAdm $ 0 $156,077 $27,543
PO «POUS» in»183,620
Capital Capital Capital Capital Capital
N-gg Total Federal (0%) State (90%) Local
36226.77.6.3 (10%«Local PctSC» )
PO «POSC» $165,900 $ 0 $149,310 $16,590
Project Total Project Project Project Project
Total Total Federal Total State Total Local
$349,520 $ 0 $305,387 $44,133
c. Period of Performance. This Agreement shall commence upon the date of
execution, unless specific written authorization from the Department to the contrary is
NCDOT/PTD/FM
Revised 8/4/2008 Page 2 of 28
received. The period of performance for all expenditures shall extend from July 1, 2008 to
June 30, 2009, unless written authorization to the contrary is provided by the Department.
Any requests to change the Period of Performance must be made in accordance with the
policies and procedures established by the Department or FTA. The Contractor shall
commence, carry on, and complete the approved Project with all practicable dispatch, in a
sound, economical, and efficient manner.
d. Contractor's Capacity. The Contractor agrees to maintain sufficient legal,
financial, technical, and managerial capability to:
(1) Plan, manage, and complete the Project and provide for the use of
Project property;
(2) Carry out the safety and security aspects of the Project; and
(3) Comply with the terms of this agreement, the Master Agreement
between the FTA and the Department, the Approved Project Budget,
the Project schedules, the Contractor's annual Certifications and
Assurances to the Department, and applicable Federal and State
laws, regulations, and directives.
e. Administrative Requirements. The Contractor agrees to comply with the
following Federal and State administrative requirements:
(1) U.S. DOT regulations, "Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18 at
(http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#pagel ).
(2) Title 19A North Carolina Administrative Code (N.C.A.C.) Subchapter 5B
at (http://reports.oah.state.nc.us/ncac.asp).
f. Application of Federal State and Local Laws, Regulations, and Directives.
To achieve compliance with changing federal requirements, the Contractor makes note that
federal, state and local requirements may change and the changed requirements will apply to
this Agreement as required.
g. Contractor's Primary Responsibility to Comply with Federal and State
Requirements. Irrespective of involvement by any other participant in the Project, the
Contractor agrees that it, rather than the participant, is ultimately responsible for compliance
with all applicable Federal and State laws, regulations, and directives, the Master Agreement
between the FTA and the Department, and this Agreement, except to the extent that the
Department determines otherwise in writing. Unless otherwise authorized in writing by the
Department, the Contractor shall not assign any portion of the work to be performed under this
Agreement, or execute any contract, amendment, or change order thereto, or obligate itself in
any manner with any third party with respect to its rights and responsibilities under this
Agreement without the prior written concurrence of the Department. Further, the Contractor
shall incorporate the provisions of this Agreement into any lease arrangement and shall not
enter into any lease arrangement without the prior concurrence of the Department. Any lease
approved by the Department shall be subject to the conditions or limitations governing the
lease as set forth by the FTA and the Department. If the Contractor leases any Project asset
to another party, the Contractor agrees to retain ownership of the leased asset, and assure
that the Lessee will use the Project asset to provide mass transportation service, either
through a "Lease and Supervisory Agreement" between the Contractor and Lessee, or another
similar document. The Contractor agrees to provide a copy of any relevant documents.
(1) Significant Participation by a Third Party Contractor. Although the
Contractor may enter into a third party contract, after obtaining approval from the Department,
in which the third party contractor agrees to provide property or services in support of the
Project, or even carry out Project activities normally performed by the Contractor (such as in a
NCDOT/PTD/FM
Revised 8/4/2008 Page 3 of 28
turnkey contract), the Contractor agrees that it, rather than the third party contractor, is
ultimately responsible to the Department for compliance with all applicable Federal and State
laws, regulations, and directives, except to .the extent that the Department. determines
otherwise in writing.
(2) Significant Participation by a Subcontractor. Although the Contractor
may delegate any or almost all Project responsibilities to one or more subcontractors, the
Contractor agrees that it, rather than the subcontractor, is ultimately responsible for
compliance with all applicable Federal and State laws, regulations, and directives, except to
the extent that the Department determines otherwise in writing.
(3) Significant Participation by a Lessee of a Contractor. Although the
contractor may lease project property and delegate some or many project responsibilities to
one or more lessees, the Contractor agrees that it, rather than any lessee, is ultimately
responsible for compliance with all applicable Federal laws, regulations, and directives, except
to the extent that FTA determines otherwise in writing.
h. Contractor's Responsibility to Extend Federal and State Requirements to
Other Entities.
(1) Entities Affected. Only entities that are signatories to this Agreement
for the Project are parties to this agreement. To achieve compliance with certain Federal and
State laws, regulations, or directives, however, other Project participants, such as
subrecipients and third party contractors, will necessarily be involved. Accordingly, the
Contractor agrees to take the appropriate measures necessary to ensure that all Project
participants comply with applicable Federal and State laws, regulations, and directives
affecting their performance, except to the extent the Department determines otherwise in
writing.
(2) Documents Affected. The applicability provisions of Federal and State
laws, regulations, and directives determine the extent to which their provisions affect a Project
participant. Thus, the Contractor agrees to include adequate provisions to ensure that each
Project participant complies with those Federal and State laws, regulations, and directives,
except to the extent that the Department determines otherwise in writing. In addition, the
Contractor also agrees to require its third party contractors, subrecipients and lessees to
include adequate provisions to ensure compliance with applicable Federal and State laws,
regulations, and directives in each lower tier subcontract and subagreement for the Project,
except to the extent that the Department determines otherwise in writing. Additional
requirements include the following:
(a) Third Party Contracts. Because Project activities performed by
a third party contractor must comply with all applicable Federal and State laws, regulations,
and directives, except to the extent the Department determines otherwise in writing, the
Contractor agrees to include appropriate clauses in each third party contract stating the third
party contractor's responsibilities under Federal and State laws, regulations, and directives,
including any provisions directing the third party contractor to extend applicable requirements
to its subcontractors at the lowest tier necessary. When the third party contract requires the
third party contractor to undertake responsibilities for the Project usually performed by the
Contractor, the Contractor agrees to include in that third party contract those requirements
applicable to the Contractor imposed by the Grant Agreement for the Project or the FTA
Master Agreement and extend those requirements throughout each tier except as the
Department determines otherwise in writing. Additional guidance pertaining to third party
contracting is contained in the FTA's "Best Practices Procurement Manual." FTA and the
Department caution, however, that FTA's "Best Practices Procurement Manual" focuses mainly
on third party procurement processes and may omit certain other Federal requirements
applicable to the work to be performed.
NCDOT/PTD/FM
Revised 8/4/2008 Page 4 of 28
(b) Subagreements. Because Project activities performed by a
subcontractor/ subrecipient must comply with all applicable Federal and State laws,
regulations, and directives except to the extent that the Department determines .otherwise in
writing, the Contractor agrees as follows:
1. Written subagreement. The Contractor agrees to enter
into a written agreement with each subrecipient (subagreement) stating the terms and
conditions of assistance by which the Project will be undertaken and completed.
2. Compliance with Federal Requirements. The Contractor
agrees to implement the Project in a manner that will not compromise the Contractor's
compliance with Federal and State laws, regulations, and directives applicable to the Project
and the Contractor's obligations under this Agreement for the Project and the FTA Master
Agreement. Therefore, the Contractor agrees to include in each subagreement appropriate
clauses directing the subrecipient to comply with those requirements applicable to the
Contractor imposed by this Agreement for. the Project or the FTA Master Agreement and
extend those requirements as necessary to any lower level subagreement or any third party
contractor at each tier, except as the Department determines otherwise in writing.
i. No Federal/State Government Obligations to Third Parties. In connection
with performance of the Project, the Contractor agrees that, absent the Federal/State
Government's express written consent, the Federal/State Government shall not be subject to
any obligations or liabilities to any subrecipient, third party contractor, lessee, or other person
or entity that is not a party to this Agreement for the Project. Notwithstanding that the
Federal/State Government may have concurred in or approved any solicitation, subagreement,
or third party contract, the Federal/State Government has no obligations or liabilities to such
entity, including any subrecipient, third party contractor, or lessee.
j. Changes in Project Performance li.e., Disputes, Breaches, Defaults, or
Liti ation . The Contractor agrees to notify the Department immediately, in writing, of any
change in local law, conditions (including its legal, financial, or technical capacity), or any other
event that may adversely affect the Contractor's ability to perform the Project as provided in
this Agreement for the Project. The Contractor also agrees. to notify the Department
immediately, in writing, of any current or prospective major dispute, breach, default, or litigation
that may adversely affect the .Federal/State Government's interests in the Project or the
Federal/State Government's administration or enforcement of Federal/State laws or
regulations; and agrees to inform the Department, also in writing, before naming the Federal or
State Government as a party to litigation for any reason, in any forum.
k. Limitations of Agreement. This Agreement shall be subject to the availability
of State funds and contingent upon the terms and conditions of the Master Agreement
between the FTA and the Department.
Section 3. Ethics.
a. Code of Ethics. The Contractor agrees to maintain a written code or
standards of conduct that shall govern the actions of its officers, employees, board members,
or agents engaged in the award or administration of third party contracts, subagreements, or
leases financed with Federal/State assistance. The Contractor agrees that its code or
standards of conduct shall specify that its officers, employees, board members, or agents may
neither solicit nor accept gratuities, favors, or anything of monetary value from any present or
potential third party contractor at any tier, any subrecipient at any tier or agent thereof, or any
lessee. Such a conflict would arise when an employee, officer, board member, or agent,
including any member of his or her immediate family, partner, or organization that employs, or
intends to employ, any of the parties listed herein has a financial interest in the firm selected
for award. The Contractor may set de minimis rules where the financial interest is not
substantial, or the gift is an unsolicited item of nominal intrinsic value. The Contractor agrees
NCDOT/PTD/FM
Revised 8/4/2008 Page 5 of 28
that its code or standards shall also prohibit the its officers, employees, board members, or
agents from using their respective positions in a manner that presents a real or apparent
personal or organizational conflict of interest or personal gain. As permitted by State or local
law or regulations, the Contractor agrees that its code or standards of conduct shall include
penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board
members, or their agents, its third party contractors or subrecipients or their agents.
(1) Personal Conflicts of Interest. The Contractor agrees that its code or
standards of conduct shall prohibit the Contractor's employees, officers, board members, or
agents from participating in the selection, award, or administration of any third party contract or
subagreement supported by Federal/State assistance if a real or apparent conflict of interest
would be involved. Such a conflict would arise when an employee, officer, board member, or
agent, including any member of his or her immediate family, partner, or organization that
employs, or intends to employ, any of the parties listed herein has a financial interest in the
firm selected for award.
