Advertising_RFP_February2025.pdf

LOWELL REGIONAL TRANSIT AUTHORITY

REQUESTS FOR PROPOSALS

FOR

BUS ADVERTISING SERVICES

The Lowell Regional Transit Authority (LRTA) invites qualified firms to submit Proposals to provide Bus Advertising Services to the LRTA. The LRTA will accept sealed Proposals at the Gallagher Intermodal Transportation Center (GITC), 115 Thorndike Street, Floor 3B, Lowell, Massachusetts, 01852 until 10:00 A.M., Thursday, March 27, 2025.

The performance of any Contract which may arise from this Proposal is subject to the requirements of Title VI of the Civil Rights Act of 1964 and all applicable Equal Employment Opportunity requirements as may be generally appropriate to this type of solicitation. DBE firms will be afforded full opportunity to submit Proposals and will not be subject to discrimination on the basis of race, color, sex, or national origin in the LRTA's consideration for the award of a Contract.

The LRTA reserves the right to waive any formalities, to postpone the Proposal opening, to reject any and all Proposals, and to award the Contract to any Proposer whose Proposal is deemed to be the most advantageous to the interest of the public and the LRTA.

RFP documents and detailed specifications may be obtained free of charge from the LRTA website at https://lrta.com/procurement/ or by request in the Gallagher Intermodal Transportation Center, 115 Thorndike Street, Floor 3B, Lowell, MA , 01852. To make a request for these documents by email or by telephone, contact the LRTA’s Procurement Director, Meaghan O’Brien, at (978) 459-0164 or by Email:

m.obrien@lrta.com.

DAVID BRADLEY

LRTA ADMINISTRATOR

Dated: February 27, 2025 https://lrta.com/procurement/ mailto:m.obrien@lrta.com

LOWELL REGIONAL TRANSIT AUTHORITY

REQUEST FOR PROPOSALS

for

BUS ADVERTISING SERVICES

PROPOSAL SCHEDULE

Advertise RFP February 28, 2025

RFP Documents available February 28, 2025

Deadline for requests for changes/clarifications to

Specifications / Requirements - DUE NO LATER THAN

5PM March 21, 2025

RFP Opening -10:00 AM @ LRTA Admin. Office

Bids must be received by this time to be considered March 27, 2025

Notice of Intent to Award Contract April 17, 2025

Notice to Proceed / Contract Signing April 17, 2025

Commencement of Contract Services July 1, 2025

INTRODUCTION

The Lowell Regional Transit Authority (LRTA) invites qualified and responsible firms to submit

Proposals to provide Bus Advertising Services to the LRTA. The LRTA will accept sealed Proposals at the Gallagher Intermodal Transportation Center (GITC), 115 Thorndike Street, Floor 3B Lowell, Massachusetts, 01852 until 11:00 A.M, March 26, 2025.

The LRTA will enter into a three-year base Contract with the first year to commence on July 1, 2025. At the LRTA’s option, the base Contract may be renewed for up to an additional term of one to two years, at rates and terms mutually agreed upon between the LRTA and Contractor.

1. GENERAL INFORMATION:

The Lowell Regional Transit Authority (LRTA) is a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, established May 1974, under Chapter 161B of the Massachusetts General Laws of the Acts of 1973. The LRTA member communities are Lowell, Acton, Billerica, Carlisle, Chelmsford, Dracut, Dunstable, Groton, Maynard, Pepperell, Tewksbury, Townsend, Tyngsborough, and Westford. The LRTA provides its core fixed route bus service to seven (7) communities, a demand-responsive ADA service to six communities for elderly and disabled persons, special minibus service to twelve regional Councils on Aging, and a shuttle service from the GITC to all major business, education, and tourism sites in Lowell.

The LRTA also assists the Massachusetts Bay Transportation Authority (MBTA) commuter rail system which operates, via Keolis Commuter Services, thirty-eight daily commuter trains between the Lowell and Boston’s North Station.

The LRTA maintains its Administrative Offices within the Gallagher Intermodal Transportation Center (GITC) in Lowell, Massachusetts. GITC has been developed in four major construction phases under the LRTA’s direction and currently offers over 1,000 parking spaces for commuter rail and other transit users as well as for Intercity bus connections, LRTA transit bus routes, and downtown shuttle connections. The LRTA also operates the Robert B. Kennedy Bus Transfer Center. The Kennedy Center is located outside and in front of the main lobby entrance of the GITC and serves as the operating hub for all of the LRTA’s fixed route bus services.

