Transportation

Mass Transit

Thompson Coburn’s Mass Transit practice group has extensive experience in the Federal Transit Program. The team works together as a coordinated unit in providing clients unsurpassed assistance and representation nationwide. We represent a wide range of mass transit clients including city, county and state governments; public transit agencies; transit suppliers; and transit consulting firms.

Federal Transit Program
The group has an expertise and national reputation in all aspects of the Federal Transit Program including:

• Procurement of services and capital equipment
• International purchase agreements for vehicles
• State and federal regulatory requirements
• Section 13(c) labor protection and other labor matters
• Financing of major capital projects
• Design-build contracting
• Federal grant requirements
• Construction contract administration and claims

Full Funding Grant Agreements
The Firm has significant experience in assisting in the development of major capital projects for transit agencies. This work includes the negotiation of Full Funding Grant Agreements (FFGAs) with the Federal Transit Administration (FTA), and the development of new start submittals, project management plans and financial plans. The group has worked extensively on moving capital projects through the new start process, assisting in FTA oversight, and providing counsel on appropriations and legislative issues raised in obtaining funds and project authorizations from the Congress.

Federal Regulatory Requirements
The Firm is actively engaged in providing counsel to mass transit clients on Federal regulatory requirements, including:

• Section 13(c) labor protection obligations
• Buy America regulations
• Environmental Impact Statement (EIS) issues and other environmental matters
• Inspector General audits and investigations
• Access requirements under the ADA
• Drug and alcohol testing
• Charter and school bus regulations
• Disadvantaged Business Enterprise regulations
  

Public Procurement Process
Our team represents mass transit clients at every stage of the public procurement process. We have considerable experience developing procurement documents, such as instructions to bidders, requests for proposals, source selection plans, bid protest procedures, debarment procedures and general specifications. We also provide counsel in the pre-award and change-order process, in bid protests, and litigation arising out of procurement disputes. Our representation includes development and negotiation of contracts for transit services, including contracts for the operation, maintenance and management of transit services, as well as issues that arise during the course of administration of contracts for transit services.

International Rolling Stock Acquisitions
The Firm provides assistance in all aspects of the procurement and acquisition of vehicles from international suppliers. This work includes:

• Preparation of specialized requests for proposals and other procurement documents
  
• Negotiation of purchase agreements
  
• Federal Motor Vehicle Safety Standards (FMVSS) compliance
• Cargo Preference compliance
• Pre-award and post delivery audits
• Cost and price analysis
• Altoona and Buy America compliance

Disadvantaged Business Enterprise (DBE) Regulations
Thompson Coburn assists mass transit clients in the development and preparation of DBE programs designed to satisfy the U.S. Department of Transportation’s regulatory requirements as well as the limitations imposed by Federal courts. In addition, we advise mass transit clients on issues relating to prompt payment, certification and counting DBE participation.

Americans with Disabilities Act (ADA) Requirements
We advise mass transit clients on all aspects of providing access in compliance with the ADA. For example, the Firm has assisted transit authorities in developing ADA-compliant paratransit programs, ensuring fixed route accessibility, creating and communicating with ADA advisory groups, and coordinating accessibility issues with public entities responsible for sidewalk and curb ramp compliance.

Section 13(c) Labor Protection
Thompson Coburn assists mass transit clients on compliance with Section 13(c) obligations. This assistance includes filing or responding to objections to proposed certification terms, revising 13(c) protections, obtaining certification of grants from the Department of Labor (DOL) and providing analysis of 13(c) obligations. Our representation also includes assistance in the adjudication of 13(c) claims, before both DOL and in arbitration.

Buy America Compliance
We advise mass transit clients on all aspects of the FTA’s Buy America requirements. The Firm has assisted transit authorities and suppliers in conducting pre-award and post-delivery audits, developing requests for various types of Buy America waivers, responding to inquiries concerning compliance, and providing general advice concerning the applicability and interpretation of Buy America requirements.

Design Build Projects
Thompson Coburn attorneys are experienced in all aspects of the transportation design build process including the development of the procurement documents (RFPs) for design build projects and the preparation and negotiation of terms and conditions of design build contracts. We have also assisted in the review and development of innovative methods for the implementation of design build projects.