HomeMy WebLinkAbout2005 S Aging - Rural Capital Program Grant Agreement for Public Body Organizations $6435...~ '
S'
.,a 5M7F°
~° rmy,
^+. n
.R~~.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
March 7, 2007
Mr. Barry Jacobs
Chairperson
Orange County Board of Commissioners
200 South Cameron Street
Hillsborough, North Carolina, 27278-2505
Dear Mr. Jacobs:
LYNDO TIPPETT
SECRETARY
RE: Project No. 07-SC-056
WBS Element No. 36226.77.4.3
Purchase Order No. 5700000092
The enclosed agreement for the above project was executed by the Deputy Secretary for Transit
on March 5, 2007. The period of performance shall extend from July 1, 2006 to June 30, 2007.
Any allowable costs incurred during this period will be eligible for reimbursement from the
Department.
The policy of the Department of Transportation is to allow disadvantaged business enterprises,
including minority and women businesses, to participate in federal and state financial assistance.
We encourage you to use the DOT web site for subcontractors that are certified for DBE, MBE,
and WBE at http://apps.dot.state.nc.us/vendor/directory and for Historically Under utilize firms
at http://apps.doa.state.nc.us/hub, when purchasing goods and services.
Each request for reimbursement must be accompanied by the following:
1. a cover letter on the County's letterhead;
2. a completed request for reimbursement form located at the PTD web-site at
www.ncdot.org/transit/transitnet! (from the Operations and Planning link, select
Community Transportation for the "Request for Reimbursement form");
3. advance payment form, if applicable;
MAILING ADDRESS: TELEPHONE: 919-733-4713 LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-1391 TRANSPORTATION BUILDING
PUBLIC TRANSPORTATION DIVISION 1 SOUTH WILMINGTON STREET
1550 MAIL SERVICE CENTER WWW.DOT.STATE.NC.US/TRANSIT/TRANSITNET/ RALEIGH NC
RALEIGH, NC 27699-1550
'~
4. original invoices supporting all claimed expenditures;
5. a copy of the vehicle order form and title application;
6. completed vehicle inspection form for vehicle purchase;
7. an executed vendor payment form for all payment or non-payment made to a
subcontractor or a DBE/MBE/WBE/HUB firm.
A copy of Orange County's year-end audit report should be forwarded to this office after
completion, but no later than one year after the audit period ends.
Please identify this project using the project number, WBS element, and purchase order
numbers referenced above on all correspondence. If you have any questions regarding the
contract, requests for reimbursement or related matters, please contact Sheila Elliott at extension
245 or me at extension 255.
Sincerely,
Charlie C. Wright
Financial Manager
CCW/sae
Enclosures
' '.
STATE OF NORTH CAROLINA
COUNTY OF WAKE
NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
and
ORANGE COUNTY
THIS AGREEMENT made this theo7-~day of
20j~(hereinafter referred to as
AGREEMENT) by and between the NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION (hereinafter referred to as "Department", an agency of the State of North
Carolina) and Orange County, (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 public transportation
program 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
07-SC-056
Orange County
RURAL CAPITAL PROGRAM
GRANT AGREEMENT FOR
PUBLIC BODY ORGANIZATIONS
DOT PROGRAM NUMBER: DOT-14
PROJECT NUMBER: 07-SC-056
WBS ELEMENT: 36226.77.4.3
PO NUMBER: 5700000092
Page 1 of 59
' ~.
t
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 capital assistance to the Contractor; and
WHEREAS, the Department and the Contractor desire to secure and utilize Rural Capital
Program 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 Aoreement. The purpose of this Agreement is to provide for the
purchase of capital equipment as described in the project application (hereinafter referred to as
"Project's 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")
Circular9040.1E, dated October 1, 1998, at:
(www.fta.dot.gov/publications/publications circulars_guidance.html);
(2) FTA Master Agreement, dated October 1, 2005, at
(www.fta.dot.gov/funding/apply/grants_financing_3093.html);
{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.
07-SC-056 Page 2 of 59
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
SEVEN THOUSAND ONE HUNDRED FIFTY DOLLARS ($7,150) as set forth in the Project
Description and Budget, incorporated into this Agreement as Attachment A.
(1) State Share. The Department shall provide, from State funds, NINETY
PERCENT (90%) of the actual net cost of the Project, not in excess of SIX THOUSAND FOUR
HUNDRED THIRTY-FIVE DOLLARS ($6,435).
(2) Local Share. The Contractor hereby agrees that it will provide TEN
PERCENT (10%) of the actual net cost of the Project and any amounts in excess of the
Department's maximum. 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.
c. Period of Pertormance. This Agreement shall commence upon the date of
execution, unless specific written authorization from the Department to the contrary is received.
The period of pertormance for all expenditures shall extend from JULY 1, 2006 TO JUNE 30,
2007, unless written authorization to the contrary is provided by the Department. 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:
07-SC-056
Orange County
Page 3 of 59
(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 Reauirements. 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.goy/nara/cfr/cfr-table-search.html#page1).
(2) Title 19A North Carolina Administrative Code (N.C.A.C.) Subchapter
56 at (http://reports.oah.state.nc.us/ncac.asp).
f. implication of Federal. State, and Local Laws, ReQUlations. 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
07-SC-056 Page 4 of 59
Orange County
i.
