Construction Manager at Risk Services.pdf

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REQUEST FOR QUALIFICATION (RFQ) No. 1012-26-075

FOR

CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES

Research Triangle Regional Public Transportation Authority dba GoTriangle (GoTriangle), as authorized under the N.C.G.S. §160A-610, is seeking to establish a contract for the above-mentioned services.

The Request for Qualifications (RFQ) document is available for download on the State of North Carolina Electronic Vendor Portal: https://evp.nc.gov or on GoTriangle’s website: https://gotriangle.org/procurement.

Publish Date: July 8, 2026

Proposal Due Date & Time: August 12, 2026, by 2:00 pm local NC time

Submission Location:

Proposals shall be delivered to:

Via email to: Or Via hard copy to:

Tim Heule, Procurement Officer GoTriangle Email: Theule@gotriangle.org 4600 Emperor Blvd, Suite 100 Durham, NC 27703 Attn: Tim Heule, Procurement Officer

RFQ No. 1012-26-075 shall be clearly written on the outside of the envelope.

Optional Pre-Offer Conference:

Location:

Microsoft Teams meeting:

July 22, 2026 at 10:00 am local NC time

GoTriangle 4600 Emperor Blvd, Suite 100 Durham, NC 27703 https://teams.microsoft.com/meet/238310118654908?p=XA8e3yGhhMbkmXe2v1 Meeting ID: 238 310 118 654 908 Passcode: YA6Ku3Wr

Instructions for preparing and submitting the proposal are set forth in the Instructions to Offerors Section 6, Contents of Submittal. To be deemed responsive and responsible, the Offerors must provide all required documents listed in this section.

All Inquiries regarding this solicitation shall be submitted to:

Tim Heule, Procurement Officer

Email: THeule@GoTriangle.org Office: 919-485-7559

LATE PROPOSALS WILL NOT BE ACCEPTED.

GOTRIANGLE RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS.

https://evp.nc.gov/ https://gotriangle.org/procurement https://teams.microsoft.com/meet/238310118654908?p=XA8e3yGhhMbkmXe2v1 mailto:THeule@GoTriangle.org

RFQ No. 1012-26-075, Construction Manager At Risk (CMAR) Services

Table of Contents

STATEMENT OF QUALIFICATIONS

I. BACKGROUND

II. MINIMUM QUALIFICATIONS AND EXPERIENCE REQUIREMENTS

Experience and Qualifications Key Personnel Relevant Project Experience Preconstruction Services Construction Phasing and Operational Continuity Schedule Management, Cost Control, and Guaranteed Maximum Price (GMP) Development Safety, Reporting, Coordination, and Commissioning Utility Coordination and Infrastructure Federal Funding Compliance Subcontractor and DBE Participation

