923456-26-6-3-2.pdf

ST. TAMMANY PARISH

MICHAEL B. COOPER

PARISH PRESIDENT

PROCUREMENT DEPARTMENT

P.O. BOX 628 | COVINGTON, LOUISIANA | 70434 | PROCUREMENT@STPGOV.ORG | 985-898-2520

WWW.STPGOV.ORG

Version 2026.1

June 22, 2026

Please find the following addendum to the below-mentioned RFP.

Addendum No.: 2

RFP#: 26-6-3

Project Name: STAR Transit Urban Operations

RFP Due Date: Thursday, June 25, 2026

QUESTIONS & ANSWERS:

Question 1. Can you please provide copies of the past twelve months of detailed invoices from your current provider?

Answer 1. Please refer to Attachment #1.

Question 2. Is the ability to provide a matching grant as mentioned in the RFP a requirement to submit a proposal?

Answer 2. Proposers must demonstrate their capacity to secure local matching funds. Proposers may choose any eligible match type, provided it fully complies with FTA Circular 5010.1F guidelines.

Question 3. Are current school bus operations throughout North America including the Greater New Orleans Area acceptable references to satisfy the requirement in Item C, qualifications and Experience?

Answer 3. Yes, current school bus operations throughout North America, including the Greater New Orleans Area, are acceptable references to satisfy the Qualifications and Experience requirement in Item C.

Question 4. The RFP states that the selected provider will be required to supply additional vehicles, can you provide the number and type of additional vehicles that the current provider is supplying?

http://www.stpgov.org/

Answer 4. The current contractor provides 15 vehicles full ADA compliant vehicles.

• 2---Braun Dodge Minivans: 4 passengers; 1 wheelchair

• 11---Elkhart Coach (Ford): 12 passengers; 2 wheelchairs

• 1---StarCraft (Ford): 12 passengers; 2 wheelchairs

• 1---Elkhart Coach (Ford): 12 passengers; 6 wheelchairs

Question 5. Section G of the Financial Proposal states that pricing must remain firm for the duration of the contract, while Attachment H includes pricing for each of the three contract years and option years. Should we include our proposed price escalation in the out years?

Answer 5. The contract consists of a three-year base period followed by two optional extension years. Proposers should include any price escalations for the option years. FTA requires the two option years to be included in the evaluation process.

Question 6. Please provide the address of the property from which your current provider operates.

Answer 6. The address is 61754 Highway 434, Lacombe, LA 70445

Question 7. Please provide a copy of your current provider’s executed service contract, including all amendments.

Answer 7. Please refer to Attachment #2-6.

Question 8. Turnkey Service Delivery Model (Sections 3.1 and 3.3) The RFP indicates that the Parish will provide ten vehicles and may purchase replacement vehicles as existing vehicles reach the end of their useful life. Would the Parish consider a turnkey operating model in which the Provider supplies all operational vehicles, technology systems (including rider and driver applications, scheduling and dispatch software, reporting tools, and related technology infrastructure), operational management, maintenance, customer service, and other services necessary to deliver the STAR Transit Urban Operations program, provided all service requirements identified in the RFP are met or exceeded?

If so, please advise whether the Parish would evaluate such an approach as an acceptable alternative to the operating model described in the RFP

Answer 8. Yes. The Parish will consider all proposals.

Question 9. Fleet Information (Section 3.3 – Vehicles) The RFP states that the Parish will provide ten vehicles and purchase replacement vehicles as the current fleet reaches useful life. Please provide the current fleet inventory, including year, make, model, mileage, and anticipated replacement schedule for each vehicle.

Answer 9. Please refer to Answer 4.

Question 10. Current and Future Operating Budget (Sections 3.1 and 3.6) Please provide:

a) the current annual operating budget for STAR Transit Urban Operations, including federal, state, local, farebox, and other funding sources; and

b) the annual operating budget assumed for this procurement.

Answer 10. a) $1,918,400.00

b) $2.7 Million, annually.

Question 11. Incumbent Contract Value (Section 3.1) What was the total compensation paid to the incumbent provider during the most recently completed fiscal year?

