Propane Fuel and Infrastructure RFP.pdf

REQUEST FOR PROPOSAL (RFP)

Propane Fuel and Fueling Station Infrastructure

Sequence of Events Date Request for Proposal Issued 8/8/25 Onsite Visit (Not Required) 8/20/25 Deadline for Questions 8/25/25 @ 1:00 PM ET Submissions Due 9/8/25 @ 1:00 PM ET Award of RFP (if awarded) 9/26/25 Contract Start Date (if awarded) 10/1/26

PROPOSALS MUST BE RECEIVED BY DUE DATE – LATE PROPOSALS WILL NOT BE CONSIDERED.

Procurement Coordinator:

Kait Riegling k.riegling@catchamax.org

Project Management:

Ryan Novotny r.novotny@catchamax.org mailto:k.riegling@catchamax.org mailto:r.novotny@catchamax.org

Table of Contents

REQUEST FOR PROPOSAL (RFP)

SECTION 1: PROJECT DESCRIPTION (SCOPE) AND SUMMARY OF REQUIREMENTS

SECTION 2: SUBMISSION INSTRUCTIONS

SECTION 3: EVALUATION OF PROPOSALS

SECTION 4: TERMS AND CONDITIONS

SECTION 5: FEDERAL TRANSIT ADMINISTRATION REQUIRED CLAUSES

SECTION 6: FEDERAL TRANSIT ADMINISTRATION REQUIRED CERTIFICATIONS

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

ACKNOWLEDGEMENT FORM FOR TERMS & CONDITIONS

CERTIFICATION REGARDING LOBBYING

CERTIFICATION FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS

BIDDERS LIST INFORMATION FORM

SECTION 1:

PROJECT DESCRIPTION (SCOPE) AND SUMMARY OF REQUIREMENTS

BACKGROUND INFORMATION:

The Macatawa Area Express (MAX) is a small urban transit system that has operated fixed bus routes and demand response service since 2000. Currently, MAX serves the communities of the City of Holland, City of Zeeland, Holland Charter Township, Zeeland Charter Township and Park Township with fixed route and/or demand response service. MAX currently employs 75 staff members.

MAX has fixed routes that operate Monday through Friday from 5 a.m. – 7 p.m. In addition, MAX offers Demand Response Services 5 a.m. – 12 a.m. (midnight) Monday through Friday, and Saturday from 9 a.m. – 4 p.m.

MAX has a fleet of 31 revenue vehicles and seven support service vehicles. MAX is looking to convert the revenue vehicles to propane as they become eligible for replacement. MAX is expecting to replace 17 new vehicles in the next four (4) years. The vehicles would be fueled at our garage facility location at 11660 Greenway Dr., Holland, MI 49424.

PROJECT DESCRIPTION (SCOPE)

MAX Transit is currently accepting proposals for the supply of propane fuel and propane fueling infrastructure at MAX’s garage facility located at 11660 Greenway Dr., Holland, MI 49424. The contract is to be a three-year contract, with 2 one-year extension options. MAX is looking for a propane cost per gallon as a fixed cost for the length of the agreement, to be carried over to the two additional years if MAX chooses to extend the agreement. MAX will to procure 17 new propane vehicles over the next 4 years and each vehicle’s expected annual mileage to be 35,000 miles with fuel consumption at an estimated rate of 7 miles per gallon.

SUMMARY OF REQUIREMENTS

The awarded contractor shall:

1. Install above ground fueling tank(s) with high differential pump and Autogas style dispenser providing all fittings. EURO style nozzles are required.

2. Provide fuel pump(s) that fuels at a rate of 10 to 12 gallons per minute and supports fueling at least two (2) vehicles at the same time.

3. The fueling station must be powered by a self-contained, propane generator, requiring no other resources to operate, including electrical connections from outside source.

4. The proposer will retain ownership of all infrastructure supplied to MAX Transit and maintain and update the system as needed to meet the needs of MAX and all applicable local, state and federal codes, laws, and requirements. MAX will provide cement pads and crash protection and lighting required to protect the fueling station infrastructure.

