NYSDOT AMERICAN RECOVERY AND REINVENTMENT ACT OF 2009 (ARRA) TO BE ADMINISTERED THROUGHT THE FEDERAL SECTION 5311/5311(f) PROGRAM PROCESS

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1 NYSDOT AMERICAN RECOVERY AND REINVENTMENT ACT OF 2009 (ARRA) TO BE ADMINISTERED THROUGHT THE FEDERAL SECTION 5311/5311(f) PROGRAM PROCESS CAPITAL ASSISTANCE APPLICATION INSTRUCTIONS THIS APPLICATION FOR FUNDING REQUIRES QUICK ACTION ON THE PART OF EACH POTENTIAL GRANTEE. PLEASE PUBLISH A PUBLIC NOTICE (SEE APPENDIX A FOR THE LANGUAGE TO USE) AND PASS A RESOLUTION (SEE APPENDIX B FOR THE LANGUAGE TO USE) AS SOON AS POSSIBLE TO AVOID DELAYS. Please note that filing this application does not commit the intercity bus operator or NYSDOT to funding the project. If the application is approved by NYSDOT and the Federal Transit Administration (FTA), in whole or in part, NYSDOT will notify the operator of the approval and a grant agreement will be entered into between the intercity bus company and New York State. Applicants not approved for funding will be advised of the decision. An electronic version of the application is being sent to each operator s manager or other person responsible for preparing the application. A paper copy is available upon request. Part I. Application Cover Sheet The Cover sheet requests information on the applicant contact person as well any third party contractor. For the Description of the Proposed Project, one or both of the descriptions should be checked and the geographic areas that will be served by the project should be listed. The Total Estimated Project Cost Amount should be brought forward from the Project Budget in Part II. Part II. A. Project Budget This is a summary of the equipment being requested in the application. The Federal share of the project will be 100% through the enacted Stimulus Package (ARRA). THIS FORM HAS BEEN PRE-FILLED BASED ON THE PRELIMINARY REQUESTS SUBMITTED DURING THE PAST FEW WEEKS AND A REVIEW OF THE REQUESTS AGAINST THE AVAILABLE FUNDING AND THE GOALS OF THE STIMULUS PROGRAM. PLEASE CALL NYSDOT STAFF TO DISCUSS ANY CHANGES. B. Section 5311(f) Vehicle/Capital Equipment Request Form This form should be completed for each type of vehicle or other capital equipment being requested. A Bus Description listing, showing general information about available vehicles and estimated costs, is enclosed. The request should be based on the items requested in the Equipment Request Survey submitted several weeks ago and should reflect vehicles and other equipment needed during the next two years. The NYSDOT Section 5311/5311(f) Equipment Disposition and Spare Vehicle Policy, attached as APPENDIX B should be consulted for guidance on useful life and disposal of vehicles. C. Fleet Composition This form requires the applicant to describe the composition of the fleet as it exists today for intercity service and by status as active or inactive. Explanatory notes can be added in the Narrative text box. Please provide a SUMMARY OF CURRENT FLEET IN OPERATION. 1

2 Exhibit 1 Documentation of Public Participation and Coordination Requirements Please take into consideration that time must be allowed for responses to comments or to hold a public hearing if necessary. THE PUBLIC NOTICE SHOULD BE ISSUED AS SOON AS POSSIBLE AFTER DECIDING WHAT EQUIPMENT YOUR COMPANY WILL APPLY FOR. (1) Prepare a Public Notice for the project, following the form and language of the NYSDOT model attached as APPENDIX A. A company representative should be designated as the individual to receive comments on the project. (2) Have the Public Notice published as a PAID advertisement (preferably at least 3" X 5" in size) in at least one newspaper of general circulation that has circulation coverage of the entire project service area. If no single newspaper covers the project area, the Notice must be published in a sufficient number of newspapers so that the entire project service area is covered. Include a copy of the ACTUAL PAID ADVERTISEMENT(S) in your application which shows the name and the date of the publication. Please obtain from the newspaper a notarized affidavit of advertisement along with a copy of the ad and send a copy the notarized affidavit to NYSDOT and maintain the original in your records as part of this project s file. (3) A Public Notice Mailing Labels Document is included which lists private bus and taxi operators, public transportation operators, and human service agency operators (e.g. offices for the aging, department of social services, senior citizens organizations, community action agencies, head start, community workshops, associations for individuals with disabilities, Section 5310 operators, etc.) that we are aware of in or adjacent to the project service area. If there are other operators not on the list that you are aware of, please add them to the list. You must mail an 8 ½ x 11 copy of the Public Notice to each one on the list. It is not necessary that you send letters accompanying the Public Notice. (4) You must respond in writing to all substantive comments you receive from the public, private bus or taxi companies, public transportation operators or human service agencies, especially any comments requesting more information, requesting service coordination or submitting proposals for the service. Please note that all recipients of capital assistance must afford the opportunity for a public hearing if the project affects significant economic, social or environmental interests. If a public hearing is held, provide a copy of the hearing record. For applicants within the planning boundary of an urbanized area, the public hearing requirement may be satisfied through the local TIP public participation process. SAFETEA-LU requires that to the extent feasible, governmental agencies and nonprofit organizations that receive assistance from other Federal agencies for non-emergency transportation services shall participate and coordinate with FTA recipients in the design and delivery of transportation services and be included in the planning for those services. Please take this requirement into consideration as you plan your service. Any requests for copies of project service descriptions from private bus and taxi companies must be filled promptly. In such cases, you must allow an additional ten days from the date a private operator receives the project service description for a proposal to be received. Proposals from private, for profit companies to operate the service should be considered and evaluated carefully. (5) Include with your Section 5311(f) application copies of ALL comments on the project, from any source; also include copies of written responses to any of these comments that involve significant or substantive issues. 2

