Bus_Shelters,_Benches,_&_Trash_Receptacles.pdf

REQUEST FOR PROPOSAL

2023-10

BUS SHELTERS, BENCHES, & TRASH RECEPTACLES

Lextran

200 West Loudon Avenue

Lexington, KY 40508

RELEASE DATE: December 4, 2023

DEADLINE FOR QUESTIONS: December 29, 2023

RESPONSE DEADLINE: January 31, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/lextran https://secure.procurenow.com/portal/%7bproject.government.code%7d

Lextran

REQUEST FOR PROPOSAL

Bus Shelters, Benches, & Trash Receptacles

I. INTRODUCTION

II. SCOPE OF SERVICES

III. COST

IV. GENERAL TERMS AND CONDITIONS

V. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

VI. EVALUATION PHASES

VII. STATE AND FEDERAL PROVISIONS

VIII. VENDOR QUESTIONNAIRE

Attachments:

A - ATTACHMENT A - Currently Used Shelters, Benches, Trashcans

B - CERTIFICATION OF RESTRICTIONS ON LOBBYING

C - CERTIFICATION OF CONTRACTOR REGARDING DEBARMENT, SUSPENSION, AND

OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION

D - NON-COLLUSION AFFIDAVIT

E - CERTIFICATE OF PROCUREMENT INTEGRITY

F - AFFIDAVIT OF COMPLIANCE - DISADVANTAGED BUSINESS ENTERPRISE

G - BUY AMERICA FORM-MATERIALS & CONSTRUCTION

Request For Proposal #2023-10 Title: Bus Shelters, Benches, & Trash Receptacles

1. INTRODUCTION

1.1. Summary

The Transit Authority of Lexington-Fayette Urban County Government, herein referred to as Lextran is issuing this Request for Proposals (RFP) to award a competitive contract to a firm to provide passenger shelters, benches, and trash receptacles for Lextran bus stops.

Title: Bus Shelters, Benches, & Trash Receptacles

Reference Number: 2023-10

Proposals for Furnishing the Product(s) / Service(s) Described Herein Will Be Received Until:

3:00 pm eastern time on Wednesday, January 31, 2024

Proposals received after the time specified may not be considered for award.

Proposals shall be submitted online via Lextran's eProcurement Portal

If you have any questions on this project, please submit your questions via Q&A section on Lextran's eProcurement Portal. All questions, requests for clarification or comments concerning this RFP are due from proposers by end of day on Friday, December 29, 2023. Lextran’s response to questions will be in the form of an Addenda.

Lextran may reject any submissions that are incomplete or non-responsive or submitted after the deadline. Lextran reserves the right to cancel or reissue this RFP, or to reject, in whole or in part, any and all submissions received in response to this RFP should Lextran determine that the responses received are unsatisfactory or that such cancellation or rejection is in the best interest of Lextran.

Lextran further reserves the right to waive any minor technical deficiency or irregularity in a submission package. The determination of the selection criteria and the process for evaluating the proposal shall be in the sole and absolute discretion of Lextran. Lextran also reserves the right to require of each/any

Proposer, information regarding financial responsibility and viability or such other information as

Lextran determines is necessary to ascertain whether a proposal is in fact a responsible proposal.

1.2. Background

Lextran, the Transit Authority of Lexington-Fayette Urban County Government, was established as it is known today in 1973 by the Commonwealth of Kentucky as a Mass Transportation Authority. Our mission “We serve people and our community with mobility solutions” is accomplished by focusing on three key pillars: Deliver high quality product and service, Demonstrate value to the community, and

Manage and sustain resources.

Lextran provides 3.7 million trips annually with service to residents and visitors of Lexington-Fayette

County on 26 fixed routes, county-wide paratransit, and regional vanpool seven days a week, 365 days a year. The annual combined operating and capital budget of $37.6 million operates out of a LEED certified headquarters complex employing over 200 team members with a 118-vehicle fleet for both fixed route and paratransit, which includes compressed natural gas, zero emission battery electric buses, diesel and gasoline filled vehicles.

https://procurement.opengov.com/portal/lextran

1.3. Contact Information

All questions related to this solicitation must be submitted in the Question and Answer section of

OpenGov.

