Mechanic RFP - Final.pdf

HOOD RIVER COUNTY TRANSPORTATION DISTRICT (HRCTD)

REQUEST FOR PROPOSALS FOR MECHANIC

May 16, 2024

Due Date: Friday, June 7, 2024

Time: 5:00 PM

Receipt Location:

HRCTD Administrative Offices

ATTN: Jeff Acciaioli, Operations Manager

Address: 224 Wasco Loop

Hood River, OR 97031

HRCTD CONTACT INFORMATION

HRCTD Contact Jeff Acciaioli, Operations

Manager

Phone (541) 978-8067

Email jeff@catransit.org Bid Due Date June 7, 2024

BACKGROUND

Hood River County Transportation District (HRCTD), who does business as Columbia Area Transit (CAT) provides public transportation services within Hood River County as well as Troutdale, Portland, and Mt. Hood Meadows. CAT was formed by the voters of Hood River County on July 1, 1993, and is a transportation district as defined under Oregon Revised Statues 267. CAT primarily provides fixed route, deviated fixed route, demand response and ADA complementary paratransit services using local property tax, fare revenue, miscellaneous funds, and Federal and State funds passed through the Oregon Department of Transportation.

CAT is overseen by a Board of Directors and staff members. Maintenance services and some accounting services are provided under contract by third-party vendors. CAT’s fiscal year is from July 1 to June 30 for the following year. More information about CAT, including plans, previous Basic Financial Statements, and the Budget can be found at www.ridecatbusus.org.

SCOPE OF WORK

CAT is requesting proposals from individuals or businesses qualified to provide on-going preventative maintenance and repair services for our fleet of transit gas, diesel, and electric vehicles for a 3-year term, with the opportunity to extend the contract for another year. Appendix B includes CAT’s fleet inventory.

CAT has a maintenance facility with minimal tools, vehicle lifts capable of lifting 130,000 lbs. and a variety of other equipment. The contractor should have all the necessary tools to complete preventative maintenance and repairs. CAT expects the contractor to perform preventative maintenance and repairs on site when possible. CAT uses digital software to track upcoming oil changes, multipoint inspections, annual inspections, and repair issues. The operations team provides a list of issues identified by staff that need to be addressed. In conjunction with staff the contractor is expected to prioritize the work to be completed.

The minimum requirements the contractor must meet include:

1. Possession of a valid Class-B CDL to test drive Class B vehicles (preferred).

2. Must be bonded and insured and possess at least three (3) or more years of experience.

3. Must provide all personnel, equipment, transportation, supplies, tools, and materials necessary to maintain the level of service detailed in this RFP throughout the term of the agreement.

4. Must document and report work to the operations team on the day it is completed.

5. Must be able to repair and maintain gas, electric, and diesel vehicles.

6. Possession of applicable certifications required to work on large vehicles and wheelchair lifts.

Task 1: Preventative Maintenance and Repairs

• Operate a full-service program providing the following:

o Routine oil changes that include a multipoint inspection – Must be by manufacturer's recommendations. Appropriate paperwork must be completed.

o Repair services may include, but are not limited to, electrical work, mechanical work, suspension, and alignments.

o Annual Safety Inspections.

o Conduct preventative maintenance and repairs in compliance with applicable local, state, and federal regulations.

• Invoices should be submitted when preventative maintenance or repair services are completed.

• Repair estimates should be given to the operations team before completing repair work for any major repairs.

• Repairs should be completed in a reasonable amount of time and the contractor should work with the operations team to clearly communicate when the work will be completed and if there are any delays.

• Maintenance facility will be kept clean and orderly. The use of shop equipment and maintenance procedures should comply with OSHA laws and regulations protecting the health and welfare of workers.

• Contractor is responsible for cost, handling, and disposal of fuels, oils, lubricants, solvents, and related materials.

Task 2: Towing and Roadside Repairs

• Ability to tow vehicles if needed (preferred not required).

• Must have ability to respond to roadside repairs and urgent repairs (including during weekends and evening hours).

SELECTION CRITERIA

A. Evaluation of Proposals. Proposals will be evaluated for responsiveness to the Request for Proposals by a review committee, which will include staff of Columbia Area Transit.