5. The proposer will maintain responsibility for all technical and professional services required to obtain and maintain compliant, on-site fueling equipment including permit application, licenses, inspections, certifications and equipment, including annual training and safety inspections to ensure all required safety measures and state, federal and local compliance regulations are satisfied

6. Coordination with MAX Transit will be required to facilitate installation in the proposed location (see below) and be operation on or before the delivery of the first propane bus, which is expected to be end of March 2026.

7. Provide emergency services for fuel pump infrastructure within 24 hours of notice, including Saturday’s.

8. Provide bobtail filling of buses at no additional cost in the event of a fuel station breakdown. If an additional price is to be charged in the event of a MAX problem, list additional amounts.

Figure 1 Planned Location of Tanks Outlined in Red

INSURANCE

The vendor must possess all appropriate state and local business licenses. MAX requires vendors to meet, and provide proof of, the following annual insurance requirements:

1. $1,000,000 Primary Auto and General Liability, including contractual liability coverage.

2. $3,000,000 Umbrella Limits.

3. Insurance should include worker’s comp coverage up to the statutory limits.

The Macatawa Area Express Transportation Authority must be given thirty (30) days’ advance notice of any material change in the insurance policies.

List the Macatawa Area Express Transportation Authority and its board of directors, officers, employees, and agents shall be named as additional insureds. The successful vendor must furnish proof of insurance and license before beginning work.

The contractor will indemnify, defend, and hold harmless the Macatawa Area Express Transportation Authority and its board directors, officers, employees, and agents from any and all claims, actions, losses, and liabilities (including, but not limited to reasonable attorney fees and costs) arising out of or relating to the contract.

SECTION 2:

SUBMISSION INSTRUCTIONS

REQUEST FOR PROPOSAL REQUIREMENTS:

1. Proposal must be received by 1:00 PM ET on August 22, 2025. Proposals received after the due date and time will not be considered.

2. This RFP does not commit MAX to award a contract.

3. MAX assumes no responsibility for errant bid delivery.

4. No email or facsimile proposals will be accepted. All bids must be submitted on BidNet Direct

(www.bidnetdirect.com)

5. Questions, comments, or requests for clarification must be submitted in Bidnet Direct. Responses will be posted for all in BidNet Direct and other online postings as an addendum.

6. Pricing sheets must be submitted as a separate PDF document as a matter of “Responsiveness.” If a proposer does not attach the document in a separate PDF the proposer will be determined to “Unresponsive” and proposal will not be considered.

7. Proposer agrees to and acknowledges all RFQ specifications, terms and conditions, and indicates ability to by submission of its bid.

8. Submitted proposals shall be valid for at least sixty (60) days.

9. Proposer must be able to provide the following documentation prior to contract award as a determination of “Responsibility.” Unwillingness or inability to provide the following documents will lead to the prosper to be deemed “Unresponsible.”

a. Certification Regarding Debarment & Suspension

b. Acknowledgement Form for Terms and Conditions & FTA Required Clauses

c. Certification Regarding Lobbying

d. Tax Liability & Recent Felony Convictions

e. Bidder’s Information Sheet

f. Proof of Insurance http://www.bidnetdirect.com/

SECTION 3:

EVALUATION OF PROPOSALS

SELECTION CRITERIA

MAX reserves the right to award the contract to a vendor other than that of the lowest price proposal and to select the most advantageous proposal representing the best value. MAX reserves the right to accept or reject any and all proposals. Proposals will be evaluated and a recommendation made to the MAX Authority Board. Factors to be used in evaluating the proposals are listed below in relevance to importance.

The following categories are the principal criteria by which proposals will be evaluated. Each category will receive a rating from 1-5. The proposal with the highest total points will be considered the preferred vendor.

1. Understanding of Request and Technical Approach

- Functionality of standard equipment and features to meet our specific needs

- Ease of system growth and expansion

- Ease of use

- Ease of system administration

- Product quality, reliability and warranty

- Service and support

2. Qualifications and Experience

- Identification of staff and qualifications

- Overall experience and reputation in the industry

- Experience with the proposed system

- A commitment by the vendor to ensure that installation and service personnel are knowledgeable about the proposed system and capable of troubleshooting and servicing that system.

- Verifiable quality of service provided by vendor to previous and current customers

3. Price

- Price will be evaluated using the following formula: lowest proposed price divided by the price being evaluated times available points.