EXHIBIT A – ROJECT-SPECIFIC SCOPE/DELIVERY

EXHIBIT B – DRAWINGS

EXHIBIT C – FEDERAL REQUIREMENTS

1. Incorporation of Federal Transit Administration (FTA) Terms

2. Compliance with Federal Regulations

3. Federal Changes

4. No Government Obligation to Third Parties

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

6. Federal Tax Liability and Recent Felony Convictions

7. Catalog of Federal Domestic Assistance (Assistance Listings) Identification Number

8. Assistance Listings Number for the Federal Transportation Administration

9. Government-Wide Debarment and Suspension (Non-Procurement)

10. Ineligible Contractors and Subcontractors

11. Organizational Conflicts of Interest

12. Interest of Members or Delegates to Congress

13. Lobbying

14. Byrd Anti-Lobbying Amendment

15. Civil Rights Requirements

16. Equal Employment Opportunity (EEO)

17. Disadvantaged Business Enterprise

18. Access Requirements for Persons with Disabilities

19. Access to Services for Persons with Limited English Proficiency

20. Environmental Justice

21. Veterans Preference

22. Transit Employee Protective Provisions

23. Drug and Alcohol Abuse and Testing

24. Full and Open Competition

25. Prohibition Against Exclusionary or Discriminatory Specifications

26. Geographic Preference

27. Notification of Federal Participation

28. Buy America

29. Domestic Preferences for Procurements

30. Procurement of Recovered Materials

31. Recycled Products

32. Prohibition on Covered Telecommunications and Video Surveillance

33. Contract Work Hours & Safety Standards Act

34. Davis-Bacon Act

35. Trafficking in Persons

36. Copeland Anti-Kickback Act

37. Safe Operation of Motor Vehicles

38. Clean Air

39. Clean Water

40. Energy Conservation

41. Environmental Protections

42. Conformance with ITS National Architecture

43. Geographic Information and Related Spatial Data

44. Real Property

45. Fly America Requirements

46. Charter Bus Requirements

47. School Bus Requirements

48. Access to Records and Reports

49. Contracts Involving Federal Privacy Act Requirements

50. Breaches and Dispute Resolution

51. Termination

52. Other Contract Requirements

INSTRUCTIONS TO OFFERORS

ATTACHMENTS

ATTACHMENT A – Offerors Information Form ATTACHMENT B – Minimum Insurance Requirements ATTACHMENT C – E-Verify Employer Compliance Statement ATTACHMENT D – Iran Divestment Act Certification ATTACHMENT E – Israel Divestment Act Certification ATTACHMENT F – Certification Regarding Conflict of Interest ATTACHMENT G – Statement of Non-Collusion ATTACHMENT H – Statement of Judgments ATTACHMENT I – Responsiveness and Responsibility Statement ATTACHMENT J – Offerors’ References ATTACHMENT K – Conformance Statements ATTACHMENT K – 1 – Exceptions Form ATTACHMENT L – Proposal Response Checklist

STATEMENT OF QUALIFICATIONS

I. BACKGROUND

GoTriangle’s 2022 Regional Fleet & Facility Study concluded that expanding, renovating, and modernizing the existing Nelson Road Bus Operations and Maintenance Facility (BOMF) is the most cost-effective approach to meet current and future fleet and service expansion needs over the facility’s anticipated 40+ year service life.

The study evaluated existing conditions, future operational needs, and potential facility alternatives and developed a conceptual (approximately 15% level) design, preliminary construction phasing approach, and planning-level cost estimate.

The current planning-level project budget is approximately $35.2 million (2022 dollars), inclusive of design, construction, and contingency. The project is also reflected in regional transit capital plans at approximately $40 million (2023 dollars).

GoTriangle has initiated environmental review under the National Environmental Policy Act (NEPA) with the Federal Transit Administration (FTA) and anticipates a Categorical Exclusion determination. The project is supported by federal funding sources, including grants for low- and no-emission vehicles and electric charging infrastructure, and additional discretionary funding opportunities may be pursued.

GoTriangle will utilize a Construction Manager at Risk (CMAR) project delivery method for the design and construction of the GoTriangle Building Operations and Maintenance Facility (project).

II. MINIMUM QUALIFICATIONS AND EXPERIENCE REQUIREMENTS

The Construction Manager at Risk (CMAR) shall possess the qualifications, experience, staffing, and technical expertise necessary to successfully provide preconstruction and construction services for the Project. At a minimum, the CMAR shall be able to demonstrate the following:

Experience and Qualifications

The CMAR shall:

• Have a minimum of ten (10) years verifiable experience providing Construction Manager at Risk (CMAR), Construction Management, or General Contracting services for projects of similar size, scope, complexity, and operational requirements.

• Possess verifiable experience delivering public-sector projects, preferably for transit agencies, municipalities, state agencies, or other governmental entities.

• Demonstrate successful completion of projects involving complex mechanical, electrical, plumbing (MEP), communications, and operational systems, with particular experience in transit operations facilities, fleet maintenance facilities, industrial facilities, or other comparable operational environments.

• Hold all licenses and certifications required by the State of North Carolina and maintain the capacity and resources necessary to perform the work of the project, including but not limited to a General Contractor license.

Key Personnel

The CMAR shall:

• Provide and maintain a qualified project team throughout all phases of the Project, including at a minimum a Project Executive, Project Manager, Preconstruction Manager, Superintendent, and other personnel necessary for successful delivery of the project work.