(2) Organizational Conflicts of Interest. The Contractor agrees that its
code or standards of conduct shall include procedures for identifying and preventing real and
apparent organizational conflicts of interest. An organizational conflict of interest exists when
the nature of the work to be performed under a proposed third party contract or subagreement
may, without some restrictions on future activities, result in an unfair competitive advantage to
the third party contractor or subrecipient or impair its objectivity in performing the contract work.
b. .Debarment and Suspension. The Contractor agrees to comply, and assures
the compliance of each third party contractor, subrecipient, or lessee at any tier, with Executive
Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and
U.S. DOT regulations, "Governmentwide Debarment and Suspension (Nonprocurement)," 49
C.F.R. Part 29. The Contractor agrees to, and assures that its third party contractors,
subrecipients, and lessees will, review the Excluded Parties Listing System at
(http://epls.arnet.gov/) before entering into any contracts.
c. Bonus or Commission. The Contractor affirms that it has not paid, and
agrees not to pay, any bonus or commission to obtain approval of its State assistance
application for the Project.
d. Lobbyina Restrictions. The Contractor agrees that:
(1) In compliance with 31 U.S.C. 1352(a), it will not use Federal
assistance
to pay the costs of influencing any officer or employee of a Federal agency, Member of
Congress, officer of Congress or employee of a member of Congress, in connection with
making or extending the Grant Agreement;
(2) It will comply with other applicable Federal laws and regulations
prohibiting the use of Federal assistance for activities, designed to influence Congress or a
State legislature with respect to legislation or appropriations, except through proper, official
channels; and
(3) It will comply, and will assure the compliance of each subrecipient,
lessee, or third party contractor at any tier, with U.S. DOT regulations, "New Restrictions on
Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 13.52.
e. Employee Political Activity. To the extent applicable, the Contractor agrees
to comply with the provisions of the Hatch Act, 5 U.S.C. §§ 1501 through 1508, and 7324
through 7326, and U.S. Office of Personnel Management regulations, "Political Activity of
State or Local Officers or Employees," 5 C.F.R. Part 151. The Hatch Act limits the political
activities of State and local agencies and their officers and employees, whose principal
employment activities are financed in whole or part with Federal funds including a Federal
grant, cooperative agreement, or loan. Nevertheless, in accordance with 49 U.S.C. §
NCDOT/PTD/FM
Revised 8/4/2008 Page 6 of 28
5307(k)(2)(B) and 23 U.S.C. § 142(g), the Hatch Act does not apply to a nonsupervisory
employee of a public transportation system (or of any other agency or entity performing related
functions) receiving FTA assistance to whom the Hatch Act would not otherwise apply.
f. False or Fraudulent Statements or Claims. The Contractor acknowledges
and agrees that:
(1) Civil Fraud. The Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. §§ 3801 et seq., and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its activities in connection with the Project. By
executing this Agreement for the Project, the Contractor certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in connection with the
Project. In addition to other penalties that may apply, the Contractor also understands that if it
makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or
representation to the Federal/State Government concerning the Project, the Federal/State
Government reserves the right to impose on the Contractor the penalties of the Program Fraud
Civil Remedies Act of 1986, as amended, to the extent the Federal/State Government deems
appropriate.
(2) Criminal Fraud. If the Contractor makes a false, fictitious, or
fraudulent claim, statement, submission, certification, assurance, or representation to the
Federal/State Government or includes a false, fictitious, or fraudulent statement or
representation in any agreement with the Federal/State Government in connection with a
Project authorized under 49 U.S.C. chapter 53 or any other Federal law, the Federal/State
Government reserves the right to impose on the Contractor the penalties of 49 U.S.C. §
5323(1), 18 U.S.C. § 1001 or other applicable Federal/State law to the extent the Federal/State
Government deems appropriate. Section 4. Proiect Expenditures.
a. General. The Department shall reimburse the Contractor for allowable costs
for work performed under the terms of this Agreement which shall be financed with State
funds. The Contractor shall expend funds provided in this Agreement in accordance with the
approved Project Budget(s), included as Attachment A to this Agreement. It is understood and
agreed that the work conducted pursuant to this Agreement shall be done on an actual cost
basis by the Contractor. Expenditures submitted for reimbursement shall include all eligible cost
incurred within the Period Covered. The Period Covered represents the monthly or quarterly
timeframe in which the project reports expenditures to the Department. All payments issued by
the Department will be on a reimbursable basis unless the Contractor requests and the
Department approves an advance payment. The Department allows grantees in good standing
to request advance payment (prior to issuing payment to the vendor) for vehicles and other
high-cost capital items. The Contractor agrees to deposit any advance payments into its
account when received and issue payment to the vendor within 3 (three) business days. The
amount of reimbursement from the Department shall not exceed the, funds budgeted in the
approved Project Budget. The Contractor shall initiate and prosecute to completion all actions
necessary to enable the Contractor to provide its share of project costs at or prior to the time
that such funds are needed to meet project costs. The Contractor shall provide its share of
project costs from sources other than FTA and State funds from the Department. Any costs
for work not eligible for Federal and State participation shall be financed one hundred percent
(100%) by the Contractor.
b. Payment. In order to assist the Contractor in financing the administrative
costs of -the project, the Department shall reimburse the Contractor up to the percentage
specified in the Approved Project Budget of allowable administrative costs, which shall be
determined by available funding. The Contractor shall submit itemized invoices to the
Department not more frequently than monthly, nor less frequently than quarterly, reporting on
NCDOT/PTD/FM
Revised 8/4/2008 Page 7 of 28
the Department's Uniform Public Transportation Accounting System (UPTAS) invoicing forms
furnished by the Department for work performed under this Agreement. Expenditures submitted
for reimbursement shall include all eligible cost incurred within the Period Covered. Failure to
request reimbursement for expenses incurred within the Period Covered may result in non-payment.
All requests for reimbursement must be submitted within (30) days following the end of the project's
reporting period. Additional forms must be submitted with reimbursement requests to report on
contracting activities with Historically Underutilized Business (HUB) and. Minority Business and
Women Business Enterprise (MBE/WBE) firms. Invoices shall be supported by documentation
of costs unless otherwise waived by the Department. All requests must be submitted within
thirty (30) days following the end of the quarter. Failure to request reimbursement for eligible
projects costs as outlined may result in termination of the Project. Invoices shall be approved
by the Department's Public Transportation Division and reviewed by the Department's External
Audit Branch prior to payment.
c. Excluded Costs. The Contractor understands and agrees that, except to the
extent the Department determines otherwise in writing, ineligible costs will be treated as
follows:
(1) In determining the amount of State assistance the Department will
provide, the Department will exclude:
(a) Any Project cost incurred by the Contractor before the Effective Date of
the Grant;
(b) Any cost that is not included in the latest Approved Project Budget;
(c) Any cost for Project property or services received in connection with a
third party contract or subagreement with a subrecipient that must be approved by the
Department, or other arrangement required to be, but has not been, concurred in or approved
in writing by the Department;
(d) Any non-project cost consistent with the prohibitions of 49 U.S.C. §
5323(h); and
(e) Any cost ineligible for Department participation as provided by applicable
Federal/State laws, regulations, or directives.
(2) The Contractor shall limit reimbursement for meals, lodging and travel to
the rates established by the State of North Carolina Travel Policy. Costs incurred by the
Contractor in excess of these rates shall be borne by the contractor.
(3) The Contractor understands and agrees that payment to the Contractor
for any Project cost does not constitute the State Government's final decision about whether
that cost is allowable and eligible for payment and does not constitute a waiver of any violation
by the Contractor of the terms of this Agreement. The Contractor acknowledges that the State
Government will not make a final determination about the allowability and eligibility of any cost
until an audit of the Project has been completed. If the State Government determines that the
Contractor is not entitled to receive any portion of the State assistance the Contractor has
requested or provided, the Department will notify the Contractor in writing, stating its reasons.
The Contractor agrees that Project closeout will not alter the Contractor's responsibility to
return any funds due the State Government as a result of later refunds, corrections, or other
transactions; nor will Project closeout alter the State Government's right to disallow costs and
recover funds on the basis of a later audit or other review. Unless prohibited by Federal/State
law or regulation, the State Government may recover any State assistance funds made
available for the Project as necessary to satisfy any outstanding monetary claims that the
State Government may have against the Contractor.
d. State Claims Excess Payments Disallowed Costs. including Interest.
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(1) Contractor's Responsibility to Pay. Upon notification to the Contractor
that specific amounts are owed to the State Government, whether for excess payments of
State assistance, disallowed costs, or funds recovered from third parties or elsewhere, the
Contractor agrees to remit to the Department promptly the amounts owed, including applicable
interest and any penalties and administrative charges.
(2) Amount of Interest. The Contractor agrees to remit to the Department
interest owed as determined. in accordance with N.C.G.S. 147-86.23.
e. De-obligation of Funds. The Contractor agrees that the Department may de-
obligate unexpended State funds before Project closeout.
Section 5. Accountina Records.
a. Establishment and Maintenance of Accountina Records. The Contractor
shall establish and maintain separate accounts for the public transportation program, either
independently or within the existing accounting system. All costs charged to the program shall
be in accordance with most current approved Project Budget and shal- be reported to the
Department in accordance with UPTAS.
b. Documentation of Proiect Costs. All costs charged to the Project, including
any approved services performed by the Contractor or others, shall be supported by properly
executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature
and propriety of the charges, as referenced in 49 C.F.R. 18, the Office of Management and
Budget Circulars A-87, "Costs Principles for State, Local, and Indian Tribal Governments" and
A-102 "Grants and Cooperative Agreements with State and Local Governments."
c. Allowable Costs. Expenditures made by the Contractor shall be reimbursed
as allowable costs to the extent they meet all of the requirements set forth below. They must
be:
(1) Consistent with the Project Description, plans, specifications, and
Project Budget and all other provisions of this Agreement;
(2) Necessary in order to accomplish the Project;
(3) Reasonable in amount for the goods or services purchased;
(4) Actual net costs to the Contractor, i.e., the price paid minus any
refunds (e.g., refundable sales and use taxes pursuant to N.C.G.S. 105-164.14), rebates, or
other items of value received by the Contractor that have the effect of reducing the cost
actually incurred;
(5) Incurred (and be for work performed) within the period of performance
of this Agreement unless specific authorization from the Department to the contrary is
received;
(6) Satisfactorily documented;
(7) Treated uniformly and consistently under accounting principles and
procedures approved or prescribed by the Department; and
(8) In compliance with U.S. DOT regulations pertaining to allowable costs
at 49 C.F.R. § 18.22(b) or 49 C.F.R. § 19.27, which regulations specify the applicability of U.S.
Office of Management and Budget (U.S. OMB) circulars and Federal Acquisition Regulation
(FAR) provisions are follows:
(a1) U.S. OMB Guidance for Grants and Agreements, "Cost
Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87)", 2 C.F.R. Part
225, applies to Project costs incurred by a Contractor that is a State, local, or Indian tribal
government.
(b1) U.S. OMB Guidance for Grants and Agreements, "Cost Principles
for Educational Institutions (OMB Circular A-21), "2 C.F.R. Part 220, applies to Project costs
incurred by a Contractor that is an institution of higher education.
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(c1) U.S. OMB Guidance for Grants and Agreements "Cost Principles
for Non-profit Organizations (OMB Circular A-122)," 2 C.F.R. Part 230, applies to Project costs
incurred by a Contractor that is a private nonprofit organization.
(d1) FAR, at 48 C.F.R., Subpart 31.2, "Contracts with Commercial
Organizations" applies to Project costs incurred by a Contractor that is afor-profit organization.
Section 6. Reporting, Record Retention, and Access.
a. Re orts. The Contractor shall advise the Department regarding the
progress of the Project at a minimum quarterly and at such time and in such a manner as
the Department may require. Such reporting and documentation may include, but not be
limited to: operating statistics, equipment usage, meetings, progress reports, and monthly
performance reports. The Contractor shall collect and submit to the Department such
financial statements, data, records, contracts, and other documents related to the Project as
may be deemed necessary by the Department. Such reports shall include narrative and
financial statements of sufficient substance to be in conformance with the reporting .
requirements of the Department. Progress reports throughout the useful life of the project
equipment shall be used, in part, to document utilization of the project equipment. Failure to
fully utilize the project equipment in the manner directed by the Department shall constitute a
breach of contract, and after written notification by the Department, may result in termination of
the Agreement or any such remedy as the Department deems appropriate.
The Contractor will be responsible for having an adequate cost accounting system,
and the ongoing burden of proof of adequacy for such system shall be upon the Contractor.
The Department will determine whether or not the Contractor has an adequate cost accounting
system. Such determination shall be documented initially prior to payment of any invoices
pursuant to the Agreement, and from time to time as deemed necessary by the Department.