Answer 11. $2.7 Million less the provider contribution.

Question 12. Local Match Proposal Evaluation (Section 7.1) The RFP indicates that approximately $650,000 annually in additional local match should be identified or contributed by the Provider. Please clarify how the Local Match Proposal will be evaluated, including whether evaluation will consider:

a) the amount of match identified;

b) the certainty and documentation supporting proposed match sources;

c) direct Provider contributions; and/or

d) other evaluation factors.

Answer 12. All the above

Question 13. Documentation of Local Match Sources (Section 7.1) What level of documentation will be required to demonstrate the availability and commitment of proposed local match sources at the time of proposal submission?

Answer 13. Support Documentation must clearly identify the source, amount, status (committed or pending), availability period, and any conditions associated with the contribution at the time of application, at a minimum, respondents shall provide, but not limited to:

• Signed commitment letters from each funding source identifying the amount committed and intended use of the funds;

• Board resolutions, budget approvals, or other official authorizations, if applicable;

• Memoranda of Understanding (MOUs) or partnership agreements for contributions from collaborating organizations;

• Documentation supporting the value of any in-kind contributions, including the methodology used to determine the value; and

• Any additional documentation necessary to verify that matching funds or in-kind contributions are committed, available, and eligible for use under the proposed project.

Question 14. Provider Resources and Local Match Proposal (Section 7.1) If a proposer intends to utilize provider-owned vehicles, facilities, technology platforms, charging infrastructure, or other provider resources as part of its operating approach, how should those resources be reflected within the Local Match Proposal and associated pricing forms?

Answer 14. See Comment 13. Proposer would need to outline the value of all proposed contributions with the proper documentation.

Question15. Fuel Costs (Section 3.6) The RFP states that fuel costs will be reimbursed separately up to $175,000 annually. If the Provider utilizes battery-electric vehicles resulting in substantially reduced fuel expenditures, would the Parish permit those budgeted fuel funds to be redirected toward additional service hours, expanded service capacity, technology enhancements, or other eligible contract services?

Answer 15. The Parish will consider all proposals received.

Question 16. — Part II, Scope of Services; Attachment H Please define a billable "revenue hour." Does a revenue hour run from first passenger pick-up to last passenger drop-off, or from vehicle pull-out to pull-in? Please confirm whether deadhead travel, driver breaks, fueling, and training time are excluded from billable revenue hours.

Answer 16. Vehicle Revenue Hours (VRH) – The hours that vehicles are scheduled to or actually travel while in revenue service. Vehicle revenue hours include layover/recovery time. Vehicle revenue hours exclude:

• Deadhead;

• Operator training;

• Vehicle maintenance testing; and

• School bus and charter services.

Question 17. — Part II, Scope of Services The RFP states "up to 27,000 annual revenue hours." Is there a guaranteed minimum annual volume of revenue hours? How will compensation be addressed if actual hours purchased fall materially below 27,000 in any contract year?

Answer 17. There is no minimum. The Proposer/Contract is paid for vehicle revenue services rendered.

Question 18. — Attachment A — Vehicles / Maintenance Please provide the model year, current mileage, maintenance history, and remaining warranty status for each of the ten (10) Parish-owned Starcraft buses. Given that the Provider maintains Parish vehicles at its own cost, does that obligation extend to major component failures (e.g., engine, transmission, or wheelchair-lift replacement) on vehicles approaching the end of their FTA useful life?

Answer 18. Maintenance applies to ALL maintenance. STAR Transit follows all FTA guidelines in terms of useful life. Fleet inventory below.

Question 19. — Part IV, Section 4.1 — Fuel Cap/Contribution

(a) How is fuel to be purchased — through Parish fuel cards or by Provider purchase reimbursed at cost as a separate invoice line item? (b) What price threshold or mechanism will constitute a fuel "spike" to be addressed on a case-by-case basis? (c) Please confirm the $175,000 fuel contribution applies per contract year and resets annually.

Answer 19. Reimbursement after the 175,000 annually.

