Electrician_Services.pdf

REQUEST FOR PROPOSAL

2023-03

ELECTRICIAN SERVICES

Lextran

200 West Loudon Avenue

Lexington, KY 40508

RELEASE DATE: May 8, 2023

DEADLINE FOR QUESTIONS: July 10, 2023

RESPONSE DEADLINE: August 24, 2023, 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

Electrician Services

I. INTRODUCTION

II. SCOPE OF SERVICES

III. COST

IV. GENERAL TERMS AND CONDITIONS

V. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

VI. EVALUATION PHASES

VII. GENERAL PROVISIONS

VIII. VENDOR QUESTIONNAIRE

Attachments:

A - COST PROPOSAL FORM

B - FINANCIAL CAPACITY FORM

C - SOLICITATION, OFFER AND AWARD FORM

D - CERTIFICATION OF RESTRICTIONS ON LOBBYING

E - CERTIFICATION OF CONTRACTOR REGARDING DEBARMENT, SUSPENSION, AND

OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION

F - NON-COLLUSION AFFIDAVIT

G - CERTIFICATE OF PROCUREMENT INTEGRITY

H - AFFIDAVIT OF COMPLIANCE - DISADVANTAGED BUSINESS ENTERPRISE

Request For Proposal #2023-03 Title: Electrician Services

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 electrician services.

Reference Number: 2023-03

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

3:00 pm eastern time on Thursday, August 24, 2023

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 Monday, July 10, 2023. Lextran’s response to questions will be in the form of an addendum.

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.

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 2.7 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 105-vehicle fleet, which includes compressed natural gas, zero emission battery electric buses, diesel and gasoline filled vehicles.

1.3. Contact Information

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

OpenGov.

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

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 May 8, 2023

Pre-Proposal Meeting (Non-Mandatory) May 25, 2023, 3:00pm

Agenda

Lextran – Zoom

Join Zoom Meeting https://us02web.zoom.us/j/87549371057?pwd=Q mw4d2R0algzQ3EwREpFS1cvL0FjZz09

Meeting Number: 875 4937 1057

Meeting Password: 737236

Join by Phone: 1(312)535-8110

Question Submission Deadline July 10, 2023, 11:30pm

Response to Questions (Addendum) July 20, 2023 mailto:distre@lextran.com tel:(859)244-2023 https://government-project.s3.amazonaws.com/41766/6dcc6458-efb1-41a7-a096-9329d2f0773f_Preproposal_Conference_Agenda_Electrician_Services.pdf https://us02web.zoom.us/j/87549371057?pwd=Qmw4d2R0algzQ3EwREpFS1cvL0FjZz09 https://us02web.zoom.us/j/87549371057?pwd=Qmw4d2R0algzQ3EwREpFS1cvL0FjZz09

Proposal Submission Deadline August 24, 2023, 3:00pm

Contractor Award Date September 27, 2023

2. SCOPE OF SERVICES

2.1. SCOPE OF SERVICES - CONTRACTOR REQUIREMENTS

The awarded contractor will furnish trained, competent labor and supervision and shall coordinate the number and type of personnel required for each job. Contractor will provide all equipment, scaffolding, safety gear, signage, materials, tools, supplies, and transportation necessary for the proper execution and completion of interior and/ or exterior electrical work specified by Lextran. All materials and services provided by the contractor shall comply with all current federal, state, local and municipal laws, ordinances, and rules and regulations.

The contractor must demonstrate ability to complete general electrician services and must specify, with examples, any restrictions due to lack of certifications and licensing.

A schedule and timeline will be established and approved by the Lextran maintenance department for any work to be performed.

Inspections must be scheduled after completion of the job.

2.2. SCOPE OF SERVICES - SAFETY AND DAMAGES

The contractor must guarantee all workmanship and materials to be free from defects, for a period of 1 year from the date of final acceptance. Within 5 calendar days of notifications, the contractor will correct such defects and or deficiencies at its own expense.

The contractor must post proper warning signs and/or barriers where necessary. The contractor shall be responsible for and use utmost care in protecting the occupants’ property from damages. It shall be the responsibility of the contractor to report to Lextran any damages prior to any work at the job site.

The contractor will be entirely responsible for any loss or damages to its own materials, supplies and equipment, and to the personal property of its employees while they are maintained on the work site.

Contractor and contractor personnel shall exercise a high level of discipline, safety, and cooperation at all times. Contractor shall be responsible for his/her employees conduct.

