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Page 65<br />

ATTACHMENT 2<br />

The Recipient agrees to comply with all applicable standards, orders, or regulations issued<br />

pursuant to the Clean Air Act, as amended, 42 U.S.C. <br />

7401 et seg. Specifically:<br />

(a) The Recipient agrees to comply with applicable requirements of U.S. EPA<br />

regulations, “ Conformity to State or Federal Implementation Plans of Transportation<br />

Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or<br />

the Federal Transit Act, 40 C.F.R. Part 51, Sub-part T; and Determining Conformity of<br />

Federal Actions to State or Federal Implementations Plans,” 40 C.F.R. Part 93. To support<br />

the requisite air quality conformity fining for the Project, the Recipient agrees to implement<br />

each air quality mitigation and control measure incorporated in the Project. The Recipient<br />

agrees that any Project identified in an applicable State Implementation Plan (SIP) as a<br />

Transportation Control Measure, will be wholly consistent with the description of the design<br />

concept and scope of the Project described in the SIP.<br />

(b) U.S. EPA also imposes requirements the Clean Air Act, as amended, that may<br />

apply to transit operators, particularly operator’s pf large transit bus fleets. Thus, the<br />

Recipient should be aware that the following U.S. EPA regulations, among others, may<br />

apply to its Project: “Control of Air Pollution from Motor Vehicles and Motor Vehicle<br />

Engines,” 40 C.F.R. Part 85, Control of Air Pollution from New and In-Use Motor Vehicles<br />

and New and In-Use Motor Vehicles Engines: Certification and Test Procedures, “40<br />

C.F.R. Part 86, and “Fuel Economy of Motor Vehicles,” 40 C.F.R. Part 600.<br />

The Recipient agrees to report and require each third party contractor and subrecipient<br />

at any tier to report any violation of these requirements resulting from any Project<br />

implementation activity of a third party contractor, sub-recipient or itself to FTA and<br />

appropriate U.S. EPA Regional Office.<br />

(3) Clean Water: The Recipient agrees to comply with all applicable standards,<br />

orders, or regulations issued pursuant to Federal Water Pollution<br />

Control Act, as amended, 33 U.S.C. <br />

1251 et seg.<br />

J. Buy America Provision<br />

This procurement is subject to the FTA Buy America Requirements in 49 CFR 661<br />

and as identified in Section 12j, 182, of the Federal Transit Act. Attachment A-3.<br />

The bidder must also submit a list or component breakdown to certify the domestic<br />

content of product components and sub-components.<br />

K. Pre-Award and Post-Delivery Audit of Bus Purchases –<br />

Pursuant to 49 CFR Part 663 each transit agency will conduct a pre-award and<br />

post-delivery audit of their bus purchases. This provision of this bid document is a<br />

responsibility of the transit agency or the Department of Rail and Public Transportation<br />

(DRPT); however, the awarded bidder by this reference agrees to supply or submit the<br />

appropriate information captioned by this rule upon request of the auditing transit agency.<br />

L. Bus Testing Requirements<br />

This procurement is subject to Federal Transit Administration Requirements in 48<br />

CFR 665. Al new model buses and vans acquired with Federal assistance, either by<br />

purchase or lease, are now subject to the testing requirements as defined in Bus Testing<br />

regulations. Documentation certifying that said testing has been completed and a

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