3 (6) Attach a copy of the documentation to the Exhibit 1 Checklist. If no comments were received, the statement certifying this must be signed by an official of the applicant. Exhibit 2 FFY 2009 Certifications and Assurances for FTA Assistance The applicant may check the first category or the individual categories that apply. If you contract with a third party, an authorized official of the third party contractor must sign and complete where designated. The applicant and its third party contractor (if applicable) should each retain a copy of the Certifications and Assurances. Only the signature portions of the Certifications and Assurances should to be returned to NYSDOT. Exhibit 3. Section 5333(b) (formerly 13(c)) Documentation and Agreement to Terms & Conditions of the Special Warranty Section 5333(b) is the Labor Protection provision required under Federal law. Its purpose is to protect the employees of public transportation operators who may be affected by federally funded mass transportation projects. Section 5333(b) covers both "unionized" and "non-unionized" operators of public transportation services. In order to accomplish this, the United States Department of Transportation (USDOT) and the United States Department of Labor (USDOL) have developed a Special Warranty and Model Agreement which establishes procedures designed to protect employees from being adversely affected by a project using federal mass transportation funds. Agreement to the terms and conditions of the 5333(b) Warranty and Model Agreement by the Applicant or the Operator, or a granting of a waiver of the 5333(b) requirements for the project by the USDOL, is required before federal Section 5311(f) funds may be released for a project. This Section 5333(b) document must be completed and signed and included with the application, even if the Special Warranty was previously signed for a Section 5311(f) project by the Applicant or the Operator for the same transportation operation or service. The exhibit is forwarded by NYSDOT to the USDOL. A USDOL Guidebook, explaining the provisions of the Special 5333(b) Warranty in more detail, may be obtained from USDOL or NYSDOT. Instructions for Section 5333(b) Documentation & Agreement to the Special Warranty: Complete the Exhibit according to the following instructions and include it with your application: 1. Name and Address of Project Applicant/Recipient: Enter the name and address of the intercity bus company as the applicant/recipient of Section 5311(f) funds. 2. Project Description: Complete and fill in for this project. 3. County and Service Area of Project: Provide a brief description of the geographic boundaries of the service area intended for funding with this application, including any adjacent areas affected by the project. 4. Public Transportation Operators and Unions: List all current operators of public transportation in the above service area who are eligible recipients of federal section 5311 or 5311(f) funding assistance and any labor organizations representing those employees. The list should include all providers or operators of public transportation including the applicant itself -- both union and non- 3

4 union -- who will be receiving Section 5311 or 5311(f) project funds or are potentially eligible to apply for Section 5311 or 5311(f) funds or that operate in the project service area or adjacent areas. This includes all private bus companies who pick up and discharge passengers within the service area as well as public municipal transit systems. Also, any intercity bus operators (such as Greyhound or Trailways) that have stops within the service area must be included on the list. Human service agencies or private non-profit organizations that do not provide open-to-the-public transportation should NOT be listed. Taxi companies should NOT be listed unless they provide shared-ride transportation on a regular and continuing basis; "shared-ride" taxi service means that no one individual can reserve the taxi for the entire trip and the fares for rides are shared among the passengers. 5. Certification: The Certification should be signed by an authorized representative of the Applicant/Recipient. Exhibit 4. Title VI/DBE Activities Assurance Under Title VI of the Civil Rights Act of 1964, recipients of federal funds must provide information regarding lawsuits or complaints of discrimination. Please check the YES or NO spaces as indicated and attach any description, status or summary as required. In addition, this Exhibit reminds recipients of their obligations to comply with USDOT's DBE regulations. Please note that new guidance on DBE requirements has been issued. The applicant's chief elected or designated official must sign this exhibit. If you intend to contract with a third party, an authorized official of the third party contractor must sign and complete where designated. 4