B. Evaluation Criteria. Proposals will be evaluated according to the most qualified in the opinion of the review committee. The review committee reserves the right to contact and evaluate the proposer’s references; contact any Proposer to clarify any response;

contact any current clients of a proposer (regardless of if they are listed as a reference or not) and solicit information from any available source deemed pertinent to the evaluation process. The review committee shall not be obligated to accept the lowest priced proposal but shall make an award in the best interests of CAT and that represents a “Best Value” as defined by the Federal Transit Administration. The review will be based on the following criteria:

a. Experience/Qualifications – The proposal should clearly explain staff experience and ability to deliver specific requirements of Task 1 and 2 as described in the scope of work.

b. Cost Proposal – The proposal should include the proposed cost per task.

i. Task 1: Preventative Maintenance and Repairs

ii. Task 2: Towing and Roadside Repairs

c. The proposal should state if Proposer is a Disadvantaged Business Enterprise (DBE).

The total points given to a proposal by the individual evaluators will be averaged to determine the proposal’s overall score. All proposals will be evaluated on the following basis:

Evaluation Criteria Weight

Experience/Qualifications 50

Cost Proposal 40

Disadvantaged Business Enterprise 10

TOTAL 100

CAT also reserves the right to select a Proposer directly after review of the proposals, or it may determine it advisable to conduct interviews prior to the awarding of the contract.

CAT also reserves the right to accept the Proposer’s fees or to enter into competitive negotiations with two or more qualified Proposers. If negotiations are conducted, all affected Proposers or individuals will be notified in writing when to submit their best and final offer.

C. Best Value. Proposals will be evaluated as “Best Value” per the Federal Transit

Administration Best Practices Procurement Manual, defined as follows: "Best Value" is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include technical design, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine (or derive) the offer deemed most advantageous and of the greatest value to the procuring agency.”

QUESTIONS

All questions regarding this RFP should be presented in writing to Jeff Acciaioli, Operations Manager at jeff@catransit.org. You will receive a response within one (2) business days. We encourage disadvantaged, women, and small businesses enterprises to apply. Questions will no longer be responded to after Wednesday, June 5, 2024, at 5:00 p.m. PDT.

PRE-PROPOSAL CONFERENCE

There will be no pre-proposal conference for this solicitation.

mailto:jeff@catransit.org

PROPOSAL REQUIREMENTS

To qualify, the contractor must have experience completing preventative maintenance and repairs for gas, electric, and diesel vehicles with all appropriate qualifications.

Your company’s proposal response should assume a three-year Contract term with a Contract start date of July 1, 2024.

The RFP response should include:

1. A cover letter that should briefly introduce your company and your experience. This should also clearly explain staff experience and ability to deliver specific requirements of Task 1 and

2 as described in the scope of work.

2. A formal proposal with a price proposal response using the Cost Proposal form in Appendix

A.

3. Indicate the name of the person who will be authorized to answer questions and to bind the company, the person’s title, address, email, and telephone number.

4. Three client or personal references, at least one should be able to speak to your ability to meet the scope outlined above. This would include name, address, telephone number, email address, years of affiliation and services provided.

5. Availability – When you would be able to start.

6. Any suggested or required changes in order to perform the scope of work, if necessary.

7. For any firm, organization, company identified in Proposer’s proposal as a DBE vendor, the

Proposer must include company’s name, location, and type of work to be performed and the vendor’s North American Industry Classification System (NAICS) certifications, the vendor has been certified with the Oregon Department of Transportation (ODOT) and the percentage of the work to be performed under the Contract.

8. The Proposer must not have been debarred or suspended from participating in Federally funded procurements in System for Awards Management (SAM).

9. Each proposal must include the following required forms:

• Signed and dated “Cost Proposal Form” – Appendix A.

• Signed and dated “Non-Collusion Certification”. “Lobbying Certification” and

“Government-Wide Debarment and Suspension” – Appendix C.

• Signed and dated “Ethics and No Contact Form”—Appendix D.

• Signed and dated “DBE Disclosure Form”—Appendix E.

• Signed and dated “Federal Transit Administration Clauses” – Appendix F.

• Any addendum acknowledgements.

PROTEST PROCEDURES

Any individual or entity may file a protest with CAT alleging a violation of applicable federal, state law and/or CAT policy or procedure relative to seeking, evaluating and/or intent to award a contract.

In addition, any individual or entity may file a protest with CAT alleging that CAT has failed to follow its Procurement Protest Procedures. Such protest must be filed no later than five (5) calendar days from the notice of intent to award or non-award of the contract.

A protest, dispute, or claim with respect to the award of a contract through solicitation of proposals shall be submitted in writing within five (5) days of notification of such award to the Executive

Director for a decision. All claims shall clearly identify:

1. The name, address, and telephone number of the protester.

2. The grounds for the protest, any and all documentation to support the protest and the relief sought.

3. Steps that have been taken to date in an attempt to correct the alleged problem or concern.

A written decision by the CAT Executive Director stating the grounds for allowing or denying the protest will be mailed to the protestor prior to execution of the Contract.