Question 20. — Attachment A — Fares Please provide the current fare schedule. Are fare payments limited to cash, or may the Provider accept electronic, card, or mobile fare payment, subject to Parish Council approval? Are drivers expected to handle cash only on an exact-fare basis?

Answer 20. Current fare structure

• 0 to 10 miles one-way $1.50 ($3 round trip)

• 11 to 25 miles one-way $2.50 ($5 round trip)

• 26+ miles one-way $4.00 ($8 round trip)

• Elderly Passengers 60+ Ride FREE from 7:30 a.m. - 2:30 p.m. (with COAST registration) The cost per trip is based on trip to one destination and return to same origin. All additional stops must be scheduled in advance. Drivers do not make unscheduled stops. Trips of 26 miles or greater are only reserved if the schedule permits.

Elderly passengers age 60 and older, the disabled, Medicare cardholders and children between the ages of six and twelve will be eligible for half fare. Children under five years of age are allowed to ride free. Passengers under the age of 17 must be escorted by a person as least 18 or older.

Question 21. — Part II, Scope of Services; Attachment H To assist Proposers in preparing accurate and competitive pricing, please provide for each of the last three (3) contract years: (a) the contracted rate per revenue hour paid to the current Provider for the urban service, and (b) the total number of passenger trips provided annually, broken down between urban and rural service if available.

Answer 21. This RFP does not include Rural services. That is a separate contract. This RFP is for Urban only with average vehicle revenue hours of 40,000 annually.

Question 22. — Part II — Local Match; Part III — Evaluation Criteria What documentation is required to substantiate "provided or identified" local match? Do Provider in-kind contributions (e.g., vehicles and facilities) count equally with cash contributions for purposes of the 15-point local match scoring formula? Can the Parish describe the composition of the current approximately $722,000 annual local match?

Answer 22. Please refer to Answers 13 & 14.

Question 23. — Part II — Local Match; Attachment A — Fares; Section 5.29 — Payment

(a) Will revenue from third-party human-service agency or Medicaid NEMT trip purchases, for trips delivered on STAR vehicles within the urban service area, be credited as eligible local match? (b) How should such third-party revenue be reflected in monthly invoicing relative to the fare provisions of Attachment A — e.g., as a credit against the monthly invoice in the same manner as passenger fares? (c) If actual third-party revenue in a given month or year falls short of the amount identified in a proposal, will such identified match be treated on an as-collected basis, or is the Provider obligated to fund the shortfall? (d) Are "provided" (committed) and "identified" (projected third-party) match sources weighted or scored differently under the 15-point local match criterion?

Answer 23. a. Please refer to Answers 13 & 14. All proposals will be reviewed with the RFP criteria advertised.

b. Please refer to Answers 13 & 14. All proposals will be reviewed with the RFP criteria advertised.

c. The contribution submitted by the winning proposer becomes a contractual obligation and any variation would be a breach.

d. Please refer to Answers 13 & 14. All proposals will be reviewed with the RFP criteria advertised.

Question 24. — Part I, Section 1.5.H — References If a Proposer has fewer than five (5) public-jurisdiction references, will the Parish accept private-sector or affiliated-company references for the remainder, or will the proposal be deemed non-responsive?

Answer 24. Listing references that are non-public would not be deemed non-responsive. The references are considered in the scoring of the proposal.

Question 25. — Part III — Evaluation Criteria (Veterans/Hudson Initiative) Is the five (5) point Veterans Initiative / Hudson Initiative criterion awarded on the basis of certification alone, or proportionally to the percentage of certified small entrepreneurship participation proposed?

Answer 25. If the Proposer is Veteran Certified or Hudson Certified they will be awarded the full five (5) points. If a SubProvider is being used they will receive a .5 points for every 10% of work they are given.

Question 26. Part IV, Section 4.2 - Performance Measurement; STPG’s Responsibilities, Item 1 Section 4.2 is omitted; however, the Parish indicates it will randomly sample trips for on-time performance and other measures. Will the resulting contract contain defined on-time performance targets, trip-time standards, or liquidated damages? If so, please describe them.