5 APPENDIX A MODEL SECTION 5311(f) CAPITAL ASSISTANCE PROJECT PUBLIC NOTICE Public notice is hereby made that the (specify name of Intercity Bus Company) is applying for federal financial assistance to purchase up to (describe what will be purchased; i.e. up to X buses, Y shelters, Z maintenance items, etc.) that will be used to provide/support public transportation service for (specify the type of service (e.g. fixed-route and/or demand responsive)and the general service area covered). The transportation service will be available to the general public during all hours of operation. The project is expected to be financed by 100% federal funds made available to the company through the American Recovery and Reinvestment Act of The total federal share is expected to be up to $. Comments on the proposed project are invited from the general public, private bus and taxi companies, other public transportation providers and human service agencies. Interested parties may comment on the project or obtain more details about the project by writing to: Name of Intercity Bus Company s Contact Person Address Telephone Number or Human service agencies that receive assistance from other Federal agencies for non-emergency transportation services are encouraged to participate and coordinate with the provider in the planning, design and delivery of transportation services. Agencies may obtain copies of the service proposal and submit proposals for service coordination. Private bus and taxi operators may request copies of the project service description from the above named person and may submit comments on the service as described. If you wish to comment on any aspect of the proposed project, submit a proposal or a request for service coordination, you must make your interest known in writing within ten days of the date of this publication and provide your comments within ten days of your receipt of the project service description. Your requests and/or comments must be forwarded to the above person. NOTE: A PUBLIC HEARING ON THE PROJECT MUST BE HELD IF THE PROJECT AFFECTS SIGNIFICANT ECONOMIC, SOCIAL OR ENVIRONMENTAL INTERESTS. If this is the case, this notice should include the date and time of the public hearing. 5

6 APPENDIX B NEW YORK STATE EQUIPMENT DISPOSITION AND SPARE VEHICLE FACTOR POLICY FOR SECTION 5311/5311(f) FUNDED EQUIPMENT (Revised March, 2009) The federal grant management guidelines permit a state to use, manage, and dispose of equipment acquired under Section 5311/5311(f) grants in accordance with State laws and procedures. FTA further requires that any proceeds from the disposition of Section 5311/5311(f) equipment must be used for mass transit project purposes. This NYSDOT policy sets the useful life standards and spare vehicle factor for equipment purchased with the FTA Section 5311/5311(f) program funds administered by NYSDOT and establishes the procedures to be followed in disposing of this federally funded equipment. This policy applies to both the Federal and State shares of the equipment. I ALLOWABLE SPARE FACTOR FOR BUSES For Section 5311/5311(f) operators, the spare bus factor is 20% of the peak fleet need for revenue service vehicles. Where 20% of the peak fleet need is less than one bus, at least one spare bus may be allowed. Peak fleet need is defined as the revenue vehicle count needed during the peak season of the year; on the week and day that maximum service is provided. It excludes atypical days and one-time special events. II MINIMUM USEFUL LIFE STANDARDS IN YEARS AND MILEAGE FOR BUSES PURCHASED UNDER THE FEDERAL AND STATE SECTION 5311/5311(f) PROGRAM. USEFUL LIFE STANDARDS FOR TRANSIT VEHICLES Vehicle Description Anticipated Years of Service Anticipated Mileage Heavy-Duty Large Buses (35'- 45') ,000 Heavy-Duty Mid-sized Buses (30' - 35') (OGS Type IV, V) ,000 Medium-Duty Purpose Built Buses (25' - 35') (OGS Type VI) 7 200,000 Light-Duty Mid-sized Buses (25' - 35') 5 150,000 Light-Duty Small Buses/ Vans (16' - 28') (OGS Type I, II, III) 4 100,000 Vehicles will be considered eligible to be replaced and retired when they have met or exceeded the standards. NYSDOT will start the replacement process when the vehicle is within one to two years of reaching the years and/or miles standards to allow for the length of time it takes to order, manufacture and deliver some buses. 6