In the event of a negative finding during such determining proceedings, the Department may
suspend, revoke, or place conditions upon its determination, and/or may recommend or require
remedial actions as appropriate.
b. Record Retention. The Contractor and its third party contractors shall retain
all records pertaining to this Project for a period of five (5) years from the date of final payment
to the Contractor, or until all audit exceptions have been resolved, whichever is longer, in
accordance with "Records Retention and Disposition Schedule - Public Transportation
Systems and Authorities, April 1, 2006," at (http://www.ah.dcr.state.nc.us/records/local/).
c. .Access to Records of Contractor and Subcontractors. The Contractor shall
permit and shall require its third party contractors to permit the Department or its authorized
representatives to inspect all work, materials, payrolls, and other data and records with regard
to the Project, and to audit the books, records, and accounts of the Contractor pertaining to the
Project. The Department shall reserve the right to reject any and all materials and
workmanship for defects and incompatibility with Project Description or excessive cost. The
Department shall notify the Contractor, in writing, if materials and/or workmanship are found to
be unacceptable. The Contractor shall have ninety (90) days from notification to correct
defects or to provide acceptable materials and/or workmanship. Failure by the Contractor to
provide acceptable materials and/or workmanship, or to correct noted defects, shall constitute
a breach of contract.
d. Proiect Closeout. The Contractor agrees that Project closeout does not alter
the reporting and .record retention requirements of this Section 6 of this Agreement.
Section 7. Proiect Completion, Audit, Settlement, and Closeout.
a. Proiect Completion. Within ninety (90) calendar days following Project
completion, the end of the Project's period of performance, or termination by the Department,
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the Contractor agrees to submit a final reimbursement request to the Department for eligible
Project expenses.
b. Financial Reporting and Audit Requirements. In accordance with OMB
Circular A-133, "Audits of State, Local Governments and Non-Profit Organizations," revised on
June 27, 2003, and N.C.G.S. 159-34, the Contractor shall have its accounts audited as soon
as possible after the close of each fiscal year by an independent auditor. The Contractor
agrees to submit the required number of copies of the audit reporting package to the Local
Government Commission four months after the Contractor's fiscal year-end.
c. Audit Costs. Unless prohibited by law, the costs of audits made in
accordance with the provisions of OMB Circular A-133 are allowable charges to State awards.
The charges may be considered a direct cost or an allocated indirect cost, as determined in
accordance with cost principles outlined in OMB Circular A-87 "Cost Principles for State, Local,
and Indian Tribal Governments." The cost of any audit not conducted in accordance with OMB
Circular A-133 and N.C.G.S. 159-34 is unallowable and shall not be charged to State grants.
d. Funds Owed to the Department. The Contractor agrees to remit to the
Department any excess payments made to the Contractor, any costs disallowed by the
Department, and any amounts recovered by the Contractor from third parties or from other
sources, as well as any penalties and any interest required by Subsection 4d of this
Agreement.
e. Proiect Closeout. Project closeout occurs when the Department issues the
final project payment or acknowledges that the Contractor has remitted the proper refund. The
Contractor agrees that Project closeout by the Department does not invalidate any continuing
requirements imposed by this Agreement.
Section 8. Civil Rights. The Contractor agrees to comply with all applicable civil rights
laws and implementing regulations including, but not limited to, the following:
a. Nondiscrimination in Public Transportation Programs. The Contractor
agrees to comply, and assures the compliance of each third party contractor at any tier and
each subrecipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which
prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, and
prohibits discrimination in employment or business opportunity.
b. Nondiscrimination -Title VI of the Civil Rights Act. The Contractor agrees to
comply, and assures the compliance of each third party contractor at .any tier and each
subrecipient at any tier of the Project, with all provisions prohibiting discrimination on the basis
of race, color, or national. origin of Title VI of the Civil Rights Act of 1964, as amended, 42
U.S.C. §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-
Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil
Rights Act," 49 C.F.R. Part 21.
c. Equal Employment Opportunity. The Contractor agrees to comply, and
assures the compliance of each third party contractor at any tier of the Project and each
subrecipient at any tier of the Project, with all equal employment opportunity (EEO) provisions
of 49 U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000e, and implementing Federal regulations and any subsequent amendments thereto. The
Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, sex, disability, age, or national origin. The
Contractor agrees to take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, sex,
disability, age, or national origin. Such action shall include, but not be limited to, employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
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d. Minority and Women Business Enterprise (MBE/WBE).
(1) Policy. It is the policy of the North Carolina Department of Transportation
that Minority Business Enterprises and Women Business Enterprises (MBE/WBEs) as defined
in GS 936-28.4 shall have the equal opportunity to compete fairly for and to participate in the
performance of contracts financed by State Funds.
The Firm is also encouraged to give every opportunity to allow MBE/WBE participation in
Supplemental Agreements.
(2) Obligation. The Firm, subconsultant, and subfirm shall not discriminate
on the basis of race, religion, color, creed, national origin, sex, handicapping condition or age
in the performance of this contract. The Firm shall comply with applicable requirements of GS
136-28.4 in the award and administration of federally assisted contracts. Failure by the Firm to
comply with these requirements is a material breach of this contract, which will result in the
termination of this contract or such other remedy, as the Department deems necessary.
(3) Goals. Even though specific MBE/WBE goals are not established for
this project, the Department encourages -the Firm to have participation from MBE/WBE
contractors and/or suppliers.
(4) Listing of MBE/WBE Subcontractors. The firm, at the time the Letter of
Interest is submitted, shall submit a listing of all known MBE/WBE firms that will participate in
the performance of the identified work. The participation shall be submitted on the
Department's Form RS-2. In the event the firm has no MBE/WBE participation, the firm shall
indicate this on the Form RS-2 by entering the word `None' or the number `zero' and the form
shall be signed. Form RS-2 may be accessed on the website at
https://apps.dot.state.nc.us/guickfind/forms/Default.aspx.
(5) Certified Transportation Firms Directory. Real-time information about
firms doing business with the Department and firms that are certified through North Carolina's
Unified Certification Program is available in the Directory of Transportation Firms. The
Directory can be accessed by the link on the Department's homepage or by entering
https://apps.dot.state.nc.us/vendor/directory in the address bar of your web browser. Only
firms identified as MBE/WBE certified in the Directory shall be listed in the proposal.
The listing of an individual firm in the Department's directory shall not be construed as an
endorsement of the firm's capability to perform certain work.
(6) Reporting MBE/V1/BE Enterprise Participation. When payments are
made to MBE/WBE firms, including material suppliers, firms at all levels (Firm, subconsultant
or subfirm) shall provide the Contract Administrator. with an accounting of said payments. The
accounting shall be listed on the Department's Subcontractor Payment Information Form (Form
DBE-IS). In the event the firm has no MBE/WBE participation, the firm shall indicate this on the
Form DBE-IS by entering the word `None' or the number 'zero' and the form shall be signed.
Form DBE-IS may be accessed on the website at
https://apps.dot.state.nc.us/guickfind/forms/Defau It.aspx.
A responsible fiscal officer of the payee Firm, subconsultant or subfirm who can attest to the
date and amounts of the payments shall certify that the accounting is correct. A copy of an
acceptable report may be obtained from the Department of Transportation. This information
shall be submitted as part of the requests for payments made to the Department.
g. Access for Individuals with Disabilities. The Contractor agrees to comply
with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals. and
individuals with disabilities have the same right as other individuals to use public transportation
NCDOT/PTD/FM
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services and facilities, and that special efforts shall be made in planning and designing those
services and facilities to implement transportation accessibility rights for elderly individuals and
individuals with disabilities. The Contractor also agrees to comply with all applicable provisions
of Section 504 of the Rehabilitation Act of 1973,. as amended, with 29 U.S.C. § 794, which
prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of
1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities
and services be made available to individuals with disabilities; and with the Architectural
Barriers Act of 1968,_ as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings
and public accommodations be accessible to individuals with disabilities. In addition, the
Contractor agrees to comply with applicable Federal regulations and directives and any
subsequent amendments thereto, except to the extent the Department determines otherwise in
writing, as follows:
(1) U.S. DOT regulations, "Transportation Services for Individuals with
Disabilities (ADA)," 49 C.F.R. Part 37;
(2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R.
Part 27;
(3) Joint U.S. Architectural and Transportation Barriers Compliance Board
(U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility
Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;
(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in
State and Local Government Services," 28 C.F.R. Part 35;
(5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by
Public Accommodations and in Commercial Facilities," 28 C.F.R Part 36;
(6) U.S. General Services Administration (U.S. GSA) regulations,
"Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19;
(7) U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R.
Part 1630;
(8) U.S. Federal Communications Commission regulations,
"Telecommunications Relay Services and Related Customer Premises Equipment for the
Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and
(9) U.S. ATBCB regulations, "Electronic and Information Technology
Accessibility Standards," 36 C.F.R. Part 1194;
(10) FTA regulations, "Transportation for Elderly and Handicapped
Persons," 49 C.F.R. Part 603; and
(11) Federal civil rights and nondiscrimination directives implementing the
foregoing regulations.
h. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To
the extent applicable, the Contractor agrees to comply with the confidentiality and other civil
rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21
U.S.C. §§ 1101 et seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. §§ 4541 et seq., and with
the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 201 et seq, and any
subsequent amendments to these acts.
i. Access to Services for Persons with Limited English Proficiency. To the
extent applicable and except to the extent that the Department determines otherwise in writing,
the Contractor agrees to comply with the policies of Executive Order No. 13166, "Improving
Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d-1 note,
and with the provisions of U.S. DOT Notice, "DOT Guidance to Recipients on Special
NCDOT/PTD/FM
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Language Services to Limited English Proficient (LEP) Beneficiaries," 66 Fed. Reg. 6733 et
seq., January 22, 2001.
j. Environmental Justice. The Contractor agrees to comply with the policies of
Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations," 42 U.S.C. § 4321 note, except to the extent that
the Department determines otherwise in writing.
k. Other Nondiscrimination Laws. The Contractor agrees to comply with all
applicable provisions of other Federal laws, regulations, and directives pertaining to and
prohibiting discrimination that are applicable, except to the extent the Department determines
otherwise in writing.
Section 9. Planning and Private Enterprise.
a. General. To the extent applicable, the Contractor agrees to implement the
Project in a manner consistent with the plans developed in compliance with the Federal
planning and private enterprise provisions of the following:
(1) 49 U.S.C. §§ 5303, 5304, 5306, and 5323(a)(1);
(2) Joint Federal Highway Administration (FHWA)/FTA document,
"Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment,
and Air Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, as amended by
joint FHWA/FTA guidance, "SAFETEA-LU Deadline for New Planning Requirements (July 1,
2007)," dated May 2, 2006 [clarifying Guidance on Implementation of SAFETEA-LU Planning
Provisions], and subsequent Federal directives implementing SAFETEA-LU, except to the
extent FTA determines otherwise in writing;
(3) Joint FHWA/FTA regulations, "Planning Assistance and Standards,"
23 C.F.R. Part 450 and 49 C.F.R. Part 613 to the extent that those regulations are consistent
with the SAFETEA-LU amendments to public transportation planning and private enterprise
laws, and subsequent amendments to those regulations that may be promulgated; and
(4) FTA regulations, "Major Capital Investment Projects," 49 C.F.R. Part
611, to the extent that those regulations are consistent with the SAFETEA-LU amendments to
the public transportation planning and private enterprise laws, and any subsequent
amendments to those regulations that may be subsequently promulgated.
b. Governmental and Private Nonprofit Providers of Nonemergency
Transportation. In addition to providing opportunities to participate in planning as described in
Subsection 9a of this Agreement, to the extent feasible the Contractor agrees to comply with
the provisions of 49 U.S.C. § 5323(k), which afford governmental agencies and nonprofit
organizations that receive Federal assistance for nonemergency transportation from Federal
Government sources (other than U.S. DOT) an opportunity to be included in the design,
coordination, and planning of transportation services.
Section 10. Preference for United States Products and Services. To the extent
applicable, the Contractor agrees to comply with U.S. domestic preference requirements.
