557-26.pdf

SECTION I. GENERAL OVERVIEW

1.1 Overview

• Purpose – The Ohio Department of Transportation (ODOT) is seeking a consulting team for a task order contract for transit planning, research, and data reporting.

• Objective – To provide the Office of Transit with on-call support to assist with meeting federal and state requirements, conducting research to benefit rural transit agencies that can improve operations and efficiency, and conduct transit planning activities.

• Background – The Office of Transit is charged with many functions including managing and distributing funding, developing resources for urban and rural agencies, and providing compliance over agencies that receive funding from ODOT. In addition to core function support, the Office also needs assistance with research tasks that study rural transit operations and identify efficiencies and best practices.

Currently, there are 40 5311 agencies in Ohio. These agencies have limited staff to do strategic planning or regional coordination. Research and planning topics are expected to cover fares, long-distance trips to medical services, workforce employment, transit accessibility, regional coordination, alternative fuels operations, transit demand, and other topics as needed.

• Bidding, Contract Type, Selection, and Cost –ODOT Office of Transit may select one or multiple vendors for this contract. ODOT will award an Indefinite Deliverable, Indefinite Quantity (IDIQ) task-based, cost reimbursement contract. The total contract amount is unknown, as each task will be autonomous. ODOT and the successful proposer(s) will negotiate the costs for each approved task, separate from and in addition to, all other approved tasks. However, under no circumstance will the unit costs for direct labor, the percent of allowances for overhead and general administration, or the net fee exceed the amounts or rates agreed upon prior to entering the contract. Contract(s) will run through

June 30, 2027.

• Pre-bid meeting – There will be an optional virtual pre-bid meeting hosted via Teams on April 17, 2025 at 1:00 P.M – 1:30 P.M. Meeting link

SECTION II. SCOPE OF WORK

2.1 Scope of Work

The successful firm, or team of firms, will be required to assist with the following tasks:

• Task #1: Contract Management. Manage the contract, including the budget, staff resources, progress reports, and invoices. Hold regular meetings with ODOT staff to review progress on tasks.

• Task #2: Research: Lead research subtasks on fares, transit technology, rides to medical services, workforce development, and regional coordination efforts across a variety of geographies. These subtasks may overlap. The results of these subtasks will be targeted at assisting rural agencies with operational efficiencies, better service coverage, more strategic decision making, and potentially assisting ODOT with funding strategies for regional services or targeted service investments. This work will require some stakeholder outreach and stakeholder meeting facilitation. The final products from these subtasks may be shared with external partners, so document production will result in easy-to-read narratives and compelling graphics.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzQ0Yzg1YzYtNTFjNS00N2U3LTgxZmMtY2ExZjQ2NTMyMDIz%40thread.v2/0?context=%7b%22Tid%22%3a%2250f8fcc4-94d8-4f07-84eb-36ed57c7c8a2%22%2c%22Oid%22%3a%22500b03f4-43f1-4d96-812a-98946d80a37a%22%7d

• Task #3: Planning: The Office of Transit may need assistance with statewide, local, and regional transit planning efforts. These efforts could be minor and targeted to one agency or could include multiple agencies and aim to coordinate operations and capital projects across multiple agencies. The

Office of Transit may also re quire assistance with statewide transit planning efforts including the development of a Statewide Transit Plan, or program development support.

• Task #4: Alternative Fuels Operations: ODOT has added alternative fuel vehicles to the state term vehicle contract. This allows rural transit agencies to add alternative fuel vehicles to their fleet. ODOT is looking for consultant teams that have expertise in battery electric, propane, CNG, and hydrogen fuel cell vehicles and supportive infrastructure. ODOT may need consultant support to ensure that rural agencies that want to add these types of vehicles have considered their facility capacity, staff capacity, operations, training requirements, and maintenance requirements. Each agency will be a separate subtask. ODOT may also need some general support in planning, grants, and research for alternatives fuels. This task may require in-person work. Consultants may need to do in-person visits with rural agencies.