Such decision shall be final.

A protestor wishing to file a protest with FTA should consult FTA Circular 4220.1F for details on FTA’s bid protest procedures. Circular 4220.1F reinforces FTA’s policy of limiting involvement in the affairs and activities of recipients. The FTA will only review protests regarding the alleged failure of the recipient to have written protest procedures or alleged failure to follow such procedures. Alleged violations on other grounds are under the jurisdiction of either CAT or the State of Oregon or judicial authorities.

Protests must be filed with the FTA, with a concurrent copy to CAT, within five (5) days after CAT renders a final decision or five (5) days after the protestor knows or has reason to know that CAT failed to render a final decision. After five (5) days, CAT will confirm with the FTA that the FTA has not received a protest on the contract in question.

Circular 4220.1F is available for review at CAT offices. A copy can be obtained from FTA at the following address: Federal Transit Administration, Region 10, 915 Second Ave, Ste. 3142, Seattle, WA. 98174.

CAT shall not be responsible for any protests not filed promptly with the FTA.

APPENDIX A: COST PROPOSAL FORM

The contractor shall invoice CAT at the time-of-service completion. The contractor’s invoice shall detail the services provided as well as include the vehicle number. CAT shall pay Contractor invoices within 30 days of receipt. Contractor should be able to commit to at least 1 day per week to CAT to preemptively complete scheduled preventative maintenance and repairs.

PLEASE INCLUDE ALL RELATED COST IN THE SECTION BELOW AS DESCRIBED IN THE SCOPE OF

SERVICES.

Task 1: Preventative Maintenance and Repairs

Cost/Per Hour

Task 2: Towing and Roadside Repairs

Tow Hookup and Per Mile

Rate (N/A if Not Applicable)

Roadside Assistance:

After Hours for Urgent

Repairs (Weekends and

8PM – 6AM Monday-Friday)

Notes/Comments:

By signing below, the undersigned verifies and certifies:

• The Contractor can meet all applicable Federal requirements and the owner(s) and company are not suspended or debarred from doing business with the local, State or

Federal government.

• The submitted proposal is complete and the Contractor can carry out the work as detailed in the proposal & scope of work section above.

Company Name & Years in

Business

Signature of Owner or Authorized

Representative Date

APPENDIX B – FLEET INVENTORY

Bus # Year Make/Model Passenger

Seating 121 2019 Dodge Grand

Caravan 4 or 1/1 (W/ADA)

123 2013 Chevrolet Tahoe 2 124 2022 Ford E-Van 7+1 (ADA) 193 2013 Ford E-450 14 +2 (ADA) 197 2016 Ford E-450 12 + 2 (ADA) 198 2019 Ford E-450 16 +2 (ADA) 199 2019 Ford E-450 16 +2 (ADA) 204 2023 Ford E-450 12 + 2 (ADA) 205 2023 Ford E-450 12 + 2 (ADA) 216 2008 Gillig 38 +2 (ADA) 217 2010 Gillig 31 +2 (ADA) 218 2010 Gillig 31 +2 (ADA) 469 2019 International 35 +2 (ADA) 470 2019 International 35 +2 (ADA)

Note: CAT may change vehicles in the fleet based on the availability of vehicles and operational needs.

Appendix C – FEDERAL CERTIFICATIONS

NON-COLLUSION CERTIFICATION

By submission of this proposal, each respondent and each person signing on behalf of any respondent certifies, and in the case of a joint proposal, each party certifies as to its own organization, under the penalty of perjury, that to the best of its knowledge and behalf:

1. The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices with any other Proposer or with any other competitor:

2. Unless otherwise required by law, the prices quoted in this proposal have not been knowingly disclosed by the Proposer, directly or indirectly, to any other Proposer or to any other competitor prior to opening; and

3. No attempt has been made or will be made by the respondent to induce any other person, partnership, or corporation to submit or not submit a proposal for the purpose of restricting competition.

Signature Date

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Applies to Contracts Valued over $25,000

49 CFR Part 29

Executive Order 12549

This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and

29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the Proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by CAT. If it is later determined that the Proposer or proposer knowingly rendered an erroneous certification, in addition to remedies available to CAT, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Proposer or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer. The Proposer further agrees to include a provision requiring such compliance in its lower-tier-covered transactions.

LOBBYING CERTIFICATION

The Proposer certifies, to the best its knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a Federal department or agency, a Member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a Member of the U.S. Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification thereof.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, Disclosure Form to Report Lobbying, in accordance with its instruction, as amended by Government wide Guidance for New Restrictions on Lobbying, 61 Fed. Reg. 1413 (1/19/96).