(Lowest Proposed Price / Current Proposed Price) x Available points

4. Quality of Preparation

- Organization and clarity

- Completeness

Upon approval of the project award by the MAX Authority Board, the selected vendor will be sent a Notice of Award/Notice to Proceed for approval and signature. The original form is to be returned promptly to MAX and the contractor is to keep a copy of the form. Work may not proceed until the vendor signs the Notice to Proceed. Contracted work will commence after the Notice to Proceed has been returned. Non-successful proposers will be notified of the MAX’s selection of a vendor.

SECTION 4:

TERMS AND CONDITIONS

DURATION OF PROJECT & AGREEMENT:

The project will commence per contracted term with MAX’s Notice of Award/Notice to Proceed.

CONTRACT CHANGES:

Additions, deletions or modifications to this project and agreement may be made only with written agreement between MAX and the selected firm.

DISPUTES:

Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under the agreement which is not disposed of by agreement shall be decided by MAX, which shall put its decision in writing and mail or otherwise furnish a copy to the firm. In connection with any appeal proceeding under this clause, the firm shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute thereunder, the firm shall proceed diligently in accordance with the project agreement and in accordance with MAX’s decision.

This clause does not preclude consideration of law questions in connection with decisions provided for in this clause, provided that nothing in this agreement shall be construed as making final the decision of an administrative official, representative or board on a question of law.

INDEMNIFICATION:

The firm agrees to indemnify and hold MAX, its officers, agents, employees and /or trustees, harmless from and against any and all claims or causes of action brought against MAX and from any and all damages, losses, expenses, attorney fees, costs and liabilities sustained by the MAX arising out of any claimed defect in the goods and services provided by the firm. The firms’ obligation under this paragraph shall include the obligation to indemnify and hold the MAX harmless for negligence, whether active, passive or concurrent, in the performance of MAX’s duties and obligations pursuant to this project and agreement.

COVENANT AGAINST GRATUITIES:

The firm warrants that he/she has not offered or given gratuities (in the firm of entertainment, gifts or otherwise) to any official or employee of the MAX with a view toward securing favorable treatment in the awarding, amending, or evaluating this project and agreement.

ASSIGNABILITY RIGHTS:

The Bidder shall not assign this contract—wholly or in part—without the written consent of the Macatawa Area Express. No assignment shall relieve the Bidder of any obligations under the contract.

LIABILITY INSURANCE:

The firm shall maintain such insurance as will protect it from claims under Worker’s Compensation Acts and other employee benefit acts; from claims for damages because of bodily injury, including death, to its employees and all others and from claims for damages to property; any and all of which may arise out of result from the firm’s operations under this agreement, or from any subcontractor or anyone directly or indirectly employed by either of them. Proposers shall provide proof of insurance with the submission of their proposal.

LISCENSING & PERMITTING:

The contractor shall be licensed. Additionally, the contractor awarded the project will be required to file any permitting, as required, for this project.

CONTRACT TERM:

The contract between the MAX and the Contractor shall become effective upon signing and shall remain in force until at which time the contract has expired, or until notice of termination in writing is given by the other party as provided herein. MAX reserves the unilateral right to terminate the contract at any time if the successful bidder fails to meet the requirements stated in this proposal.

The contract shall terminate absolutely and without further obligation at such a time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations under this contract.

WRITTEN STANDARDS OF CONDUCT:

MAX employees, officers, agents (e.g. City of Holland), or other appointed agents acting on behalf of MAX’s interest, immediate family members, and committee or Board members are prohibited from: participating in the selection, award, or administration of a contact supported by FTA funds if a conflict of interest, real or apparent is involved; and soliciting or accepting gifts, gratuities, favors or anything of consequential value from current or potential contractors or parties to sub agreements that could influence purchasing decisions. MAX employees or agents with a potential conflict of interest shall remove themselves from the procurement in question.

TAXES:

MAX is exempt from taxes; however, the Contractor shall pay all taxes required by law. MAX cannot exempt others from tax.

COMPLIANCE WITH LAWS:

The Contractor will comply with all State, Federal, and local laws and regulations.