No person or entity submitting a proposal in response to this RFP, nor any officer, employee, agent, representative, relative or consultant representing such a person (or entity) may contact through any means or engage in any discussion concerning the award of this contract with any member of the

Lextran Board of Directors or any employee of Lextran during the period beginning on the date of proposal issue and ending on the date of selection of the Contractor. Any such contact would be grounds for disqualification of the proposer. Contact with Lextran Procurement Department staff must be limited to site visits and technical questions.

Deanna Istre

Purchasing Coordinator

200 W Loudon Ave

Lexington, KY 40508

Email: distre@lextran.com

Phone: (859) 244-2023

Department:

Maintenance

1.4. Timeline

This solicitation timeline is subject to change. Any changes made to this solicitation will be published in the form of an Addendum.

Release Project Date December 4, 2023

Pre-Proposal Meeting (Non-Mandatory) December 14, 2023, 1:30pm

Agenda

Lextran – Zoom https://us02web.zoom.us/j/84034757373?pwd=dn

JDSHkyblFYcWlxNTZOSlVRMVVJQT09

Meeting ID: 840 3475 7373

Passcode: 658779

Join by Phone: 1(312)535-8110

Question Submission Deadline December 29, 2023, 11:30pm

Addendum (If Necessary) January 5, 2024 mailto:distre@lextran.com tel:(859)244-2023 https://government-project.s3.amazonaws.com/67465/52a7d04a-0e39-4fde-aad5-952573307af9_Preproposal_Conference_Agenda_RFP_2023-10_BUS_SHELTERS,_BENCHES_&_TRASH_RECEPTACLES.pdf https://us02web.zoom.us/j/84034757373?pwd=dnJDSHkyblFYcWlxNTZOSlVRMVVJQT09 https://us02web.zoom.us/j/84034757373?pwd=dnJDSHkyblFYcWlxNTZOSlVRMVVJQT09

Proposal Submission Deadline January 31, 2024, 3:00pm

Contractor Award Date February 28, 2024

Expected Contract Start Date April 24, 2024

2. SCOPE OF SERVICES

2.1. Basic Scope of Work

Lextran is seeking proposals from companies to provide passenger shelters, benches, and trash receptacles for bus stops. The benches shall be free-standing benches separate from any benches that may be included as part of the bus shelter procurement. Proposers may submit a proposal for just the shelters, for just the benches, for just the trash receptacles, or for any combination of these items. A contract could be awarded in each category of this procurement: shelters, benches, and trash receptacles.

2.2. Bus Shelters

As part of the proposal package, the proposer shall include color photos of the shelter being offered.

These photos shall be of a high quality in terms of resolution, color, and clarity so that Lextran’s evaluators can easily see all features of the proposed shelter. At least three different photos shall be provided of each shelter to show the shelter in a front view, a side view and a rear view. Proposers shall also include a diagram or technical drawing of each proposed shelter that clearly indicates the dimensions (length, width, and height).

Shelter Specifications

• The majority of the current shelters in use are approximately 10’ long and 5’ wide, but Lextran will consider other dimensions as appropriate for the specific stop where the shelter is to be installed. Shelters offered will have three (3) sides with an open front. The sides shall be composed of scratch-resistant, shatter-resistant Lexan or Plexiglas or an approved equal.

• Lextran does not have a specific requirement for the type of roof on the shelters, although a flat roof is generally preferred to a dome or a barrel roof. If a flat roof is offered, it must be angled in such a way so as to prevent snow buildup.

• The preferred color of the shelters is silver. Lextran may also consider black or other colors depending on the specific location where the shelter is to be installed.

• Proposers will offer a selection of styles from which Lextran may choose. Lextran is also seeking an additional style of shelter—sometimes referred to as a canopy shelter—that would only have the top covering, but not any sides. Lextran may purchase this style of shelter for locations that have some space limitations.

• The shelters shall have an option for a bench that is attached to the back wall of the shelter.

• Shelters must be completely ADA accessible with a 30” by 48” clear floor area.

• Proposer must furnish engineering data (wind load, stress load, etc.) for each design proposed.

• Proposer shall provide an option of solar lighting for the shelter and indicate what the cost of adding that option to existing shelters would be.