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 pertormed by the Contractor (such as in a 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.
h. Contractor's Responsibility to Extend Federal and State Requirements to
Other Entities.
07-SC-056
Orange County
Page 5 of 59
(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 and subrecipients 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 pertormed by the
Contractor, the Contractor agrees to include in that third party contract those requirements
07-SC-056 Page 6 of 59
Orange County
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.
(b) Subaareements. Because Project activities pertormed by a
subcontractor/ subrecipient must comply with alt 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 Subaoreement. 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
07-SC-056 Page 7 of 59
Orange County
any obligations or liabilities to any subrecipient, third party contractor, 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 or third party contractor.
j. Chances in Project Performance (i.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 or subagreements
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 or subrecipient at any tier or agent thereof. Such a conflict would
07-SC-056 Page 8 of 59
Orange County
arise when arr 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 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,. or 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.
07-SC-056
Orange County
Page 9 of 59
b. Debarment and Suspension. The Contractor agrees to comply, and assures
the compliance of each third party contractor and subrecipient 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 and subrecipients will,
review the Excluded Parties Listing System at (http://epls.arnet.govn 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. Lobbyinp Restrictions. The Contractor agrees that:
(1) It will comply, and will assure the compliance of each third party
contractor at any tier and each subrecipient 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. § 1352, and
(2) To the extent applicable, it will comply with Federal/State laws and
regulations prohibiting the use of Federal/State assistance for activities designed to influence
Congress or a State legislature with respect to legislation or appropriations, except through
proper, official channels.
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. § 5307(k)(2)(B) and 23 U.S.C.
§ 142(8), the Hatch Act does not apply to a nonsupervisory employee of a public transportation
07-SC-056 Page 10 of 59
Orange County
system (or of any other agency or entity pertorming 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 FederaUState 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. Project 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
07-SC-056 Page 11 of 59
Orange County
Project Budget, 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. 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 capital costs of the
Project, the Department shall reimburse the Contractor up to the percentage specified in the
Approved Project Budget of allowable 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 the Department's Uniform Public Transportation
Accounting System (UPTAS) invoicing forms furnished by the Department for work pertormed
under this Agreement. 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.
07-SC-056 Page 12 of 59
Orange County
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 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.
07-SC-056 Page 13 of 59
Orange County
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.
(1) Contractor's Responsibility to Pav. 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. Accounting Records.
a. Establishment and Maintenance of Accounting 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 Annual Budget and shall 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
07-SC-056 Page 14 of 59
Orange County
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 pertormed) within the period of performance
of this Agreement unless specific authorization from the Department to the contrary is received;
(6) In conformance with the standards for allowability of costs set forth in
Office of Management and Budget (OMB) Circular A-87 "Cost Principles for State, Local, and
Indian Tribal Governments;"
(7) Satisfactorily documented; and
(8) Treated uniformly and consistently under accounting principles and
procedures approved or prescribed by the Department.
Section 6. Reporting. Record Retention, and Access.
a. Reports. The Contractor shall advise the Department regarding the progress
of the Project at such time and in such a manner as the Department may require, including, but
07-SC-056 Page 15 of 59
Orange County
not limited to: operating statistics, equipment usage, meetings, schedule of anticipated work
progress, progress reports, and monthly performance reports.
The Contractor shall collect and submit to the Department at such time as it may
require, 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
alt 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/locale.
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
07-SC-056 Page 16 of 59
Orange County
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 pertormance, or termination by the Department,
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-Prot•tt 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,
07-SC-056 Page 17 of 59
Orange County
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 welt as any penalties and any interest required by Subsection 4d of this Agreement.
e. Project 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 Federal Public Transportation Proarams. 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.
07-SC-056 Page 18 of 59
Orange County
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. Accordingly:
(1) General. 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.
(2) Equal Employment Opportunity Requirements for Construction
Activities. For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as
"construction," the Contractor agrees to comply and assures the compliance of each third party
contractor at any tier or subrecipient at any tier of the Project, with all applicable equal
employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts
60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to
Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any Federal laws,
regulations, and directives affecting construction undertaken as part of the Project.
d. Minority and Women Business Enterprise (MBE/WBE).
(1) Policy. It is the policy of the North Carolina Department of
Transportation that Historically Underutilized Businesses (HUB) and Minority Business and
07-SC-056 Page 19 of 59
Orange County
Women Business Enterprises (MBE/WBE) shall have the opportunity to participate in the
performance of contracts financed in whole or in part with non-Federal Funds. Even though
specific HUB/MBE/WBE goals may not have been established for this Agreement, the
Contractor shall exercise all necessary and reasonable steps to ensure that HUB-/MBE-/VVBE-
owned~ business enterprises participate in the procurement of commodities and services using
funding from this Agreement.
(2) Obligation. The Contractor and any subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this contract. The
Contractor shall carry out applicable requirements of Executive Order 106 and General Statute
143-48 in the award and administration of state assisted contracts. Failure by the Contractor to
carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy, as the Department deems necessary.
(3) Definitions. For purposes of this provision the following definitions will
apply:
(a) Socially and economically disadvantaged individuals means a
person who has a net worth of $750,000.00 or less and is a citizen or lawful permanent resident
of the United States and who is:
1. A Black American
2. A Hispanic American
3. A Subcontinent Asian American
4. A Native American
5. An Asian-Pacific American
6. A Woman
7. Members of other groups, or other individuals found to be
economically and socially disadvantaged by the Small Business Administration under Section
8(d) of the Small Business Act, as amended [15 U.S.C. 637(d)].