• Assign personnel with demonstrated experience on projects of similar size, scope, complexity, and delivery method, including phased construction, active/occupied facility work, operational continuity requirements, complex stakeholder coordination, and multi-system integration.

• Maintain continuity of key personnel throughout the Project. Substitutions shall require prior written approval from GoTriangle. Replacement personnel shall possess equal or greater qualifications.

• Provide sufficient staffing, supervision, and technical resources to support preconstruction, construction, commissioning, closeout, and warranty-phase obligations.

Relevant Project Experience

The CMAR shall possess experience delivering projects of similar size, scope, complexity, and operational requirements, including phased construction, active operational environments, and coordination among multiple stakeholders.

Relevant project experience includes, but is not limited to:

• Transit maintenance facilities;

• Bus operations and support facilities;

• Fleet maintenance facilities;

• Federally funded construction projects;

• Construction within active and occupied facilities while maintaining continuity of operations.

Preconstruction Services

Preconstruction services shall support design development and the establishment of the Guaranteed Maximum Price (GMP). The CMAR shall collaborate with GoTriangle, the design consultant, and stakeholders throughout this phase.

The CMAR shall:

• Develop and maintain cost estimates and cost models throughout the project.

• Perform constructability reviews at appropriate milestones and provide recommendations to improve efficiency, reduce risk, and enhance constructability.

• Identify value engineering opportunities consistent with project scope, quality, and performance requirements.

• Develop and maintain project schedules including design, procurement, construction, commissioning, and occupancy milestones.

• Identify risks and provide mitigation strategies affecting cost, schedule, safety, quality, and operations.

• Develop, validate, and support negotiation of the GMP, including assumptions, allowances, contingencies, and risk allocations.

• Coordinate with design teams to support complete, coordinated, and constructible contract documents.

• Provide recommendations on phasing, logistics, procurement strategies, long-lead items, utilities, and operational continuity.

Construction Phasing and Operational Continuity

The CMAR shall plan and execute the Work to maintain safe, continuous, and efficient facility operations.

The CMAR shall:

• Develop and maintain a construction phasing plan defining sequencing, operational impacts, and milestones.

• Develop site logistics plans addressing access, circulation, safety, staging, deliveries, and material management.

• Implement safety separation measures to protect workers, transit operations, and the public.

• Provide temporary facilities, utilities, and access required to maintain operations.

• Maintain operational continuity strategies to minimize service disruptions. Uninterrupted facility operations will be defined collaboratively during preconstruction, not assumed unlimited.

• Coordinate with GoTriangle, utilities, agencies, and stakeholders regarding operational constraints and planned work.

• Adjust phasing and logistics as required to maintain safety, schedule, and operational continuity.

Schedule Management, Cost Control, and Guaranteed Maximum Price (GMP) Development

The CMAR shall manage schedule, cost, and GMP throughout the Project lifecycle.

• Prepare and maintain a cost-loaded Critical Path Method (CPM) schedule using Primavera P6 or an Owner-approved equivalent. The schedule shall establish the project baseline, identify the critical path, and integrate all work activities, including design, permitting, procurement, construction, testing, and commissioning. The CPM schedule shall be cost-loaded and will be used as the basis for progress measurement, progress payments, forecasting, schedule analysis, and evaluation of changes, delays, and recovery plans.Monitor progress and implement corrective actions to maintain schedule performance.

• Implement cost control systems including budgeting, forecasting, and reporting.

• Manage change control processes for cost and schedule impacts.

• Perform cost reconciliation at key project milestones.

• Develop, refine, and administer the GMP including all assumptions, contingencies, and risks.

• Provide continuous estimating and budget validation.

• Provide regular reporting on schedule, cost, forecasts, and changes.

Safety, Reporting, Coordination, and Commissioning

The CMAR shall maintain safety, coordination, commissioning, and closeout systems throughout the Project.

The CMAR shall:

• Implement a project-specific safety management program.

• Conduct safety training, inspections, and compliance monitoring.