• Proposer shall provide the cost per shelter and the time period for which that price shall be valid. Proposer shall provide the price per shelter for each potential year of the contract, Year 1 through Year 5.

• Proposer must provide a price list for shelter components such as: frame, fastening hardware, and Lexan, Plexiglas, or approved equal. This list will be comprehensive so as to include all components that may need to be purchased.

• Replacement parts must remain available for a period of seven (7) years from the date of acceptance of the shelters by Lextran.

Shelter Performance Criteria

• The structure must be capable of withstanding wind loads of 80 mph (25 pounds per square foot) from any direction. This requirement applies as well to the upward loads, resulting from 80 mph wind gusts.

• The upper roof surface shall withstand a uniform snow load of forty (40) pounds per square foot.

• Shelters must be capable of being stored and maintained without impairment resulting from the impact of the environment throughout the range of worst-case conditions including an ambient temperature of -30 to 100 degrees F and a relative humidity range of zero to 100 percent. The environment shall be considered to be that of the central region of the commonwealth of

Kentucky. It shall be considered to actively support all types of corrosive reactions on metals.

• All fasteners such as pop rivets, drive rivets, Allen-head screws, fittings and other miscellaneous parts must be made from corrosion resistant materials. Dissimilar metal connections must be provided with di-electric spacers to prevent corrosion due to galvanic actions. Fasteners must be of a type which cannot be loosened with readily available tools. No regular, Phillips, 5 square-head screws or bolts shall be used where exposed in the finished shelter. Fasteners must be flush with the surface connected.

2.3. Benches

As part of the proposal package, proposers will include color photographs of the benches being offered.

The benches shall be free-standing benches separate from any benches that may be included as part of the bus shelter procurement.

Proposers will provide the price per bench and the time period for which that price will be valid.

Proposer will provide the price per bench for each potential year of the contract, Year 1 through Year 5.

Bench Specifications

• Benches may be offered in lengths of four feet, six feet, and eight feet. The width of the benches shall be no less than 19 inches. Benches shall have a back in addition to the seating area and the total height of the bench may vary, although the seating area of all benches must be at an ADA-approved height.

• The benches will have arms on either end. A center bar, sometimes known as an anti-vagrant bar, is not required and is not preferred.

• Lextran is interested in benches made out of slatted steel (preferred) or black metal cast aluminum, but shall also consider benches composed of recycled plastic. Lextran is not currently interested in benches made out of concrete or wood. The proposer must provide information as to the life expectancy of each type of bench offered.

• Lextran prefers benches with the back and seating area composed of slats, but will also consider bars, grids, or a solid material. Lextran is not interested in branding the benches with a logo at this time. The preferred color of the benches is black, but Lextran may be open to other color options.

• Lextran does not have any specific weight requirements for the benches.

2.4. Trash Receptacles

As part of the proposal package the proposer shall include color photos of the receptacles being offered.

These photos shall be of a high quality in terms of resolution, color, and clarity so that Lextran’s evaluators can easily see all features of the proposed receptacle. At least two different photos shall be provided of each receptacle to show the receptacle in a front view as well as a view of the top, including the opening. A view of the receptacle demonstrating how the liner may be accessed for emptying would be beneficial. Proposers shall also include a diagram or technical drawing of the receptacle that clearly indicates the dimensions (length, width, and height).

Proposers will provide the price per receptacle and the time period for which that price will be valid.

Proposer will provide the price per receptacle for each potential year of the contract, Year 1 through

Year 5.

Trash Receptacle Specifications

• The trash receptacles shall be a large capacity type. The approximate dimensions of the receptacles shall be 25 to 26 inches in diameter with a height of 30 to 36 inches.

• Lextran shall consider receptacles constructed of reinforced metal or recycled plastic. There is no specific weight requirement.

• The receptacles shall have a capacity of 36 to 45 gallons with a rigid plastic liner. Recycled plastic is preferred for the liner.

• Lextran prefers receptacles that have a rain bonnet lid with a security cable attachment. The openings shall be large enough to allow for easy access to the interior by those wishing to dispose of their trash and recycling.

