REQUEST FOR PROPOSAL

2026-08

BUS STOP ENHANCEMENTS (REPOST)

Lextran

200 West Loudon Avenue

Lexington, KY 40508

RELEASE DATE: July 15, 2026

DEADLINE FOR QUESTIONS: July 31, 2026

RESPONSE DEADLINE: August 19, 2026, 2:00 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 Stop Enhancements (Repost)

I. INTRODUCTION

II. SCOPE OF SERVICES

III. COST

IV. GENERAL TERMS AND CONDITIONS

V. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

VI. EVALUATION PHASES

VII. PRICING PROPOSAL

VIII. STATE AND FEDERAL PROVISIONS

IX. VENDOR QUESTIONNAIRE

Attachments:

A - CERTIFICATION OF RESTRICTIONS ON LOBBYING

B - CERTIFICATION OF CONTRACTOR REGARDING DEBARMENT, SUSPENSION, AND

OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION

C - NON-COLLUSION AFFIDAVIT

D - CERTIFICATE OF PROCUREMENT INTEGRITY

E - BUY AMERICA FORM - STEEL OR MANUFACTURED PRODUCTS (MATERIALS &

CONSTRUCTION)

F - FINANCIAL CAPACITY FORM

G - PRODUCT SPECIFICATIONS

Request For Proposal #2026-08 Title: Bus Stop Enhancements (Repost)

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 for bus stop enhancement services. This contract will be considered a construction contract and is not intended for the purchase of bus stop amenities such as shelters and benches. The successful proposer to RFP 2026-08 will only be responsible for installing/removing shelters and other amenities that are already owned by Lextran.

Title: Bus Stop Enhancements (Repost) Reference Number: 2026-08

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

2:00 pm eastern time on Wednesday, August 19, 2026.

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 the 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, July 31, 2026. Lextran’s response to questions will be provided as responses within the Q&A tab. For questions that require additional documentation or a change to the RFP document itself, Lextran will publish an addendum. Lextran intends to respond to questions as they come in, and responses will be provided no later than the question response date.

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.

Lextran reserves the right to publicly post bid tabulations containing vendor prices.

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 3.68 million fixed-route trips and 157,000 paratransit trips annually with service to residents and visitors of Lexington-Fayette County on 27 fixed routes, seven days a week, 365 days a year. With an annual combined operating and capital budget of $38 million, Lextran operates from a LEED certified headquarters employing over 200 team members with a 143-vehicle fleet for both fixed route and paratransit, including compressed natural gas, zero emission battery electric, diesel and gasoline powered 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 Manager

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 July 15, 2026

Pre-Proposal Meeting (Non-Mandatory) July 22, 2026, 1:30pm

Agenda

Lextran – Zoom https://us02web.zoom.us/j/83515294616?pwd=tE

5xu06nrgqMDDJOb1w8aoedlv8dbu.1

Meeting Number: 835 1529 4616

Meeting Password: 078258

Join by Phone: 1(312)535-8110

Question Submission Deadline July 31, 2026, 11:55pm

Response to Questions August 7, 2026 mailto:distre@lextran.com tel:(859)244-2023 https://government-project.s3.amazonaws.com/281773/458f465f-6bb8-493f-99d8-6e74dae52d6e_Preproposal_Conference_Agenda.pdf https://us02web.zoom.us/j/83515294616?pwd=tE5xu06nrgqMDDJOb1w8aoedlv8dbu.1 https://us02web.zoom.us/j/83515294616?pwd=tE5xu06nrgqMDDJOb1w8aoedlv8dbu.1

Proposal Submission Deadline August 19, 2026, 2:00pm

Contractor Award Date September 23, 2026

Expected Contract Start Date September 30, 2026

2. SCOPE OF SERVICES

2.1. OVERVIEW

Basic Scope of Work:

Lextran seeks a contractor to enhance existing bus stops, construct new bus stops, and deconstruct and remove transit infrastructure in the Lextran service area. Specific tasks may include:

• Pouring concrete pads (ADA required minimum size 5 ft x 8 ft), and demolishing existing concrete pads, if needed.

• Installing and disposing of (if necessary) transit shelters, benches, trash receptacles, solar lighting, and other amenities.