• Provide regular reporting on schedule, cost, safety, quality, and risk.

• Coordinate with all project stakeholders to support communication and issue resolution.

• Identify and manage risks, conflicts, and constraints.

• Develop and implement commissioning plans, including systems readiness and integrated systems testing.

• Coordinate testing, startup, and performance verification of systems.

• Provide training, manuals, warranties, and closeout documentation.

• Manage turnover, punch list, commissioning completion, and final acceptance.

Utility Coordination and Infrastructure

The CMAR shall manage all utility coordination and site infrastructure work.

The CMAR shall:

• Coordinate with utilities and agencies to identify and resolve conflicts.

• Develop utility relocation sequencing aligned with project phasing.

• Maintain service continuity where applicable.

• Mitigate utility-related risks, including subsurface utilities.

• Coordinate installation of site infrastructure systems.

• Integrate utility work with overall construction activities.

Federal Funding Compliance

The CMAR shall ensure compliance with all applicable federal requirements.

The CMAR shall:

• Comply with FTA and other applicable federal requirements.

• Implement DBE compliance and reporting systems, including subcontractor compliance.

• Comply with Buy America requirements.

• Comply with Davis-Bacon wage requirements.

• Maintain complete and auditable records.

• Support audits and resolve compliance findings.

• Maintain internal controls sufficient for audit readiness.

Subcontractor and DBE Participation

The CMAR shall manage all subcontractors and DBE participation.

The CMAR shall:

• Comply with all North Carolina and other requirements.

• Develop subcontracting plans identifying work packages and responsibilities.

• Ensure subcontractor compliance with contract requirements.

• Coordinate subcontractor sequencing and integration.

• Monitor DBE participation and documentation.

• Ensure meaningful DBE participation consistent with project goals.

• Maintain coordination and communication with all subcontractors and DBE firms.

THE ABOVE ARE MINIMUM REQUIREMENTS TO PROPOSE. SEE INSTRUCTIONS TO OFFERORS

FOR SUBMITTAL DETAILS

END OF SECTION

EXHIBIT A

PROJECT-SPECIFIC SCOPE/DELIVERY

I. PROJECT COMPONENTS / SCOPE INCLUDES, BUT IS NOT LIMITED TO:

• Maintaining uninterrupted facility operations during construction

• Expansion of employee parking north of Nelson Road

• Relocation of the Nelson Road cul-de-sac

• Construction of a building addition for operations and administrative functions

• Reconfiguration of existing maintenance areas to increase capacity

• Addition of a second service lane, including bus wash and indoor fueling

• Expansion and reconfiguration of bus parking with shade structures

• Installation of solar photovoltaic systems on shade structures

• Perimeter security fencing, gates, and access control systems

• Battery Electric Bus (BEB) charging infrastructure

• Coordination with existing and future facility improvement projects

• Incorporated sustainable design principles and potential LEED certification

II. CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES OVERVIEW

GoTriangle will utilize the Construction Manager at Risk (CMAR) delivery method for design and construction of the Project. The CMAR shall work in coordination with the Architect team.

The CMAR shall provide preconstruction services leading to the development and negotiation of a Guaranteed Maximum Price (GMP). Upon execution of the GMP amendment, the CMAR shall contract with GoTriangle for all construction services in accordance with the approved Contract Documents.

The CMAR shall participate as an integral member of the Project team and provide expertise in:

• Construction phasing and sequencing

• Schedule development and validation

• Cost estimating and cost control

• Construction logistics and operational continuity

• GMP development and negotiation

• Constructability and value analysis

• Alternatives to methodologies and efficiencies

The Project is anticipated to be delivered in two phases:

• Phase I – Preconstruction Services and Preliminary GMP (pGMP)

• Phase II – Construction Services, Final GMP, and Project Closeout

PHASE I – PRECONSTRUCTION SERVICES AND PRELIMINARY GMP (PGMP)

The CMAR shall provide preconstruction services from notice to proceed through negotiation of a Preliminary GMP (pGMP). The CMAR shall be an integral member of the Project team, working collaboratively with GoTriangle, the Design Team, and other consultants.

The CMAR shall support the advancement of design through schematic design, design development, construction documents, and release for construction.

1. Preconstruction Services

The CMAR shall:

1.1. Design Phase Collaboration. Participate in design coordination meetings and provide continuous input regarding constructability, cost, phasing, logistics, and operational continuity at each design phase.

Design review shall include, at minimum:

• Schematic Design (30%)

• Design Development (60%)

• Construction Documents (95%)

• Release for Construction (100%)

1.2. Constructability and Coordination Reviews. Provide ongoing review of drawings and specifications to identify conflicts, omissions, sequencing challenges, and constructability concerns.

1.3. Schedule Development. Develop and maintain a project schedule identifying critical path activities, milestones, early work packages, and phased construction requirements.

1.4. Master Project Implementation Plan (MPIP). Develop a comprehensive MPIP addressing:

• Construction phasing and sequencing

• Operational continuity requirements

• Site logistics and staging

• Early work packages (utilities, sitework, parking, etc.)

• Temporary facilities and enabling work

• Authority Having Jurisdiction (AHJ) occupancy and phased turnover requirements

1.5. Permitting Strategy Support. Support the Design Team in developing a permitting strategy aligned with construction sequencing and critical path activities, including coordination with local, state, and federal agencies.

1.6. Cost Estimating and pGMP Development. Develop and continuously update cost estimates throughout design progression. Prepare a pGMP based on Design Development documents and submit prior to bid advertisement.

The pGMP shall include detailed breakdowns of:

• Trade packages

• General conditions

• Contingency and allowances

• Escalation assumptions

• Risk allocation

1.7. Bid Packaging and Procurement Strategy. Develop procurement strategies including early bid packages for long-lead items such as BEB infrastructure, utility systems, and major equipment.

1.8. Value Analysis and Cost Optimization. Provide ongoing value analysis to identify lifecycle cost savings while maintaining project quality, performance, and operational requirements.

1.9. Risk Management. Identify, evaluate, and document project risks and mitigation strategies throughout design development.

1.10. Reporting and Communication. Provide regular updates to GoTriangle regarding schedule, cost, risk, and design progression.

PHASE II – FINAL GMP, CONSTRUCTION, AND CLOSEOUT

Upon completion of 95% construction documents or receipt of bid results, the CMAR shall submit a Final GMP for review and acceptance.

1. Final GMP Requirements

The final GMP shall:

• Be based on final design documents and/or bid results

• Include all subcontractor pricing and trade packages

• Incorporate all agreed allowances, contingencies, and assumptions

• Include corrections to any previously identified constructability issues unless otherwise directed in writing

GoTriangle reserves the right to reject the GMP. If a GMP is not accepted, GoTriangle may terminate the CMAR’s involvement after completion of preconstruction services with no further obligation.

2. Construction Services

2.1. Construction Management and Execution. Manage all construction activities from mobilization through final completion.

2.2. Subcontractor Management. Procure, coordinate, and manage all subcontractors and suppliers.

2.3. Schedule Management. Maintain and update the construction schedule, including recovery strategies for delays.

2.4. Cost Control. Monitor project costs against the GMP and manage change control procedures.

2.5. RFI and Change Management. Manage RFIs, field conditions, and design changes in coordination with GoTriangle and the Design Team.

2.6. As-Built Documentation. Maintain accurate as-built drawings and record documentation throughout construction.

3. Risk Management During Construction

The CMAR shall continuously monitor project risks and implement mitigation measures, including resequencing, acceleration, or alternative means and methods as necessary to maintain project objectives.

4. Commissioning and Closeout

The CMAR shall:

• Coordinate final inspections and system commissioning

• Provide operations and maintenance manuals

• Provide warranties, spare parts, and attic stock

• Provide owner training

• Complete punch list and corrective work

• Deliver final as-built documentation

• Perform final cost reconciliation and GMP closeout reporting

END OF SECTION

EXHIBIT B - DrawingsDrawing s

DRAWING

DRAWING IS PROVIDED FOR REFERENCE ONLY. IF NO FURTHER DRAWINGS ARE

INCLUDED AT THE TIME OF ISSUANCE, OFFERORS SHALL BASE THEIR STATEMENT OF

QUALIFICATIONS (SOQ) ON THE NARRATIVE SCOPE ONLY. NO ASSUMPTIONS REGARDING

DRAWINGS SHALL BE USED AS EVALUATION CRITERIA.

EXHIBIT C – Federal Requirements: FEDERAL REQUIREMENTS

FEDERAL REQUIREMENTS

The following provisions are required either (i) by a grant agreement or cooperative assistance agreement between the U.S. Department of Transportation (hereinafter called the "USDOT") and the Research Triangle Regional Public Transportation Authority, d/b/a GoTriangle (hereinafter called "GoTriangle") or (ii) by a grant agreement or cooperative assistance agreement between the North Carolina Department of Transportation (hereinafter called the "NCDOT") and GoTriangle or (iii) by GoTriangle itself. As to such provisions, if there is variance between the language set forth herein and any such actual grant or cooperative assistance agreement, the provisions of the grant or cooperative assistance agreement shall govern.

To the extent applicable, the federal requirements contained in the Federal Transit Administration (hereinafter called the "FTA") Master Agreement, as amended and in effect at the time of award (hereinafter called the "Master Agreement"), including any certifications and contractual provisions required by any federal statutes or regulations referenced therein to be included in the Contract, will be deemed incorporated into the Contract by reference and shall be incorporated in any sub agreement or subcontract executed by the Research Triangle Regional Public Transportation Authority, d/b/a GoTriangle pursuant to its obligations under the Contract. Contractor and its subcontractors, if any, will represent and covenant that they have complied and shall comply in the future with the applicable provisions of the Master Agreement then in effect and with all applicable federal, state and local laws, regulations and rules and local policies and procedures, as amended from time to time, relating to the equipment, apparatus, supplies or the services provided under the Contract, which may in any manner affect the performance of the Contract, including, without limitation, the following:

1. Incorporation of Federal Transit Administration (FTA) Terms All contracts except micro-purchases ($15,000 or less, except for construction contracts over $2,000)

The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA Circular 4220.1G, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions.

2. Compliance with Federal Regulations Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT-required contractual provisions, as set forth in FTA Circular 4220.1G, are incorporated by reference.

Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

3. Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Recipient and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract.

4. No Government Obligation to Third Parties

1. The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

2. Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

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

1. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of

1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 2 CFR Part 200, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate.

2. If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate.

3. Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

6. Federal Tax Liability and Recent Felony Convictions

1. Prohibited Transactions

a. Certification Requirement. Prior to entering into any Third Party Agreement with a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business entity, the Recipient shall obtain a certification from the prospective Third Party Participant confirming that the entity:

i. Has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the appropriate taxing authority;

and

ii. Has not been convicted of a felony criminal violation under any Federal law within the preceding twenty-four (24) months.

b. Non-Certification. If the prospective Third Party Participant is unable to provide the certification described above, the Recipient shall refer the matter to the Federal Transit Administration (FTA) and shall not enter into a Third Party Agreement with such participant without prior written approval from FTA.

2. Flow-Down Requirement. The Recipient agrees to require all Third Party Participants to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreements.

7. Catalog of Federal Domestic Assistance (Assistance Listings) Identification Number The municipal project sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received. Federal program and award identification shall include, as applicable, the Assistance Listings title and number, award number and year, name of the Federal agency, and name of the pass-through entity.

8. Assistance Listings Number for the Federal Transportation Administration Nonurbanized Area Formula (Section 5311) is 20.509. A Recipient covered by the Single Audit Act Amendments of 1996 and 2 CFR Part 200 Subpart F, "Audits of States, Local Governments, and Non- Profit Organizations," (replaced with 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" effective December 26, 2014 as applicable) agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by 2 CFR Part 200 Subpart F. The Recipient agrees to accomplish this by identifying expenditures for Federal awards made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by Assistance Listings number, and inclusion of the prefix "ARRA" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-

SAC.

9. Government-Wide Debarment and Suspension (Non-Procurement) The Recipient agrees to the following: (1) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: (a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, 2 U.S. OMB, "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, (b) It will review the U.S.

GSA "System for Award Management" at https://www.sam.gov if required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will comply with Federal debarment and suspension requirements, and 2 Reviews the "System for Award Management" at https://www.sam.gov if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (2) If the Recipient suspends, debars, or takes any similar action against a Third Party Participant or individual, the Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, (b) FTA Project Manager if the Project is administered by an FTA Headquarters Office, or (c) FTA Chief Counsel.

10. Ineligible Contractors and Subcontractors Any name appearing upon the Comptroller General's list of ineligible contractors for federally-assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller General's list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, terminate or suspend this contract.

11. Organizational Conflicts of Interest The Recipient agrees that it will not enter into a procurement that involves a real or apparent organizational conflict of interest described as follows: (1) When It Occurs. An organizational conflict of interest occurs when the Project work, without appropriate restrictions on certain future activities, results in an unfair competitive advantage: (a) To that Third Party Participant or another Third Party Participant performing the Project work, and (b) That impairs that Third Party Participant's objectivity in performing the Project work, or (2) Other. An organizational conflict of interest may involve other situations resulting in fundamentally unfair competitive conditions, (3) Disclosure Requirements.

Consistent with FTA policies, the Recipient must disclose to FTA, and each of its Subrecipients must disclose to the Recipient: (a) Any instances of organizational conflict of interest, or (c) Violations of federal criminal law, involving fraud, bribery, or gratuity violations potentially affecting the federal award, and (4) Failure to Disclose. Failure to make required disclosures can result in remedies for noncompliance, including debarment or suspension.

12. Interest of Members or Delegates to Congress No members of, or delegates to, the US Congress shall be admitted to any share or part of this contract nor to any benefit arising therefrom.

13. Lobbying Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts over $100,000 - 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 under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

14. Byrd Anti-Lobbying Amendment All suppliers, contractors, subcontractors, consultants, and sub-consultants must comply with the Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Suppliers, contractors, subcontractors, consultants, and sub-consultants who apply or bid for an award of $100,000 or more shall file the required certification. 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 an 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 any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

15. Civil Rights Requirements The following requirements apply to the underlying contract:

The Recipient understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a Recipient or Program, including an Indian Tribe or the Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with that civil rights statute, including compliance with equity in service:

1. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that each Third Party Participant will, comply with Federal transit law, 49 U.S.C. § 5332 (FTA's "Nondiscrimination" statute). FTA's "Nondiscrimination" statute prohibits discrimination on the basis of: (a) Race, (b) Color, (c) Religion, (d) National origin, (e) Sex, (f) Disability, (g) Age, or (h) Gender identity and the prohibition against discrimination includes: (a) Exclusion from participation, (b) Denial of program benefits, or (c) Discrimination, including discrimination in employment or business opportunity. Except as FTA determines otherwise in writing, follow the most recent edition of FTA Circular 4702.1, "Title VI Requirements and Guidelines for Federal

Transit Administration Recipients," to the extent consistent with applicable Federal laws, regulations, and guidance.

2. Nondiscrimination - Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant will: (1) Prohibit discrimination based on: (a) Race, (b) Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C.

§ 2000d et seq., (b) U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R.

part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The most recent edition of FTA Circular 4702.1, "Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients," (b) U.S. DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 C.F.R. § 50.3.

3. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Comply with Federal transit law, specifically 49 U.S.C.

§ 5332, and (c) Comply with other applicable EEO laws and regulations, including laws and regulations prohibiting discrimination on the basis of disability. (2) General. The Recipient agrees to ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of race, color, religion, sex, disability, age, or national origin, and take affirmative action including in: recruitment advertising, recruitment, employment, rates of pay, other forms of compensation, selection for training including apprenticeship, upgrading, transfers, demotions, layoffs, and terminations.

4. Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking "construction" as recognized by the U.S. Department of Labor (U.S.

DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60.