• There shall be easy access to the liner to permit easy removal. This can be accomplished by having one side of the receptacle also act as a door that can swing open to access the liner.

Lextran will also consider receptacles that offer other methods for accessing the liner. The main requirement is the ease of access to the liner for emptying.

• Lextran prefers receptacles that can be secured to the ground.

• Lextran is open to multiple color options, but black is currently the preferred color.

2.5. Quality, Appearance, & Selection

Proposers will provide sufficient information, including color photographs from more than one angle, so that Lextran can make a determination as to the quality of the offered items as well as judge the appearance of those items. In addition, proposers will indicate the full selection that is offered so

Lextran will have the opportunity to find the items most suited to its needs and the look it wishes to present to the community at large. A wider selection of styles will result in a more favorable evaluation from Lextran.

Attachment A contains images of shelters, benches and trash receptacles currently in use at Lextran bus stops. If possible, Lextran would like to keep future purchased items similar in style and appearance to current bus stops.

2.6. Delivery and Delivery Time

Proposals shall clearly indicate the turnaround time for delivery of each item offered. This time will be expressed as both a guaranteed delivery time as well as an average turnaround time. For example, “most items will be delivered within two weeks, but we guarantee the items will be delivered in 30 days.”

Shelter Delivery

Proposer shall fully explain any delivery options and their attendant costs. All shelters shall be delivered to the Lextran headquarters, located at 200 West Loudon Avenue, Lexington, KY 40508.

Bench Delivery

Lextran will have all benches shipped directly to the Authority’s main facility at 200 West Loudon

Avenue.

Trash Receptacle Delivery

The receptacles shall be shipped to Lextran fully assembled. Lextran will have all receptacles shipped directly to the Authority’s main facility at 200 West Loudon Avenue.

2.7. Warranty

Proposals will indicate any warranties that are included with the items offered, and the additional charge applied, if any.

Proposals will state the process that will be followed when a warranty situation arises.

Proposals will indicate the availability of replacement parts and the process for obtaining those parts, as well as any charges that may be incurred.

3. COST

3.1. COST

Proposals will include the cost for all offered items. Proposals will state any delivery charges that may be included. Proposals will state if there are any discounts available for volume purchases and what those discounts and quantities would be.

Proposals will include costs for all replacement parts available.

Shelters

Proposer shall provide the cost per shelter and the time period for which that price shall be valid.

Proposer shall provide the price per shelter for each potential year of the contract, Year 1 through Year

5.

Proposer must provide a price list for shelter components such as: frame, fastening hardware, and

Lexan, Plexiglas, or approved equal. This list will be comprehensive so as to include all components that may need to be purchased.

Proposer shall provide an option of solar lighting for the shelter and indicate what the cost of adding that option would be.

Benches

Proposers will provide the price per bench and the time period for which that price will be valid.

Proposer will provide the price per bench for each potential year of the contract, Year 1 through Year 5.

Trash Receptacles

Proposers will provide the price per receptacle and the time period for which that price will be valid.

Proposer will provide the price per receptacle for each potential year of the contract, Year 1 through

Year 5.

Warranty

Proposers must indicate whether warranty is included in the pricing of any proposed item. For items that do not have warranty built into the cost already, proposers will provide any cost associated with warranties for each of those items. If extended costs for warranty changes from year to year, the proposer must provide pricing information for each year warranty is available.

Lextran will not pay for any work performed as part of any contracts awarded as a result of this RFP until it has received and accepted each deliverable.

The proposal shall document the costs for each aspect of this procurement, broken down, at a minimum, by each of the deliverables listed in this RFP.

4. GENERAL TERMS AND CONDITIONS

4.1. GENERAL TERMS AND CONDITIONS

Any contract awarded as a result of this RFP is expected to start on 04/24/2024 immediately following the expiration of the current contract.

In case of breach of duties or default, Lextran may, with good cause, terminate the contract upon thirty

(30) days written notice prior to termination.

Lextran may terminate the contract at anytime upon sixty (60) days written notice prior to termination.

Terms of payment will be thirty (30) days after receipt of invoice. Lextran will not pay for a service until it has been performed or a good until it has been received. Lextran is tax exempt and will provide

Certificate of Exemption to the awarded firm.