• Curb cuts and concrete repairs

• Adding sidewalks leading to a stop or connecting concrete pads to an existing sidewalk.

• Any topographical work required to ensure full compliance with all Americans with Disabilities

Act (ADA) regulations.

• Restoring public or private right-of-way as required by LFUCG and/or KYTC District 7 permitting following installation.

Lextran will provide new or replacement transit shelters, benches, solar lighting and trash receptacles as needed. The successful proposer will transport items to the work site for installation. The attachments section of this RFP contains a representative sample of the current amenities utilized by Lextran. All amenities/specifications are subject to change.

Lextran will request project cost quotes throughout the contract term. Not all quoted projects will proceed: Lextran will evaluate each project for feasibility and funding availability before issuing a task order.

Scheduling Requirements:

For each task order, the contractor must submit a project schedule with anticipated start and completion dates for each bus stop. The contractor must notify Lextran of any schedule changes before permits expire, to allow Lextran to request extensions from LFUCG and KYTC District 7. The contractor must notify Lextran in writing of any changes to availability.

Permits & Pre-Work Documentation:

The contractor will obtain all necessary permits from LFUCG and KYTC District 7 for all projects during the contract. The contractor must submit construction specifications, including traffic control plans, to support Lextran's lane blockage and encroachment permit application. Before starting construction, the contractor must follow all state and local regulations, including identifying and locating underground utilities.

For LFUCG’s requirements see:

https://lexingtonky.gov/design-and-construction

Regulatory Requirements:

The contractor must execute all work as specified in the permit obtained from either LFUCG or KYTC

District 7.

The contractor must complete any topographical work required to ensure full compliance with all

Americans with Disabilities Act (ADA) regulations.

The contractor assumes liability if work does not pass LFUCG or KYTC District 7 post-construction inspections and must make appropriate corrections.

2.2. REQUIRED REPORTING & DOCUMENTATION

For each task order performed, the contractor must provide the following:

Pre-Construction Documentation:

• Task Order Pricing Proposal (broken down by bus stop, task, etc.)

• Davis-Bacon Wage Rates for Applicable Personnel

• Task Order Timeline

• Schedule of Values (if applicable)

• List of Subcontractors (if applicable)

• Appropriate Permitting

Ongoing Construction Documentation:

• Weekly certified payroll as required by the Davis Bacon Act

Post-Construction Documentation:

• Photo documentation (before, during and after construction)

• Final inspection sign-off from LFUCG and/or KYTC District 7 (if applicable).

Subcontractor Documentation:

Proposers must include subcontractor information and qualifications in their proposal if a subcontractor will complete any contract tasks. The contractor must notify Lextran in writing of any subcontractor changes.

Wage Requirements:

The contractor and all subcontractors must pay prevailing federal wage rates as required by the Davis-

Bacon Act for all federally funded bus stop improvement projects.

https://lexingtonky.gov/design-and-construction

3. COST

3.1. COST

Proposers shall provide pricing via the pricing table provided in Section 7 of this RFP.

Proposers shall also include an hourly rate sheet for labor tasks performed by each trade. Proposers will be responsible for all supplies needed to perform the work.

Any change in pricing must be agreed upon in writing, in the form of a change order prior to the change going into effect. Change order requests for price increases must be accompanied by documentation of relevant market data justifying the price increase. (Producer Price Index, or similar resource).

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.

3.2. PRICING & BILLING

Proposers will include information on how Lextran will be billed for projects under this contract, including information on their invoice process. Lextran and the successful proposer will negotiate payment schedule on a per task order basis; however, Lextran will not pay for work at any bus stop until it has been completed, including relevant documentation and all items that may appear on a punch list for that stop.

For each proposed Task Order, the contractor shall provide a pricing proposal in the following format:

Bus Stop #1324 North Broadway @ 738 Outbound

• Shelter Placement: $$

• Bench Placement: $$

• Curb Repair: $$

• Total Cost of Bus Stop: $$$

Proposers shall also include in their task order quote an hourly rate for labor tasks performed by each trade. If prevailing wages are applicable for a task order, those wage rates must be indicated clearly.

Proposers will be responsible for all supplies needed to perform the work.

ADA regulation requires that all bus stop boarding pads are a minimum of 5 ft. X 8 ft. However, some boarding pads may need to be larger. The proposer shall include information on how pricing will be calculated for boarding pads beyond the minimum size.

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 09/30/2026 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 3 years plus 2 additional 1-year options.

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.

4.2. CONSTRUCTION PERMITS

The successful contractor will be responsible for obtaining all necessary permits from the Lexington Fayette

Urban County Government (LFUCG) and/or the state for this project. The contractor will follow any of

LFUCG’s procedures as required prior to doing any digging, such as for the identification of any underground utilities. Information on LFUCG’s requirements can be found at the following link:

https://www.lexingtonky.gov/design-and-construction

4.3. DAVIS BACON ACT/PREVAILING WAGE

The Davis-Bacon Act regulations are in effect for any project funded with Federal dollars. Contractors are required to display the Davis-Bacon Act Workers Rights posters at constructions sites. The successful contractor will follow all provisions of the Davis-Bacon Act, including the paying of prevailing federal wages.

The most recently published rates at the time a Task Order is fully authorized shall apply.

Contractors will submit weekly payroll information to the Authority that documents compliance with the prevailing wage rates. Failure to submit certified payroll records within (7) business days of the date that payroll is processed will be grounds to terminate the contract for cause.

In the event the contractor does not submit certified payroll records within the seven (7) business day period, contractor must provide a valid reason for the delay to receive a grace period of three (3) additional business https://sam.gov/content/home https://www.lexingtonky.gov/design-and-construction days to submit all required records to the Authority. This three (3) business day grace period will also apply to records that were submitted but require error corrections.

4.4. VETERAN'S EMPLOYMENT PREFERENCE

Veterans Preference. As provided in 49 U.S.C. § 5325(k), to the extent practicable, the Recipient agrees and assures that each of its Subrecipients:

(1) Will give a hiring preference to veterans, as defined in 5 U.S.C. § 2108, who have the skills and abilities required to perform construction work required under a third party contract in connection with a Capital

Project supported with federal assistance appropriated or made available for 49 U.S.C. chapter 53; and

(2) Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.

4.5. SAFETY REQUIREMENTS FOR LEXTRAN PREMISES

Awarded contractors must abide by all site safety regulations while on Lextran grounds, including but not limited to:

• Immediately checking in with the appropriate Lextran representative upon entering the site.

• A strictly enforced 5 mph speed limit.

• High visibility vests that have contractors company name and/or logo on the back for immediate identification.

• No smoking anywhere on site.

• No access to mechanics bays without proper clearance and personal protective equipment.

5. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

5.1. 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 before 2:00 pm eastern time on Wednesday, August 19, 2026.

The proposer shall supply the following in their proposal:

• Authorized Letter: The proposal must be signed by an employee of the proposers' company with the authorization to submit a proposal on the company's behalf.

• Scope of Services Requirements: Proposers must review in detail the requirements listed in the scope of services for the proposal to remain compliant. Including, but not limited to:

o Preferred Billing Process o Subcontractor Documentation (If applicable) o Acknowledgement of Required Contract Tasks o Acknowledgement of Required Reporting & Documentation o Documentation of experience with the type of work described in the scope of work

• 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.

• Capacity: Proposers must show they have the financial, 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, certifications 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.

https://procurement.opengov.com/portal/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 Compliance o Financial Capacity

Redacted Proposals

Lextran does not require the submission of redacted proposals along with the original proposal file, however it is recommended. Lextran is subject to open records requests, and therefore may be required to present a proposal as part of such a request. Lextran purchasing personnel will always strive to protect all proprietary information of our vendors, however, procurement staff may not be aware of what may be considered a

"trade secret". Providing a redacted proposal will help protect vendors trade secrets.

If a proposer does not wish to provide a separate, redacted file, they are more than welcome to mark any such information as "confidential" so those pages may be removed from an open records request file. Please keep in mind that only truly proprietary information can be marked as confidential, and an entire proposal document may not be marked as proprietary. Lextran has a responsibility to maintain public trust and transparency, so any information that is subject to KRS 61.870 through 61.884 must be provided on request.

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.

Financial capacity can be demonstrated by including a copy of the firm’s audited financials, a letter of recommendation from a financial institution, or any other method that is generally accepted in governmental contracting.

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. EXPERIENCE AND REFERENCES

The proposer shall document their previous experience in performing the tasks outlined in this RFP.

Proposers should call out any work done for other transit agencies or customers similar in nature to Lextran.

Proposers will also document the qualifications of the firm to provide this work, including the qualifications of any specific individuals assigned to the project.

Proposers will provide a minimum of three (3) references that can speak directly to the quality of work done 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, therefore it is imperative that email addresses are up-to-date and accurately entered to avoid unanswered reference requests.

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. Overall Value to Lextran, Including Cost of

Service

Did the proposal provide evidence that the contractor's services and the cost of their services meet industry standard while providing significant value to Lextran?

Points Based 30 (30% of Total)

2. Demonstration of Understanding of Lextran’s needs

Was there sufficient evidence that the proposer understood the scope of work required for this contract?

Points Based 30 (30% of Total)

3. Demonstration of Capacity

Did the proposal provide evidence that the contractor has sufficient personnel, equipment and financial capacity to be deemed responsible?

Points Based 20 (20% of Total)

4. Firm Experience & Employee Qualifications

Did the proposer provide sufficient evidence of their firm's experience performing work similar to this contract?

Did they provide evidence of their employees' certifications and qualifications?

Points Based 20 (20% of Total)

7. PRICING PROPOSAL

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.

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.

PRICING BREAKDOWN

Line Item Description Unit of Measure Unit Cost Notes

PRE-CONSTRUCTION TASKS

1 Topographical Work each

2 Mobilization each

BUS STOP ENHANCEMENT TASKS

3 Installation of Bus Stop Shelter each

4 Installation of Benches each

5 Installation of Trash Can each

6 Installation of Solar Lighting each

7 Removal of Decommissioned Bus

Shelter each

8 Bench Removal each

9 Trash Can Removal each

10 Solar Lighting Removal each

CONCRETE CONSTRUCTION TASKS

11 Pouring of Concrete Boarding Pad Per Sq. Ft.

12 Curb Cuts and Repairs each

13 Restoration of Right of Ways each

14 Sidewalk Additions Per Sq. Ft.

15 Existing Concrete Demolition and/or

Disposal Per Sq. Ft.

Miscellaneous

16 Miscellaneous Fee please describe in notes each

17 Miscellaneous Fee please describe in notes each

18 Miscellaneous Fee please describe in notes each

DETAILED COST BREAKDOWN FOR EACH TASK

INSTALLATION OF BUS STOP SHELTER

1 Hourly Labor Rate (assumes prevailing wages used) per hour

2 Number of hours estimated per installation per installation

3 Other expenses (describe in notes) each

INSTALLATION OF BENCHES

4 Hourly Labor Rate (assumes prevailing wages used) per hour

5 Number of hours estimated per installation per installation

6 Other expenses (describe in notes) each

INSTALLATION OF TRASH CAN

7 Hourly Labor Rate (assumes prevailing wages used) per hour

8 Number of hours estimated per installation per installation

9 Other expenses (describe in notes) each

INSTALLATION OF SOLAR LIGHTING

10 Hourly Labor Rate (assumes prevailing wages used) per hour

11 Number of hours estimated per installation per installation

12 Other expenses (describe in notes) each

REMOVAL OF DECOMMISSIONED BUS SHELTER

13 Hourly Labor Rate (assumes prevailing wages used) per hour

14 Number of hours estimated per installation per installation

15 Other expenses (describe in notes) each

BENCH REMOVAL

16 Hourly Labor Rate (assumes prevailing wages used) per hour

17 Number of hours estimated per installation per installation

18 Other expenses (describe in notes) each

TRASH CAN REMOVAL

19 Hourly Labor Rate (assumes prevailing wages used) per hour

20 Number of hours estimated per installation per installation

21 Other expenses (describe in notes) each

SOLAR LIGHTING REMOVAL

22 Hourly Labor Rate (assumes prevailing wages used) per hour

23 Number of hours estimated per installation per installation

24 Other expenses (describe in notes) each

8. STATE AND FEDERAL PROVISIONS

8.1. 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”.

8.2. GOVERNING LAW

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

Commonwealth of Kentucky.

8.3. 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 offeror 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.

8.4. 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.

8.5. 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.

8.6. BONDS

The Common Grant Rules require bonds for all construction contracts exceeding the simplified acquisition threshold, currently $150,000.00, unless FTA determines that other arrangements adequately protect the

Federal interest. Lextran note's that the Kentucky Model Procurement Code places this threshold at

$40,000.00 for bid bonds for construction contracts.

FTA’s bonding policies are as follows:

Bid Guarantee Bond. Both FTA and the Common Grant Rules generally require each bidder to provide a bid guarantee equivalent to 5 percent of its bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid to ensure that the bidder will honor its bid upon acceptance.

Performance Bond. Both FTA and the Common Grant Rules generally require the third-party contractor to obtain a performance bond for 100 percent of the contract price. A “performance bond” is obtained to ensure completion of the obligations under the third-party contract.

Payment Bond. The Common Grant Rules generally require the third-party contractor to obtain a standard payment bond for 100 percent of the contract price. A “payment bond” is obtained to ensure that the contractor will pay all people supplying labor and material for the third-party contract as required by law.

FTA, however, has determined that payment bonds in the following amounts are adequate to protect FTA’s interest and will accept a local bonding policy that meets the following minimums:

• Less Than $1 Million. Fifty percent of the contract price if the contract price is not more than $1 million,

• More Than $1 Million but Less Than $5 Million. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million, or

• More Than $5 Million. Two and one half million dollars if the contract price is more than $5 million.

The Bid Bond is required to be submitted with the proposal documents. The Performance and Payment

Bonds must be supplied to Lextran by the successful proposer within 10 calendar days of award.

8.7. 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.

8.8. BUILD AMERICA/BUY AMERICA

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R.

§ 661.7.

Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R.

§ 661.11. Domestic preferences for procurements.

Construction materials used in the Project are subject to the domestic preference requirement of the Build

America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S.

Office of Management and Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).

The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. For more information, please see the FTA’s Buy America webpage at: https://www.transit.dot.gov/buyamerica https://www.transit.dot.gov/buyamerica

8.9. BUY AMERICA

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R.

§ 661.7.

Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R.

§ 661.11. Domestic preferences for procurements.

Construction materials used in the Project are subject to the domestic preference requirement of the Build

America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S.

Office of Management and Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).

The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. For more information, please see the FTA’s Buy America webpage at: https://www.transit.dot.gov/buyamerica

8.10. CIVIL RIGHTS REQUIREMENTS

The following Federal Civil Rights laws and regulations apply to all contracts.

The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52

U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue.

A. Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:

1. 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.

2. 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.

B. 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.

C. 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 https://www.transit.dot.gov/buyamerica

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.

D. 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.

A. 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, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

B. 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.

C. 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.

D. 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.

E. 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.

8.11. 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.

8.12. 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.

8.13. CONFLICT OF INTEREST

The contractor is required to have a written standards of conduct to encompass both personal and organizational conflicts of interest and defines them as follows:

Personal Conflicts of Interest. The Recipient’s code or standards of conduct shall prohibit the Recipient’s employees, officers, board members or agents from participating in the selection, award or administration of a third-party contract or sub-agreement supported by Federal Funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the following parties has a financial or other interest in the entity selected for award: (a) an employee, officer, board member or agent; (b) any member of his or her immediate family; (c) his or her partner; (d) an organization that employs, or intends to employ, any of the above.

Organizational Conflicts of Interest. The Recipient’s code or standard of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third-party contract or sub-agreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third-party contractor or sub-recipient or impair its objectivity in performing the contract work.

49 CCFR § 18.36©(v) and 49 CFR § 19.43 prohibit organizational conflicts of interest as restrictive competition. Section 19.43 further states as follows: All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open, and free competition. The recipient [[Page 167]] shall be alert to organizational conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bid and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the recipient, price, quality, and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the recipient. Any and all bids or offers may be rejected when it is in the recipient’s interest to do so.

8.14. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. §§ 3701

– 3708)

A. Applicability: This requirement applies to all FTA grant and cooperative agreement programs.

B. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of

$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5.

See 2 C.F.R. Part 200, Appendix II.

C. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.