07-SC-056 Page 20 of 59
Orange County
8. Members of other groups, or other individuals found to be
economically and socially disadvantaged by the Department under the Criteria for
Disadvantaged Business Enterprises as published by the Department.
(b) Disadvantaged Business Enterprise (DBE) means afor-profit
small business concern:
1. That is at least 51 percent owned by one or more individuals
who are both socially and economically disadvantaged or, in the case of a corporation in which
51 percent of the stock is owned by one or more such individuals; and
2. Whose management and daily business operation are
controlled by one or more of the socially and economically disadvantaged individuals who own
lt.
The Contractor and its subcontractors can access a list of Disadvantaged, Minority and Women
Business Enterprises (DBE/MBE/WBE) which have been certified as such by the Department at
the following Web site: (http://apps.dot.state.nc.us/vendor/directoryn. The list also contains
HUB firms that have been certified by the North Carolina Department of Administration, which
have done business with the Department in the past. Only those HUB/MBE/WBE firms with
current certification may be considered for participation. The listing of an individual firm in the
Department's directory shall not be construed as an endorsement of the firm's capability to
pertorm certain work.
(4) Procurement of Goods and Services.
(a) Procurement of Goods. In accordance with Executive Order 106,
and G.S. 143-48, all agencies are required to report the amount of purchases made through
Historically Underutilized Businesses (women, minority and disabled owned businesses,
disabled business enterprises, nonprofit work centers for the blind and severely disabled) to
Department of Administration of HUB Office. Ali HUB procurement activity must be reported to
the Department as defined in Subsection 8d(5) of this Agreement.
Q7-SC-056 Page 21 of 59
Orange County
(b) Advertisement for the Procurement of Services (including
Management Contracts).
1. When soliciting proposals for work to be subcontracted
under this Agreement, the Contractor shall require all proposers to submit a listing of
HUB\MBE\WBE participation. Proposers must indicate the total dollar value of HUB/MBE/WBE
participation, or the word "zero" or number "0" in the event of no HUB/MBE/WBE participation.
Blank forms will not be deemed to represent zero participation. Proposals submitted that do not
have HUB/MBE/WBE participation indicated on the appropriate form will be considered non-
responsive. Only those HUB/MBE/WBE firms with current certii•rcation by the Department will
be considered acceptable for listing in the submittal of HUB/MBE/WBE participation.
2. The form for listing of HUB/MBE/WBE subcontractors must
include the following required information: the names and addresses of HUB/MBE/WBE firms
committed to participate in the contract; the description of the service or item to be performed
and/or provided by each HUB/MBE/WBE firm; and the anticipated utilization of each
HUB/MBE/WBE based on planned efforts.
3. The proposer is required to submit written documentation
of its commitment to use a HU6/MBE/WBE subcontractor and written confirmation from each
HUB/MBE/WBE, listed in the proposal form, indicating their participation in the contract. The
Department will not allow any substitutions, deletions, or other alterations to the listing of firms
committed for HUB/MBE/WBE participation and/or the respective listed contract item numbers
after the opening of proposals. The Department will not allow adjustments to total dollar amount
of HUB/MBE/WBE participation after the opening of the proposal that would result in the
HUB/MBE/WBE participation being less than the anticipated utilization. The only exceptions to
the requirements of this paragraph will be: (1) to allow for replacement of a HUB/MBE/WBE
firm that had been decertified after opening of proposals, and (2) to allow alteration of the listed
07-SC-056 Page 22 of 59
Orange County
contract item numbers subject to the proposer submitting sufficient documentation to verify an
obvious error in the initial submittal.
4. If any HUB/MBE/WBE Subcontractor submitted on the
form for listing of HUB/MBE/WBE Subcontractors is terminated or fails to complete its work on
the contract for any reason, the proposer shall take all necessary, reasonable steps to replace
the HUB/MBE/WBE subcontractor with another HUB/MBE/WBE subcontractor to perform at
least the same amount of work of the contract as the HUB/MBE/WBE that was terminated. If a
proposer has listed aHUB/MBE/WBE firm in its proposal and that subcontractor is subsequently
decertified by the Department, then the Department will not require the proposer to solicit
replacement HUB/MBE/WBE participation equal to the remaining work to be performed by the
decertified firm. The participation equal to the remaining work performed by the decertified firm
will count toward the contract utilization buf may not be counted toward the overall program
goal.
5. If a subcontractor is determined to be an eligible
HUB/MBE/V1IBE firm and certified by the. Department, the total dollar value of the participation
by the HUB/MBEM/BE will be counted toward the utilization. The total dollar value of
participation by a certified HUB/MBE/WBE will be based upon the value of work actually
pertormed by the HUB/MBEMBE and the actual payments to HUB/MBE/WBE firms by the
proposer.
6. When aHUB/MBE/WBE performs as a participant in a joint
venture, the proposer may count toward its HUB/MBE/WBE utilization a portion of the total
value of participation with the HUB/MBE/WBE in the joint venture, that portion of the total dollar
value being a distinct clearly defined portion of work that the HUB/MBE/WBE pertorms with its
forces.