The term of any contract awarded as a result of this RFP shall be for 5 years

Any changes to the term or fees of the contract must be approved by Lextran in the form of a change order.

Lextran reserves the right to require of each/any Proposer, information regarding financial responsibility and viability or such other information as Lextran determines is necessary to ascertain whether a proposal is in fact a responsible proposal.

Proposers should note that the successful vendor must show no exclusions reported in SAM.GOV in order to be officially awarded any contract funded by federal dollars.

https://sam.gov/content/home

5. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

5.1. EXPERIENCE AND REFERENCES

Proposals will list other transit agencies for which it has provided the offered items. This list will include contact names, phone numbers, and email addresses where applicable. Lextran reserves the right to contact any agency on this list.

Proposers will provide a minimum of three (3) references that can speak directly to the quality of the items offered by the proposer. References must include company name, contact name, phone number

(with extension where applicable), and email address. Reference should be notified in advance to inform them they will be contacted by Lextran personnel. Lextran will email a standard reference form to all references.

5.2. CAPACITY

The proposer shall demonstrate they have sufficient capacity to handle the Lextran account. This includes personnel and equipment/facility capacity. Proposers must also be adequately insured to perform this work and provide documentation of coverage. The successful proposer must be willing to provide Lextran with proof of coverage on an on-going basis.

Personnel capacity can be demonstrated by documenting the firm has a sufficient number of employees to handle the Lextran account and that those employees have the proper training/experience and certifications to do the work.

5.3. SUBMISSION REQUIREMENTS

Incomplete proposals may render the proposal non-responsive.

There is a fifty (50) page limit for all proposal documents submitted, excluding the required forms and audited financial documents. Proposers should keep their submissions at or below this limit, or the proposal may be deemed non-responsive.

Lextran requests that proposals be concise, clearly addressing the evaluation criteria.

A copy of this RFP should NOT be included as part of the proposal. This RFP document will become part of the contract. Any edited versions of the RFP included in a proposal will not be accepted. This

RFP/solicitation may only be modified by formal addendum issued by Lextran.

Proposals must be submitted via Lextran's eProcurement Portal.

Proposals must be received before3:00 pm eastern time on Wednesday, January 31, 2024.

The proposer shall supply the following in their proposal:

• Scope of Services Requirements: Proposers must review in detail the requirements listed in the scope of services for the RFP to remain compliant. This includes:

o Photos of all proposed items as requested o Specs of all proposed items as requested https://procurement.opengov.com/portal/lextran o Pricing on all proposed items as requested o Details regarding delivery process and average delivery time o Guaranteed delivery time o Warranty information for all proposed items with any associated costs

• Insurance: Proposers must also be adequately insured to perform this work and provide documentation of coverage, including certification of insurance evidence. The successful proposer must also be willing to provide Lextran with proof of coverage on an on-going basis.

• Personnel Capacity: Proposers must show they have the personnel and equipment/facility capacity to hold a contract with Lextran. This section should include key personnel assigned to this project and include relevant resumes and/or experience. This section should NOT include sales materials, promotional offerings, or the like.

• References: Three (3) references including company name and address, contact person, phone numbers, and email addresses. References shall be able to speak to the quality of the services that have been provided. References shall be for clients of a similar nature to Lextran.

• The enclosed forms as listed below:

o Certification of Restrictions on Lobbying o Certification Regarding Debarment, Suspension and Other Ineligibility o Non-Collusion Affidavit o Certificate of Procurement Integrity o Affidavit of Compliance-DBE (If Applicable) o Buy America Certification

6. EVALUATION PHASES

EVALUATION DISCLAIMER:

This document is a Request for Proposals (RFP) and is a “best value” procurement and not a "lowest cost" procurement. Proposers acknowledge that the selection of the winning Proposer is inherently subjective and that Lextran reserves the right to reject any and all submissions at its discretion.

Proposals should be concise and should address the evaluation criteria and information requested.