• Task #5: Data and Reporting: This task will be used as needed to ensure ODOT can meet all federal and state reporting requirements. Work is expected to include analysis and evaluations for service data, demographic data, performance measure development and monitoring, standardized data reports utilizing transit system scheduling and dispatching software, and financial reporting. To ensure timely reporting, the consultant team may be required to visit some transit agencies in-person to assist with data standardization and reporting. ODOT anticipates needing assistance in development of GTFS and maintenance of GTFS for both rural and urban agencies. The Office of Transit has begun the process of incorporating GTFS data into TIMS. ODOT may need assistance with preparing data to be included in TIMS.

• Task #6: Project Management: ODOT Office of Transit requires project management assistance on special projects. This work may cover topics such as facilities, discretionary grant applications, research projects, or other opportunities that arise during the contract. For facilities work, the project manager and team may be required to provide day-to-day oversight, manage scope, budget, and schedule, lead technical work, conduct site visits, ensure compliance with all applicable Federal requirements, monitor and report on construction progress, support environmental assessments, support contract development and execution, and provide strategic direction to projects. An understanding of FTA rules, regulations, policies, and FTA project management oversight will be essential to this work. Other project management work may include technical writing, independent research, information gathering and data collection, data analysis, and managing projects scope, budget, and schedule.

• Task #7: 5307 Governors Apportionment Support: Working with Ohio’s Small Urban Systems that are part of the Governors Apportionment to provide technical assistance support, program development, and personnel development. Working with ODOT, each agency will identify specific areas of focus of their program where support is warranted. Technical assistance will include areas of the FTA program such as FTA compliance, financial management, procurement, data gathering and reporting, financial statement, and NEPA. For program development tasks may include the development of long-term goals, service strategies, funding strategies, and grant support. Personnel development may include elements such as peer-to-peer exchange, training development, succession planning, and process documentation. Site visits will be required for this task.

SECTION III. PROPOSAL SUBMISSION GUIDELINES

Sensitive Personal Information: It is the sole responsibility of the vendor submitting a proposal to remove all personal confidential information (such as home addresses and social security numbers) of vendor staff and/or of any subcontractor and subcontractor staff from resumes or any other part of the proposal package.

Following submission to ODOT, all proposals submitted may become part of the public record. ODOT reserves the right to disqualify any vendor whose proposal is found to contain such prohibited personal information.

Proposal Submission Requirements

A. Proposal Submission

Vendors must submit their Bid Responses electronically in Ohio Buys before the published deadline date & time, Columbus, Ohio local time on the Proposal due date. Vendors will not be able to submit Bid Responses, or unsolicited Proposal amendments after the deadline.

Vendors must allow adequate time for uploading a Bid Response prior to the due date and time. ODOT recommends that vendors submit Bid Responses as early as possible. If a second round is issued for any reason, vendors must resubmit their bid if they had already submitted in a previous round, as the previously submitted Bid Responses do NOT carry over to the new round.

The Signature process takes place after the award now. The email will come from documents@esign.ohio.gov and will go to the signatory that was identified in the bid submission. The subject line will be the bid # Signature Request, (example: 101G-25 Signature Request).

No contract can be issued to your company until we receive your signature to complete the process. And you must have an OAKS Payor ID before a contract can be issued. To obtain that, you will need to go into https://ohiopays.ohio.gov.

B. Inquires

All inquiries must be submitted through Ohio Buys. Pre-proposal questions must be received no later than the close of business the Thursday prior to the scheduled opening date. An addendum being issued is dependent upon the information received and the impact on the competitive bidding process.

Proposers are NOT to contact any other ODOT office, including District offices, for responses to pre-bid questions.

Proposal Response

The RFP Proposal response must contain information on how the Proposer intends to perform the services outlined in the RFP. Omission of required information may render a Proposer ineligible, and incomplete responses may result in the loss of points. The selected Proposer will become the Vendor of record with ODOT.