5. Disadvantaged Business Enterprise. To the extent authorized by applicable Federal law, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as "Disadvantaged Business Enterprises" (DBEs), in the Project as follows: Requirements. The Recipient agrees to comply with: (a) Section 1101(b) of MAP- 21, 23 U.S.C. § 101 note, (b) U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332. (2) Assurance. As required by 49 C.F.R. § 26.13(a), (b) DBE Program Requirements. Recipients receiving planning, capital and/or operating assistance that will award prime third party contracts exceeding $250,000 in a Federal fiscal year must: 1 Have a DBE program meeting the requirements of 49 C.F.R. part 26, 2 Implement a DBE program approved by FTA, and 3 Establish an annual DBE participation goal.

6. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT regulations, "Nondiscrimination on the

Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R.

part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332.

7. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of age, including: (1) The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, (2) U.S. EEOC regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., (4) 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 (5) Federal transit law, specifically 49 U.S.C. § 5332.

8. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with Federal prohibitions pertaining to discrimination against seniors or individuals with disabilities including:

Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.; the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq.; Federal transit law, specifically 49 U.S.C. § 5332; U.S. DOT regulations at 49 C.F.R. parts 27, 37, 38, and 39; U.S. DOJ regulations at 28 C.F.R.

parts 35 and 36; U.S. EEOC regulations at 29 C.F.R. part 1630; and U.S. ATBCB regulations at 36 C.F.R. part 1194.

9. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd- 290dd-2.

10. Access to Services for People with Limited English Proficiency. Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote accessibility of public transportation services to people whose understanding of English is limited by following U.S. DOT Notice, "DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087, December 14, 2005.

11. Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, the Recipient agrees to: (1) Comply with other applicable Federal nondiscrimination laws and regulations, and (2) Follow Federal guidance prohibiting discrimination.

12. Remedies. Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be enforced as provided in those Federal laws or Federal regulations.

16. Equal Employment Opportunity (EEO) Applicability: All contracts and subcontracts exceeding $10,000.

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

1. General EEO Obligation. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor shall 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. 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. Executive Order 11246. Contractor shall comply with Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," Executive Order 13672, and as supplemented by U.S. Department of Labor (DOL) regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," the provisions of which are incorporated herein by reference.

3. Solicitations for Employees. In all solicitations, either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this contract and Executive Order 11246 relative to equal employment opportunity and affirmative action.

4. Construction Contracts - Affirmative Action. For construction contracts exceeding $10,000, Contractor shall comply with the affirmative action requirements set forth in 41 CFR Part 60-4, "Affirmative Action Requirements for Construction," including the Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) as set forth in 41 CFR § 60-4.3. Contractor shall implement the specific affirmative action standards provided in 41 CFR §§ 60-4.3(a)(1) through (16) and shall maintain a written affirmative action program where required by 41 CFR Part 60-2.

5. FTA Civil Rights Requirements. Contractor shall comply with FTA Circular 4704.1A, "Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients," and all applicable FTA directives and guidance related to EEO, as amended or promulgated from time to time during the term of this contract. GoTriangle, as an FTA recipient, is required to maintain and implement an EEO Program, and Contractor shall cooperate fully with GoTriangle in fulfilling its obligations thereunder.

6. Section 503 - Affirmative Action for Workers with Disabilities. Contractor shall comply with Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 793, and DOL regulations at 41 CFR Part 60-741, which require affirmative action and prohibit discrimination in employment of qualified individuals with disabilities by federal contractors and subcontractors with contracts in excess of $15,000.

7. Vietnam Era and Special Disabled Veterans. Contractor shall comply with the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA), as amended, 38 U.S.C. § 4212, and DOL regulations at 41 CFR Part 60-300, which require affirmative action and prohibit discrimination in employment of covered veterans by federal contractors and subcontractors with contracts of $150,000 or more.

8. Records and Reporting. Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees, as may be required by GoTriangle, the FTA, the DOL, or the U.S. Equal Employment Opportunity Commission (EEOC) from time to time.

9. Sanctions for Noncompliance. In the event of Contractor's noncompliance with the EEO requirements of this contract, GoTriangle…