Contractor shall be responsible for assuring the safety of its employees, Lextran employees and the general public during performance of all services while performing the job.

Work may be temporarily stopped by Lextran due to severe weather, lack of materials, safety violations, or other unforeseen circumstances.

2.3. SCOPE OF SERVICES - RESPONSE TIME

The proposal shall address the response time that shall be adhered to for regular services. The proposal shall also address the response time for emergency situations. The proposals shall state any guarantees that the firm will honor in regards to the response time for emergency situations.

Response times will be considered in evaluations.

The proposer shall also include information on the communication process that will be used throughout the life of the contract.

3. COST

3.1. COST PROPOSAL REQUIREMENTS

The Cost Proposal Form must be filled out as part of the required forms. If there are fees or services to be considered that are not listed in the Cost Proposal Form, the proposer must list these services and fees in their proposal.

For any parts that may be needed for repairs, the contractor must provide these parts at cost (including actual shipping charges) to Lextran. The contractor may charge for the time spent researching and ordering parts but must state those rates in advance.

Before performing any repair work, the contractor shall provide Lextran with an estimate of the time required to make that repair. An authorized Lextran staff member shall approve that estimate or work with the contractor to determine a mutually agreeable timeframe. Once all parties have agreed to the estimate, that estimate shall not be exceeded by the contractor except at their own risk.

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.

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 immediately following the signed approval of the 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 2 years with 3 additional options

(for 1 year each), for a total of 5 possible contract years

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

5. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

5.1. 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.

5.2. CAPACITY

The proposer shall demonstrate they have sufficient capacity to handle the Lextran account. This includes financial, 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 providing the financial capacity form, completed by a financial institution representative, and/or a copy of the firm’s audited financials. Please note that all financial information is treated as proprietary information and will not be subject to public records.

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 Thursday, August 24, 2023.

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

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: proof of credentials, proof of understanding all current federal, state, local and municipal laws, ordinances, and rules and regulations, guaranteed response time for regular service hours and emergency after-hours calls, and proof that the firm has the equipment necessary to perform tasks associated with this contract, and communication methods between the firm and Lextran.

Financial Capacity: Financial capacity can be demonstrated by providing the Financial Capacity Form, completed by a financial institution representative, and/or a copy of the firm’s financials. The proposer shall demonstrate they have sufficient capacity to enter into a financial relationship with Lextran. All financial information is treated as proprietary information and will not be subject to public records.

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:

Cost Proposal Form

Financial Capacity Form (Completed by a Bank Representative)

Solicitation, Offer and Award

Certification of Restrictions on Lobbying

Certification Regarding Debarment, Suspension and Other Ineligibility

Non-Collusion Affidavit

Certificate of Procurement Integrity

Affidavit of Compliance-DBE (If Applicable)

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

Regular hourly rates and after hours rates

Points Based 30 (30% of Total)

2. Demonstration of Understanding of Project

Needs

Was the scope of services understood, and were any restrictions documented?

Points Based 25 (25% of Total)

3. Response Times and Communication

Regular hours and after hours (including emergency response to needs)

Points Based 25 (25% of Total)

4. Experience of the Firm and Individuals /

References

Experience and Licensing, Must provide at least three (3) references

Points Based 20 (20% of Total)

7. GENERAL 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. 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.

7.3. GOVERNING LAW

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

Commonwealth of Kentucky.

7.4. NO 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. ACCESS TO 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.

7.7. 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.

7.8. 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.

7.9. 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.

7.10. 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.

7.11. 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.

7.12. 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.

7.13. 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.

7.14. CLEAN AIR

(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 $100,000 financed in whole or in part with Federal assistance provided by FTA.

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

7.15. DISADVANTAGED BUSINESS ENTERPRISE (DBE) – NO CONTRACT GOAL

(a) OVERVIEW

It is the policy of Lextran and the United States Department of Transportation (DOT) that Disadvantaged

Business Enterprises (DBEs), as defined herein and in the Federal regulations published at 49 C.F.R. part

26, shall have an equal opportunity to participate in DOT-assisted contracts. It is also the policy of

Lextran to:

1 Ensure nondiscrimination in the award and administration of DOT-assisted contracts;

2 Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;

3 Ensure that the DBE program is narrowly tailored in accordance with applicable law;

4 Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBEs;

5 Help remove barriers to the participation of DBEs in DOT-assisted contracts;

6 To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and

7 Assist in the development of firms that can compete successfully in the marketplace outside the DBE program.

This contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for

DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Lextran shall make all determinations with regard to whether or not a bidder/proposer is in compliance with the requirements stated herein. In assessing compliance, Lextran may consider during its review of the bidder/proposer’s submission package, the bidder/proposer’s documented history of non-compliance with DBE requirements on previous contracts with Lextran.

(b) CONTRACT ASSURANCE

The contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Lextran deems appropriate, which may include, but is not limited to:

-Withholding monthly progress payments;

-Assessing sanctions;

-Liquidated damages; and/or

-Disqualifying the contractor from future bidding as non-responsible.

Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph.

The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from Lextran. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by

Lextran and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.

(c) DBE PARTICIPATION REQUIREMENT

For the purpose of this Contract, Lextran will accept only DBEs who are certified at the time of bid opening or proposal evaluation by the Commonwealth of Kentucky.

(d) DBE PARTICIPATION GOAL

There is no specific contractual DBE goal for this procurement. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. While there are no contractual requirements for the successful contractor to utilize the services of a DBE, Lextran strongly encourages the contractor to do so if possible.

(e) COUNTING DBE PARTICIPATION

The bidder/proposer may count toward its DBE utilization only expenditures to firms which are currently certified by the KY UCP and which perform a commercially useful function. A firm is considered to perform a commercially useful function when it is responsible for the performance of a distinct element of the work and carries out its responsibilities by actually performing, managing and supervising the work involved.

To determine whether a firm is performing a commercially useful function, the DBE Officer will evaluate the amount of work subcontracted, industry practices and other relevant factors. The DBE Officer reserves the right to deny or limit DBE credit to the bidder/proposer where any DBE is found to be engaged in substantial pass-through activities with others.

DBE participation shall be counted toward the DBE goal in the contract as follows:

A. Once a DBE is determined to be eligible in accordance with these rules, the total dollar value of the contract awarded to the DBE may be counted toward the DBE goal except as indicated below.

B. A bidder/proposer may count toward its DBE goal that portion of the total dollar value of a contract with an eligible joint venture equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces.

C. Consistent with normal industry practices, a DBE may enter into subcontracts. If a DBE subcontracts more than thirty percent (30%) or a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices, the DBE shall be presumed not to be performing a commercially useful function. Evidence may be presented by the bidder/proposer involved to rebut this presumption.

D. When a DBE subcontracts a part of the work under the contract to another firm, the value of the subcontracted work may only be counted towards the DBE goal if the DBE’s subcontractor is itself a DBE.

Work that a DBE subcontracts to a non-DBE firm does not count towards the DBE goal.

E. The bidder/proposer may count one-hundred percent (100%) of its expenditures for materials and supplies required under the contract and which are obtained from a DBE manufacturer towards the DBE goal. The bidder may count sixty percent (60%) of its expenditures for material and supplies under the contract obtained from a DBE regular dealer towards its DBE goal. The terms “manufacturer” and

“regular dealer” are defined in 49 C.F.R. Part 26.55(e)(1)(ii) and (2)(ii).

F. The bidder/proposer may count towards its DBE goal expenditures to DBEs which are not manufacturers or regular dealers, such as fees or commissions charged for services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies and transportation charges as set forth in 49 C.F.R. Part 26. However, the DBE Officer must determine the fee or charge to be reasonable and not excessive as compared with fees or charges customarily allowed for similar services.

The bidder/proposer must use good business judgment when negotiating with subcontractors and take a DBE’s price and capabilities into consideration. The fact that there may be some additional costs involved in finding and using DBE firms is not sufficient reason to fail to utilize a DBE, as long as such costs are reasonable.

(f) REPORTING

Lextran shall monitor the Contractor’s DBE utilization during the life of the contract. In the event this procurement exceeds ninety (90) days, it will be the responsibility of the Contractor to submit quarterly written reports to Lextran that summarize the total DBE value for this Contract. These reports shall provide the following details:

-DBE utilization established for the Contract;

-Total value of expenditures with DBE firms for the quarter;

-The value of expenditures with each DBE firm for the quarter by race and gender;

-Total value of expenditures with DBE firms from inception of the Contract; and

-The value of expenditures with each DBE firm from the inception of the Contract by race and gender.

Reports and other correspondence must be submitted to the DBE Compliance Officer with copies provided to the Purchasing department. Reports shall continue to be submitted quarterly until final payment is issued or until DBE participation is completed.

The Contractor shall permit Lextran to have access to necessary records to examine information as

Lextran deems appropriate for the purpose of investigating and determining compliance with this provision, including, but not limited to, records of expenditures, invoices, and contracts between the

Contractor and other DBE parties entered into during the life of the Contract. The authorized representatives of Lextran, the U.S. Department of Transportation, the Comptroller General of the

United States, or their designees shall be allowed to inspect and audit all data and records of the

Contractor relating to its performance under the DBE Participation provision of this Contract. All data and records pertaining to DBEs shall be maintained for at least three (3) years from the termination or completion of this Contract.

(g) DBE PROGRAM DEFINITIONS

A disadvantaged business enterprise is a business:

A. Which is at least 51% owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly-owned business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals; and

B. Whose management and daily business operation are controlled by one or more of the socially and economically disadvantaged individuals who own it. OR

C. Which is at least 51% owned by one or more women individuals, or in the case of any publicly-owned business, at least 51% of the stock of which is owned by one or more women individuals; and

D. Whose management and daily business operations are controlled by one or more women individuals who own it.

“Small business concern” means a small business as defined by section 3 of the Small Business Act and

Appendix B – Section 106(c) Determination of Business Size.

“Socially and economically disadvantaged individuals” means those individuals who are citizens of the

United States (or lawfully admitted permanent residents) and who are Black Americans, Hispanic

Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, or women, or any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to

Section 8(a) of the Small Business Act.

A. “Black Americans” includes persons having origins in any of the Black racial groups of Africa.

B. “Hispanic Americans” includes persons of Mexican, Puerto Rican, Cuban, Central or South America, or other Spanish or Portuguese culture or origin, regardless of race.

C. “Native Americans” includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians.

D. “Asian Americans” includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, U.S. Trust Territories of the Pacific, and the Northern

Marianas.

E. “Asian-Indian Americans” includes persons whose origins are from India, Pakistan, and Bangladesh.

F. “Women”, regardless of race, ethnicity, or origin.

G. “Other” individuals found to be socially and economically disadvantaged by the Small Business

Administration (SBA) pursuant to Section 8(a) of the Small Business Act.

7.16. PAYMENT OF SUBCONTRACTORS

The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from Lextran. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of Lextran. This clause applies to both DBE and non-DBE subcontracts.

The Contractor is required to include, in each subcontract, a clause requiring the use of appropriate arbitration mechanisms to resolve all payment disputes.

Lextran will not pay the Contractor for work performed unless and until the Contractor ensures that the

Subcontractors have been promptly paid for the work they have performed under all previous payment requests, as evidenced by the filing with Lextran of lien waivers, canceled checks (if requested), and the

Contractor’s sworn statement that it has complied with the prompt payment requirements. Prime

Contractors must submit a prompt payment affidavit, (form to be provided by Lextran and reproduced below) which identifies each subcontractor (both DBE and non-DBE) and the date and amount of the last payment to such subcontractor, with every payment request filed with Lextran, except for the first payment request, on every contract with Lextran.

Failure to comply with these prompt payment requirements is a material breach of the Contract, which may lead to any remedies permitted under law, including, but not limited to, Contractor debarment.

7.17. REPORTING REQUIREMENTS DURING THE TERM OF THE CONTRACT

The bidder/proposer shall within thirty (30) business days of contract award, or prior to any work being performed, execute formal subcontracts or purchase orders with the DBE firms included in the bid/proposal. These written agreements shall be made available to Lextran upon request. All contracts between the bidder/proposer and its subcontractors must contain a prompt payment clause as set forth in this section above.

During the term of annual contracts, the bidder shall submit regular “Status Reports of DBE Subcontract

Payments” in a form acceptable to the Authority. The frequency with which these reports are to be submitted will be determined by Lextran, but in no event will reports be required less frequently than quarterly. In the absence of written notice from Lextran, the bidder/proposer’s first “Status Report of

DBE Subcontract Payments” will be due ninety (90) days after the date of contract award, with additional reports due quarterly thereafter. In the case of a one-time procurement with either a single or multiple deliveries, a “Status Report of DBE Subcontract Payments”, in a form acceptable to the

Authority, indicating final DBE payments shall be submitted…