Section 11. Procurement. To the extent applicable, the Contractor agrees to comply with
the following third party procurement provisions:
a. Federal and State Standards. The Contractor agrees to comply with the
third party procurement requirements of 49 U.S.C. chapter 53 and other applicable Federal
laws in effect now or as subsequently enacted; with U.S. DOT third party procurement
regulations of 49 C.F.R. §§ 18.36 and other applicable Federal regulations pertaining to third
party procurements and subsequent amendments thereto, to the extent those regulations are
consistent with SAFETEA-LU provisions; and Article 8 of Chapter 143 of the North Carolina
General Statutes. The Contractor also agrees to comply with the .provisions of FTA Circular
4220.1 E, "Third Party Contracting Requirements," to the extent those provisions are consistent
NCDOT/PTD/FM
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with SAFETEA-LU provisions and with any subsequent. amendments thereto, except to the
extent the Department determines otherwise in writing. Although the FTA "Best Practices
Procurement Manual" provides additional procurement guidance, the Contractor understands
that the FTA "Best Practices Procurement Manual" is focused on third party procurement
processes and may omit certain Federal requirements applicable to the third party contract
work to be performed. The Contractor shall establish written procurement procedures that
comply with the required Federal and State standards.
b. Full and Open Competition. In accordance with 49 U.S.C. § 5325(a), the
Contractor agrees to conduct alt procurement transactions in a manner that provides full and
open competition as determined by the Department.
c. Exclusionary or Discriminatory Specifications. Apart from inconsistent
requirements imposed by Federal laws or regulations, the Contractor agrees to comply with the
requirements of 49 U.S.C. § 5325(h) by not using any assistance awarded by the Department
to support a procurement using exclusionary or discriminatory specifications.
d. Geographic Restrictions. The Contractor agrees that it will not use any
State or local geographic preference, except State or local geographic preferences expressly
mandated or as permitted by the Department.
e. Department Pre-award Approval. The Contractor agrees to submit
procurement documents to the Department for its review and approval prior to award of a
contract/subcontract under this Agreement for any of the following:
(1) Any "brand name" product or sole source purchase equal to or greater
than $2,500;
(2) Any contract/subcontract to other than apparent lowest bidder equal to
or greater than $2,500;
(3) Any procurement equal to or greater than $90,000;
(4) Any contract modification that would change the scope of a contract or
increase the contract amount up to or over the formal (sealed) bid threshold of $90,000.
f. Project Approval/Third Party Contract Approval. Except to the extent the
Department determines otherwise in writing, the Contractor agrees that the Department's
award of State assistance for the Project does not, by itself, constitute pre-approval of any
non-competitive third party contract associated with the Project.
g. Preference for Recycled Products. To the extent applicable, the Contractor
agrees to comply with U.S. EPA regulations, "Comprehensive Procurement Guidelines for
Products Containing Recovered Materials," 40 C.F.R. Part 247, which implements Section
6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and
with subsequent Federal regulations that may be promulgated. Accordingly, the Contractor
agrees to provide a competitive preference for products and services that conserve natural
resources, protect the environment, and are energy efficient.
h. Clean Air and Clean Water. The Contractor agrees to include in each third
party contract and subagreement exceeding $100,000 adequate provisions to ensure that
each Project participant will agree to report the use of facilities placed on or likely to be placed
on the U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not
use any violating .facilities, to report violations to the Department and the Regional U.S. EPA
Office, and to comply with the inspection and other applicable requirements of:
(1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7414, and
other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through
7671 q; and
(2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368,
and other applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251
through 1377.
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i. National Intelligent Transportation Systems Architecture and Standards. To
the extent applicable, the Contractor agrees to conform to the National Intelligent
Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU §
5307(c), 23 U.S.C. § 512 note, and comply with FTA Notice, "FTA National ITS Architecture
Policy on Transit Projects" 66 Fed. Reg. 1455 et seq., January 8, 2001, and any subsequent
further implementing directives, except to the extent the Department determines otherwise in
writing.
j. Competitive Proposal/Request for Proposal (RFP). The competitive
proposal/ request for proposal (RFP) method of procurement is normally conducted with more
than one source submitting an offer, i.e., proposal. Either a fixed price or cost reimbursement
type contract is awarded. This method of procurement is generally used when conditions are
not appropriate for the use of sealed bids. The Contractor acknowledges that certain
restrictions apply under North Carolina law for use of the RFP method and these restrictions
and exceptions are discussed .below.
(1) The Contractor agrees that the RFP Method may not be used in lieu of
an invitation for bids (IFB) for:
(a) Construction/repair work; or
(b) Purchase of apparatus, supplies, materials or equipment. See
Subsection 11j(2), this Agreement, regarding information technology goods as services.
(2) The Contractor agrees that the RFP method of solicitation may be
used (in addition to or instead of any other procedure available under North Carolina law) for
the procurement of information technology goods and services [as defined in N.C.G.S. 147-
33.81(2)]. This applies to electronic data processing goods and services, telecommunications
goods and services, security goods and services, microprocessors, software, information
processing, office systems, any services related to the foregoing, and consulting or other
services for design or redesign of information technology supporting business processes. The
Contractor will comply with the following minimum requirements [N.C.G.S. 143-129.8]:
(a) Notice of the request for proposals shall be given in accordance
with N.C.G.S. 143-129(b).
(b) Contracts shall be awarded to the person or entity that submits
the best overall proposal as determined by the awarding authority. Factors to be considered in
awarding contracts shall be identified in the request for proposals.
(c) The Contractor may use procurement methods set forth in
N.C.G.S. 143-135.9 in developing and evaluating requests for proposals.
(d) The Contractor may negotiate with any proposer in order to
obtain a final contract that best meets the needs of the Contractor.
(d) Any negotiations shall not alter the contract beyond the scope of
the original request for proposals in a manner that deprives the proposers or potential
proposers of ~ fair opportunity to compete for the contract; and would have resulted in the
award of the contract to a different person or entity if the alterations had been included in the
request for proposals.
(e) Proposals submitted shall not be subject to public inspection
until
a contract is awarded.
(3) The Contractor agrees that the RFP method, in accordance with FTA
Circular 4220.1 E, under the guidelines of FTA "Best Practices Procurement Manual," should
be used for procurements of .professional services, such as consultants for planning activities
and for transit system operations/management. The Contractor acknowledges that certain
restrictions apply under North Carolina law for use of the RFP method and these restrictions
and exceptions are discussed in Subsections 11j(1) and 11 j(2) of this Agreement.
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(4) When the RFP method is used for procurement of professional
services, the Contractor agrees to abide by the following minimum requirements:
(a) Normally conducted with more than one source submitting an
offer (proposal);
(b) Either fixed price or cost reimbursement type contract will be
used;
(c) Generally used when conditions are not appropriate for use of
sealed bids;
(d) Requests for proposals will be publicized;
(d) All evaluation factors will be identified along with their relative
importance;
(e) Proposals will be solicited from an adequate number (3 is
recommended) of qualified sources;
(f) A standard method must be in place for conducting technical
evaluations of the proposals received and for selecting awardees;
(g) Awards will be made to the responsible firm whose proposal is
most advantageous to the Contractor's program with price and other factors considered; and
(h) In determining which proposal is most advantageous, the
Contractor may award to the proposer whose proposal offers the greatest business value (best
value) to the agency. "Best value" is based on determination of which proposal offers the best
tradeoff between price and performance, where quality is .considered an integral performance
factor.
k. Award to Other than the Lowest Bidder. In accordance with State statutes,
a third party contract may be awarded to other than the lowest bidder, if the award furthers an
objective (such as improved long-term operating efficiency and lower long-term costs). When
specified in bidding documents, factors such as discounts, transportation costs, and life cycle
costs will be considered in determining which bid is lowest. Prior to the award of any contract
equal to or greater than $2,500 to other than apparent lowest bidder, the Contractor shall
submit its recommendation along with basis/reason for selection to the Department for pre-
award approval.
I. Award to Responsible Contractors. The Contractor agrees to award third
party contracts only to responsible contractors who possess potential ability to successfully
perform under the terms and conditions of the proposed procurement. Consideration will be
given to such matters as contractor integrity, compliance with public policy, record of past
performance, and financial and technical resources. Contracts will not be awarded to parties
that are debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal assistance programs or activities in accordance with the Federal debarment and
suspension rule, 49 C.F.R. 29. For procurements over $25,000, the Contractor shall comply,
and assure the compliance of each third party contractor and subrecipient at any tier, with the
debarment and suspension rule. FTA and the Department recommend that grantees use a
certification form for projects over $25,000, which are funded with Federal and/or State funds.
A sample certification form can be obtained from the Department. The Contractor also agrees
to check a potential contractor's debarment/suspension status at the following Web site:
http://epls.arnet.gov/.
m. Contract Administration System. The Contractor shall maintain a contract
administration system that ensures that contractors/subcontractors perform in accordance with
the terms, conditions, and specifications of their contracts or purchase orders.
n. Access to Third Party Contract Records. The Contractor agrees, and agrees
to require its third party contractors and third party subcontractors, at as many tiers of the
Project as required, to provide to the State awarding agencies or their duly authorized
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representatives, access to all third party contract records to the extent required by 49 U.S.C. §
5325(8), and retain such documents for at least five (5) years after project completion.
o. Rolling Stock. In acquiring rolling stock, the Contractor agrees as follows:
(1) Method of Acquisition. The Department's Public Transportation
Division, through the North Carolina Department of Administration, Purchase and Contract
Division, awards vehicle contracts for its grant recipients to purchase public transit vehicles.
These vehicle contracts comply with FTA and State requirements. The Contractor will utilize
these vehicle contracts to purchase public transit vehicles included in the Approved Budget for
this Project. For public transit vehicles not included in these contracts, the Contractor shall
conduct a competitive procurement process in accordance with this Agreement.
(2) Multi-year Options. In accordance with 49 U.S.C. § 5325(e)(1), the
Contractor may not enter into amulti-year contract with options, exceeding five (5) years after
the date of the original contract, to purchase additional rolling stock and replacement parts.
(3) Pre-Award and Post-Delivery Requirements. The Contractor agrees
to comply with the requirements of 49 U.S.C. § 5323(m) and FTA regulations, "Pre-Award and
Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663 and, when promulgated,
any amendments to those regulations. The Contractor understands and agrees that to the
extent the provisions of 49 U.S.C. § 5323(m), as amended by SAFETEA-LU conflict with FTA's
implementing regulations, as currently promulgated, the provisions of 49 U.S.C. § 5323(m), as
amended, prevail
Section 12. Leases.
a. Capital Leases. To the extent applicable, the Contractor agrees to comply
with FTA regulations, "Capital Leases," 49 C.F.R. Part 639, and any revision thereto.
b. Leases Involving Certificates of Participation. The Contractor agrees to
obtain the Department's concurrence before entering into any leasing arrangement involving
the issuance of certificates of participation in connection with the acquisition of any capital
asset.
Section 13. Hold Harmless. Except as prohibited or otherwise limited by State law or
except to the extent that the Department determines otherwise in writing, upon request by the
State Government, the Contractor agrees to indemnify, save, and hold harmless the State
Government and its officers, agents, and employees acting within the scope of their official
duties against any liability, including costs and expenses, resulting from any willful or
intentional violation by the Contractor of proprietary rights,. copyrights, or right of privacy,
arising out of the publication, translation, reproduction, delivery, use, or disposition of any data
furnished under the Project. The Contractor shall not be required to indemnify the State
Government for any such liability caused by the wrongful acts of State employees or agents.