Answer 26. No. All operational requirements will be outlined in the contractual agreement. The proposal should outline the contractors ability to meet the service requirements.

Question 27. — Part II, Scope of Services When trip demand exceeds the budgeted service hours, what policy governs trip denials and prioritization, and will the Provider be held harmless for denials resulting from the budget limitation?

Answer 27. All policies will be part of the contract. The provider will need to provide services within the budgetary constraints. The ability to provide services should be included in the proposal.

Question 28. — STPG’s Responsibilities — Equipment and Facilities The RFP states the Parish "has a variety of assets that will be available for use by the Provider."

Please identify those assets. Will the incoming Provider receive the existing rider database, eligibility records, and historical trip data in time to support an October 1, 2026 service start?

Answer 28. The main asset is the vehicles. The data would be able to be provided based on the contract with he provider.

Question 29. — Attachment A — Facilities Are the Parish-owned vehicles currently stored at a Parish facility or yard, and would that facility be available for the Provider’s use or lease during the contract term?

Answer 29. The vehicles are currently stored with the operating provider. St. Tammany does not currently have a secured site for the vehicles.

Question 30. — Part II — Insurance Requirements Please confirm the $5,000,000 umbrella/excess liability requirement sits excess of the underlying commercial general liability, automobile liability, and employer’s liability limits, and whether the requirement may be satisfied through a combination of primary and excess layers.

Answer 30. The Excess liability is only required when the primary coverage limits do not meet the requested limits. The general, auto and employer’s liability requirements can be satisfied through a combination of primary and excess layers. It must be clearly noted on the certificate which liability coverages the excess liability follows.

ATTACHMENTS:

1. STAR Transit Invoice Breakout.pdf

2. Executed Contract No. 21-079.pdf

3. Executed Amendment No. 1 Contract No. 21-079.pdf

4. Executed Amendment No. 2 Contract No. 21-079.pdf

5. Executed Amendment No. 3 Contract No. 21-079.pdf

6. Executed Amendment No. 4 Contract No. 21-079.pdf

End of Addendum # 2

STAR Transit Invoicing Invoice Month

Operations Charge Fuel Cost Fares Total Invoice

July-25 $118,627.86 $12,763.32 ($1,598.75) $129,792.43

August-25 $138,379.59 $14,124.26 ($1,828.75) $150,675.10 September-

25 $135,111.00 $15,365.17 ($1,757.75) $148,718.42

October-25 $134,952.25 $13,561.47 ($1,820.00) $146,693.72

November-25 $141,759.57 $14,475.71 ($1,977.51) $154,257.77

December-25 $113,532.11 $11,203.66 ($1,470.25) $123,265.52

January-26 $124,928.61 $11,106.95 ($1,681.00) $134,354.56

February-26 $107,567.69 $9,739.22 ($1,485.50) $115,821.41

March-26 $107,228.97 $9,499.85 ($1,505.50) $115,223.32

April-26 $130,429.62 $14,231.38 ($1,873.50) $142,787.50

May-26 $114,007.51 $15,047.52 ($1,739.50) $127,315.53

June-26 $108,730.12 $16,651.07 ($1,602.25) $123,778.94

Totals $1,475,254.90 $157,769.58 ($20,340.26) $1,612,684.22

AMENDMENTTOCONTRACTAGREEMENT

BY AND BETWEEN THE PARISH OF ST. TAMMANY GOVERNMENT

AND

ST TAMMANY COUNCIL ON AGING"INC

· Contract No.:21-079, Amendment No.:2

Be it known, that on this_ day of ________ , 202_, the Parish of St. Tammany

Government, through the Office of the Parish President (hereinafter sometimes referred to as the

"Parish") and ST TAMMANY COUNCIL ON AGING INC, an entity qualified to do and doing business in this State and Parish (hereinafter sometimes referred to as "Provider") do hereby enter into this Amendment No.:2 to Contract No.:21-079 for STAR transit Urban Operations

2021. This Contract Amendment supersedes the previous Contract only where any conflict exists. This Amendment controls any conflicts of any term or condition. This Amendment is designed to only include additional terms and conditions. To that extent, this Contract

Amendment is not intended as a novation of the remaining terms and conditions of the original documentation.