7 III MINIMUM USEFUL LIFE STANDARDS FOR OTHER EQUIPMENT PURCHASED WITH FEDERAL AND STATE FUNDS Useful Life Standards for Other Equipment Equipment Type Anticipated Years of Service Two-way Radios 10 Fare boxes 10 Passenger Shelters 15 Personal Computers 5 The above listed types of equipment will be considered eligible to be replaced and disposed of when they have met or exceeded the standards. IV. DISPOSITION OF VEHICLES OR EQUIPMENT THAT HAVE MET THE USEFUL LIFE STANDARDS A. If a vehicle or other equipment is determined to be useable for regular or incidental transit use based on information supplied by the grantee (vehicle condition, repair history and cost to repair, etc.), NYSDOT, in consultation with the grantee, will make a determination of its disposition as follows: 1. The grantee may keep the vehicle or equipment as a spare or reserve (if kept as a spare, vehicle use must be consistent with the State=s spare factor policy); or 2. The grantee may transfer it to another grantee selected by NYSDOT; or 3. The grantee may sell the vehicle or equipment by determining the fair market value (See Part C below). Following the sale, the vehicle or equipment becomes the sole property of the new owner and there is no remaining Federal or State interest in it. B. If the vehicle or equipment is determined not to be useable for regular or incidental transit use based on information supplied by the grantee (vehicle age and condition, mileage, repair history, cost to repair, etc.), NYSDOT, in consultation with the grantee, will make a determination of its disposition as follows: 1. The grantee may keep the vehicle or equipment for parts only or transfer it to another grantee selected by NYSDOT to be used for parts only; or 2. The grantee may sell the vehicle or equipment by determining the fair market value (see Part C below). Following the sale, the vehicle or equipment becomes the sole property of the new owner and there is no remaining Federal or State interest in it. 7

8 C. Fair Market Value, Disposition Costs, and Proceeds from Sale of Equipment The fair market value of any equipment is established by a public auction, solicitation of open, competitive bids or by an appraisal. When an appraisal is called for, the grantee will have an appraisal done by its local dealer, garage, independent appraisal service or local school district, as appropriate. The appraisal shall be made of the equipment in as-in condition and will be forwarded to NYSDOT for concurrence. To cover the cost of disposition, the grantee may deduct from the fair market value the documented cost of disposition. The net income from asset sales (the fair market value minus the cost of disposition) must remain in use for mass transit purposes. This may include using the funds to reduce the gross project cost of other FTA eligible capital transit projects or using the funds as auxiliary revenue towards the operating expenses of the service. The grantee is expected to record the receipt of the proceeds in the grantee=s accounting system, showing that the funds are restricted to mass transit uses. V. DISPOSITION OF VEHICLES AND OTHER EQUIPMENT THAT HAVE NOT MET THE USEFUL LIFE STANDARDS. If a grantee wishes to request early replacement or withdraw a vehicle or other equipment from service before it has met the established useful life standards, NYSDOT will make a determination of the equipment=s usefulness and its disposition based on its current value considering the condition and/or repair history, straight line depreciation, etc., as appropriate. The grantee should be prepared to supply the information required by NYSDOT to make such determination. A. If NYSDOT determines that the vehicle or other equipment is not eligible for early replacement, or may be usable by another grantee, NYSDOT, in consultation with the grantee, will make a determination of its disposition as follows: 1. The grantee may keep the vehicle or other equipment in service; or 2. The grantee may transfer it to another grantee selected by NYSDOT. NYSDOT will consult with the parties to return the prorated 10% local share to the original grantee; or 3. The grantee may sell the vehicle or other equipment based on an appraisal of its value. The grantee will return 90% of the selling price, less any documented costs related to the sale, to NYSDOT. NYSDOT may choose instead to deduct the net selling price from the grantee s next capital or operating assistance projects. B. If NYSDOT determines that the vehicle or other equipment is eligible for early replacement or disposal, the grantee may dispose of it in accordance with Section IV. 8

9 VI. DISPOSITION OF EQUIPMENT DESTROYED OR DAMAGED IN FIRE/ACCIDENTS/ETC. All equipment purchased with Federal and State funds MUST BE covered by insurance. If equipment damaged by fire, accident, etc. is repairable, the grantee should negotiate a settlement with the insurer, get the equipment repaired and place it back into service. Repaired equipment is not replaceable, in this case, until it reaches its normal useful life standard. If the equipment is not repairable, it is eligible for replacement: A. If the grantee wishes to replace the equipment, the insurance claims payment plus any interest earned on it must be applied to the cost of the replacement equipment. B. If the grantee does not wish to replace the equipment, the insurance claims payment is considered the fair market value. NYSDOT will advise the grantee to either return 90% of the insurance claims payment (less any expenses associated with the settlement) or record the receipt of the claims payment in the grantee=s accounting system, showing that the funds are restricted to being used for mass transit purposes. This may include using the funds to reduce the gross project cost of other FTA eligible capital transit projects or using the funds as auxiliary revenue towards the operating expenses of the service. The grantee is expected to record the receipt of the proceeds in the grantee=s accounting system, showing that the funds are restricted to mass transit uses. 9