CANCELLATION FOR CAUSE:

If either party refuses, fail, or be unable to perform or observe any of the terms or conditions of the contract for any reason, then the party claiming such failure shall give the other party a written notice of such breach. If, within thirty (30) days from such notice, the failure has not been corrected, the injured party may cancel the contract effective thirty (30) days after notice of cancellation.

MAX reserves the right to terminate the contract immediately in the event that the Contractor discontinues or abandons operations; is adjudged bankrupt or is reorganized under any bankruptcy law; or fails to keep in force any required insurance policies or bonds.

Failure of the contractor to comply with any section or part of the contract will be considered grounds for immediate termination of the contract by the MAX without penalty to MAX. MAX shall pay for services rendered up to the point of termination.

Notwithstanding anything to the contrary contained in the contract between the MAX and the successful contractor, the MAX may, without prejudice to any other rights it may have, terminate the contract for convenience and without cause, by giving thirty (30) days’ written notice to the successful contractor. If the termination clause is used by the MAX, the successful contractor will be paid by the MAX for all scheduled work completed satisfactorily by the successful contractor up to the termination date set forth in the written termination notice.

CONDITION OF MATERIALS:

It is understood and agreed that any materials delivered to or acquired by the Authority shall be new, of the latest design, and in first quality condition, unless specified otherwise.

REJECTION OF SUBMISSIONS/CANCELLATION OF REQUEST FOR PROPOSALS:

MAX reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal, and to accept or reject any item or combination of items, when to do so would be to the advantage of MAX.

It is also within the rights of MAX to reject proposals that do not contain all the elements and information requested in this document. MAX reserves the right to cancel this Request for Proposals at any time. MAX will not be liable for any cost/losses incurred by the Contractors throughout this process, including reimbursement for any costs for the preparation of proposals in response to this RFP.

DISADVANTAGED BUSINESS ENTERPRISE (DBE), EEO AND NON-DISCRIMINATION:

MAX seeks and encourages DBE participation on projects and contracts that use federal funds that have an established DBE goal. MAX is an Equal Opportunity Employer, and does not discriminate on the basis of race, religion, color, sex, national origin, age, or disability. Proposers are required to disclose any subcontracts for this project that will be completed by certified DBE firms.

WRITTEN PROTEST PROCEDURES:

A written protest must clearly articulate the procedure or decision being protested and the reason(s) for the protest. Any interested party may file a protest with MAX upon one or more of the following grounds: (1) MAX has failed to comply with applicable Federal or State law; (2) MAX has failed to comply with its procurement procedures; (3) MAX has failed to comply with the terms of this solicitation; (4) MAX has issued improperly restrictive or discriminatory specifications.

Proposal protests must be made in writing (electronic submission of protests will not be accepted) and submitted to:

Macatawa Area Express Transportation Authority 171 Lincoln Avenue, Suite 20 Holland MI 49423

All protests must be filed within ten (10) business days of the MAX Authority Board decision. The Executive Director or designee will review the written protest and provide a written response to the protestor.

The protestor can appeal MAX’s decision/response to the MAX Authority Board, provided that the appeal is filed with the Executive Director or designee within ten (10) business days of MAX’s decision.

In the event of an appeal, the MAX Authority Board will make the final decision on the protest. All protests will be forwarded to the Federal Transit Administration for its information.

PROJECT COORDINATION:

The Contractor shall employ and assign only qualified and competent personnel to perform any service or task involved in this project. The Contractor shall designate one such person as a Project Manager, and the Project manager shall be deemed to be the Contractor’s authorized representative, who shall be authorized to receive and accept any and all communications from the MAX. The MAX shall name a Project Manager who shall be authorized to generate, receive and accept communication as an authorized representative of the MAX. Any work performed and/or goods purchased by the contractor and/or subcontractor outside the scope of work stated in the contract without the prior written approval from MAX’s authorized Project Manager shall not be considered part of the contract and will be at risk and cost of the contractor. The Contractor hereby agrees to replace any personnel or sub- contractor, at no cost or penalty to the MAX, if the MAX reasonably determines that the performance of any sub-contractor or personnel is unsatisfactory.

ACCURACY OF WORK: The Contractor shall be responsible for the accuracy of the work performed and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by the MAX will not relieve the Contractor of the responsibility for subsequent correction of errors, the clarification of any ambiguities, or the costs associated with any additional work caused by negligent acts, errors, or omissions by the Contractor or latent defects in the products sold by the Contractor.