Proposals containing generalized marketing materials are discouraged and may result in a lower evaluation score.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cost Points Based 40 (40% of Total)

2. Quality, appearance, and available selection of the types of shelters, benches, and/or trash receptacles offered

Points Based 25 (25% of Total)

3. Delivery Times Points Based 15 (15% of Total)

4. Warranties Points Based 10 (10% of Total)

5. Experience, references, and demonstrated capacity to handle the Lextran account Points Based 10

(10% of Total)

7. STATE AND FEDERAL PROVISIONS

7.1. OPEN RECORDS NOTIFICATION

All information appearing within the proposal is subject to public inspection as per the Kentucky Open

Records Act, KRS 61.870. Any proprietary information eligible to be excluded from an open records request must be clearly marked as such on each individual page on which proprietary information appears. Proposers may not make a blanket or all-inclusive confidentiality/proprietary statement. For the purpose of determining an eligible exclusion, KRS 61.878 describes proprietary information in the following manner: “Upon and after July 15, 1992, records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records”.

7.2. GOVERNING LAW

All contractual agreements shall be subject to, governed by, and construed according to the laws of the

Commonwealth of Kentucky.

7.3. REQUIRED FEDERAL CLAUSES

The Transit Authority of Lexington-Fayette Urban County Government (Lextran) is a recipient of federal funds and is mandated to follow specific guidelines in the procurement of goods and services. The following clauses shall be incorporated by reference into any contract that results from this solicitation.

Definitions used herein:

-The terms “respondent, bidder, proposer, and contractor” mean the offerer or vendor.

-The terms “the Authority” and “recipient” (as in recipient of FTA funds) mean the Transit Authority of

Lexington-Fayette Urban County Government (Lextran).

-The term “USDOT” means the United States Department of Transportation.

-The term “FTA” means the Federal Transportation Administration.

7.4. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES

(1) Lextran 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 Lextran, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

7.5. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED

ACTS

(1) 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.

(2) 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.

(3) 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.

7.6. NOTICE OF LEGAL MATTERS & FLOW DOWN REQUIREMENTS

Where applicable, if this project is federally funded and is expected to equal or exceed $25,000, Lextran agrees to notify the FTA Chief Counsel or FTA Regional IV legal counsel of a current or prospective legal matter that may affect the Federal government. Contractor agrees this affirmative notification provision will flow down to subcontractors and suppliers and is to be included in all agreements at all tiers. Failure to include this notice may be deemed a material breach of contract.

7.7. ACCESS TO THIRD PARTY RECORDS AND REPORTS

(1) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records.

(2) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts, and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims, or exceptions related thereto.

(3) Access to Records. The Contractor agrees to provide sufficient access to the Federal Transit

Administration (FTA), the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, the Comptroller General of the United States, the Comptroller General’s duly authorized representatives, and the duly authorized representatives of Lextran to inspect and audit records and information related to the performance of this Contract as reasonably may be required.

(4) Access to the Sites of Performance. The Contractor agrees to permit those individuals listed above access to the sites of performance under this Contract as reasonably may be required.

7.8. FEDERAL CHANGES

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Lextran and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract.

7.9. CIVIL RIGHTS REQUIREMENTS

The following requirements apply to the underlying contract:

(1) Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the

Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and 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, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, 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. Parts 60 et seq., (which implement Executive Order No.

11246, “Equal Employment Opportunity”, as amended by Executive Order No. 11375, “Amending

Executive Order 11246 Relating to Equal Employment Opportunity”, 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. 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, creed, national origin, sex, or age. 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. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 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.

(c) Disabilities- In accordance with section 102 of the Americans with Disabilities Act, as amended, 42

U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal

Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act”, 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

Within Fayette County the Fairness Ordinance (no. 201-99) applies. This ordinance adds sexual orientation/gender identity as a protected class against discrimination in housing, employment and public accommodations.

In addition, the Contractor agrees to comply with any implementing requirements or applicable regulations the local government may issue.

7.10. ADA ACCESSIBILITY

Facilities to be used in public transportation service must comply with the Americans with Disabilities

Act, 42 U.S.C. § 12101 et seq.; DOT regulations, “Transportation Services for Individuals with Disabilities

(ADA),” 49 C.F.R. part 37; and Joint Access Board/DOT regulations, “Americans with Disabilities (ADA)

Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38.