Fixed route bus services are contracted to First Transit Management of Lowell Inc., hereinafter referred to as FTML. FTML operates 20 bus routes and maintains the LRTA’s fleet consisting of a minimum 50 and an expected maximum of 54 transit buses from the LRTA’s bus garage and maintenance facility at 100 Hale Street. The fixed route bus system currently operates Monday through Saturday from the Robert B. Kennedy Bus Center at the GITC in Lowell, Massachusetts. RoadRunner Paratransit services to the elderly and disabled of the region are operated from the GITC via a Contract with Transdev Transit Management of Lowell, Inc.

Transportation services, except for the Council on Aging programs, are contracted out to private operating companies. In this regard, the LRTA has a vehicle fleet which includes an expected minimum of 50 and a maximum of 54 fixed route buses, along with a fleet of non-advertised paratransit vans / mini-buses, and maintenance / supervisory vehicles. The operation, maintenance, and twenty-four-hour security at the Gallagher Terminal is provided through LRTA personnel.

The LRTA’s funding for all of its operations, administration, and capital procurements is received from a combination of State, Federal, Local, Passenger and miscellaneous revenues.

2. SELECTION PROCESS

The LRTA’s Proposal Evaluation Committee will rate and rank each Proposal which is received in compliance with this solicitation and will determine the best Proposal in accord with the “CRITERIA FOR SELECTION” The Criteria for Selection have been presented in order of their relative importance and ranking value to be applied to each criterion.

The LRTA will determine the most advantageous Proposal and intends to give Notice of Intent to contract according to the Procurement Schedule. The LRTA Administrator reserves the right to rule on any inconsistencies or errors in the RFP Documents and/or solicitation procedures and such ruling(s) shall be deemed binding on all Proposers and their Proposals. The LRTA reserves the right to waive any formalities, to postpone the Proposal opening, to reject any and all Proposals and to award the contract to any proposer whose Proposal is deemed the most advantageous to the interest of the public and the LRTA.

3. SCOPE OF SERVICES:

Bus Advertising Program:

The Advertising Contractor will be responsible for Advertising Sales for the LRTA’s fixed route bus fleet of a minimum of fifty (50) and a maximum of fifty-four (54) expected transit buses during the contract period. This involves sales of interior ads, exterior ads (direct application technique as there are no bus frames on the LRTA fleet.) as well as potential theme buses.

A. The Contractor will have rights and privileges to sell exterior and interior ads on all LRTA buses subject to term and conditions set forth by LRTA policy.

The Standard Size for Exterior Bus Ads:

STREET SIDE = 28"H x 144"W CURB SIDE = 28"H x 88"W

REAR = 21"H x 67"W

Interior Size for Bus Ads:

INTERIOR = 11"H x 28"W

B. As a part of the Bus Advertising Program, Proposers must be amenable to a community relations program such as a donation of space or discounts. The LRTA reserves the right to allocate available exterior and interior space for approved community purposes.

C. A proposed compensation plan to the LRTA must be submitted.

Note: The LRTA is continuously working on improvements and state of good repair activities in the

Gallagher Intermodal Transportation Center and intends to consider appropriate additional onsite advertising opportunities in the future. Any future Lobby and Terminal advertising shall be subject to LRTA input and approval.

The LRTA encourages proposers to view the current LRTA fixed route bus fleet prior to submission of a Proposal. For this purpose, please contact Mr. Nick Saltsman, Director of Fixed Route Fleet Maintenance, 100 Hale Street, Lowell, Mass- Tele. (978) 452-6161 x214.

4. CRITERIA for SELECTION:

The following criteria will be used in evaluating Proposals. The criteria are listed in order of importance:

• Qualifications and experience of the Proposer. A minimum of five (5) years of experience in bus advertising sales and application programs is expected. Qualifications and experience of the Proposer specifically in Bus Advertising Sales for Regional Transit Authorities.

• Proposed compensation plan for the LRTA from bus advertising sales.

• Completion and submittal of all required forms, certifications, and attestations.

• Questions, changes, and clarifications

To facilitate any questions or clarifications of the RFP requirements, Proposers are required to submit questions in writing, by Email: m.obrien@lrta.com, by mail, or by fax [(978) 458-9673]. The deadline for receipt of questions, clarifications and requests for changes to the RFP is: Wednesday, March 27, 2025 no later than 5 PM. The mailing address in this regard is:

Meaghan O’Brien, Procurement Director

LOWELL REGIONAL TRANSIT AUTHORITY

Gallagher Intermodal Transportation Center 115 Thorndike Street, Floor 3B

Lowell MA 01852-3308

Any changes and modifications in connection with this Proposal will be issued in the form of a written addendum. The LRTA intends to respond to questions from all known Proposers not less than five

(5) days prior to the Proposal due date.

The LRTA shall not be responsible in any manner for verbal answers or instructions regarding this RFP. All requests for clarifications, modifications, and amendments must be submitted by the appropriate deadline in writing. It is the Proposer’s sole responsibility to ascertain whether any Addenda have been issued for this RFP prior to submission of a Proposal. All Addenda will be updated to the LRTA website and sent to all Proposers who inform the Procurement Director via email that they would like to be on the mailing list, by contacting sending an email to m.obrien@lrta.com expressing such interest.

5. FORM OF PROPOSAL:

All Proposals submitted shall include one original, three copies, and an electronic submission (can be emailed or on a USB) and shall also include, at a minimum, the following:

A. Title page specifying “Request for Proposals for Bus Advertising Services”, name and address of Proposer and the date of submission.

B. State in detail the Proposer’s understanding of the “Scope of Services” contained in Section #3 of this

RFP.

C. A Compensation Plan to the LRTA for sales of bus advertising. The Compensation Plan should detail the Percentage to be remitted to the LRTA of the gross advertising income. In addition, Proposers shall indicate their estimated minimum total income remittance to the LRTA for each of the initial three (3) years under Agreement.

D. A narrative addressing the specific areas of qualifications, knowledge, and experience as set out in the CRITERIA for SELECTION section of this RFP. Examples of the firm’s achievements in advertising and bus advertising projects are encouraged.

E. The Proposals (One original, three copies, one electronic submission) must be received at the Administrative office of the Lowell Regional Transit Authority, Gallagher Intermodal Transportation Center, 115 Thorndike Street, Floor 3B, Lowell, MA 01852-3308 by 10:00 A.M. on Thursday, March 27, 2025, enclosed in a sealed envelope plainly marked on the outside “Proposal for Advertising Services”.

In the event that the LRTA and the highest ranked Proposer cannot mutually come to terms with an Agreement, then the proposer considered to be most advantageous to the Authority will be invited to negotiate.

The term of the Bus Advertising Services Contract will be for three years. At the LRTA’s option, the base Contract may be renewed for up to an additional one to two-year term Contract, at rates and terms mutually agreed upon between the LRTA and the selected Contractor.

The Contract will begin on July 1, 2025 and all Proposers agree to be bound by their Proposals until a formal Contract is awarded.

The LRTA reserves the right to reject any and all Proposals and reserves the right to award any Contract to the Proposer whose Proposal is deemed to be the most advantageous to the public and the LRTA. The LRTA reserves the right to negotiate any and all terms of the RFP with the highest rated proposer if mutually agreed to be in the best interests of the LRTA and the highest rated Proposer.

Proposers shall thoroughly examine and be familiar with all RFP requirements and all of the technical specifications. Any proposer may withdraw his Proposal by written request received any time prior to the scheduled time for the opening of Proposals.

Attachment 1

Required Forms for the Completion of the Bid

Sept-24

Table of Contents

FEDERAL CLAUSES

ACCESS TO RECORDS AND REPORTS

AMERICANS WITH DISABILITIES ACT (ADA)

BOND REQUIREMENTS

BUS TESTING

BUY AMERICA REQUIREMENTS

CARGO PREFERENCE REQUIREMENTS

CHANGES TO FEDERAL REQUIREMENTS

CHARTER SERVICE

CIVIL RIGHTS LAWS AND REGULATIONS

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT

DEBARMENT AND SUSPENSION

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

ENERGY CONSERVATION

EQUAL EMPLOYMENT OPPORTUNITY

FLY AMERICA

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

NO GOVERNMENT OBLIGATION TO THIRD PARTIES

NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD,

WASTE, ABUSE, OR OTHER LEGAL MATTERS

PATENT RIGHTS AND RIGHTS IN DATA

PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT

PROMPT PAYMENT

PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS

RESTRICTIONS ON LOBBYING

SAFE OPERATION OF MOTOR VEHICLES

SCHOOL BUS OPERATIONS

#1 Federal Clauses & Signature Page

SEISMIC SAFETY

SIMPLIFIED ACQUISITION THRESHOLD

SOLID WASTES (RECOVERED MATERIALS)

SPECIAL DOL EEO CLAUSE FOR CONSTRUCTION PROJECTS

SPECIAL NOTIFICATION REQUIREMENTS FOR STATES

SUBSTANCE ABUSE REQUIREMENTS

TERMINATION

VETERANS HIRING PREFERENCE

VIOLATION AND BREACH OF CONTRACT

OTHER RECOMMENDED CONTRACT REQUIREMENTS

CONFORMANCE WITH ITS NATIONAL ARCHITECTURE

FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS

SEVERABILITY

TRAFFICKING IN PERSONS

FEDERAL CLAUSES

ACCESS TO RECORDS AND REPORTS

a. 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.

b. 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.

c. 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.

d. 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.

AMERICANS WITH DISABILITIES ACT (ADA)

The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

BOND REQUIREMENTS

The Federal agency or pass-through entity may accept the recipient’s or subrecipient’s bonding policy and requirements for construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold. Before doing so, the agency or pass-through entity must determine that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:

(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 any required contractual documents within the specified timeframe.

(b) A performance bond on the contractor’s part for 100 percent of the contract price. A performance bond is a bond executed in connection with a contract to secure the fulfillment of all the contractor's requirements under a contract.

(c) A payment bond on the contractor’s part for 100 percent of the contract price. A payment bond is a bond executed in connection with a contract to assure payment as required by the law of all persons supplying labor and material in the execution of the work provided for under a contract.

It is also understood and agreed that if the bidder should withdraw any part or all of their bid within [90] days after the bid opening without the written consent of the Agency, or refuse or be unable to enter into this Contract as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guaranty to the extent Agency’s damages occasioned by such withdrawal, or refusal, or inability to enter into a Contract, or provide adequate security thereof.

It is further understood and agreed that to the extent the defaulting bidder's bid guaranty shall prove inadequate to fully recompense Agency for the damages occasioned by default, then the bidder agrees to indemnify Agency and pay over to Agency the difference between the bid guarantee and Agency’s total damages so as to make Agency whole.

The bidder understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive.

Performance Guarantee. A Performance Guarantee in the amount of 100% of the Contract value is required by the Agency to ensure faithful performance of the Contract. Either a Performance Bond or an Irrevocable Stand-By Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Contract. The successful Bidder shall certify that it will provide the requisite Performance Guarantee to the Agency within ten

(10) business days from Contract execution. The Agency requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the Agency and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. Agency may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The Agency may secure additional protection by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond.

If the Bidder chooses to provide a Letter of Credit as its Performance Guarantee, the Bidder shall furnish with its bid, certification that an Irrevocable Stand-By Letter of Credit will be furnished should the Bidder become the successful Contractor. The Bidder shall also provide a statement from the banking institution certifying that an Irrevocable Stand-By Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand- By Letter of Credit will only be accepted by the Agency if:

1. A bank in good standing issues it. The Agency will not accept a Letter of Credit from an entity other than a bank.

2. It is in writing and signed by the issuing bank.

3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of

Credit.

4. The Agency is identified as the Beneficiary.

5. It is in an amount equal to 100% of the Contract value. This amount must be in U.S.

dollars.

6. The effective date of the Letter of Credit is the same as the effective date of the

Contract.

7. The expiration date of the Letter of Credit coincides with the term of the contract.

8. It indicates that it is being issued in order to support the obligation of the Contractor to perform under the Contract. It must specifically reference the Contract between the Agency and the Contractor the work stipulated herein.

The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.

Payment Bonds. A Labor and Materials Payment Bond equal to the full value of the contract must be furnished by the contractor to Agency as security for payment by the Contractor and subcontractors for labor, materials, and rental of equipment. The bond may be issued by a fully qualified surety company acceptable to (Agency) and listed as a company currently authorized under 31 C.F.R. part 223 as possessing a Certificate of Authority as described thereunder.

BUS TESTING

The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, the contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the recipient.

BUY AMERICA REQUIREMENTS

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR §

200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all 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.

Build America, Buy America Act. Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). In accordance with 2 CFR § 184.2(a), the Recipient shall apply the standards of 49 CFR Part 661 to iron, steel, and manufactured products.

Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11. Domestic preferences for procurements

The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. For more information, please see the FTA’s Buy America webpage at: https://www.transit.dot.gov/buyamerica

CARGO PREFERENCE REQUIREMENTS

The contractor agrees:

a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United https://www.transit.dot.gov/buyamerica

States-flag commercial vessels, if available. 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381.

b. to furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading 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 46 CFR § 381.7(a)(1) shall be furnished to both the recipient (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and

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.

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.

CHARTER SERVICE

The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. 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 as permitted under:

1. Federal transit laws, specifically 49 U.S.C. § 5323(d);

2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;

3. Any other federal Charter Service regulations; or

4. Federal guidance, except as FTA determines otherwise in writing.

The contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:

1. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;

2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or

3. Any other appropriate remedy that may apply.

The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.

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 Federally-Assisted 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. §§ 621- 634, 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.

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. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). 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.”

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

a. Applicability: This requirement applies to all FTA grant and cooperative agreement programs.

b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II.

c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:

Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”

DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT

For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act.

Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

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 DOT-assisted 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 DOT-assisted contracts.

Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the 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 non-responsible. 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).

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 (42 U.S.C.§ 6201).

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.

(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 non-compliance 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 otherwise provided by law.

(8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.