APPROPRIATION OF FUNDS: The initial contract and any continuation contract(s) shall terminate immediately and absolutely at any such time as there are no appropriated and otherwise unencumbered funds available to satisfy the MAX’s obligations under said contract(s).

DRUG-FREE WORKPLACE: By submission of a Proposal, the Contractor certifies that the provisions "Drug-free Workplace Act, have been complied with in full. The Contractor further certifies that:

1. A drug-free workplace will be provided for the Contractor's employees during performance of the contract; and

2. Each Contractor who hires a sub-contractor to work in a drug-free workplace shall secure from that sub-contractor the following written certification:

3. As part of the subcontracting agreement with (Contractor's name), (Sub-contractor's name) certifies to the Contractor that a drug-free workplace will be provided for the sub-contractor's employees during the performance of this Contract pursuant to Paragraph (7) of Sub-section (b) of Code Section 50-24-3".

4. The Contractor further certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

PAYMENT TERMS: Payment shall be made monthly, or at the end of each project, within 30 days of the submittal of a correct invoice for goods received or work performed. If applicable, expenses shall be billed at cost without markup and must be supported by actual receipts. Mileage and per diem rates, if applicable, shall not exceed the federal rates. Proposers may suggest other payment terms for consideration. Under no circumstances will payment be advanced prior to work or services provided.

PROMPT PAYMENT: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from MAX. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors’ work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of MAX. This clause applies to both DBE and non-DBE subcontracts.

Failure of the contractor to comply with this requirement is cause for breach of contract and will be settled according to the terms of the specific contract.

RFP CONSTITUTES BINDING CONTRACT:

The specifications, requirements and terms and conditions contained in this RFP will constitute a binding contract between the Proposer and MAX upon the acceptance of the Proposal by MAX. Any changes to the terms or requirements of this Contract must be documented in the Award of Contract/Notice to Proceed.

SECTION 5:

FEDERAL TRANSIT ADMINISTRATION REQUIRED CLAUSES

ACCESS TO RECORDS AND REPORTS

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

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

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

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

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.

BUY AMERICA REQUIREMENTS

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Build America, Buy America Act. Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 11758, div.

G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). In accordance with 2 CFR § 184.2(a), the Recipient shall apply the standards of 49 CFR Part 661 to iron, steel, and manufactured products.

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

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

CARGO PREFERENCE REQUIREMENTS

The contractor agrees:

a. to use privately owned United StatesFlag commercial vessels to ship at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be https://www.transit.dot.gov/buyamerica transported by ocean vessel, shall be transported on privately owned United Statesflag commercial vessels, if available. 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.Flag Vessels,” 46 CFR Part 381.

b. to furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘onboard’ commercial ocean billoflading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the recipient (through the prime contractor in the case of subcontractor billsoflading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and

c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

CHANGES TO FEDERAL REQUIREMENTS

Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and

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

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 74017671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 12511387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:

Clean Air Act

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

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

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

Federal Water Pollution Control Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

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

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

CIVIL RIGHTS LAWS AND REGULATIONS

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

The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in FederallyAssisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue.

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

a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation), 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, Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21, and 49 U.S.C. § 5332, prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin.

2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

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

ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity

The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and 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. Equal Employment Opportunity. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements, without regard to their race, color, religion, national origin, or sex (including sexual orientation). In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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

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

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

DEBARMENT AND SUSPENSION

Debarment and Suspension (Executive Orders 12549 and 12689). A covered transaction (see 2 C.F.R. §§

180.220 and 1200.220) must not be entered into with any party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Recipient agrees to include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:

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

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

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

It is the policy of the Agency and the United States Department of Transportation ("DOT") that Disadvantaged Business Enterprises ("DBE’s"), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOTassisted contracts.

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOTassisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Agency deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or

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

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

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

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).

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, Agencies, and others use U.S.flag air carriers for U.S. Governmentfinanced 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 foreignflag 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 covered telecommunications equipment or services;

2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or

3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

(b) As described in section 889 of Public Law 115232, “covered telecommunications equipment or services” means any of the following:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) 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);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment;

(4) 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;

(c) For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial…