Transit Development Plans

Invitation No.: 572-24 Location: Statewide Commodity: Transit Development Plans Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/572pricing.xlsx Request For Proposal (RFP) State of Ohio, Department of Transportation Office of Contract Sales, Purchasing Services Jack Marchbanks, Ph. D., Director Bid Submission Deadline (Bid Opening Date): July 20, 2023 at 1:00 p.m. eastern time Submitted by: Company Name: Federal Tax ID No.: Physical/Mailing Address: Remit to Payment Address: Street Address: P.O. Box: City: St: Zip: Contact Person and Phone Number: (authorized to answer questions about your company’s bid) E-Mail Address (required): (person who filled out bid) E-Mail Address (required): (for notification of future bid opportunities) Telephone Number 800 Number Fax Number Return Properly Marked, Complete Bid Packages To:

rel="no-follow" href="mailto:contracts.purchasing@dot.ohio.gov">contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted. VENDORS MUST SUBMIT ANY QUESTIONS, CLARIFICATIONS, OR INQUIRIES REGARDING THIS PROCUREMENT VIA THE FOLLOWING WEBSITE: https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/572pricing.xlsx mailto:contracts.purchasing@dot.ohio.gov https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx Attachments to be submitted in the emailed bid response: Completed Front Page (Separate Attachment) Completed Signature Page (Separate Attachment) Completed Affirmation and Disclosure form (Separate Attachment) Completed Excel Pricing Page (Separate Attachment) Anything Else You wish to Submit (Separate Attachments) Send multiple emails, as needed, to complete your submission to contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted. Zip files CANNOT be sent. We respond to every submission. If you don’t get a response from us saying, we received your bid within a day, reach out or resubmit. mailto:contracts.purchasing@dot.ohio.gov Invitation No. 572-24 1 SECTION I. GENERAL OVERVIEW 1.1 Overview • Purpose – The Ohio Department of Transportation (ODOT) is seeking consultants to assist transit agencies with transit plans, mostly focused on Transit Development Plans (TDP). Other planning work may include a strategic plan, short-range plan, or comprehensive operations analysis. • Background – The ODOT Office of Transit works with 100+ transit agencies. Many of these agencies do not have in-house staff that can create a TDP. Both rural transit agencies and urban transit agencies need TDPs to guide their strategic decisions and investments. ODOT has recently created a new requirement for small urban transit agencies in the Governor’s Apportionment to have a current TDP. These agencies are expected to adopt a new TDP every 10 years and complete an interim update every 5 years, or halfway through each TDP cycle. This applies to the following agencies: o Allen County Regional Transit Authority – Lima; o Lorain County Transit – Lorain; o Richland County Transit – Mansfield; o Middletown Transit Services – Middletown; o Licking County Transit Board – Newark; o Springfield City Area Transit – Springfield; o Steel Valley Regional Transit Authority – Steubenville; and o Eastern Ohio Regional Transit Authority – Wheeling. While ODOT anticipates rural transit agencies and small urbans in the Governor’s Apportionment will use this contract, it is available to any Ohio transit agency or provider. In the past two years, ODOT has funded 5 rural TDPs. ODOT expects this volume to remain steady or increase over the next two years. ODOT expects at least 4 urban agencies to utilize this contract. • Bidding, Contract Type, Selection, and Cost –ODOT Office of Transit may select one or multiple vendors for this contract. ODOT will award an Indefinite Deliverable, Indefinite Quantity (IDIQ) task-based, cost reimbursement contract. The total contract amount is unknown, as each task will be autonomous. ODOT and the successful proposer(s) will negotiate the costs for each approved task, separate from and in addition to, all other approved tasks. However, under no circumstance will the unit costs for direct labor, the percent of allowances for overhead and general administration, or the net fee exceed the amounts or rates agreed upon prior to entering the contract. Vendors may opt to be considered for rural TDPs, urban TDPs, or both. Contract(s) will run through June 30, 2025. • Pre-bid meeting – There will be a virtual pre-bid meeting hosted via Teams on July 6, 2023 at 1:00 P.M – 1:30 P.M. Click here to join the meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTIyM2M5M2EtM2NlNi00YWYzLWExNTgtMjQyNDVkNmEwNjEz%40thread.v2/0?context=%7b%22Tid%22%3a%2250f8fcc4-94d8-4f07-84eb-36ed57c7c8a2%22%2c%22Oid%22%3a%22500b03f4-43f1-4d96-812a-98946d80a37a%22%7d Invitation No. 572-24 2 SECTION II. SCOPE OF WORK & SPECIFICATIONS OF DELIVERABLES 2.1 Scope of Work The successful firm(s), or team of firms, will be required to assist with the following tasks: • Task #1: Contract Management. Manage the contract, including the budget, staff resources, progress reports, and invoices. Hold regular meetings with ODOT staff to review progress on tasks. • Task #2: Transit Development Plans. Assist subrecipients with developing a TDP or other transit plan. At a minimum, here are the required scope elements for TDPs conducted for rural agencies and small urbans in the Governor’s apportionment: o New TDP ▪ Outreach - with large employers/institutions, universities/colleges, human service agencies, agencies with contracts for transit service or potential agencies with contracted transit service needs, transit riders, and elected officials. Meaningful engagement with stakeholders and the public is key. Documented feedback is a required outcome. ▪ Existing service area – map of routes and facilities, description of service (modes, span, frequency). Describe any purchased service contracts or service partnerships with third parties. If applicable, describe service integration with intercity transit services and neighboring county transit services. ▪ Transit demand analysis ➢ Identify whether current needs are met ➢ Determine near-term and mid-term needs for the next 5 and 10 years. Analysis should include data on population, employment, minority populations, low-income households, student (college) populations, zero-car households, and current travel patterns. ▪ Goals, objectives, consistency with local and regional plans ▪ Communications and marketing – highlight ongoing and future efforts to communicate agency services to the public ▪ Any relevant performance measures for efficiency, coverage, access, affordability etc. ▪ Vehicle inventory – list of vehicles by type, mileage, age, and service usage (mode), identify the year these vehicles will be replaced. Discuss any planned change in fuel source or vehicle type. ▪ Financial Plan ➢ 10-year projected revenues (by source) and expenses (by type) ➢ Description of major capital projects planned for the next 10 years Invitation No. 572-24 3 ➢ Description of major service/operational changes planned for the next 10 years ➢ If your agency has un-obligated FTA funds from previous FFY years, a detailed plan to spend down previous year funds before they lapse ➢ Identify any funding issues o Interim TDP update – every 5 years. Updated elements need to include: existing service area, financial plan, communications and marketing, performance measures, and vehicle inventory. The descriptions above describe the required elements of a TDP and an interim update to a TDP. These are simply the required elements; Ohio transit agencies may require and prefer additional analysis and work. Vendors are encouraged to describe any other techniques or data analysis tools that they want to use during a TDP. ODOT wants to provide transit agencies with a wide range of options for TDPs. ODOT knows agency needs will vary greatly depending on current transit service, future needs, geography, and agency size. Also, agencies can use this contract to develop other transit plans, so vendors should give consideration to the tools and staffing necessary to complete a variety of transit plans. 2.2 Specifications of Deliverables - There will be multiple deliverables for task #2. Task/Activity/Product Responsible Party End Date 1. Contract Management Consultant team, ODOT 6/30/25 2. Transit Development Plans Consultant team, ODOT, transit agencies 6/30/25 SECTION III. Vendor Evaluation 3.1 Vendor Qualifications – proposals should demonstrate vendors qualifications or recent projects that demonstrate their ability to perform the proposed work. Proposals must include, at minimum: • Experience with outreach and stakeholder engagement. • Experience in data analysis and data driven planning. • Experience in financial planning. • Experience in transit policy development and analysis. • Experience in transit service analysis and recommendations. • Please include 2 client references for transit plans completed in the last 5 years. Information should include: name, email, and phone number. Invitation No. 572-24 4 3.2 Staff Experience and Capabilities – proposals should demonstrate significant expertise by assigning staff to key leadership roles. Proposals must include, at minimum: • Bios key staff proposed from vendor(s). • Identify the Contract Manager and any other key staff. • Staff experience in subject matters they are proposed to lead or work. • Resumes/curriculum vitae of those key staff that describe appropriate education, experience and expertise needed for the project. • Availability over the contract period. Vendor needs to have some availability over the next two years to complete multiple transit plans. Vendor should speak to their availability in their proposal. 3.3 Proposed Work Plan – proposals should demonstrate clear and concise approach to helping transit agencies develop Transit Development Plans through data analysis, stakeholder engagement, financial planning, policy analysis, and service analysis. SECTION IV. Vendor Submission and Questions 4.1 Proposal Submission Requirements Emailed submissions for this Request for Proposal will be received until 1:00PM eastern time on July 20, 2023 to the following email address: contracts.purchasing@dot.ohio.gov No proposals will be accepted after the date and time specified on this page. No hardcopy proposals will be accepted. ODOT reserves the right to reject any and all proposals. Timely receipt of proposals will be determined by the date and time the emailed proposal is received by the Office of Contracts. Receipt of proposals by any other mechanism other than email delivery to the Office of Contracts shall not be considered timely. All materials submitted in accordance with this solicitation become the property of the State of Ohio and shall not be returned. All materials submitted in accordance with this solicitation shall remain confidential until Successful Proposer(s) are selected after Round 2 at which time all submitted information becomes part of the public record. mailto:contracts.purchasing@dot.ohio.gov Invitation No. 572-24 5 4.2 Inquires Pre-proposal questions must be received no later than the close of business the Thursday prior to the scheduled opening date. An addendum being issued is dependent upon the information received and the impact on the competitive bidding process. All pre-proposal inquiries must have the following: Name of the Sender, Contractor or Company Name, Phone Number, Project Number, Letting Date, a detailed description of the question. Proposers are NOT to contact any other ODOT office, including District offices, for responses to pre-bid questions. Department responses will be posted to the following website: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ- Answers.doc Proposal Inquiries may be submitted at this link: https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/Purchase PBQ1.aspx Based upon the content of any received questions/clarifications, proposal requirements may, solely at the discretion of ODOT, be modified, changed or deleted. Any such changes to this RFP will be communicated by addendum and published to the ODOT website at the following URL: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpc omingITBs/RFP.aspx 4.3 Proposal Response Format The RFP Proposal response must contain information on how the Proposer intends to perform the services outlined in the RFP. Omission of required information may render a Proposer ineligible, and incomplete responses may result in the loss of points. The selected Proposer will become the Vendor of record with ODOT. Proposers must submit a response for the following areas: A. Vendor Qualifications (more details in section III) B. Staffing Experience and Capabilities (more details in section III) C. Proposed Work Plan (more details in section III) D. DBE Participation Plan http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/RFP.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/RFP.aspx Invitation No. 572-24 6 E. Cost Proposal (submitted SEPARATELY ATTACHMENT) F. Completed Front Page G. Completed Signature Page H. Completed and signed required FTA Federal Clauses (Exhibit A & B) Collectively, Parts A, B, and C may not exceed 30 pages. DBE Participation Plan Although this procurement has no DBE contract goal, and thus has no minimum requirement for DBE participation, the Proposer must include a DBE Participation Plan documenting any proposed race-neutral DBE participation. Eligible DBEs are those certified by the Ohio Unified Certification Program and listed in the Ohio Unified DBE Directory (https://www.dot.state.oh.us/Divisions/ODI/SDBE/Pages/DBE-Directory.aspx). The DBE Participation Plan must include one or more of the three items listed below, as applicable: • Listing of DBE subconsultants including their names, their roles and responsibilities, their applicable NAICS code(s), and expected subcontract amounts • A declaration that the proposer is a DBE and that the proposer is certified in applicable NAICS code(s) (specify) • A declaration that the proposer expects no DBE participation on this contract Cost Proposal The Proposer shall submit a SEPARATE Cost Proposal in the emailed response. Any proposal in which this Cost Proposal is not included will be considered non-responsive and the proposal will be rejected. The Proposer’s completed Cost Proposal shall become a part of the contract upon award of the contract. Develop a cost proposal that includes: developing a TDP for Chillicothe Transit System, Henry County Transportation Network, and Springfield City Area Transit. More information about these systems is available in Appendix A. The Cost Proposal shall be submitted in the Excel format. As a separate attachment from the proposal. 4.4 Sensitive Personal Information It is the sole responsibility of the vendor submitting a proposal to remove all personal confidential information (such as home addresses and social security numbers) of vendor staff and/or of any subcontractor and subcontractor staff from resumes or any other part of the proposal package. Following submission to ODOT, all proposals submitted may become part of the public record. ODOT reserves the right to disqualify any vendor whose proposal is found to contain such prohibited personal information. https://www.dot.state.oh.us/Divisions/ODI/SDBE/Pages/DBE-Directory.aspx Invitation No. 572-24 7 Technical Proposal Score Sheet Scoring of Technical Proposal Technical Proposals will be collectively scored by a Proposal Review Team (PRT) appointed by ODOT. For each of the evaluation criteria given in the score sheet, reviewers will collectively judge whether the technical proposal does not meet, partially meets, meets or exceeds each criterion, and assign the appropriate point value. The scoring is by consensus and one official score sheet will be completed for each technical proposal that is scored. Criteria for Considering the Cost Proposal The cost proposal will be reviewed by the PRT. The grand total of the vendor’s cost proposal will be divided by that vendor’s final technical proposal score. This compares the cost with the quality of the technical proposal, which will provide an average cost- per-quality point earned on the technical proposal. ODOT may, at its sole discretion, negotiate with all technically qualifying vendors for a revised cost proposal. Vendors may then: 1) Submit one last and best offer; 2) request that ODOT view its original cost proposal as its last and best offer; or 3) May formally withdraw from further consideration. The vendor shall formally indicate its choice according to directions provided by ODOT at that time. Upon receipt of all last and best offers, ODOT will then consider those vendors’ revised cost proposals. PHASE I: Initial Qualifying Criteria The proposal must meet all of the following Phase I proposal acceptance criteria in order to be considered for further evaluation. Any proposal receiving a “no” response to any of the following qualifying criteria shall be disqualified from consideration. ITE M # PROPOSAL ACCEPTANCE CRITERIA YE S NO 1 Was the vendor’s proposal received by the deadline as specified in the RFP? 2 Did the vendor submit a proposal comprised of a Technical Proposal and, in a separate, attachment, a Cost Proposal? 3 Did the vendor submit all necessary, and signed, required FTA clauses? PHASE II: Criteria for Scoring of Technical Proposal Invitation No. 572-24 8 Qualifying technical proposals will be collectively scored by a Proposal Review Team (PRT) appointed by ODOT. For each of the evaluation criteria given in the following score sheet, reviewers will collectively judge whether the technical proposal exceeds, meets, partially meets or does not meet the requirements expressed in the RFP, and assign the appropriate point value, as follows: 0 6 8 10 Does Not Meet Requirement Partially Meets Requirement Meets Requirement Exceeds Requirement Technical Performance Scoring Definitions: “Does Not Meet Requirement”- A particular RFP requirement was not addressed in the vendor’s proposal, Score: 0 “Partially Meets Requirement”-Vendor proposal demonstrates some attempt at meeting a particular RFP requirement, but that attempt falls below acceptable level, Score: 6 “Meets Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, potentially with only minor, non-substantial deviation, Score: 8 “Exceeds Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, and offers some additional level of quality in excess of ODOT expectations, Score: 10 A technical proposal’s total PHASE II score will be the sum of the point value for all the evaluation criteria. The review team will collectively score each individual qualifying proposal. Technical proposals which do not meet or exceed a total score of at least 215 points (a score which represents that the selected vendor has the capability to successfully perform the project/program services) out of a maximum of 280 points, will be disqualified from further consideration, and its cost proposal will neither be opened nor considered. Only those vendors whose Technical Proposals meet or exceed the minimum required technical points will advance to PHASE III of the technical proposal score sheet. ITE M # EVALUATION CRITERIA Weigh t Doesn ’t Meet 0 Partial Meets 6 Mee t 8 Excee d 10 WORK REQUIREMENTS VENDOR QUALIFICATIONS AND Invitation No. 572-24 9 EXPERIENCE 1 Prior experience with outreach and stakeholder engagement. 3 2 Prior experience with data driven planning. 3 3 Prior experience with financial planning 3 4 Prior experience with transit policy analysis and development. 2 5 Prior experience with transit service analysis and recommendations. 3 STAFFING PLAN 6 Qualifications of personnel – (education, experience, and training) 4 7 Resumes including identification of Contract Manager. 2 8 Proposer’s staff plan connects qualified staff to each individual task and is appropriately staffed for expertise and experience. 2 PROPOSED WORK PLAN 9 The vendor has demonstrated an understanding of the proposal. 1 10 The vendor has provided a clear and detailed response in terms of approach to transit agency and ODOT as clients and desired contract outcomes. 5 Column Subtotal of "Partially Meets" points Column Subtotal of "Meets" points Column Subtotal of "Exceeds" points GRAND TOTAL SCORE: Based upon the Grand Total Technical Score earned, does the vendor’s proposal meet or exceed the minimum technical score of 215 points? Yes__________ No_____________ (If “No” vendor’s Cost Proposal will NOT be opened) Cost Per Quality Point Vendors Total Submitted Cost: ________________ / Grand Total Technical Score: ______________ Cost per Quality Point: _______________ The Technical Proposal with the lowest Cost per Quality point will be recommended for award of the contract. If ODOT finds that one or more Proposals should be given further consideration, ODOT may select one or more of the highest-ranking Proposals to move to the Invitation No. 572-24 10 next phase. ODOT may alternatively choose to bypass any or all subsequent phases and make an award based solely on the Proposal evaluation phase. Invitation No. 572-24 11 Federal Clauses ACCESS TO RECORDS AND REPORTS a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts, and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract in accordance with 2 CFR § 200.337. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractor’s access to the sites of performance under this contract in accordance with 2 CFR § 200.337. RESTRICTIONS ON LOBBYING Conditions on use of funds. a. No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence 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 any of the following covered Federal actions: 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 of any Federal contract, grant, loan, or cooperative agreement. b. Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section. c. Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds. d. Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, whether that person has made or has agreed to make any payment to influence or attempt to influence 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 that loan insurance or guarantee. e. Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form if that person has made or has agreed to make any payment to influence or attempt to influence 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 that loan insurance or guarantee. Certification and disclosure (a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for: 1. Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or 2. An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000. (b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of: 1. A Federal contract, grant, or cooperative agreement exceeding $100,000; or 2. A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000, Unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section. (c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs (a) or (b) of this section. An event that materially affects the accuracy of the information reported includes: 1. A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2. A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, Invitation No. 572-24 12 3. A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of this section: 1. A subcontract exceeding $100,000 at any tier under a Federal contract; 2. A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant; 3. A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000; or, 4. A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative agreement, Shall file a certification, and a disclosure form, if required, to the next tier above. (e) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraphs (a) or (b) of this section. That person shall forward all disclosure forms to the agency. (f) Any certification or disclosure form filed under paragraph (e) of this section shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared by any tier to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31, U.S. Code. (g) For awards and commitments in process prior to December 23, 1989, but not made before that date, certifications shall be required at award or commitment, covering activities occurring between December 23, 1989, and the date of award or commitment. However, for awards and commitments in process prior to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at time of award or commitment but shall be filed within 30 days. (h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or CIVIL RIGHTS LAWS AND REGULATIONS The following Federal Civil Rights laws and regulations apply to all contracts. 1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to: (a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C.Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity. (b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246,“Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin. 2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex. 3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age. 4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies. Civil Rights and Equal Opportunity The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, Invitation No. 572-24 13 disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 5. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 1. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000: Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.” Invitation No. 572-24 14 CONFORMANCE WITH ITS NATIONAL ARCHITECTURE Intelligent Transportation Systems (ITS) projects shall conform to the National ITS Architecture and standards pursuant to 23 CFR § 940. Conformance with the National ITS Architecture is interpreted to mean the use of the National ITS Architecture to develop a regional ITS architecture in support of integration and the subsequent adherence of all ITS projects to that regional ITS architecture. Development of the regional ITS architecture should be consistent with the transportation planning process for Statewide and Metropolitan Transportation Planning (49 CFR Part 613 and 621). DEBARMENT AND SUSPENSION The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement 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 (Nonprocurement)," 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, each FTA Recipient must include in each prime contract a provision stating that 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: Invitation No. 572-24 15 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. 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. NOTICE TO THIRD PARTY PARTICIPANTS 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. 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. Invitation No. 572-24 16 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. FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS (1) The contractor certifies that it: (a) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (b) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months. If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third-Party Agreement with the Third-Party Participant without FTA’s written approval. (2) Flow-Down. The Recipient agrees to require the contractor to flow this requirement down to participants at all lower tiers, without regard to the value of any sub agreement. 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. NOTIFICATION TO FTA 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. Invitation No. 572-24 17 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. PATENT RIGHTS AND RIGHTS IN DATA Intellectual Property Rights This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the Agency intellectual property access and licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 37 C.F.R. part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Contract and shall, at a minimum, include the following restrictions: Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public. This restriction on publication, however, does not apply to any contract with an academic institution. For purposes of this Contract, the term “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract. 1. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for “Federal Government Purposes,” any subject data or copyright described below. For “Federal Government Purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party. a. Any subject data developed under the Contract, whether or not a copyright has been obtained; and b. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA. 2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct. 3. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. 4. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. 5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work. 6. The Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Invitation No. 572-24 18 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 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). a. 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). b. Telecommunications or video surveillance services provided by such entities or using such equipment. c. Telecommunications or video surveillance equipment or services procured 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 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. c. See Public Law 115-232, section 889 for additional information. d. See also § 200.471. PROMPT PAYMENT The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed. The contractor must promptly notify the Agency, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Agency. SAFE OPERATION OF MOTOR VEHICLES Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company­owned” and “company leased” refer to vehicles owned or leased either by the Contractor or Agency. Invitation No. 572-24 19 Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this Contract. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES Applies to States – a. To the extent required under federal law, the State, as the Recipient, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities: 1. The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project; 2. The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized; and 3. The amount of federal assistance FTA has provided for a State Program or Project. b. Documents - The State agrees to provide the information required under this provision in the following documents: (1) applications for federal assistance, (2) requests for proposals or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other publications. SIMPLIFIED ACQUISITION THRESHOLD Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317–200.327. The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy America’s eligibility and process requirements apply to any procurement in excess of $150,000. 49 U.S.C. § 5323(j)(13). SEVERABILITY The Contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidance will continue in effect. TERMINATION Termination for Convenience (General Provision) The Agency may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Agency’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to Agency to be paid the Contractor. If the Contractor has any property in its possession belonging to Agency, the Contractor will account for the same, and dispose of it in the manner Agency directs. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Agency may terminate this contract for default. Termination shall be affected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Agency, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience. Opportunity to Cure (General Provision) The Agency, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to Agency's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Agency from also pursuing all available remedies against Contractor and its sureties for said breach or default. Invitation No. 572-24 20 Waiver of Remedies for any Breach In the event that Agency elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by Agency shall not limit Agency’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract. Termination for Convenience (Professional or Transit Service Contracts) The Agency, by written notice, may terminate this contract, in whole or in part, when it is in the Agency’s interest. If this contract is terminated, the Agency shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Agency goods, the Contractor shall, upon direction of the Agency, protect and preserve the goods until surrendered to the Agency or its agent. The Contractor and Agency shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will ensure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provision of this contract, Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Agency may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Agency resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Agency in completing the work. The Contractor's right to proceed shall not be terminated nor shall the Contractor be charged with damages under this clause if: 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of Agency, acts of another contractor in the performance of a contract with Agency, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The Contractor, within [10] days from the beginning of any delay, notifies Agency in writing of the causes of delay. If, in the judgment of Agency, the delay is excusable, the time for completing the work shall be extended. The judgment of Agency shall be final and conclusive for the parties, but subject to appeal under the Disputes clause(s) of this contract. 3. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of Agency. Termination for Convenience or Default (Architect and Engineering) The Agency may terminate this contract in whole or in part, for the Agency’s convenience or because of the failure of the Contractor to fulfill the contract obligations. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Agency ‘s Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. Agency has a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other information and materials. If the termination is for the convenience of the Agency, the Agency’s Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Agency may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Agency. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Agency Termination for Convenience or Default (Cost-Type Contracts) Invitation No. 572-24 21 The Agency may terminate this contract, or any portion of it, by serving a Notice of Termination on the Contractor. The notice shall state whether the termination is for convenience of Agency or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the Contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the Agency, or property supplied to the Contractor by the Agency. If the termination is for default, the Agency may fix the fee, if the contract provides for a fee, to be paid the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Agency and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of Agency, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a Notice of Termination for Default, the Agency determines that the Contractor has an excusable reason for not performing, the Agency, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience. TRAFFICKING IN PERSONS a. The contractor agrees that it and its employees that participate in the Recipient’s Award, may not: b. Engage in severe forms of trafficking in persons during the period of time that the Recipient’s Award is in effect; c. Procure a commercial sex act during the period of time that the Recipient’s Award is in effect; or(c) Use forced labor in the performance of the Recipient’s Award or sub agreements thereunder. d. VIOLATION AND BREACH OF CONTRACT Disputes: Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the agency. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the agencies authorized representative. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the agencies authorized representative shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance during Dispute: Unless otherwise directed by the agencies authorized representative, contractor shall continue performance under this contract while matters in dispute are being resolved. Claims for Damages: Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Remedies: Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the agencies authorized representative and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Agency is located. Rights and Remedies: Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Agency or contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Invitation No. 572-24 22 Exhibit A Federal Certifications CERTIFICATION AND RESTRICTIONS ON LOBBYING I,_____________________________________________________________________ _hereby certify (Name and title of official) On behalf of ______________________________________________________________________ that: (Name of Bidder/Company Name) • 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 any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of 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 of any federal contract, grant, loan, or cooperative agreement. • If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. • The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, 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 undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801, et seq., are applicable thereto. Invitation No. 572-24 23 Name of Bidder/Company Name:_________________________________________________________ Type or print name: ___________________________________________________________________ Signature of authorized representative:___________________________________Date____/____/____ Exhibit B GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. 1. It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR 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 (Nonprocurement),” 2 CFR part 180, 2. To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier: a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently: 1. Debarred 2. Suspended 3. Proposed for debarment 4. Declared ineligible 5. Voluntarily excluded, or 6. 6. Disqualified 7. b. Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for: 1. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction, 2. Violation of any Federal or State antitrust statute, or, 3. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property, c. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 2.b of this Certification, d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification, e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide that information to FTA, f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it: 1. Equals or exceeds $25,000, 2. Is for audit services, or, 3. Requires the consent of a Federal official, and g. It will require that each covered lower tier contractor and subcontractor: 1. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and 2. Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be: a. Debarred from participation in its federally funded Project, b. Suspended from participation in its federally funded Project, c. Proposed for debarment from participation in its federally funded Project, d. Declared ineligible to participate in its federally funded Project, e. Voluntarily excluded from participation in its federally funded Project, or f. Disqualified from participation in its federally funded Project, and Invitation No. 572-24 24 3. It will provide a written explanation as indicated on a page attached in FTA’s TrAMS platform or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its Third-Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group. 3. It will provide a written explanation as indicated on a page attached in FTA’s TrAMS platform or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its Third-Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group. Certification Contractor________________________________________________________________________________________________ Signature of Authorized Official:/_______________________________________________Date_________/________/__________ Name and Title of Contractor's Authorized Official:________________________________________________________________ Invitation No. 572-24 25 Appendix A http://www.chillicothe.com/transit.html 20 E 2Nd St Chillicothe, Oh 45601-2523 General Information Financial Information Sources of Operating Funds Expended Fare Revenues $47,125 0.8% Local Funds $32,509 0.6% State Funds $377,351 6.4% Federal Assistance $3,580,923 60.9% Other Funds $1,846,803 31.4% Total Operating Funds Expended $5,884,711 100.0% Sources of Capital Funds Expended Operating Funding Sources Capital Funding Sources Operation Characteristics Vehicles Operated at Maximum Service Modal Characteristics Directly Purchased Operating Fare Uses of Capital Annual Vehicle Annual Vehicle Mode Operated Transportation Expenses Revenues Funds Annual Unlinked Trips Revenue Miles Revenue Hours Demand Response 13 - $2,925,311 $9,014 $0 67,424 63,375 9,603 Bus 3 - $2,959,400 $38,111 $157,662 68,323 257,989 11,975 Total 16 - $5,884,711 $47,125 $157,662 135,747 321,364 21,578 Performance Measures Service Efficiency Service Effectiveness Operating Expenses Operating Expenses per Operating Expenses per per Unlinked Unlinked Trips per Unlinked Trips per $20.00 $15.00 $10.00 $5.00 $0.00 Operating Expense per Vehicle Revenue Mile: Agency Total 14 15 16 17 18 19 20 21 0.50 0.40 0.30 0.20 0.10 0.00 Unlinked Passenger Trips per Vehicle Revenue Mile: Agency Total Database Information Assets NTDID: 5R05-50429 Revenue Vehicles Reporter Type: Rural General Public Transit Service Vehicles Asset Type: Tier II Facilities Sponsor NTDID: 5R05 19 - 1 Fare Revenues $0 0.0% Local Funds $0 0.0% State Funds $0 0.0% Federal Assistance $157,662 100.0% Other Funds $0 0.0% Total Capital Funds Expended $157,662 100.0% Mode Vehicle Revenue Mile Vehicle Revenue Hour Demand Response $46.16 $304.62 Bus $11.47 $247.13 Total $18.31 $272.72 Mode Passenger Trip Vehicle Revenue Mile Vehicle Revenue Hour Demand Response $43.39 1.1 7.0 Bus $43.31 0.3 5.7 Total $43.35 0.4 6.3 31.4% 0.8% 0.6% 6.4% 60.9% 100.0% Chillicothe Transit System 2021 Annual Agency Profile Performance Measure Targets - 2022 Performance Measure - Asset Type - Target % not in State of Good Repair Equipment - Automobiles - 30% Equipment - Trucks and other Rubber Tire Vehicles - 0% Facility - Administrative / Maintenance Facilities - 30% Facility - Passenger / Parking Facilities - 0% Rolling Stock - AO - Automobile - 30% Rolling Stock - BU - Bus - 21% Rolling Stock - CU - Cutaway - 2% Rolling Stock - MV - Minivan - 10% Rolling Stock - SV - Sports Utility Vehicle - 30% Rolling Stock - VN - Van - 10% Service Consumption 135,747 