7. The contractor may count toward its HUB/MBE/WBE
utilization only expenditures to HUB/MBEMIBEs that perform a commercially useful function in
07-SC-056 Page 23 of 59
Orange County
the work of a contract. A HUB/MBEMIBE is considered to perform a commercially useful
function when it is responsible for execution of a distinct element of the work of a contract and
carrying out its .responsibilities by actually performing, managing, and supervising the work
involved. To determine whether a HU6/MBE/WBE is performing a commercially useful function,
the Department will evaluate the amount of work subcontracted, industry- practices, whether the
amount the firm is to be paid. under the contract is commensurate with the work it is actually
performing and the HUB/MBE/WBE credit claimed for its performance of the work, and other
relevant factors.
8. Consistent with norma! industry practices, a
HUB/MBE/WBE may enter into subcontracts. Work that aHUB/MBEM/BE subcontracts to
another HUB/MBEMBE firm may be counted toward the contract utilization. Work that a
HUB/MBE/WBE subcontracts to a non-MBE/WBE firm does not count toward the contract
utilization. If a HUB/MBEMBE Firm or Subcontractor subcontracts a significantly greater portion
of the work of the contract than would be expected on the basis of normal industry practices, the
HUB/MBE/V116E shall be presumed not to be pertorming a commercially useful function.
9. All requests for approval of subcontracts involving
HUB/MBE/WBE subcontractors shall be accompanied by a certification executed by both the
proposer and the HUB/MBE/WBE subcontractor attesting to the agreed upon unit prices and
extensions for the affected contract items. This document shall be on the Department's Form
RS-2, or in lieu of using this form, copies of the actual executed agreement between the
proposer and the HUB/MBE/VVBE subcontractor may be submitted. In any event, the
Department reserves the right to require copies of actual subcontracts/agreements involving
HUB/MBENVBE Subcontractors. The RS-2 certification forms may be obtained from the
Department. These certifications shall be considered a part of the project records, and
consequently will be subject to penalties under Federal I_aw associated with falsifications of
records related to projects.
07-SC-056 Page 24 of 59
Orange County
(5) Reporting HUB/MBE/1NBE Participation. When payments are made to
HUB, Minority Business and Women Business Enterprise firms, proposers at all levels shall
provide the Department with an accounting of said payments. This accounting shall be
submitted to the Department with requests for reimbursement. The accounting shall list for each
payment made to a HUB or Minority Business and Women Business Enterprise frrm, the
following:
(a) DOT Project Number
(b) Contractor Name and Federal Taxpayer ID
(c) Receiving Subcontractor and Reporting ID
(d) Amount of Payment
(e) Date of Payment
This document shall be on the Department's HUB/MBE/VI/BE Subcontractor Payment
Information form. A responsible fiscal officer of the proposer or subcontractor who can attest to
the date and amounts of the payments shall certify that the accounting is correct. A copy of the
required form will be distributed with the grant award letter or may obtained from the
Department.
e. Nondiscrimination on the Basis of Sex. The Contractor agrees to comply with
all applicable requirements of Title IX of the Education Amendments of 1972, as amended, 20
U.S.C. §§ 1681 et seq., and with implementing Federal regulations that prohibit discrimination
on the basis of sex that may be applicable.
f. Nondiscrimination on the Basis of Age. The Contractor agrees to comply with
all applicable requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §§
6101 et seq., and with implementing regulations, which prohibit employment and other
discrimination against individuals on the basis of age.
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
07-SC-056 Page 25 of 59
Orange County
disabilities have the same right as other individuals to use, public transportation 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;
07-SC-056 Page 26 of 59
Orange County
(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 609; and
(11) Federal civil rights and nondiscrimination directives implementing the
foregoing regulations.
h. Dru4 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.
§§ 1174 et seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970, as amended, 42 U.S.C. §§ 4581 et seq., and with the Public
Health Service Act of 1912, as amended; 42 U.S.C. §§ 290dd-3 and 290ee-3, 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 Language
07-SC-056 Page 27 of 59
Orange County
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. Plannin4 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) the 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, and subsequent Federal
directives implementing SAFETEA-LU, except to the extent the Department 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.
07-SC-056 Page 28 of 59
Orange County
b. Governmental and Private Nonprofit Providers of Nonemeroencv
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.
c. Infrastructure Investment. During the implementation of the Project, the
Contractor agrees to take into consideration the recommendations of Executive Order
No. 12803, "Infrastructure Privatization," 31 U.S.C. § 501 note, and Executive Order No. 12893,
"Principles for Federal Infrastructure Investments," 31 U.S.C. § 501 note.
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 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 with SAFETEA-LU
provisions and with any subsequent amendments thereto, except to the extent the Department.
Although the FTA "Best Practices Procurement Manual" provides additional procurement
guidance, the Contractor understands that the FTA "Best Practices Procurement Manual" is
07-SC-056 Page 29 of 59
Orange County
i.