Section 14. Use of Real Property, Equipment, and Supplies. The Contractor understands
and agrees that the State Government retains a State interest in any real property, equipment,
and supplies financed with State assistance (Project property) until, and to the extent, that the
State Government relinquishes its State interest in that Project property. With respect to any
Project property financed with State assistance under this Agreement, the Contractor agrees to
comply with the following provisions of this Agreement, except to the extent the Department
determines otherwise in writing:
a. Use of Project Property. The Contractor agrees to maintain continuing
control of the use of Project property to the extent satisfactory to FTA. The Contractor agrees
to use Project property for appropriate Project purposes (which may include joint development
purposes that generate program income, both during and after the award period and used to
support public transportation. activities) for the duration of the useful life of that property, as
required by the Department. Should the Contractor unreasonably delay or fail to use Project
property during the useful life of that property, the Contractor agrees that it may be required to
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return the entire amount of the State assistance expended on that property. The Contractor
further agrees to notify the Department immediately when any Project property is withdrawn
from Project use or when any Project property is used in a manner substantially different from
the representations the Contractor has made in its Application or in the Project Description for
this Agreement for the Project.
b. General. The Contractor agrees to comply with the property management
standards of 49 C.F.R. §§ 18.31 through 18.33, including any amendments thereto, and with
other applicable Federal and State regulations and directives. Any exception to the
requirements of 49 C.F.R. §§ 18.31 through 18.33 requires the express approval of the
Department in writing. The Contractor also consents to the Department's reimbursement
requirements for premature dispositions of certain Project equipment, as set forth in
Subsection 14h of this Agreement.
c. Maintenance and Inspection. The Contractor shall maintain all project
equipment at a high level of cleanliness, safety, and mechanical soundness in accordance with
the minimum maintenance requirements recommended by the manufacturer. The Contractor
shall register all vehicle maintenance activities in a Comprehensive Maintenance Record or an
electronic version of same. The Department shall conduct frequent inspections to confirm
proper maintenance pursuant to this Subsection 14c of this Agreement and the State
Management Plan. The Contractor shall collect and submit to the Department at such time
and in such manner as it may require information for the purpose of the Department's Public
Transportation Management System (PTMS).
d. Records. The Contractor agrees to keep satisfactory records pertaining to
the use of Project property, and submit to the Department upon request such information as
may be required to assure compliance with this Section 14 of this Agreement.
e. Title to Vehicles. The Certificate of Title to all vehicles purchased under the
Approved Budget for this Project shall be in the name of the Contractor. The Department's
Public Transportation Division shall be recorded on the Certificate of Title as first lien-holder.
In the event of project termination or breach of contract provisions, the Contractor shall, upon
written notification by the Department, surrender Project equipment and/or transfer the
Certificate(s) of Title for Project equipment to the Department or the Department's designee.
f. Encumbrance of Project Property. The Contractor agrees to maintain
satisfactory continuing control of Project property as follows:
(1) Written Transactions. The Contractor agrees that it will not execute
any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract,
subagreement, grant anticipation note, alienation, innovative finance arrangement (such as a
cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project
property, that in any way would affect the continuing State interest in that Project property.
(2) Oral Transactions. The Contractor agrees that it will not obligate itself
in any manner to any third party with respect to Project property.
(3) Other Actions. The Contractor agrees that it will not take any action
adversely affecting the State interest in or.impair the Contractor's continuing control of the use
of Project property.
g. Transfer of Project Property. The Contractor understands and agrees as
follows:
(1) Contractor Reauest. In addition to the authority to transfer project
assets provided by 49 U.S.C. 5334(g), the Contractor may also transfer facilities and
equipment acquired with financial assistance authorized for 49 U.S.C. 5311 to any recipient
eligible to receive assistance under 49 U.S.C. Chapter 53, provided that the Contractor
consents to the transfer and the facilities or equipment will continue to be used in accordance
with the requirements of 49 U.S.C. 5311 and the project application.
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(2) State Government Direction. The Contractor agrees that ttie
Department may direct the disposition of, and even require the Contractor to transfer title to
any Project property financed with State assistance under this Agreement.
(3) Leasing Project Property to Another Party.
(a) General. Prior to entering into any third party contract for leasing
Project property to another party, the Contractor agrees to obtain approval from the
Department. If the Contractor leases any Project property to another party, the Contractor
agrees to retain ownership of the leased Project property, and assure that the lessee will use
the Project property appropriately, through a written lease between the Contractor and lessee.
The Contractor agrees to use the standard lease agreement form provided by the Department
and to provide a copy of the signed, executed lease agreement to the Department. In
accordance with Subsection 2g of this Agreement, regardless of assignment of work to be
completed under this Project or lease of Project assets to a third party, it is the Contractor's
primary responsibility to comply with State requirements of this Agreement and assure the
compliance of any third party contractors.
(b) Lease of Vehicles. The lease of vehicles acquired with financial
assistance authorized for 49 U.S.C. 5311 to any third party is contingent upon approval of the
Department. It is allowable to lease vehicles to another Community Transportation System
providing general public service in the State of North Carolina, upon approval of the
Department. It is also allowable for vehicles to be leased to a third party operator or
transportation management company that operates the transit service within acounty/region
under contract to the Contractor, upon approval of the Department. The Contractor agrees to
use the vehicle lease agreement provided by the Department when vehicles are leased, even
if on a short-term basis, to another Community Transportation System or a management
company. The Contractor agrees to obtain written approval from the Department before the
lease is executed and forward a copy of the signed, executed lease agreement to the
Department. The Contractor, as a Community Transportation System, shall not lease vehicles
to human service agencies, county agencies/government, community agencies or school
systems. The Contractor agrees not to loan vehicle(s) to other agencies/individuals for short-
term use, even during hours that the transportation system is not providing service, as the
vehicle(s) will generally be used to provide service that is "closed-door," i.e., not open to the
general public.
h. Disposition of Proiect Property. With prior Department approval, the
Contractor may sell, transfer, or lease Project property and use the proceeds to reduce the
gross project cost of other eligible capital public transportation projects to the extent permitted
by 49 U.S.C. § 5334(h)(4). The Contractor also agrees that the Department shall determine
"useful life" for all Project property and that the Contractor will use Project property
continuously and appropriately throughout the useful life of that property. Upon the end of the
period of useful life, the Contractor may dispose of Project property after notifying and
receiving disposition instructions from the Department.
(1) Project Property Whose Useful Life Has Expired. When the useful
life of Project property has expired, the Contractor agrees to comply with the Department's
disposition requirements.
(2) Project Property Prematurely Withdrawn from Use. For Project
property withdrawn from appropriate use before its useful life has expired, the Contractor
agrees as follows:
(a) Notification Requirement. The Contractor agrees to notify the
Department immediately when any Project property is prematurely withdrawn from appropriate
use, whether by planned withdrawal, misuse, or casualty loss.
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(b) Calculating the Fair Market Value of Prematurely Withdrawn
Project Property. The Contractor agrees that the State Government retains a State interest in
the fair market value of Project property prematurely withdrawn from appropriate use. The
amount of the State interest in the Project property shall be determined by the ratio of the
State assistance awarded for the property to the. actual cost of the property. The Contractor
agrees that the fair market value of Project property prematurely withdrawn from use will be
calculated as follows:
1. Equipment and Supplies. The Contractor agrees that the
fair market value of Project equipment and supplies shall be calculated by straight-line
depreciation of that property, based on the useful life of the equipment or supplies as
established by the Department. The fair market value of Project equipment and supplies shall
be the value immediately before the occurrence prompting the withdrawal of the equipment or
supplies from appropriate use. In the case of Project equipment or supplies lost or damaged
by fire, casualty, or natural disaster, the fair market value shall be calculated on the basis of
the condition of that equipment or supplies immediately before the fire, casualty, or natural
disaster, or the amount of insurance coverage, whichever is greater.
2. Real Property. The Contractor agrees that the fair market
value of real property shall be determined either on the basis of competent appraisal based on
an appropriate date approved by the Department, as provided by 49 C.F.R. Part 24, by straight
line depreciation of improvements to real property coupled with the value of the land on the
basis of appraisal, or other Federal or State law or regulation that may be applicable.
3. Exceptional Circumstances. The Contractor agrees that
the Department may require the use of another method to determine the fair market value of
Project property. In unusual circumstances, the Contractor may request that another
reasonable valuation method be used including, but not limited to, accelerated depreciation,
comparable sales, or established market values. In determining whether to approve such a
request, the Department may consider any action taken, omission made, or unfortunate
occurrence suffered by the Contractor with respect to the preservation of Project property
withdrawn from appropriate use.
(c) Financial Obligations to the State Government. The Contractor
agrees to remit to the Department the State interest in the fair market value of any Project
property prematurely withdrawn from appropriate use. !n the case of fire, casualty, or natural
disaster, the Contractor may fulfill its obligations to remit the State interest by either:
1. Investing an amount equal to the remaining State interest
in like-kind property that is eligible for assistance within the scope of the Project that provided
State assistance for the Project property prematurely withdrawn from use; or
2. Returning to the Department an amount equal to the
remaining State interest in the withdrawn Project property.
i. Insurance Proceeds. If the Contractor receives insurance proceeds as a
result of damage or destruction to the Project property, the Contractor agrees to:
(1) Apply those insurance proceeds to the cost of replacing the damaged
or destroyed Project property taken out of service, or
(2) Return to the Department an amount equal to the remaining State
interest in the damaged or destroyed Project property.
j. Transportation -Hazardous Materials. The Contractor agrees to comply with
applicable requirements of U.S. Pipeline and Hazardous Materials Safety Administration
regulations, "Shippers -General Requirements for Shipments and Packagings," 49 C.F.R. Part
173, in connection with the transportation of any hazardous materials.
k. Misused or Damaged Project Property. If any damage to Project property
results from abuse or misuse occurring with the Contractor 's knowledge and consent, the
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Contractor agrees to restore the Project property to its original condition or refund the value of
the State interest in that property, as the Department may require.
I. Responsibilities after Project Closeout. The Contractor agrees that Project
closeout by the Department will not change the Contractor's Project property management
responsibilities as stated in Section 14 of this Agreement, and as may be set forth in
subsequent Federal and State laws, regulations, and directives, except to the extent the
Department determines otherwise in writing.
Section 15. Insurance. The Contractor shall be responsible for protecting the State
financial interests in all items purchased under this Agreement throughout the useful life of the
Project property.
Section 16. Emplovee Protections.
a. Activities Not Involving Construction. The Contractor agrees to comply, and
assures the compliance of each third party contractor and each subrecipient at any tier of the
Project, with the employee protection requirements for nonconstruction employees of the
Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in
particular the wage and hour requirements of Section 102 of that Act at 40 U.S.C. § 3702,. and
with U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing
Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to
Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29
C.F.R. Part 5.
b. Activities Involving Commerce. The Contractor agrees that the provisions of
the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., apply to employees performing Project
work involving commerce.
c. Public Transportation Emplovee Protective Arrangements for Projects in
Nonurbanized Areas Authorized by 49 U.S.C. ~ 5311. The Contractor agrees to comply with
the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed
to by the U.S. Secretaries of Transportation and Labor, dated .May 31, 1979, U.S. DOL
implementing procedures, and any revisions thereto.
.Section 17. Environmental Protections.
a. General. The Contractor recognizes that many Federal and State laws
imposing environmental and resource conservation requirements may apply to the Project.
Some, but not all, of the major Federal and State laws that may affect the Project include: the
North Carolina Environmental Policy Act of 1971 (N.C.G.S. 113A); the National Environmental
Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 through 4335; the Clean Air Act, as
amended, 42 U.S.C. §§ 7401 through7671q and scattered sections of Title 29, United States
Code; the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377; the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 through 6992k; the
Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42
U.S.C. §§ 9601 through 9675, as well as environmental provisions within Title 23, United
States Code, and 49 U.S.C. chapter 53. The Contractor also recognizes that U.S. EPA,
FHWA and other Federal agencies have issued, and in the future are expected to issue,
Federal regulations and directives that may affect the Project. Thus, the Contractor agrees to
comply, and assures the compliance of each subrecipient and each third party contractor, with
any applicable Federal and State laws, regulations and directives in effect now or become
effective in the future, except to the extent the Department determines otherwise in writing.
b. Mitigation of Adverse Environmental Effects.. Should the proposed Project
cause or result in adverse environmental effects, the Contractor agrees to take all reasonable
measures to minimize the impact of those adverse effects, as required. by 49 U.S.C. § 5324(b),
and other applicable Federal laws and regulations, including 23 C.F.R. Part 771 and 49 C.F.R.
Part 622. The Contractor agrees to comply with all environmental mitigation measures that
NCDOT/PTD/FM
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may be identified as commitments in applicable environmental documents, (i.e., environmental
assessments, environmental impact statements; memoranda of agreement, and other
documents as required by 49- U.S.C. § 303) and agrees to comply with any conditions the
Federal Government might impose in a finding of no significant impact or record of decision.
The Contractor agrees that those environmental mitigation measures are incorporated by
reference and made part of this Agreement for the Project. The Contractor also agrees that
any deferred mitigation measures will be incorporated by reference and made part of this
Agreement for the Project as soon as agreement with the Federal Government is reached.