SCOPE OF SERVICES

The scope of the previous Contract is hereby modified hereinafter;

The Parish requires Amendment Nb.: 2 to Contract No.: 21-079 between the Parish and St

Tammany Council on Aging Inc. for STAR Transit Urban Operations 2021. The Parish is amending the Contract scope as follows:

8 October 4

At this time, the Parish is amending the contract for the same terms and conditions and the term of the contract will be extended through September 30, 2025. The original Contract was $5,755,200.00, Amendment No.: I added additional buses no additional compensation was added; Amendment No.: 2 will increase compensation by $1,918,400.00, therefore, the revised contract total is $7,673,600.00. Provider is required to comply and assures compliance with the FTA Clause provisions contained in Attachment A.

Provider authorizes Parish to deduct from any payment due herein costs and service fees for recordation of this Amendment in full or an excerpt hereof, or any revisions or modifications thereof as required by law.

The scope includes only the additional services to be rendered and only the value of such additional services under new scope listed above. Provider agrees to update, provide and/or substantiate all applicable policies of insurance and bonding, as is required and/or requested by the Parish.

Approved By: ~ ~ Date: fc) ... y:,,;-y _________ ...._____________ '

Risk Manager St. Tammany Parish Government

Contract No.:21-079, Amendment No.: 2 Page2 of4

WITNESSES: PROVIDER:

dU.wl"- l Ck~ £ik [J . LU Signature

Print Name

WITNESSES:

Av14 A~ kJ • Kiu{e[ Print Na

Title

09 (~o ( ;10~1 Date

. ST. TAMMANY PARISH

GOVERNMENT:

J'aAmLl _, ...:::,.

Signature lli~ ~c~ Michael B. Cooper U Parish President

Sarah Meyer Print Name

~ {[)JPJu~ Signature

~,ene ' ]) v tr v r✓~, Print Name

Jo /OB/202'{-oate I 1

Page3 of 4

APPROVED ✓ A A

B~O~}

Assistant DistricLAtt~vil Division

10/1/rJoJ-t Date / /

Page 4 of4

Attachment A

FT A MANDATORY PROVISIONS

Bidders are required to note that St. Tammany Parish is an FTA (Federal Transit Authority) grant recipient and that FTA funds will be used to complete this project. Bidders and Contractors must adhere to any and all terms and conditions required by FTA. All bids and contracts must contain the applicable certifications, duly executed, which are contained in the following document. Failure to do so may result in St. Tammany Parish's refusal to consider the proposal or bid.

Upon thirty (30) days of written request by the Parish, Contractor shall provide a signed certification statement that it has complied with any and all FTA requirements included but not limited to the FTA Clauses. Should there be any claims made by FTA for reimbursement of funds due to the negligence, whether intentional- or not, fault or inaction of Contractor or its employees, agents, subcontractors or assigns, Contractor shall be liable to the Parish for any and all damages it sustains, including, but, not limited to, the amount of the reimbursement claim, the inability to obtain future grant funds and any and all other damages sustained by the Parish.

It is mandatory that any and all contracts entered into by contractor with subcontractors include the appropriate FTA clauses. Prior to execution of.the subcontract, Contractor shall provide the Parish with a copy of the proposed contract with the subcontractor so that the Parish can review same for compliance with this section.