Proposers must submit a response for the following areas:

A. Implementation/Management Plan/Work Plan

B. Organizational Structure/Staffing Plan mailto:documents@esign.ohio.gov https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fohiopays.ohio.gov%2F&data=05%7C02%7CTodd.VanKirk%40dot.ohio.gov%7C1ac0731aa3fa4f066d5408dc7b4d0c36%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638520818049379076%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=v8I%2Ba6H4M2smMVdNcvpoDrB2Dqsn4%2FJvMONLWyfwoxE%3D&reserved=0

C. DBE Participation Plan

D. Cost Proposal (submitted SEPARATELY ATTACHMENT)

E. Completed and signed required FTA Federal Clauses

Collectively, Parts A and B may not exceed 20 pages.

A. Understanding and Approach

The Proposer shall submit a statement of the Proposer’s understanding of the scope and his/her/their capabilities to perform the requirements of the RFP, along with a narrative of how the

Proposer intends to implement and manage each of the tasks set forth in this RFP. Provide a technical description of the methodology anticipated in the performance of the services described above. Other good innovative and creative approaches to accomplish the goals of the contract will be given consideration and should also be included in this section.

B. Organizational Structure and Experience

The Proposer must provide the names and résumés of each individual that will be working on the RFP. Designate the individual who will be committed to ensuring performance of all tasks under the prospective contract (Project Manager). Provide a résumé and contact information for the Project Manager. Please provide a staffing plan the list any other professionals who will be given key responsibilities in fulfilling the requirements necessary to perform the services. Provide supporting documentation, such as a résumé, for each individual summarizing their experience on similar assignments or projects. Each résumé must identify each employee with the years of service, educational background, the duties and responsibilities for that employer, and a phone number for a contact person. Identify each individual and the percent of time that each person would be assigned to each major task in the Scope of Services. Proposer must speak to task leaders availability throughout the contract.

C. DBE Participation Plan

Although this procurement has no DBE contract goal, and thus has no minimum requirement for

DBE participation, the Proposer must include a DBE Participation Plan documenting any proposed race-neutral DBE participation. Eligible DBEs are those certified by the Ohio Unified

Certification Program and listed in the Ohio Unified DBE Directory

(https://www.dot.state.oh.us/Divisions/ODI/SDBE/Pages/DBE-Directory.aspx). The DBE

Participation Plan must include one or more of the three items listed below, as applicable:

• Listing of DBE subconsultants including their names, their roles and responsibilities, their applicable NAICS code(s), and expected subcontract amounts

• A declaration that the proposer is a DBE and that the proposer is certified in applicable

NAICS code(s) (specify)

• A declaration that the proposer expects no DBE participation on this contract

D. Cost Proposal

The Proposer shall submit a SEPARATE Cost Proposal in the emailed response. Any proposal in which this Cost Proposal is not included will be considered non-responsive and the proposal will be rejected. The Proposer’s completed Cost Proposal shall become a part of the contract upon award of the contract.

https://www.dot.state.oh.us/Divisions/ODI/SDBE/Pages/DBE-Directory.aspx

The Cost Proposal shall be submitted in the Excel format. As a separate attachment from the proposal.

Scope of the cost proposal – With this being an IDIQ contract funded with FTA dollars, we need to include cost as a consideration in the scoring of proposals, but we are not held to the total proposed by the winning firm(s). Proposers should provide a cost estimate for the following scope of work:

• Task 1 –30 minute biweekly meetings, monthly invoices, management of any subs and their invoices, and creation of any subconsultant agreements needed for the work listed in tasks 2-5.

• Task 2 –10-15 page best practice document on transit apps for rural transit agencies.

Most rural agencies in Ohio use CTS (Trip Master) or Ecolane. The best practice document should guide agencies on the pros and cons of using apps for booking and fare payment. The paper should include consideration of apps sold by the scheduling and dispatching software providers and third party apps that could work with their software.

The research paper should include consideration of cost, both initial capital costs and ongoing fees; staff time to setup app; return on investment, i.e. time saved by reduced phone calls or less cash payments, etc. The research should include interviews with transit agencies deploying a variety of apps and their experiences. The research should also consider the benefits of apps for different modes.

• Task 3 – Develop a Regional Transit Plan for two neighboring counties to consider cross county operations and shared capital infrastructure. Both agencies operate countywide demand response service and fixed routes. The plan should include stakeholder engagement, a financial plan, concept of operations, recommendations for near-term, mid-term, and long-term improvements. The plan will need to be adopted by both transit agency boards.