The Contractor agrees that those mitigation measures agreed upon may not be modified or
withdrawn without the express written approval of the Department.
Section 18. Energy Conservation. To the extent applicable, the Contractor agrees to
comply with the North Carolina Energy Policy Act of 1975 (N.C.G.S. 113B) .issued in
accordance with the Energy Policy and Conservation Act, as amended, 42 U.S.C. §§ 6321 et
seq., except to the extent that the Department determines otherwise in writing.
Section 19. Charter Service Operations.
FTA defines charter service as transportation using vehicles (buses or vans), equipment,
or facilities funded under the Federal Mass Transit Act for a group of persons who pursuant to
a common purpose, under a single contract, at a fixed charged for the vehicle or service, have
acquired the exclusive use of the vehicle or service to travel together under an itinerary either
specified in advance or modified after having left the place of origin.
The Contractor acknowledges that Federal and State requirements prohibit the use of
vehicles, facilities, equipment, and supplies funded by Federal or State grant programs for the
provision of charter services unless it is determined that there are no willing and able charter
operators in the service area. Federal law does not provide exceptions to these regulations for
vehicles that are loaned or leased to other agencies or entities.
The Contractor agrees that neither it nor any public transportation operator performing
work in connection with a Project financed under 49 U.S.C. chapter 53 will engage in charter
service operations, except as authorized by 49 U.S.C. § 5323(d) and FTA regulations, "Charter
Service, 49 C.F.R. Part 604, and any subsequent Charter Service regulations or FTA
directives that may be issued, except to the extent that the Department determines otherwise
in writing. Any charter service agreement required by FTA regulations is incorporated by
reference and made part of this Agreement for the Project. The Contractor understands and
agrees that in addition to any remedy specified in the charter service agreement, if a pattern of
violations of that agreement is found, the violator will be barred from receiving Federal or State
transit assistance in an amount to be determined by the Department.
Section 20. School Transportation Operations. The Contractor agrees that neither it nor
any public transportation operator performing work in connection with a Project financed with
Federal or State funds will engage in school transportation operations for the transportation of
students or school personnel exclusively in competition with private school transportation
operators, except as authorized by 49 U.S.C. §§ 5323(f) or (g), as applicable, and FTA
regulations, "School Bus Operations," 49 C.F.R. Part 605, and any subsequent School
Transportation Operations regulations or FTA directives that may be issued. Any school
transportation operations agreement required by FTA regulations is incorporated by reference
and made part of this Agreement for the Project. The Contractor understands and agrees that
if it or an operator violates that school transportation operations agreement the violator will be
barred from receiving Federal or State transit assistance in an amount to be determined by the
Department.
Section 21. Substance Abuse. To the extent applicable, the Contractor agrees to comply
with the following Federal substance abuse regulations:
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a. Druq-Free Workplace. U.S. DOT regulations, "Governmentwide
Requirements for Drug-Free Workplace (Financial Assistance), 49 C.F.R. Part 32, that
implement the Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 701 et seq.
b. Alcohol Misuse and Prohibited Druq Use. FTA regulations, "Prevention of
Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that
implement 49 U.S.C. § 5331.
Section 22. Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing
Seat Belt Use in the United States," April 16, .1997, 23 U. S. C. § 402 note, the Contractor is
encouraged to adopt and promote on-the job seat belt use policies and programs for its
employees and other personnel. that operate company-owned, rented, or personally operated
vehicles, and to include this provision in any third party contracts, third party subcontracts, or
subagreements involving the Project.
Section 23. Protection of Sensitive Security Information. To the extent applicable, the
Contractor agrees to comply with 49 U.S.C. § 40119(b) and implementing U.S. DOT
regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 49
U.S.C. § 114(s) and implementing U.S. Department of Homeland Security, Transportation
Security Administration regulations, "Protection of Sensitive Security Information," 49 C.F.R.
Part 1520.
Section 24. Geoaraphic Information and Related Spatial Data. In accordance with U.S.
OMB Circular A-16, "Coordination of Geographic Information and Related Spatial Data
Activities," August 19,2002, the Contractor agrees to implement its Project so that any activities
involving spatial data and geographic information systems activities financed directly or
indirectly, in whole or in part, by Federal assistance, consistent with the National Spatial Data
infrastructure promulgated by the Federal Geographic Data Committee, except to the extent
that FTA determines otherwise in writing.
Section 25. Motor Carrier Safety. To the extent applicable, the Contractor agrees to
comply with, and assures the compliance of its subrecipients, lessees, and third party
contractors with, applicable provisions of the following regulations promulgated by the U.S.
Federal Motor Carrier Safety Administration (U.S. FMCSA):
a. Financial Responsibility. The Contractor agrees as follows:
(1) To the extent that the Contractor is engaged in interstate commerce
and not within a defined commercial zone, the Contractor agrees to comply with U.S. FMCSA
regulations, "Minimum Levels of Financial Responsibility for Motor Carriers," 49 U.S.C. Part
387, dealing with economic registration and insurance requirements. For recipients of Federal
assistance under 49 U.S.C. §§ 5307, 5310, or 5311, 49 C.F.R. Part 387 is modified by 49
U.S.C. § 31138(e)(4) which reduces the amount of insurance required of such recipients to the
highest amount of any state in which the transit provider operates.
(2) To the extent that the Contractor is engaged in interstate commerce
and not within a defined commercial zone and is not a unit of government (defined as Federal
Government, a state, any political subdivision of a state or any agency established under a
compact between states), the Contractor agrees to comply with U.S. FMCSA regulations,
Subpart B, "Federal Motor Carrier Safety Regulations," at 49 CFR Parts 390 through 396.
b. Driver Qualifications. The Contractor agrees to comply with U.S. FMCSA's
regulations, "Commercial Driver's License Standards, Requirements, and Penalties," 49 C.F.R.
Part 383.
c. Substance Abuse Rules for Motor Carriers. The Contractor agrees to
comply with U.S. FMCSA's regulations, "Drug and Alcohol Use and Testing Requirements," 49
C.F.R. Part 382, which apply to transit providers that operate a commercial motor vehicle that
has a gross weight rating over 26,000 pounds or is designed to transport sixteen (16) or more
passengers, including the driver.
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Section 26. Disputes, Breaches, Defaults, or Other Litigation. The Contractor agrees that
the Department has a vested interest in the settlement of any dispute, breach, default, or
litigation involving the Project. Accordingly:
a. Notification to the Department. The Contractor agrees to notify the
Department in writing of any current or prospective major dispute, breach, default, or litigation
that may affect the State Government's interests in the Project or the State Government's
administration or enforcement of Federal/State laws or regulations. If the Contractor seeks to
name the State Government as a party to litigation for any reason, in any forum, the Contractor
agrees to inform the Department in writing before doing so.
b. State Interest in Recovery. The State Government retains the right to a
proportionate share, based on the percentage of the State share awarded for the Project, of
proceeds derived from any third party recovery, except that the Contractor may return any
liquidated damages recovered to its Project Account in lieu of returning the State share to the
Department.
c. Enforcement. The Contractor agrees, to pursue all legal rights provided
within any third party contract.
d. Department Concurrence.- The Department reserves the right to concur in
any compromise or settlement of any claim involving the Project and the Contractor.
e. Alternative Dispute Resolution. The Department encourages the Contractor
to use alternative dispute resolution procedures, as may be appropriate.
Section 27. Amendments/Revisions to the Project. The Contractor agrees that a
change in Project circumstances causing an inconsistency with the terms of this Agreement for
the Project will require an amendment or revision to this Agreement for the Project signed by
the original signatories or their authorized designees or successors. The Contractor agrees
that a change in the fundamental information submitted in its Application will also require an
Amendment to its Application or this Agreement for the Project. The Contractor agrees that
the project will not incur any costs associated with the amendment or revision before
receiving notification of approval from the division. The Contractor agrees that any
requests for amendments and or revisions will be submitted in accordance with the
policies and procedures established by FTA and the Department.
Section 28. Information Obtained Through Internet Links. This Agreement may include
electronic links/VVeb site addresses to Federal/State laws, regulations, and directives as well
as other information. The Department does not guarantee the accuracy of information
accessed through such links. Accordingly, the Contractor agrees that information obtained
through any electronic link within this Agreement does not represent an official version of a
Federal/State law, regulation, or directive, and might be inaccurate. Thus, information
obtained through such links is neither incorporated by reference nor made .part of this
Agreement. The Federal Register and the Code of Federal Regulations are the official
sources for regulatory information pertaining to the Federal Government.
Section 29. Severability. If any provision of the FTA Master Agreement or this
Agreement for the Project is determined invalid, the remainder of that Agreement shall not be
affected if that remainder would continue to conform to the requirements of applicable
Federal/State laws or regulations.
Section 30. Termination of Aareement.
a. The Department of Transportation. In the event of the Contractor's
noncompliance with any of the provisions of this Agreement, the Department may suspend or
terminate the Agreement by giving the Contractor thirty (30) days advance notice. Any failure
to make reasonable progress on the Project or violation of this Agreement for the Project that
endangers substantial performance of the Project shall provide sufficient grounds for the
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Department to terminate the Agreement for the Project. In general, termination of Federal and
State assistance for the Project will not invalidate obligations properly incurred by the
Contractor before the termination date to the extent those obligations cannot be canceled. If,
however, the Department determines that the Contractor has willfully misused Federal/State
assistance by failing to make adequate progress, failing to make reasonable and appropriate
use of Project property, or failing to comply with the terms of this Agreement for the Project,
the Department reserves the right to require the Contractor to refund the entire amount of
Federal and State assistance provided for the Project or any lesser amount as the Department
may determine. Expiration of any Project time period established for the Project does not, by
itself, constitute an expiration or termination of the Agreement for the Project. The
Department,. before issuing notice of Agreement termination, shall allow the Contractor a
reasonable opportunity to correct for noncompliance. Upon noncompliance with the
nondiscrimination section (Section 8) of this Agreement or with any of the said rules,
regulations or orders, this Agreement may be cancelled, terminated, or suspended in whole or
in part and the Contractor may be declared ineligible for contracts in accordance with
procedures authorized in Executive Orders No. 11246 and No. 11375, and such other
sanctions may be imposed and remedies invoked as provided in the said Executive Order or
by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law: In
addition to the Department's rights of termination described above, the Department may
terminate its participation in the Project by notifying and receiving the concurrence of the
Contractor within sixty (60) days in advance of such termination.
b. The Contractor. The Contractor may terminate its participation in the Project
by notifying and receiving the concurrence of the Department sixty (60) days in advance of the
termination.
Section 31. Contract Administrators. All notices permitted or required to be given by one
Party to the other and all questions about this Agreement from one Party to the other shall be
addressed and delivered to the other Party's Contract Administrator. The name, postal
address, street address, telephone number, fax number, and email address of the Parties'
respective initial Contract Administrators are set out below. Either Party may change the
name, postal address, street address, telephone number, fax number, or email address of its
Contract Administrator by giving timely written notice to the other Party.
For the De artment:
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Name: MR CHARLIE WRIGHT Name: MR CHARLIE WRIGHT
Title: FINANCIAL MANAGER Title: FINANCIAL MANAGER
Agency: NCDOT/PTD Agency: NCDOT/PTD
MSC: 1550 MSC Street TRANSPORTATION BLDG
Address: 1 S WILMINGTON ST RM 542A
City/Zip: RALEIGH NC 27699-1550 City: RALEIGH NC
Phone: 919-733-4713, EXTENSION 255
Fax: 919-733-2304
Email: CCWRIGHT DOT.STATE.NC.US
For the Contractor:
NCDOT/PTD/FM
Revised 8/4/2008 Page 26 of 28
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Name: Name:
Title: Title:
Agency: Agency:
Postal Street
Address: Address:
City/Zip: City:
Phone:
Fax:
Email:
Section 32. Federal Certification Regarding Lobbying. The Contractor certifies, by
signing this Agreement, its compliance with Subsection 3d of this Agreement.