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

THE PROPOSER, _______________________________, CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF EACH STATEMENT OF ITS CERTIFICATION AND DISCLOSURE. IN ADDITION, THE PROPOSER UNDERSTANDS AND AGREES THAT THE PROVISIONS OF 31 U.S.C. §§ 3801 ET. SEQ. APPLY

TO THIS CERTIFICATION AND DISCLOSURE.

Proposer's Authorized Official's Signature

Name and Title of the Proposer's Authorized Official

Date

Appendix C – Ethics and No Contact Policy

Acknowledgement

After issuance of this RFP, Proposers, or anyone acting directly or indirectly on behalf of an

(Proposer) or a subcontractor (Subcontractor) shall not discuss or submit inquiries about this RFP in any way with any of CAT’s employees, agents, or elected or non-elected officials that are participating in CAT or a member of the Board of Directors, other than the Contracting Officer, Amy

Schlappi, amy.schlappi@catransit.org. Any communication with the Contracting Officer must be in writing and submitted as required in this RFP. The foregoing restriction continues after a Contract has been executed. Violation of this restriction may result in disqualification of the Proposer for the award of the Contract, suspension or debarment. The prohibition contained herein does not apply to interviews with the Selection Committee, where such interviews are initiated by the Contracting

Officer with a Proposer as provided in this RFP.

Appendix D – DISADVANTAGED BUSINESS ENTERPRISE

(DBE) PARTICIPATION

THIS FORM IS TO BE COMPLETED BY ANY PROPOSER WISHING TO BE IDENTIFIED AS A DBE OR BY

ANY PROPOSER WISHING TO IDENTIFY DBE PARTICIPATION IN ITS PROPOSAL.

If a Proposer is a DBE or if a proposer intends to utilize DBE Proposers in the development, manufacture, or delivery of goods or services or as a joint venture under this proposal, the following schedule must be completed:

The ____________________________________________will utilize the following:

(Name of Proposer)

DBE Proposer(s) in the development, manufacture, or delivery of goods or services or as a joint venture under this proposal:

Type of Work % of Proposal Item # and Name of DBE or Parts to be Attributable Description Proposer Used/Performed to DBE

1.

2.

3.

4.

5.

Total % of Proposal Price Attributable to DBE: _____________________________

Signature of Proposer: ___________________________________

Date: ______________________________________

Appendix E – FEDERAL TRANSIT ADMINISTRATION

CERTIFICATIONS AND ASSURANCES

ACCESS TO RECORDS AND REPORTS

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

2. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

3. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract in accordance with 2 CFR § 200.337.

4. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractor's 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.

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.

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 aged 40 and over on the basis of age.

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

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

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

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

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.

The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.

4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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

DEBARMENT AND SUSPENSION

The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Non procurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement)," 2 C.F.R.

part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:

a) Debarred from participation in any federally assisted Award;

b) Suspended from participation in any federally assisted Award;

c) Proposed for debarment from participation in any federally assisted Award;

d) Declared ineligible to participate in any federally assisted Award;

e) Voluntarily excluded from participation in any federally assisted Award; or

f) Disqualified from participation in any federally assisted Award.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer.

The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

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 noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as 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. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

FLY AMERICA

a) Definitions. As used in this clause—

1) “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. 2) “United States” means the 50 States, the District of Columbia, and outlying areas. 3) “U.S. flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.

b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, Agency's, and others use U.S. flag air carriers for U.S. Government financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign flag air carrier if a U.S. flag air carrier is available to provide such services.

c) If available, the Contractor, in performing work under this contract, shall use U.S. flag carriers for international air transportation of personnel (and their personal effects) or property.

d) In the event that the Contractor selects a carrier other than a U.S. flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S. Flag Air Carriers

International air transportation of persons (and their personal effects) or property by U.S.

flag air carrier was not available or it was necessary to use foreign flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:

e) Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES

The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

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

RELATED TO FRAUD, WASTE, ABUSE, OR OTHER LEGAL MATTERS

If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-Party Agreements and must require each Third-Party Participant to include an equivalent provision in its sub agreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.

(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

(3) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

AND RELATED ACTS

The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the 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 the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT.

a. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

1. Procure or obtain;

2. Extend or renew a contract to procure or obtain; or

3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

ii. Telecommunications or video surveillance services provided by such entities or using such equipment.

iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

b. In implementing the prohibition under Public Law 115232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available…