Annual Unlinked Trips (UPT) Service Supplied 321,364 Annual Vehicle Revenue Miles (VRM) 21,578 Annual Vehicle Revenue Hours (VRH) Summary of Operating Expenses (OE) $5,884,711 Total Operating Expenses http://www.chillicothe.com/transit.html Invitation No. 572-24 26 14 15 16 17 18 19 20 21 Invitation No. 572-24 27 Vehicles Operated at Maximum Service Directly Operated Purchased Transportation 20 - 20 - Operating Expenses $1,615,674 $1,615,674 Fare Revenues $0 $0 http://www.henrycountyohio.com 1853 Oakwood Ave Napoleon, Oh 43545-9243 General Information Financial Information Operation Characteristics Mode Demand Response Total Performance Measures Sources of Operating Funds Expended Fare Revenues $0 0.0% Local Funds $260,471 16.1% State Funds $62,628 3.9% Federal Assistance $1,292,575 80.0% Other Funds $0 0.0% Total Operating Funds Expended $1,615,674 100.0% Sources of Capital Funds Expended Modal Characteristics Operating Funding Sources Capital Funding Sources $3.00 $2.50 $2.00 $1.50 $1.00 $0.50 $0.00 Operating Expense per Vehicle Revenue Mile: Agency Total 20 21 0.10 0.08 0.06 0.04 0.02 0.00 Unlinked Passenger Trips per Vehicle Revenue Mile: Agency Total 20 21 24 1 - Fare Revenues $0 0.0% Local Funds $0 0.0% State Funds $0 0.0% Federal Assistance $330,584 100.0% Other Funds $0 0.0% Total Capital Funds Expended $330,584 100.0% 16.1% 80.0% 3.9% 100.0% Uses of Capital Funds Annual Unlinked Trips Annual Vehicle Revenue Miles $330,584 43,009 687,211 $330,584 43,009 687,211 Annual Vehicle Revenue Hours 19,473 19,473 Mode Demand Response Total Mode Demand Response Total Henry County Transportation Network 2021 Annual Agency Profile Performance Measure Targets - 2022 Performance Measure - Asset Type - Target % not in State of Good Repair Equipment - Automobiles - 30% Equipment - Trucks and other Rubber Tire Vehicles - 0% Facility - Administrative / Maintenance Facilities - 30% Facility - Passenger / Parking Facilities - 0% Rolling Stock - AO - Automobile - 30% Rolling Stock - BU - Bus - 21% Rolling Stock - CU - Cutaway - 2% Rolling Stock - MV - Minivan - 10% Rolling Stock - SV - Sports Utility Vehicle - 30% Rolling Stock - VN - Van - 10% Service Consumption 43,009 Annual Unlinked Trips (UPT) Service Supplied 687,211 Annual Vehicle Revenue Miles (VRM) 19,473 Annual Vehicle Revenue Hours (VRH) Summary of Operating Expenses (OE) $1,615,674 Total Operating Expenses Database Information Assets NTDID: 5R05-55480 Revenue Vehicles Reporter Type: Rural General Public Transit Service Vehicles Asset Type: Tier II Facilities Sponsor NTDID: 5R05 Service Efficiency Operating Expenses per Vehicle Revenue Mile Operating Expenses per Vehicle Revenue Hour $2.35 $82.97 $2.35 $82.97 Service Effectiveness Operating Expenses per Unlinked Passenger Trip Unlinked Trips per Vehicle Revenue Mile Unlinked Trips per Vehicle Revenue Hour $37.57 0.1 2.2 $37.57 0.1 2.2 http://www.henrycountyohio.com/ Invitation No. 572-24 28 General Information Financial Information Urbanized Area (UZA) Statistics - 2010 Census Sources of Operating Funds Expended Operating Funding Sources Capital Funding Sources Springfield, OH Fare Revenues $113,269 5.6% 49 Square Miles Local Funds $117,929 5.8% 85,256 Population State Funds $219,503 10.8% 337 Pop. Rank out of 498 UZAs Federal Assistance $1,532,618 75.6% 2.1% Other Funds $42,864 2.1% Total Operating Funds Expended $2,026,183 100.0% 5.6% 3.6%0.4% Service Area Statistics 25 Square Miles Sources of Capital Funds Expended 5.8% 58,662 Population Fare Revenues $0 0.0% 75.6% Local Funds $23,577 3.6% 10.8% Service Consumption State Funds $2,561 0.4% 112,319 Annual Unlinked Trips (UPT) Federal Assistance $635,557 96.0% Other Funds $0 0.0% 96.0% Service Supplied Total Capital Funds Expended $661,695 100.0% 245,563 Annual Vehicle Revenue Miles (VRM) 18,846 Annual Vehicle Revenue Hours (VRH) Assets Revenue Vehicles 29 Database Information Service Vehicles 2 NTDID: 50020 Asset Type: Tier II Facilities 2 Reporter Type: Reduced Reporter Sponsor NTDID: Modal Characteristics Operation Characteristics Vehicles Operated at Maximum Service Mode Directly Operated Purchased Transportation Operating Expenses Fare Revenues Uses of Capital Funds Annual Unlinked Trips Annual Vehicle Revenue Miles Annual Vehicle Revenue Hours Average Fleet Age in Yearsa Demand Response - 5 1 $163,278 1 $23,580 $0 1 6,052 20,918 1,652 6.0 Bus - 8 1 $1,862,905 1 $89,689 $661,695 1 106,267 224,645 17,194 9.2 Total - 13 $2,026,183 $113,269 $661,695 112,319 245,563 18,846 Performance Measure Targets - 2022 Performance Measure - Asset Type - Target % not in State of Good Repair Equipment - Trucks and other Rubber Tire Vehicles - 100% Facility - Administrative / Maintenance Facilities - 0% Facility - Passenger / Parking Facilities - 0% Rolling Stock - BU - Bus - 0% Rolling Stock - CU - Cutaway - 15% Performance Measures Service Efficiency Service Effectiveness Operating Expenses Operating Expenses per Operating Expenses per per Unlinked Unlinked Trips per Unlinked Trips per $10.00 $8.00 $6.00 $4.00 $2.00 $0.00 Operating Expense per Vehicle Revenue Mile: Bus 12 13 14 15 16 17 18 19 20 21 1.50 1.00 0.50 0.00 Unlinked Passenger Trips per Vehicle Revenue Mile: Bus 12 13 14 15 16 17 18 19 20 21 $10.00 $5.00 $0.00 Operating Expense per Vehicle Revenue Mile: Demand Response 12 13 14 15 16 17 18 19 20 21 0.40 0.30 0.20 0.10 0.00 Unlinked Passenger Trips per Vehicle Revenue Mile: Demand Response 12 13 14 15 16 17 18 19 20 21 https://springfieldohio.gov/scat/ 76 E High St P.O. Box 2239 Springfield, Oh 45502-1214 City of Springfield, Ohio dba Springfield City Area Transit 2021 Annual Agency Profile Mr. Bryan Heck (937) 324-7305 Mode Vehicle Revenue Mile Vehicle Revenue Hour Demand Response $7.81 $98.84 Bus $8.29 $108.35 Total $8.25 $107.51 Mode Passenger Trip Vehicle Revenue Mile Vehicle Revenue Hour Demand Response $26.98 0.3 3.7 Bus $17.53 0.5 6.2 Total $18.04 0.5 6.0 https://springfieldohio.gov/scat/ Invitation No. 572-24 29 Notes: aDemand Response - Taxi (DR/TX) and non-dedicated fleets do not report fleet age data. 1Includes data for a contract with another reporter. *This agency ha