Section 33. Federal Certification Regarding Debarment. The Contractor certifies, by
signing this Agreement, its compliance with Subsection 3b of this Agreement.
Section 34. Federal Certification Reaardinq Alcohol Misuse and Prohibited Drug Use. As
required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit
Operations," at 49 CFR part 655, subpart I, the Contractor certifies, by signing this Agreement,
that it has established and implemented an alcohol misuse and anti-drug program, and has
complied with or will comply with all applicable requirements of FTA regulations, "Prevention of
Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR part 655, and Section
21 of this Agreement.
NCDOT/PTD/FM
Revised 8/4/2008 Page 27 of 28
IN WITNESS WHEREOF, this Agreement has been executed by the Department, an
agency of the State of North Carolina, and the Contractor by and through a duly authorized
representative, and is effective the date and year first above written.
ORANGE COUNTY
CONTRACTOR'S FEDERAL TAX ID NUMBER:
ATTEST:
TITLE:
DEPARTMENT OF TRANSPORTATION
BY:
TITLE: DEPUTY SECRETARY FOR TRANSIT
ATTEST:
TITLE:. SECRETARY
NCDOT/PTD/FM
Revised 8/4/2008 Page 28 of 28
CONTRACTOR'S FISCAL YEAR END:
DRAFT
APPENDIX A
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
PROJECT NUMBER: 09-US-056
APPROVED BUDGET SUMMARY
EFFECTIVE DATE 7/1/2008
PROJECT SPONSOR: ORANGE COUNTY
PROJECT DESCRIPTION: FY2009 HUMAN SERVICE TRANSPORTATION MANAGEMENT PROGRAM
(FOR COMMUNITY TRANSPORTATION SYSTEMS OPERATI NG IN URBAN C OUNTIES)
i. TOTAL PROJECT EXPENDITURES
DEPARTMENT - 4521 ADMINISTRATION - 36221.19.7.1 $183,620
PERIOD OF PERFORMANCE JULY 01, 2008 -JUNE 30, 2009
I. TOTAL PROJECT EXPENDITURES
DEPARTMENT - 4523 CAPITAL I - 36226.77.6.3 $165,900
PERIOD OF PERFORMANCE JULY 01, 2008 -JUNE 30, 2009
II. TOTAL PROJECT FUNDING
TOTAL FEDERAL STATE LOCAL
ADMINISTRATION - 36221.19.7.1 100% 0% 85% 15%
PURCHASE ORDER- $183,620 $0 $156,077 $27,543
CAPITAL - 36226.77.6.3 100% 0% 90% 10%
PURCHASE ORDER $1.65,900 $0 $149,310 $16,590
TOTAL $349,520 $0 $305,387 $44,133
DRAFT
DRAFT
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
APPROVED PROJECT BUDGET
PROJECT: 09-US-056
SPONSOR : ORANGE COUNTY
WBS : 36221.19.7.1
--------------------------------------------------------------------------------------------
DEPARTMENT 4521 -ADMINISTRATION
--------------------------------------------- -------------
---------- ---------------
_
--------------- -------------------------------- A PPROVED
OBJECT TITLE BUDGET
G121 SALARIES AND WAGES -FULL TIME $ 109,817
G122 SALARIES AND WAGES -OVERTIME $ -
G125 SALARIES AND WAGES-PART-TIME (BENEFITS) $ -
G126 SAL. AND WAGE-TEMP/PT-TIME (NO BENEFITS) $ -
G127 SALARIES AND WAGES -LONGEVITY $ 1,571
G181 SOCIAL SECURITY CONTRIBUTION $ 8,521
G182 RETIREMENT CONTRIBUTION $ 5,447
G183 HOSPITALIZATION INSURANCE CONTRIBUTION $ 12,549
G184 DISABILITY INSURANCE CONTRIBUTION $ -
G185 UNEMPLOYMENT COMPENSATION $ -
G186 WORKER'S COMPENSATION $ -
G189 OTHER (PHYSICALS, BONUS, INS, ETC.) $ ~ 2,680
G191 ACCOUNTING $ -
G192 LEGAL $ 250
G195 MANAGEMENT CONSULTANT $ -
G196 DRUG & ALCOHOL TESTING CONTRACT $ -
G197 DRUG & ALCOHOL TESTS $ 500
G198 MEDICAL REVIEW OFFICER $ -
G199 OTHER -PROFESSIONAL SERVICES $ -
G211 JANITORIAL SUPPLIES - (HOUSEKEEPING) $ 250
G212 UNIFORMS $ -
G261 OFFICE SUPPLIES AND MATERIALS $ 2,200
G281 AIR CONDITIONER /FURNACE FILTERS $ -
G291 COMPUTER SUPPLIES $ -
G311 TRAVEL $ 650
G312 TRAVEL SUBSISTENCE $ 2,700
G314 VEHICLE RENTAL $ -
G321 TELEPHONE SERVICE $ 4,000
G322 INTERNET SERVICE PROVIDER FEE $ -
G323 COMBINED SERVICE FEE $ -
G325 POSTAGE $ 250
G329 OTHER COMMUNICATIONS $ -
G331 ELECTRICITY $ 4,000
G332 FUEL OIL $ -
G333 NATURAL GAS $ -
G334 WATER $ -
G335 SEWER $ -
Orange County Approved Admin Budget
08-US-056 DRAFT Page 1 of 2
DRAFT
APPROVED
OBJECT TITLE BUDGET
G336 .TRASH COLLECTION $ -
G337 SINGLE/COMBINED UTILITY BILL $ -
G339 OTHER UTILITIES $ -
G341 PRINTING AND REPRODUCTION $ 1,925
G349 -OTHER PRINTING AND BINDING $ -
G355 REPAIR & MAINT-OFFICE/COMPUTER EQUIP $ 340
G357 REPAIRS & MAINTENANCE - COMM EQUIP $ 500
G359 OTHER REPAIRS & MAINTENANCE $ -
G371 MARKETING -PAID ADVERTISEMENTS $ 6,000
G372 PROMOTIONAL ITEMS $ 1,500
G373 OTHER ADVERTISING/PROMOTION MEDIA $ -
G381 COMPUTER PROGRAMMING SERVICES $ -
G382 COMPUTER SUPPORT/TECH ASSISTANCE SVS $ 5,088
G391 LEGAL ADVERTISING $ 200
G393 TEMPORARY HELP $ -
G394 CLEANING SERVICES $ -
G395 TRAINING -EMPLOYEE EDUCATION EXPENSE $ 1,000
G396 MANAGEMENT SERVICES $ -
G398 SECURITY SERVICES $ -
G399 OTHER SERVICES $ -
G411 RENT OF LAND $ -
G412 RENT OF BUILDING $ 7,314
G413 RENT OF OFFICES $ -
G419 OTHER RENTAL $ -
G421 LEASE OF COMPUTER HARDWARE $ -
G422 LEASE OF COMPUTER SOFTWARE $ -
G431 LEASE OF REPRODUCTION EQUIPMENT $ 3,318
G432 LEASE OF POSTAL METER $ -
G433 LEASE OF COMMUNICATION EQUIPMENT $ -
G439 LEASE OF OTHER EQUIPMENT $ -
G441 MAINTENANCE CONTRACTS - COMM EQUIP $ -
G442 MAINTENANCE CONTRACTS -OFFICE EQUIP $ -
G443 MAINTENANCE CONTRACTS -REPRO EQUIP $ -
G445 MAINTENANCE CONTRACT-COMPUTER EQUIP $ -
G449 OTHER SERVICE & MAINTENANCE CONTRACT $ 300
G451 INSURANCE -PROPERTY & GENERAL LIABILITY $ -
G452 INSURANCE -VEHICLES $ -
G453 INSURANCE -FIDELITY $ -
G454 INSURANCE -PROFESSIONAL LIABILITIES $ -
G455 INSURANCE -SPECIAL LIABILITIES $ -
G481 CENTRAL SERVICES -INDIRECT COSTS $ -
G491 DUES AND SUBSCRIPTIONS $ 750
TOTAL ADMINISTRATION $ 183,620
Orange County Approved Admin Budget
08-US-056 DRAFT Page 2 of 2
DRAFT
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
APPROVED PROJECT BUDGET
SALARY AND WAGE DETAIL
PROJECT: 09-US-056
SPONSOR: ORANGE COUNTY
FTE BUDGET
SQ NO POSITION NO % RATE AMOUNT
DEPT. 4521 OBJECT CODE 121
01 DIRECTOR OF TRANS. & AGING 01 20% $ - $ 19,672
02 FINANCIAL SPECIALISTS 01 15% $ - $ 8,732
03 TRANSPORTATION MANAGER 01 100% $ - $ 47,155
04 ASST. TRANSPORTATION MGR. 01 75% $ - $ 26,809
05 ADMINISTRATIVE ASSISTANT 1 25% $ - $ 7,449
$ -
TOTAL -OBJECT CODE 121 $ 109,817
DEPT. 4521 OBJECT CODE 125
01 OPT/AGING DIRECTOR 01 25% $ - $ -
02 BUDGET OFFICER 01 25% $ - $ -
$ -
$ -
$ -
TOTAL -OBJECT CODE 125 $ -
DEPT. 4521 OBJECT CODE 126
$ -
$ -
$ -
$ -
TOTAL -OBJECT CODE 126 $ -
TOTAL DEPT. 4521 SALARIES AND WAGES $ 109,817
Orange County Approved Salary and Wage Detail
08-US-056 DRAFT 1 of 1
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
PROJECT BUDGET REVISION
PROJECT: 09-US-056
SPONSOR : ORANGE COUNTY
WBS : 36221.19.7.1
---------------------------------------------------------------------------------------
DEPARTMENT 4521 -ADMINISTRATION ------- ------------------------------- -------- -------
APPROVED +/- PROPOSED
OBJECT TITLE BUDGET CHANGE BUDGET
G121 SALARIES AND WAGES -FULL TIME $ 109,817 - $ 109,817
G122 SALARIES AND WAGES -OVERTIME $ - - $ -
G125 SALARIES AND WAGES-PART-TIME (BENEFITS) $ - - $ -
G126 SAL. AND WAGE-TEMP/PT-TIME (NO BENEFITS) $ - - $ -
G127 SALARIES AND WAGES -LONGEVITY $ 1,571 - $ 1,571
G181 SOCIAL SECURITY CONTRIBUTION $ 8,521 - $ 8,521
G182 RETIREMENT CONTRIBUTION $ 5,447 - $ .5,447
G183 HOSPITALIZATION INSURANCE CONTRIBUTION $ 12,549 - $ 12,549
G184 DISABILITY INSURANCE CONTRIBUTION $ - - $ -
G185 UNEMPLOYMENT COMPENSATION $ - - $ -
G186 WORKER'S COMPENSATION $ - - $ -
G189 OTHER (PHYSICALS, BONUS, INS, ETC.) $ 2,680 - $ 2,680
G191 ACCOUNTING $ - - $ -
G192 LEGAL $ 250 - $ 250
G195 MANAGEMENT CONSULTANT $ - - $ -
G196 DRUG & ALCOHOL TESTING CONTRACT $ - - $ -
G197 DRUG & ALCOHOL TESTS $ 500 - $ 500