Notably, DOT incorporated by reference into Appendix A of its regulations at 49 C.F.R. part 37 the Access

Board’s “Americans with Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities. DOT also added specific provisions to

Appendix A of 49 C.F.R. part 37 modifying the ADAAG with the result that buildings and facilities must comply with both the ADAAG and the DOT amendments.

7.11. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Lextran requests which would cause Lextran to be in violation of the FTA terms and conditions.

7.12. ENERGY CONSERVATION REQUIREMENTS

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.

The Energy Conservation requirements are applicable to all contracts.

The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier.

7.13. TERMINATION

a. Termination for Convenience (General Provision)Lextran may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in Lextran’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 Lextran to be paid the

Contractor. If the Contractor has any property in its possession belonging to Lextran, the Contractor will account for the same, and dispose of it in the manner Lextran directs.

b. 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, Lextran may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid 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 Lextran 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, Lextran, 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.

c. Opportunity to Cure (General Provision) Lextran 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 Lextran’s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from Lextran setting forth the nature of said breach or default, Lextran 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 Lextran from also pursuing all available remedies against

Contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach In the event that Lextran elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by Lextran shall not limit Lextran’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

e. Termination for Convenience or Default (Architect and Engineering) Lextran may terminate this contract in whole or in part, for Lextran’s convenience or because of the failure of the Contractor to fulfill the contract obligations. Lextran 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 Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process.

If the termination is for the convenience of Lextran, the 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, Lextran may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by

Lextran.

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 Lextran.

7.14. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

This contract is a covered transaction for purposes of 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 C.F.R. Part 180. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 2 CFR 1200, or affiliates, as defined at 2

CFR 1200, are excluded or disqualified as defined at 2 CFR 1200.

The contractor is required to comply with 2 CFR 1200, and must include the requirement to comply with

2 CFR 1200 in any lower tier covered transaction it enters into.

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:

-Debarred from participation in any federally assisted award;

-Suspended from participation in any federally assisted award;

-Proposed for debarment from participation in any federally assisted award;

-Declared ineligible to participate in any federally assisted award;

-Voluntarily excluded from participation in any federally assisted award; or

-Disqualified from participation in any federally assisted award.

By signing and/or 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 Lextran. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to Lextran, 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 CFR 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.

This clause applies to all contracts over $25,000.

7.15. BREACHES AND DISPUTE RESOLUTION

Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Lextran’s General Manager. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the

Contractor mails or otherwise furnishes a written appeal to the General Manager. 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 General Manager shall be binding upon the Contractor and the Contractor shall abide be the decision.

Performance During Dispute - Unless otherwise directed by Lextran, 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 other party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

Remedies- Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between Lextran and the Contractor arising out of or relating to this agreement or its breach will be decided in a court of competent jurisdiction within Kentucky.

Rights and Remedies - The 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 Lextran 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.

This clause applies to all contracts in excess of $25,000.

7.16. LOBBYING

Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by

31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)

Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.

Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying

Disclosure Act of 1995.

Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413

(1/19/96) is mandated by 49 CFR Part 20, Appendix A.

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]- Contractors who apply or bid for an award of

$100,000 or more shall file the certification required by 49 CFR part 20, “New Restrictions on Lobbying”.

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of

Congress in connection with obtaining any Federal contract, grant or any other award covered by 31

U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of

1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to Lextran.

The Lobbying requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. The Lobbying requirements flow down to all subcontracts at every tier.

7.17. CLEAN AIR REQUIREMENTS

(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 . The Contractor agrees to report each violation to Lextran and understands and agrees that Lextran will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor agrees it will not use any violating facilities.

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

The Clean Air requirements apply to all contracts exceeding $150,000, including indefinite quantities where the amount is expected to exceed $150,000 in any year. The Clean Air requirements flow down to all subcontracts at every tier.

7.18. CLEAN WATER REQUIREMENTS

(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 . The Contractor agrees to report each violation to Lextran and understands and agrees that Lextran will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The

Contractor agrees it will not use any violating facilities.

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

The Clean Water requirements apply to all contracts exceeding $150,000, including indefinite quantities where the amount is expected to exceed $150,000 in any year. The Clean Water requirements flow down to all subcontracts at every tier.

7.19.…