FEDERAL TRANSIT ADMINISTRATION

Appendix 1

TABLE OF CONTENTS (Appendix 1 -Governing Documents)

A.1 - Federally Required and Other Model Contract Clauses

1. Fly America Requirements

2. Buy America Requirements

3. Charter Bus and School Bus Requirements

4. Cargo Preference Requirements

5. Seismic Safety Requirements

6. Energy Conservation Requirements

7. Clean Water Requirements

8. Bus Testing

9. Pre-Award and Post Delivery Audit Requirements

10. Lobbying

11. Access to Records and Reports

12. Federal Changes

13. Bonding Requirements

14. Clean Air

15. Recycled Products

16. Davis-Bacon and Copeland Anti-Kickback Acts

17. Contract Work Hours and Safety Standards Act

18. [Reserved]

19. No Government Obligation to Third Parties

20. Program Fraud and False or Fraudulent Statements and Related Acts

21. Termination

22. Government-wide Debarment and Suspension (Nonprocurement)

23. Privacy Act

24. Civil Rights Requirements

25. Breaches and Dispute Resolution

26. Patent and Rights in Data

27. Transit Employee Protective Agreements

28. Disadvantaged Business Enterprises (DBE) _29. [Reserved]

30. Incorporation of Federal Transit Administration (FTA) Terms

31. Drug and Alcohol Testing

32. Prompt Payment

Applicability to Contracts

1. FLY AMERICA REQUIREMENTS

49 u.s.c. § 40118

41 CFR Part 301-10

The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S.

air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act.

Flow Down Requirements The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.

Model Clause/Language The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes· the following language.

Fly America Requirements The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate_ of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

Applicability to Contracts

2. BUY AMERICA REQUIREMENTS

49 u.s.c. 5323(j) 49 CFR Part 661

The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000).

Flow Down The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America.

Mandatory Clause/Language The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by FT A.

Buy America - The contractor agrees to comply with 49 U.S.C. 5323U) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in

FTA-funded projects are,produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, ano include final assembly in the Uniteq $t_ates for 15 pass!;lnger vans c!nd 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate reqliirementsfor rolling stock are set out at 49 U,S.O. 53230)(2)(C) and 49 C.F .R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

A bidder or offerer must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a gene(al waiver. Bids or offers that are not accompanied by i§I completed Buy AmeriCc! certification must be rejected as nonresponsive. This requirement does riot apply to lower tier subcontractors.

Certification r~quirement for procurement of steel, iron, or manufactured products.

Certificate of Compliance with 49 U. s. c. 5323(j)( 1)

Tlie bidder or offerer hereby certifies th.at it will meet the requirements of 49 U.S.C. 53230)(1) and the applicab)e regulations in 49 C.F.R. Part 661.5. ·

Date 5,e,~lu./" 80 I Q..B ;Jj

:::;:Nam~~ ~~Lu,..,~ I n ~, ~ Title ~ r~h've__ Id,' ,e.,c!,✓ Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offerer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 961.5, but it may qualify for-an exception pursuant to 49 U.S.C. 53230)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date ------------------------~------

Signc!ture -------------------------------

Company Name ____________________________ _

Title --------------------------------- Ce rt i fi cation requirement for pro_cllrement of buses, other rolling stock and associated equipment.

Ce,tiflcate of Cqmpliance with 49 U. S.C. 5323(j)(2)(C).

The! bidder or offerer hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(0) ahd the regulations at49 C.F.R. Part 661.11.

Date Sr~- 2() /)o;){ Si~nature ~ , J2;zJ Company Name ~ To .mYY\0:--\,., U Cou)'-<!.A ( oh. t\.-1:i~ Title -----"'0~'[._l-=~=----="'-'' -J'"""R...~h""-L:.,1.:.....,:r .1. ...... c"""'±t'"'"'r<_,__J ______________ _

Certificate of Non-Compliance with 49 U.S. C. 5323(j)(2)(C)

The bidder or offerer hereby certifies that it cannot comply with the requirements of 49 U.S.C.

5323U)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323G)(2)(A), 5323U)(2)(B), or 5323U)(2)(D), and 49 CFR 661. 7.

Date ----------------------------------

Signature

Company Name _____________________________ _

Title _________________________________ _

Applicability to Contracts

3. CHARTER BUS REQUIREMENTS

49 U.S.C. 5323(d) 49 CFR Part 604

The Charter Bus requirements apply to the following type of contract: Operational Service Contracts.

Flow Down Requirements The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier service contractors.

Model Clause/Language The relevant statutes and regulations do not mandate any specific clause or language. The following clause has been developed by FT A.

Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9.

Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation.

Applicability to Contracts

3. SCHOOL BUS REQUIREMENTS

49 U.S.C. 5323(F) 49 CFR Part 605

The School Bus requirements apply to the following type of contract: Operational Service Contracts.

Flow Down Requirements The School Bus requirements flow down from FTA recipients and subrecipients to first tier service contractors.

Model Clause/Language The relevant statutes and regulations do not mandate any specific clause or language. The following clause has been developed by FT A.

School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities.

4. CARGO PREFERENCE REQUIREMENTS

46 u.s.c. 1241

46 CFR Part 381

Applicability to Contracts The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels.

Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel.

Model Clause/Language The MARAD regulations at 46 CFR 381. 7 contain suggested contract clauses. The following language is proffered by FTA.

Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

5. SEISMIC SAFETY REQUIREMENTS

42 U.S.C. 7701 et seq. 49

CFR Part41

Applicability to Contracts , The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings.

Flow Down The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to assure compliance, with the applicable building standards for Seismic Safety, including the work performed by all subcontractors.

Model Clauses/Language The regulations do not provide suggested language for third-party contract clauses. The following language has been developed by FT A.

Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.

Applicability to Contracts

6. ENERGY CONSERVATION REQUIREMENTS

42 U.S.C. 6321 et seq.

49 CFR Part 18

The Energy Conservation requirements are applicable to all contracts.

Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier.

Model Clause/Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by

FTA:

Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

Applicability to Contracts

7. CLEAN WATER REQUIREMENTS

33 u.s.c. 1251

The Clean Water requirements apply to each contract and subcontract which exceeds $100,000.

Flow Down The Clean Water requirements flow down to FT A recipients and subrecipients at every tier.

Model Clause/Language While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements:

Clean Water - (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 film. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 fin_anced in whole or in part with Federal assistance provided by FTA.

Applicability to Contracts

8. BUS TESTING

49 U.S.C. 5323(c) 49 CFR Part 665

The Bus Testing requirements pertain only to the acquisition of Rolling Stock!Turnkey.

Flow Down The Bus Testing requirements should not flow down, except to the turnkey contractor as stated ih Master Agreement.

Model Clause/Language Clause anq language· therein are merely suggested. 49 CFR Part 665 does not c~mtain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. Bus Testing Certification and language therein are merely suggested.

Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following:

1) A manufacturer of a new bus model or a bus produced with a major change in components .or configuration shall provide a copy of the final test report to the recipient at a point .iri the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle.

2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the p1;iblic.

3) If the manufacturer represents that the v~hicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing.

4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and addresis of the recipient of such a vehicle and the details bf that vehicle's configuration and major components.

CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS

The undersigned (Contractor/Manufacturer] certifies that the vehicle offered in this procurement complies with 49 U.S.C. A 5323(c) and FTA's impl~menting regulation at 49 CFR Part 665.

The undersigned understand~ that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation'.s regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under tM procedures in 49 CFR Part 29.

Date: 1S.e_~ ~D I Qfo:v.j Signature:. \ ~ ~ Company Name: 75t. T C!{_,I(½ ~1 ~ I ""'-- A-=61·,r#!j

Title: Exec M -;h' I/ .e hl I ,f e c:hv:

.9. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS

49 u.s.c. 5323

49 CFR Part 663

These requirements apply only to the acquisition of Rolling Stock/Turnkey.

Flow Down The~e requirements shbuld not flow down, except to the turnkey cbntractor as stated ih Master Agreement.

Model Clause/Language Clause and language therein are merely suggested. 49 C.F.R Part 663 does not conrain specific language to be included in third party contracts but does contain requirernents applicable to subrecipients and third party contractors. ·

- Buy America certification is niarid.ated under FTAregulation, ''Pre-Award and Post-Deliyery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13. ·

~ Specific language for the Buy America certification is mandated .by FT A regulation, "BuyAmerica Requirements---Surface Transportation Assistance Act of 1982, as amended,"

49 G.F.R. 661.12, but has been modified to include FTA's Buy America requirements codified at 49 U.S.C. A 53230).

Pre-Award and Post-Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. § 5323(1) and FT A's implementing regulation at 49 C.F .R. Part 663 and to submit the following certifications:

(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America, If the Bidder/Offerer certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assemply point for the rolling stock, including a description of the activities that will' take plape at the final assembly point and the cost of final assembly.