G198 MEDICAL REVIEW OFFICER $ - - $ -
G199 OTHER -PROFESSIONAL SERVICES $ - - $ -
G211 JANITORIAL SUPPLIES - (HOUSEKEEPING) $ 250 - $ 250
G212 UNIFORMS $ - - $ -
G261 OFFICE SUPPLIES AND MATERIALS $ 2,200 - $ 2,200
G281 AIR CONDITIONER /FURNACE FILTERS $ - - $ -
G291 COMPUTER SUPPLIES ~ - - $ -
G311 TRAVEL $ 650 - $ 650
G312 TRAVEL SUBSISTENCE $ 2,700 - $ 2,700
G314 VEHICLE RENTAL $ - - $ -
G321 TELEPHONE SERVICE ~ $ 4,000 - $ 4,000
G322 INTERNET SERVICE PROVIDER FEE $ - - $ -
G323 .COMBINED SERVICE FEE $ - - $ -
G325 POSTAGE $ 250 - $ 250
G329 OTHER COMMUNICATIONS $ - - $ -
G331 ELECTRICITY $ 4,000 - $ 4,000
G332 FUEL OIL ~ - - $ -
G333 NATURAL GAS ~ - - $ -
G334 WATER ~ - - $ -
G335 SEWER ~ $ - - $ -
Orange County
08-US-056 Admin Budget Revision Page 1 of 2
APPROVED +/- PROPOSED
OBJECT TITLE BUDGET CHANGE BUDGET
G336 TRASH COLLECTION $ - - $ -
G337 SINGLE/COMBINED UTILITY BILL $ - - $ -
G339 OTHER UTILITIES $ - - $ -
G341 PRINTING AND REPRODUCTION $ 1,925 - $ 1,925
G349 OTHER PRINTING AND BINDING $ - - $ -
G355 REPAIR & MAINT-OFFICE/COMPUTER EQUIP $ 340 - $ 340
G357 REPAIRS & MAINTENANCE - COMM EQUIP $ 500 - $ 500
G359 OTHER REPAIRS & MAINTENANCE $ - - $ -
G371 MARKETING -PAID ADVERTISEMENTS $ 6,000 - $ 6.,000
G372 PROMOTIONAL ITEMS $ 1,500 - $ 1,500
G373 OTHER ADVERTISING/PROMOTION MEDIA $ - - $ -
G381 COMPUTER PROGRAMMING SERVICES $ - - $ -
G382 COMPUTER SUPPORT/TECH ASSISTANCE SVS $ 5,088 - $ 5,088
G391 LEGAL ADVERTISING $ 200 - $ 200
G393 TEMPORARY HELP $ - - $ -
G394 CLEANING SERVICES $ - - $ -
G395 TRAINING -.EMPLOYEE EDUCATION EXPENSE $ 1,000 - $ 1,000
G396 MANAGEMENT SERVICES $ - - $ -
G398 SECURITY SERVICES $ - - $ -
G399 OTHER SERVICES $ - - $ -
G411 RENT OF LAND $ - - $ -
G412 RENT OF BUILDING $ 7,314 - $ 7,314
G413 RENT OF OFFICES $ - - $ -
G419 OTHER RENTAL $ - - $ -
G421 LEASE OF COMPUTER HARDWARE $ - - $ -
G422 LEASE OF COMPUTER SOFTWARE $ - - $ -
G431 LEASE OF REPRODUCTION EQUIPMENT $ 3,318 - $ 3,318
G432 LEASE OF POSTAL METER $ - - $ -
G433 LEASE OF COMMUNICATION EQUIPMENT $ - - $ -
G439 LEASE OF OTHER EQUIPMENT $ - - $ -
G441 MAINTENANCE CONTRACTS - COMM EQUIP $ - - $ -
G442 MAINTENANCE CONTRACTS -OFFICE EQUIP $ - - $ -
G443 MAINTENANCE CONTRACTS -REPRO EQUIP $ - - $ -
G445 MAINTENANCE CONTRACT-COMPUTER EQUIP $ - - $ -
G449 OTHER SERVICE & MAINTENANCE CONTRACT $ 300 - $ 300
G451 INSURANCE -PROPERTY & GENERAL LIABILITY $ - - $ -
G452 INSURANCE -VEHICLES $ - - $ -
G453 INSURANCE -FIDELITY $ - - $ -
G454 INSURANCE -PROFESSIONAL LIABILITIES $ - - $ -
G455 INSURANCE -SPECIAL LIABILITIES $ - - $ -
G481 CENTRAL SERVICES -INDIRECT COSTS $ - - $ -
G491 DUES-AND SUBSCRIPTIONS $ 750 - $ 750
TOTAL ADMINISTRATION $ 183,620 - $ 183,620
Orange County
08-US-056 Admin Budget Revision Page 2 of 2
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
APPROVED PROJECT BUDGET
PROJECT: 09-SC-056
SPONSOR: ORANGE COUNTY
W BS: 36226.77.6.3
DEPARTMENT 4523 -CAPITAL I
APPROVED
OBJECT TITLE BUDGET
G511 OFFICE FURNITURE $ -
G512 OFFICE EQUIPMENT $ -
G513 AUDIO-VISUAL EQUIPMENT $ -
G514 MICRO PORTABLE PROJECTOR /LAPTOP $ -
G521 PERSONAL COMPUTER SYSTEM $ -
G522 PRINTER $ -
G523 COMPUTER SOFTWARE $ -
G525 NETWORK SERVER $ -
G541 30 TO 40 FT TRANSIT BUS W/ LIFT (REP.) 12-YR $ -
G542 30 TO 40 FT TRANSIT BUS W/ LIFT (REP.) 10-YR $ -
G543 25 FT LIGHT TRANSIT VEHICLE (REPLACEMENT) $ -
G544 22 FT LIGHT TRANSIT VEHICLE (REPLACEMENT) $ -
G545 VAN CONVERSION (REPLACEMENT) $ -
G546 STANDARD VAN (REPLACEMENT) $ -
G547 25 FT LIGHT TRANSIT VEHICLE W/ LIFT (REP.) $ 165,000
G548 LIFT EQUIPPED VAN (REPLACEMENT) $ -
G549 CENTER AISLE VAN (REPLACEMENT) $ -
G551 VEHICLE SPARE PARTS $ -
G552 SHOP EQUIPMENT $ -
G553 REPEATER STATION $ -
G554 RADIO BASE STATION $ -
G555 RADIO UNIT (MOBILE OR HAND HELD) $ -
G556 TELEPHONE EQUIPMENT $ -
G557 FAREBOXES $ -
G559 OTHER EQUIPMENT $ -
G561 30 TO 40 FT TRANSIT BUS W/ LIFT (EXP.) 12-YR $ -
G562 30 TO 40 FT TRANSIT BUS W/ LIFT (EXP.) 10-YR $ -
G563 25 FT LIGHT TRANSIT VEHICLE (EXPANSION) $ -
G564 22 FT LIGHT TRANSIT VEHICLE (EXPANSION) $ -
G565 VAN CONVERSION (EXPANSION) $ -
G566 STANDARD VAN (EXPANSION) $ -
G567 25 FT LIGHT TRANSIT VEHICLE W/ LIFT (EXP.) $ -
G568 LIFT EQUIPPED VAN (EXPANSION) $ -
G569 CENTER AISLE VAN (EXPANSION) $ -
G571 MINI-VAN (REPLACEMENT) $ -
G572 MINI-VAN (EXPANSION) $ -
G573 ALLOWABLE ALTERNATE VEHICLE (REP/EXP)
G574 SUPPORT VEHICLE (SPECIFY REP. OR EXP.)
G575 20 FT LT TRANSIT VEHICLE (SPECIFY REP OR EXP)
G576 22 FT LIGHT TRANSIT VEHICLE W/ LIFT (REP.)
G577 OTHER TRANSIT VEHICLE (EXPANSION)
G578 20 FT LT TRANSIT VEHICLE W/ LIFT (REP. OR EXP.)
G579 22 FT LIGHT TRANSIT VEHICLE W/ LIFT .(EXP.)
G585 BUS STOP SIGNS
G591 VEHICLE LETTERING AND LOGOS
G595 SERVICE VEHICLE (SPECIFY REP. OR EXP.)
G596 VEHICLE SECURITY/SURVEILLANCE EQUIPMENT
G598 28' LIGHT TRANSIT VEHICLE W/LIFT (REP. OR EXP)
G599 OTHER CAPITAL
TOTAL CAPITAL
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ 900
$ -
$ -
$ -
$ 165,900
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
PROJECT BUDGET REVISION
PROJECT: 09-SC-056
SPONSOR: ORANGE COUNTY
WBS: 36226.77.6.3
DEPARTMENT 4523 -CAPITAL I
APPROVED +/- PROPOSED
OBJECT TITLE BUDGET CHANGE BUDGET
G511 OFFICE FURNITURE $ - - $ -
G512 OFFICE EQUIPMENT $ - - $ -
G513 AUDIO-VISUAL EQUIPMENT $ - - $ -
G514 MICRO PORTABLE PROJECTOR /LAPTOP $ - - $ -
G521 PERSONAL COMPUTER SYSTEM $ - - $ -
G522 PRINTER $ - - $ -
G523 COMPUTER SOFTWARE $ - - $ -
G525 NETWORK SERVER $ - - $ -
G541 30 TO 40 FT TRANSIT BUS W/ LIFT (REP.) 12-YR $ - - $ -
G542 30 TO 40 FT TRANSIT BUS W/ LIFT (REP.) 10-YR $ - - $ -
G543 25 FT LIGHT TRANSIT VEHICLE (REPLACEMENT) $ - - $ -
G544 22 FT LIGHT TRANSIT VEHICLE (REPLACEMENT) $ - - $ -
G545 VAN CONVERSION (REPLACEMENT) $ - - $ -
G546 STANDARD VAN (REPLACEMENT) $ - - $ -
G547 25 FT LIGHT TRANSIT VEHICLE W/ LIFT (REP.) $ 165,000 - $ 165,000
G548 LIFT EQUIPPED VAN (REPLACEMENT) $ - - $ -
G549 CENTER~AISLE VAN (REPLACEMENT) $ - - $ -
G551 VEHICLE SPARE PARTS $ - - $ -
G552 SHOP EQUIPMENT $ - - $ -
G553 REPEATER STATION $ - - $ -
G554 RADIO BASE STATION $ - - $ -
G555 RADIO UNIT (MOBILE OR HAND HELD) $ - - $ -
G556 TELEPHONE EQUIPMENT $ - - $ -
G557 FAREBOXES $ - - $ -
G559 OTHER EQUIPMENT $ - - $ -
G561 30 TO 40 FT TRANSIT BUS W/ LIFT (EXP.) 12-YR $ - - $ -
G562 30 TO 40 FT TRANSIT BUS W/ LIFT (EXP.) 10-YR $ - - $ -
G563 25 FT LIGHT TRANSIT VEHICLE (EXPANSION) $ - - $ -
G564 22 FT LIGHT TRANSIT VEHICLE (EXPANSION) $ - - $ -
G565 VAN CONVERSION (EXPANSION) $ - - $ -
G566 STANDARD VAN (EXPANSION) $ - - $ -
G567 25 FT LIGHT TRANSIT VEHICLE W/ LIFT (EXP.) $ - - $ -
G568 LIFT EQUIPPED VAN (EXPANSION) $ - - $ -
G569 CENTER AISLE VAN (EXPANSION) $ - - $ -
G571 MINI-VAN (REPLACEMENT) $ - - $ -
G572 MINI-VAN (EXPANSION) $ - - $ -
G573 ALLOWABLE ALTERNATE VEHICLE (REP/EXP) $
G574
SUPPORT VEHICLE (SPECIFY REP. OR EXP
) _
$ _ $ _
G575 .
20 FT LT TRANSIT VEHICLE (SPECIFY REP OR EXP _
$ _ $ _
G576
22 FT LIGHT TRANSIT VEHICLE W/ LIFT (REP
) _
$ _ $ _
G577 .
OTHER TRANSIT VEHICLE (EXPANSION) _
$ _ $ _
G578
20 FT LT TRANSIT VEHICLE W/ LIFT (REP. OR EXP.; _
$ _ _ $ _
_ $ _
G579 22 FT LIGHT TRANSIT VEHICLE W/ LIFT (EXP
) $
G585 .
BUS STOP SIGNS _
$ _ $ _
G591
VEHICLE LETTERING AND LOGOS
$ 900 _ $
- $ ~ 900
G595 SERVICE VEHICLE (SPECIFY REP. OR EXP.) $ _ _ $ _
G596 VEHICLE SECURITY/SURVEILLANCE EQUIPMENT $ - _ $
G598 28' LIGHT TRANSIT VEHICLE W/LIFT (REP. OR EXP) $ - _ $ _
G599 OTHER CAPITAL $ _ _ $ _
TOTAL CAPITAL $ 165,900 - $ 165,900