• Task 4 – Develop an implementation plan for a rural transit agency that wants to replace

25% of the vehicles with electric vehicles. All 20 of their vehicles are small cutaway buses

(22’). The work will include a site visit to their existing maintenance facility to identify capital improvements necessary to install electric vehicle chargers. Work will also include the identification of the number of electric vehicles needed to replace 5 gasoline cutaways; identification of the types and number of chargers needed for the new vehicles assuming their existing operations; identification of additional equipment needed to facilitation the transition and maintenance of the vehicles; financial analysis on the increased electric utility cost; and identification of workforce training that needs to occur to ensure safe operations.

• Task 5 – Help three agencies develop GTFS. All three agencies have 4 four fixed routes.

None of the agencies have done any work to create GTFS, but they do have all of the necessary information on their routes.

• Task 6 – Help one agency who has concept designs for a maintenance/administration building get through NEPA. This work includes field work for Architectural Resource and/or Archeological surveys; as well as desktop research and completion of Class of

Action, Categorical Exclusion, Section 106, and Cultural Resources.

• Task 7 – Help 1 agency develop a federally compliant procurement for new scheduling and dispatching software, assisting them through the process. Additionally assist that same agency develop a FTA compliant procurement policy that will work for all sizes and types of procurements.

E. Signed FTA Required Federal Clauses

The proposer shall submit the included signed FTA federal clauses – ‘Certifications and

Restrictions of Lobbying’ and ‘Government-Wide Debarment and Suspension’ Submitted proposals not containing a signed Debarment and Suspension page may be rejected and deemed non-responsive. These two documents are Exhibits C and D.

F. Signed Affidavits

The proposer shall submit the included signed Affidavits for Affirmative Action and Non-collusion.

Submitted proposals not containing signed Affidavits may be rejected and deemed non-responsive. These two documents are Exhibits A and B.

Technical Proposal Score Sheet

Scoring of Technical Proposal

Technical Proposals will be collectively scored by a Proposal Review Team (PRT) appointed by ODOT. For each of the evaluation criteria given in the score sheet, reviewers will collectively judge whether the technical proposal does not meet, partially meets, meets or exceeds each criterion, and assign the appropriate point value. The scoring is by consensus and one official score sheet will be completed for each technical proposal that is scored.

Criteria for Considering the Cost Proposal

The cost proposal will be reviewed by the PRT. The grand total of the vendor’s cost proposal will be divided by that vendor’s final technical proposal score. This compares the cost with the quality of the technical proposal, which will provide an average cost-per-quality point earned on the technical proposal.

ODOT may, at its sole discretion, negotiate with all technically qualifying vendors for a revised cost proposal. Vendors may then: 1) Submit one last and best offer; 2) request that ODOT view its original cost proposal as its last and best offer; or 3) May formally withdraw from further consideration. The vendor shall formally indicate its choice according to directions provided by ODOT at that time. Upon receipt of all last and best offers, ODOT will then consider those vendors’ revised cost proposals.

PHASE I: Initial Qualifying Criteria

The proposal must meet all of the following Phase I proposal acceptance criteria in order to be considered for further evaluation. Any proposal receiving a “no” response to any of the following qualifying criteria shall be disqualified from consideration.

ITEM

PROPOSAL ACCEPTANCE CRITERIA YES NO

1 Was the vendor’s proposal received by the deadline as specified in the RFP?

2 Did the vendor submit a proposal comprised of a Technical Proposal and, in a separate, attachment, a Cost Proposal?

3 Did the vendor submit all necessary, and signed, required FTA clauses?

PHASE II: Criteria for Scoring of Technical Proposal

Qualifying technical proposals will be collectively scored by a Proposal Review Team (PRT) appointed by ODOT. For each of the evaluation criteria given in the following score sheet, reviewers will collectively judge whether the technical proposal exceeds, meets, partially meets or does not meet the requirements expressed in the RFP, and assign the appropriate point value, as follows:

0 6 8 10 Does Not Meet Requirement

Partially Meets Requirement

Meets Requirement

Exceeds Requirement

Technical Performance Scoring Definitions:

“Does Not Meet Requirement”- A particular RFP requirement was not addressed in the vendor’s proposal, Score: 0

“Partially Meets Requirement”-Vendor proposal demonstrates some attempt at meeting a particular RFP requirement, but that attempt falls below acceptable level, Score: 6

“Meets Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, potentially with only minor, non-substantial deviation, Score: 8

“Exceeds Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, and offers some additional level of quality in excess of ODOT expectations, Score: 10

A technical proposal’s total PHASE II score will be the sum of the point value for all the evaluation criteria.

The review team will collectively score each individual qualifying proposal. Technical proposals which do not meet or exceed a total score of at least 215 points (a score which represents that the selected vendor has the capability to successfully perform the project/program services) out of a maximum of 280 points, will be disqualified from further consideration, and its cost proposal will neither be opened nor considered.

Only those vendors whose Technical Proposals meet or exceed the minimum required technical points will advance to PHASE III of the technical proposal score sheet.

ITEM

EVALUATION CRITERIA Weight Doesn’t Meet

Partial Meets

Meet

Exceed

UNDERSTANDING AND APPROACH

Understanding and approach to transit research and planning for fares, transit technology, medical services, workforce development, and regional coordination.

Understanding and approach to transit planning for both localized issues and a statewide transit plan.

Understanding and approach to assessing rural transit agencies for deploying alternative fuels.

Understanding and approach to data reporting and analysis for service data, demographic data, performance measure development and monitoring, standardized data reports utilizing transit system scheduling and dispatching software, and financial reporting.

Understanding and approach to project management for FTA funded construction projects.

Understanding and approach to assisting small urban transit agencies.

ORGANIZATIONAL STRUCTURE AND EXPERIENCE

Qualifications of personnel – (education, experience, and training)

Resumes including identification of Contract Manager and task leads.

Proposer’s staff plan connects qualified staff to each individual task and is appropriately staffed for expertise and experience.

10 Proposer’s staff availability. 2

Column Subtotal of "Partially Meets" points

Column Subtotal of "Meets" points

Column Subtotal of "Exceeds" points

GRAND TOTAL SCORE:

Based upon the Grand Total Technical Score earned, does the vendor’s proposal meet or exceed the minimum technical score of 215 points?

Yes__________ No_____________

(If “No” vendor’s Cost Proposal will NOT be opened)

Cost Per Quality Point

Vendors Total Submitted Cost: ________________ / Grand Total Technical Score: ______________

Cost per Quality Point: _______________

The Technical Proposal with the lowest Cost per Quality point will be recommended for award of the contract.

If ODOT finds that one or more Proposals should be given further consideration, ODOT may select one or more of the highest-ranking Proposals to move to the next phase. ODOT may alternatively choose to bypass any or all subsequent phases and make an award based solely on the Proposal evaluation phase.

EXHIBIT A

AFFIRMATIVE ACTION AFFIDAVIT

(to be completed by firms with less than 50 employees)

(STATE OF )

(COUNTY OF )

I, of the of _____________________ in the County of , State of , of full age, being duly sworn according to law on my oath depose and state that:

1. I am of the firm of

, a bidder making a proposal inclusive upon the above-named project.

2. does not have 50 employees or more inclusive of all officers and employees of every type.

3. I am familiar with the affirmative action requirements of O.R.C. 125.11.1 and rules and regulations issued by the Ohio Department of Administrative Services pursuant thereto.

4. has complied with all affirmative action requirements of the

State of Ohio, including those required by the O.R.C. 125.11.1 and the rules and regulations issued by the Ohio Department of Administrative Services thereto.

5. I am aware that if does not comply with O.R.C. 125.11.1 and rules and regulations issued pursuant thereto, that no monies will be paid by ODOT until an affirmative action plan is approved. I understand that the contract may be terminated and may be debarred from all public contracts for a period up to five (5) years for violation of said provisions.

6. In the event my workforce increases to 50 employees, I must contact the Ohio Affirmative Action office and complete an Employee Information Report.