(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications.

(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contra9tbr shall submit 1) manuf~cturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) m~nufacturer's certified statement that the contracted buses will not .be subject to FMVSS regulations.

BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS

FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT

(To be submitted with a bid or Qffer exceeding the small purchase threshold for Federal assistance programs, currently set at $100,000.)

Certificate of Compliance

The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 53230)(2)(C);

Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations of49 C,F.R.661.11:

Date: ~ oO, c:J..0:2_,i /1 I

Signature:. 1~6,J. L£.iJ Campa~ Name: ~. T@ !:'.YI IM~ Co u AA C ;,' l 61L ~• 7 Title: 6 Xe,,~\; l 'fct.' f' l 0-hs-r' Certificate of Non-Compliance

The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section 53230)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the requirements consistent with 49 U.S.C. Sections 53230)(2)(6) or 0)(2)(0), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and regulations in 49 C.F.R. 661.7.

Date:----------------------------------

Signature: -------------------------------

Company Name:

Title:

Applicability to Contracts

10. LOBBYING

31 u.s.c. 1352 49 CFR Part 19 49 CFR Part 20

The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service ContracUOperational Service ContracUTurnkey contracts.

Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.

Mandatory Clause/Language . Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.

Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]

- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.11 0(d)

- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.

Modifications have been made to the Lobbying Certification pursuant to Section 1 0 of the Lobbying Disclosure Act of 1995.

- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.

Byrd Anti-Lobbying Amendment, 31 U.S.C.1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31

U.S.C. 1352. Each tier shall also disclose the name of any registrant µnder the Lobbying Disclosure Act of 1995 who has made lobbying contacts ori its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Suc:h disclosures are forwarded from tier to tier up to the recipient.

APPENDIX A, 49 CFR PART 20-CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Coop13rative Agreements

(To be submitted with each bid oroffw exr;eediilg $1 OD, ODD)

The undersigned [Contractor] Cl3rtifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have b.een paid or will be paid, by or on behaJf. ofthe undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding e>f any Federal contract, the making of- any Federal g"r~nt, the making of any Federal loan, the entering into of any cooperative agreement, and the e>Ctension, continuation, r13newal, amendment, or modification of any Federal. contract, grant, loan, or cooperative agreement.

(2) .If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this 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 [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:

Language in paragraph (2) herein has been modified in ac;cordance with Section 10 of the Lobbying Discl6sureActof1995 (P.L. 104-65, to be codified at2 U.S.C. 1601, etseq.)J

(3) The undersigned shall require that the language of this certification be inclµded 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 whe_n 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 (as amended by the Lobbying Disclosure Act of 1995). 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.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1 )-(2)(A), any person who makes a prohibited eXPenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The Contractor,Q{::Ia r'VI.~ Co,wu1 1 ~efuwe~r affirms the truthfulness and acctJracy of each statement of its certificatfunarld disclosure, if any. In addition, the Contractor understands and agrees that the provisions o 31 .S.C. A 3801, et seq., apply to this certification arid disclosure, if any.

--.::,~;,;_,r);...::'._..:....,~~~::_- Signature of Contractor's Authorized Official

A-nvl IA) . Ku&£ ( [yec,4v.e. Name and Title of Contractor's Authorized Official

1 b ~ re.e,h,,-'"

¼~ ~ 1 <9,-ool'f Date

11. ACCESS TO RECORDS AND REPORTS

49 u.s.c. 5325

18 CFR 18.36 (i)

49 CFR 633.17

Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"

Flow Down FTA does not require the inclusion of these requirements in subcontracts.

Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language.

Access to Records - The following access to records requirements apply to this Contract:

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.

3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.

19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the…