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 all 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. However, for example, in procuring architectural,
engineering, or related services, the Contractor's geographic location may be a selection
criterion, provided that a sufficient number of qualified firms are eligible to compete.
e. Neutrality in Labor Relations. To the extent permitted by law, the Contractor
agrees to comply with Executive Order No. 13202, "Preservation of Open Competition and
Government Neutrality Towards Government Contractors' Labor Relations on Federal and
Federally Funded Construction Projects," Executive Order No. 13202, as amended by Executive
Order No. 13208, 41 U.S.C. § 251 note, which among other things prohibits requirements for
affiliation with a labor organization as a condition for award of any third party contract or
subcontract for construction or construction management services, unless the Department
determines otherwise in writing.
f. Department Technical Review. The Contractor agrees to permit the
Department to review and approve the Contractor 's technical specifications and requirements
to the extent the Department believes necessary to ensure proper Project administration. The
07-SC-056 Page 30 of 59
Orange County
Contractor agrees to submit the following to the Department for its review and approval prior to
solicitation:
(1) New/adapted specifications for equipment, supplies, apparatuses and
new-type rolling stock. This requirement does not apply to equipment, supplies, or apparatuses
with cost of less than $30,000; or to Minivans; Conversion and Lift Vans; Center Aisle Vans and
Standard Vans; and Light Transit Vehicles (Cutaway-type 8us).
(2) Drawings, designs, and/or description of work for construction, renovation,
or facility improvement projects, including the purchase or construction of bus shelters.
g. 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) All new-type rolling stock, excluding Minivans; Conversion and Lift
Vans; Center Aisle Vans and Standard Vans; and Light Transit Vehicles (Cutaway-type Bus).
(2) All construction projects equal to or greater than $30,000;
(3) Any "brand name" product or sole source purchase equal to or greater
than $2,500;
(4) Any contract/subcontract to other than apparent lowest bidder equal to
or greater than $2,500;
(5) Any procurement equal. to or greater than $90,000;
(6) Any contract modification that would change the scope of a contract or
increase the contract amount up to or overthe formal (sealed) bid threshold of $90,000.
h. Proiect Approval/Third Party Contract Approval. Except to the extent the
Department determines otherwise in writing, the Contractor agrees that the Department's award
of State assistance for the Project does not, by itself, constitute pre-approval of any non-
competitive third party contract associated with the Project.
07-SC-056 Page 31 of 59
Orange County
i. Preference for Recycled Products. To the extent applicable, the Contractor
agrees to comply with U.$. 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.
j. 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.
k. 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.
I. Rollino Stock. In acquiring rolling stock, the Contractor agrees as follows:
07-SC-056 Page 32 of 59
Orange County
(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-vear 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 any amendments to
those regulations that may be promulgated.
(4) Bus Testing. To the extent applicable, the Contractor agrees to comply
with the requirements of 49 U.S.C. § 5318(e) and FTA regulations, "Bus Testing," 49 C.F.R.
Part 665, and any amendments to those regulations that may be promulgated.
m. Bonding. For construction projects, the Contractor agrees to provide bid
guarantee bond (5% of bid price) and performance and payment bonds (100% of contract price)
and comply with any other construction bonding provisions as the Department may determine.
n. Architectural. Enaineering, Design, or Related Services. For all architectural,
engineering, design, or related services the Contractor shall use qualifications-based
competitive proposal [Request for Qualifications (RFQ) in accordance with the Brooks Act]
procedures. The' Contractor shall follow applicable statutes, N.C.G.S. 143-64.31-34 and
requirements set forth in FTA Circular 4220.1 E, to retain a qualified, registered architect or
professional engineer.
07-SC-056 Page 33 of 59
Orange County
(1) The Contractor agrees to comply with qualifications-based .competitive
proposal procedures, which require:
(a) An offeror's qualifications be evaluated;
(b) Good faith effort to use minority-owned businesses;
(c) Price be excluded as an evaluation factor;
(d) Negotiations be conducted with only the most qualified offeror;
and
(e) Failing agreement on price, negotiations with the next most
qualified offeror be conducted until a contract award can be made to the most qualified offeror
whose price is fair and reasonable.
(2) Geographic location may be a selection criterion in procurements for
architectural and engineering (A&E) services provided its application leaves an appropriate
number of qualified firms, given the nature and size of the project, to compete for the contract.
(3) The Contractor acknowledges and agrees that qualifications-based
competitive proposal procedures can only be used for procurement of the following services:
(a) Program management;
(b) Construction management;
(c) Feasibility studies; and
(d) Preliminary engineering, design; architectural, engineering,
surveying, mapping, and related services.
(4) The Contractor also agrees to:
(a) Include applicable Federal requirements and certifications in the
solicitation;
(b) Submit procurement documents to the Department for its review
and approval prior to the award of any contract for A&E services for the Project; and
07-SC-056 Page 34 of 59
Orange County
(c) Maintain written documentation to support each step of the
procurement process.
o. Design-Bid-Build Projects. The Design-Bid-Build method of construction is
where there are separate contracts and procurement processes for the design and construction.
Typically the designer coordinates the numerous prime contractors that are involved in the
construction process. The Contractor may use design-bid-build procurements to implement its
projects after it has complied with applicable State requirements and obtains approval from the
Department prior to solicitation and award of the contract.
p. Design-Build Projects. The Design-Build method of construction is where a
single contractor is given responsibility for both design and construction, thus eliminating an
intermediate procurement step with possible time saving, and more effective coordination and
opportunities for cost savings. Currently, this procurement method is not an allowable method
of procurement by the State of North Carolina. The Contractor may request to use the design-
build method as an "alternate" method. Submission of justification must be presented to the
State Building Commission for a 2/3-majority vote of approval. One of the drawbacks of design-
build is that the owner does not have an independent source (the A/E in traditional construction)
overseeing design implementation and verifying conformance with the drawings and
specifications.
q. 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.
07-SC-056 Page 35 of 59
Orange County
(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 11q(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.
(e) 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 a fair opportunity to compete for the contract; and would have resulted in the award of the
07-SC-056 Page 36 of 59
Orange County
contract to a different person or entity if the alterations had been included in the request for
proposals.
(f) 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 11q(1) and 11q(2) of this Agreement. For all
architectural, engineering, design, or related services, the Contractor agrees that the
qualifications-based competitive proposal process shall be used (see Subsection 11n, this
Agreement).
(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 wilt be
used;
(c) Generally used when conditions are not appropriate for use of
sealed bids;
(d) Requests for proposals will be publicized;
(e) All evaluation factors will be identified along with their relative
importance;
(f) Proposals will be solicited from an adequate number (3 is
recommended) of qualified sources;
07-SC-056
Orange County
Page 37 of 59
(g) A standard method must be in place for conducting technical
evaluations of the proposals received and for selecting awardees;
(h) 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
(i) 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 pertormance, where quality is considered an integral pertormance
factor.
r. 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 Fong-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.
s. 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
pertormance, and financial and fechnical 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
07-SC-056 Page 38 of 59
Orange County
debarment and suspension rule. The Department recommends that grantees use a certification
form for projects over $25,000. 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/.
t. Contract Administration Svstem. 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.
u. 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
representatives, access to all third party contract records to the extent required by 49 U.S.C. §
5325(g), and retain such documents for at least five (5) years after project completion.
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
07-SC-056 Page 39 of 59
Orange County
the Project. The Contractor shall not be required to indemnify the State Government or 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 Proiect Property. 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 return tFre 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 ifs 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
07-SC-056
Orange County
Page 40 of 59
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 Praject 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 Proaerty. 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
07-SC-056 Page 41 of 59
Orange County
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 arty 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 Proiect Propertv. The Contractor understands and agrees as
follows:
(1) Contractor Request. In addition to the authority to transfer project
assets provided by 49 U.S.C. 5334(8), 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.
(2) State Government Direction. The Contractor agrees that the
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) t_easina Proiect Propertv 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
07-SC-056 Page 42 of 59
Orange County
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. Wth 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(g)(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
07-SC-056 Page 43 of 59
Orange County
a
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.
(7) Proiect Propertv 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) Proiect Propertv Prematurelv 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.
(b) Calculating the Fair Market Value of Prematurelv Withdrawn
Proiect Propertv. 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
07-SC-056 Page 44 of 59
Orange County
condition of that equipment or supplies immediately before the fire, casualty, or natural disaster,
irrespective of the extent of insurance coverage.
2. Real Property. The Contractor agrees that the fair market
value of real property shall be determined either by competent appraisal based on an
appropriate date approved by the Department, as provided by 49 C.F.R. Part 24, or by straight
line depreciation, whichever is greater.
3. Exceotional 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. In 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:
07-SC-056
Orange County
Page 45 of 59
(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 Proiect Prooertv. If any damage to Project property
results from abuse or misuse occurring with the Contractor 's knowledge and consent, the
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 Proiect 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. In addition to other insurance requirements that may apply, the
Contractor agrees as follows:
a. Minimum Requirements. At a minimum, the Contractor agrees to comply with
the insurance requirements normally imposed by North Carolina State and local laws,
regulations, and ordinances, except to the extent that the Department determines otherwise in
writing.
b. Flood Hazards. To the extent applicable, the Contractor agrees to comply
with the flood insurance purchase provisions of Section 102(a) of the Flood Disaster Protection
07-SC-056 Page 46 of 59
Orange County
Act of 1973, 42 U.S.C. § 4012a(a), with respect to any Project activity involving construction or
an acquisition having an insurable cost of $10,000 or more.
Section 16. Real Property. For real property acquired with State assistance, the
Contractor agrees as follows:
a. Land Acquisition. The Contractor agrees to comply with 49 U.S.C. § 5324(a),
which requires compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq.; and with U.S. DOT
regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs," 49 C.F.R. Part 24. [See, new U.S."DOT final rule, "Uniform
Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted
Programs," 49 C.F.R. Part 24, 70 Fed. Reg. 590 et seq., January 4, 2005.] These requirements
apply to all interests in real property acquired for Project purposes regardless of Federal
participation in the cost of that real property.
b. Covenant Assurino Nondiscrimination. The Contractor agrees to include a
covenant in the title of the real property acquired for the Project to assure nondiscrimination
during the useful life of the Project.
c. Recording Title to Real Propertv. To the extent required by the Department,
the Contractor agrees to record the State interest in title to real property used in connection with
the Project.
d. Department Approval of Changes in Real Propertv Ownership. The
Contractor agrees that it will not dispose of, modify the use of, or change the terms of the real
property title, or other interest in the site and facilities used in the Project without prior written
permission and instructions from the Department.
Section 17. Construction. Except to the extent the Department determines otherwise in
writing, the Contractor agrees as follows:
07-SC-056 ~ Page 47 of 59
Orange County
a. Drafting Review, and Approval of Construction Plans and Specifications.
The Contractor agrees to submit drawings, designs, and/or description of work for construction,
renovation, or facility improvement projects, including the purchase or .construction of bus
shelters to the Department for its review and approval prior to solicitation.
b. MBE/V1/BE/DBE Participation. The Contractor agrees to record and report
Minority-owned Business good faith efforts in accordance with N.C.G.S. 143-128.2(f).
c. Supervision of Construction. The Contractor agrees to provide and maintain
competent and adequate engineering supervision at the construction site to ensure that the
complete work conforms to the approved plans and specifications.
d. Construction Reports. The Contractor agrees to provide progress reports
and other data and information as may be required by the Department.
e. Project Management for Major Capital Projects. To the extent applicable, the
Contractor agrees to comply with FTA regulations, "Project Management Oversight," 49 C.F.R.
Part 633, and any subsequent Project Management Oversight regulations FTA may issue.
f. Seismic Safety. The Contractor agrees to comply with the Earthquake
Hazards Reduction Act of 1977, as amended, 42 U.S.C. §§ 7701 et seq., with Executive Order
No. 12699, "Seismic Safety of Federal and Federally-Assisted or Regulated New Building
Construction," 42 U.S.C. § 7704 note, and with U.S. DOT regulations, "Seismic Safety," 49
C.F.R. Part 41, specifically, 49 C.F.R. § 41.117.
Section 18. Employee Protections.
a. Construction Activities. 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 following laws and regulations providing protections for construction employees:
(1) Davis-Bacon Act, as amended, 49 U.S.C. § 5333(a), which requires
compliance with the Davis-Bacon Act, 40 U.S.C. §§ 3141 et seq., and implementing U.S. DOL
07-SC-056 Page 48 of 59
Orange County
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;
(2) Contract Work Hours and Safety Standards Act, as amended, 40
U.S.C. §§ 3701 et seq., specifically, the wage and hour requirements of Section 102 of that Act
at 40 U.S.C. § 3702, and implementing 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; and the safety requirements of Section 107
of that Act at 40 U.S.C. § 3704, and implementing U.S. DOL regulations, "Safety and Health
Regulations for Construction," 29 C.F.R. Part 1926; and
(3) Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. § 874, and
implementing U.S. DOL regulations, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R.
Part 3.
b. 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.
07-SC-056 Page 49 of 59
Orange County
c. 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 pertorming Project
work involving commerce.
d. Public Transportation Employee 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 19. 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.
07-SC-056 Page 50 of 59
Orange County
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 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 Federal Government.
Section 20. Energy Conservation. The Contractor agrees to comply with the North
Carolina Energy Policy Act of 1975 (N.C.G.S. 1138) 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. To the extent applicable, the Contractor
agrees to pertorm an energy assessment for any building constructed, reconstructed, or
modified with State assistance, as provided in FTA regulations, "Requirements for Energy
Assessments," 49 C.F.R. Part 622, Subpart C.
Section 21. 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
07-SC-056 Page 51 of 59
Orange County
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 modifred after having left the place of origin.
The Contractor acknowledges that Federal and State requirements prohibit the use of
vehicles, facilities and equipment 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 22. 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
07-SC-056 Page 52 of 59
Orange County
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 23. Metric Svstem. As practicable and feasible, the Contractor agrees to accept
products and services with dimensions expressed. in the metric system of measurement.
Section 24. Substance Abuse. To the extent applicable, the Contractor agrees to comply
with the following-Federal substance abuse regulations:
a. Drua-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 Drua 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 25. 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 26. 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.
07-SC-056 Page 53 of 59
Orange County
Section 27. Disputes, Breaches. Defaults, or Other Litigation. The Contractor agrees that
the Department have 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 28. Amendments to the Proiect. 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 to this Agreement for the Project signed by the origins! 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 ifs
Application or this Agreement for the Project.
07-SC-056 Page 54 of 59
Orange County
Section 29. Information Obtained Through Internet Links. This Agreement may include
electronic links/VI/eb 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 30. 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 31. Termination of Agreement.
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
Department to terminate the Agreement for the Project. In general, termination of 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 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 State assistance provided for the
07-SC-056 Page 55 of 59
Orange County
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 thirty (60) days in advance of the
termination.
07-SC-056 Page 56 of 59
Orange County
Section 32. 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 Department:
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Name: MS RUTH SAPPIE Name: MS RUTH SAPPIE
Title: ASSISTANT DIRECTOR Title: ASSISTANT DIRECTOR
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 230
Fax: 919-733-2304
Email: RSAPPIE DOT.STATE.NC.US
For the Contractor:
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:
07-SC-056 Page 57 of 59
Orange County
Section 33. Federal Certification Regardinq Lobbying. The Contractor certifies, by signing
this Agreement, its compliance with Subsection 3d of this Agreement.
Section 34. Federal Certification Regardinq Debarment. The Contractor certifies, by
signing this Agreement, its compliance with Subsection 3b of this Agreement.
Section 35. Federal Certification Regarding 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
24 of this Agreement.
07-SC-056
Orange County
Page 58 of 59
fN 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: .
CONTRACTOR'S FISCAL YEAR END: ~~ yU ~ ,~ Q ~~~ `7
B
TITLE:
ATTEST:
TITLE:
DEPARTMENT OF TRANSPORTATION
BY:
TITLE: DEPUTY SECRETARY FOR TRANSIT
ATTEST:
TITLE: SE ETARY
07-SC-056
Orange County
Page 59 of 59
w t
~~TARo
s ~§~
~~@ a~
a,..
MICHAEL F. EASLEY
GOVERNOR
October 17, 2006
Mr. Barry Jacobs
Chairperson
Orange County Board of Commissioners
200 South Cameron Street
Hillsborough, North Carolina, 27278-2505
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
LYNDO TIPPETT
SECRETARY
RE: FY2007 Community Transportation Program (Section 5311)
CFDA No. 20.509
Project No. 07-SC-056
Dear Mr. Jacobs:
The North Carolina Board of Transportation completed their endorsement of a program of
projects on May 4, 2006 to support FY2007 Community Transportation Systems. The total
award for Orange County is $7,150, of which $6,435 is state funds and $715 is local funds.
Originals of the project agreement to be executed between Orange County and the North
Carolina Department of Transportation are enclosed. Please follow the enclosed. instructions for
execution and return of the agreements. Agreements must be executed prior to disbursement of
funds. We encourage everyone involved in the administration of the funding assistance to
become familiar with the terms and conditions in the agreement.
Funding by department, the period of performance, reimbursement percentage, WBS Elements,
and Purchase Order numbers are as follows:
Capital
Period of Performance:
Reimbursement Percentage:
July 1, 2006 =June 30, 2007
90%
WBS Element Number: 36226.77.4.3
Purchase Order Number: 5700000092
Total State (90%) Local 10%)
$7,150 $6,435 $715
MAILING ADDRESS:
NC DEPARTMENT ()F TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
1550 MAIL SERVICE CENTER
RALEIGH, NC 27699-1550
TELEPHONE: 919-733-4713
FAX: 919-733-1391
WWW. DOT. STATE. NC. USfTRANSIT/TRANSlTNET/
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH W ILMINGTON STREET
RALEIGH NC
Attached are your FY2007 Community Transportation Program (CTP) approved project budgets.
All invoices must be submitted using the Microsoft Excel invoice template (spreadsheet)
provided by the division. The revised invoice templates (version 2.52) are available for
download on the division's Web site at www.ncdot.or~/transit/transitnet/ -- from the
Operations and Planning menu, select Community Transportation Section. If you have any
questions on how to use the spreadsheet, contact Charlie Wright or send an E-mail to
ccwright(a~dot.state.nc.us.
After downloading the new invoice templates, please enter the following vendor number and
vendor address into the first invoice form. The vendor number and mailing address in your
reimbursement request must match your vendor account record.
Vendor Number: 15788
Vendor Address: PO BOX 8181
HILLSBOROUGH, NC 27278-8181
The executed grant agreement specifies that requests for reimbursement shall be submitted at
least quarterly for all eligible project costs. Grantees are encouraged to submit reimbursement
requests on a monthly basis. Grantees who do not request reimbursement within 30 days
following the end of the quarter are in breach of the contract and subject to the financial
assistance being withdrawn.
Please note that effective with all FY2007 grants, beginning October 1, 2006, additional forms
must be submitted with reimbursement requests to report on any payments made for contracting
activities with Disadvantaged Business Enterprise (DBE) firms. The DBE reporting forms are
available in the invoice template workbooks.
Any correspondence related to the financial management of this project should reference the
project number and purchase order number assigned to this project and should be sent to the
attention of Charlie Wright, Financial Manager, 1550 MSC, Raleigh, NC 27699-1550.
.Contact Charlie Wright at ccwri~ht(a,dot.state.nc.us or (919) 733-4713, extension 255, or Ruth
Sappie at rsappie(a~dot.state.nc.us or (919) 733-4713, extension 230 if you have any questions
regarding financial management of this project.
Sincerely,
~~ ,~~~~.
Ruth Sappie
Assistant Director of Administrative Services
Public Transportation Division
RS/sae
i
APPENDIX A
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
PROJECT NUMBER: 07-SC-056
APPROVED BUDGET SUMMARY
EFFECTIVE DATE 7/1/2006
PROJECT SPONSOR: ORANGE COUNTY
PROJECT DESCRIPTION: FY2007 RURAL CAPITAL PROGRAM
I. TOTAL PROJECT EXPENDITURES
DEPARTMENT - 4523 CAPITAL I - 36226.77.4.3
PERIOD OF PERFORMANCE JULY 01, 2006 -JUNE 30, 2007
11. TOTAL PROJECT FUNDING
TOTAL FEDERAL
CAPITAL - 36226.77.4.3 100% 0%
PURCHASE ORDER # 5700000092 $7,150 $0
TOTAL $7,150 $0
JV /V
$6,435
$6,435
$7,150
LOCAL
10%
$715
$715
~~ f
ti 9
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
APPROVED PROJECT BUDGET
PROJECT: 07-SC-056
SPONSOR: ORANGE COUNTY
W BS: 36226.77.4.3
----------------------------------------------------------------------------------------------
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 $ 3,500
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.) $ -
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 $ 1,650
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) $ -
~, ,~ R
i
OBJECT TITLE
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
APPROVED
BUDGET
$ -
$ -
$ -
$ -
$ 2,000
$ -
$ -
$ -
$ -
$ -
$ 7,150