Signature of Authorized Official Title

EXHIBIT B

NON-COLLUSION AFFIDAVIT

(STATE OF )

(COUNTY OF )

I, of the of _______________________ in the County of , State of , of full age, being duly sworn according to law on my oath depose and state that:

I am of the firm of

, a bidder making a proposal inclusive upon the above named project, and that I executed the said proposal with full authority to do so: that said bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that ODOT relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by .

(Name of Contractor)

Signature of Authorized Official Title

EXHIBIT C

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Recipients, contractors, and subcontractors that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) with which they propose to contract or subcontract is not excluded or disqualified. This is done by: (a) checking the SAM exclusions; (b) collecting a certification from that person (found below); or (c) adding a clause or condition to the contract or subcontract.

Instructions for Certification: Signing below indicates the prospective lower tier participant is providing the signed certification.

(1) It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on

Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR part 180,

(2) To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:

a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:

1. Debarred,

2. Suspended,

3. Proposed for debarment,

4. Declared ineligible,

5. Voluntarily excluded, or

6. Disqualified

b. Its management has not within a threeyear period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for:

1. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction,

2. Violation of any Federal or State antitrust statute, or,

3. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property,

c. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 2.b of this Certification,

d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a threeyear period preceding this Certification,

e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide that information to FTA,

f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:

1. Equals or exceeds $25,000,

2. Is for audit services, or,

3. Requires the consent of a Federal official, and

g. It will require that each covered lower tier contractor and subcontractor:

1. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and

2. Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be:

a. Debarred from participation in its federally funded Project,

b. Suspended from participation in its federally funded Project,

c. Proposed for debarment from participation in its federally funded Project,

d. Declared ineligible to participate in its federally funded Project,

e. Voluntarily excluded from participation in its federally funded Project, or

f. Disqualified from participation in its federally funded Project, and

(3) It will provide a written explanation as indicated on a page attached in FTA’s TrAMS platform or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its ThirdParty Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group., Certification

Contractor:

Signature of Authorized Official:

Da te / /

Name and Title of Contractor's Authorized Official:

EXHIBIT D

CERTIFICATION OF RESTRICTIONS ON LOBBYING

I, hereby certify

(Name and title of official)

On behalf of that:

(Name of Bidder/Company Name)

• No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

• If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit

Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

• The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by

31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure., Name of Bidder/Company

Name:

Type or print name:

Signature of authorized representative: Date /

Exhibit E

FTA Clauses

ACCESS TO RECORDS AND REPORTS

1. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records. (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

2. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. §

200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

3. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337.

4. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

CHANGES TO FEDERAL REQUIREMENTS

Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s

Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and

Applicable changes to those federal requirements will apply to each Third Party Agreement and parties thereto at any tier.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.

§ 74017671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 12511387). Violations must be reported to

FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of

$150,000:

Clean Air Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate

Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

Federal Water Pollution Control Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal

Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate

Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”

CIVIL RIGHTS LAWS AND REGULATIONS

The following Federal Civil Rights laws and regulations apply to all contracts.

The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation

“Nondiscrimination in FederallyAssisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue.

1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:

a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.

2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities

Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in

Programs or Activities Receiving Federal Financial Assistance,” 45

C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The

Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission

(EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity

The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C.

§ 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. §

2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract

Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No.

11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. 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, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the

Contractor agrees to comply with any implementing requirements FTA may issue.

3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621634, U.S. Equal Employment

Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age

Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part

90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.

4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42

U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

5. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

DEBARMENT AND SUSPENSION

Debarment and Suspension (Executive Orders 12549 and 12689). A covered transaction (see 2 C.F.R. §§ 180.220 and 1200.220) must not be entered into with any party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and

12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Recipient agrees to include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:

(1) Complies with federal debarment and suspension requirements; and

(2) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

(Does not apply to projects fully funded by the Tribal Transportation Program (TTP).)

It is the policy of the Agency and the United States Department of Transportation ("DOT") that Disadvantaged Business Enterprises

("DBE’s"), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOTassisted contracts.

The contractor or 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 49 C.F.R. part 26 in the award and administration of DOTassisted 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 Agency deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as nonresponsible. 49 C.F.R. § 26.13(b).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).

EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

http://www.sam.gov/

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September

24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order

11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive

Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as…