IFB.docx.pdf

City of Janesville, Janesville Transit System

Uniform and Floor Mat Rental Service IFB

JTS-IFB-2017-1

October 2, 2017

101 Black Bridge Road

Janesville, Wisconsin 53545 www.ci.janesville.wi.us/JTS http://www.ci.janesville.wi.us/JTS

Table of Contents I. Introduction

II. General Proposal Conditions II.E. Timeline II.F. Bid Submission II.G. Clarification and Amendment Process II.H. Terms of Contract II.I. Incurring Costs and Right to Cancel II.J. Bid Rejection and Withdrawal II.K. Bid Acceptance II.L. Single Bid Response

III. Protest Procedures III.F. Timing Requirements and Categories of Protests III.G. Protest Review III.H. Effects of Protest on Procurement Action III.I. Ability to Proceed III.J Summary Dismissal III.K Protest Decision III.L Appeals

IV. General Conditions IV.A. Performance Requirements IV.B . Hold Harmless IV.C. Subcontracting IV.D. Licensing, Permits, and Taxes IV.E. Insurance IV.F. Claims IV.G. Waiver of Terms and Conditions IV.H. Interpretation, Jurisdiction, and Venue IV.I. Compliance with Laws and Permits IV.J. Replacement Services IV.K. Lack of Funds

V. Scope of Services V.1. Scope V.B. Uniform Requirements V.C. Lost / Damaged Uniforms V.D. Uniform Samples V.E. Uniform Fitting V.F. Floor Mat Requirements V.G. Floor Mat Samples V.H. Delivery V.I. Changes to Uniforms, Floor Mats, and Invoices

VI. Federal Assurances & Certifications VI.A. No Government Obligation to Third Parties VI.B. Program Fraud and False or Fraudulent Statements and Related Acts VI.C Access to Records and Reports VI.D. Federal Changes VI.E. Civil Rights Requirements VI.F. Disadvantaged Business Enterprise (DBE) VI.G. Incorporation of Federal Transit Administration (FTA) Terms VI.H. Termination VI.I. Government-Wide Debarment and Suspension VI.J. Energy Conservation Requirements

Appendix A: Certification Forms to be Submitted with Bid Appendix B: Bid Price Form

I. Introduction I.A. The City of Janesville (Hereinafter referred to as CoJ) is issuing this Invitation for Bid

(Hereinafter referred to as IFB) to select a firm to provide uniform & floor mat rental service for CoJ and the Janesville Transit System (Hereinafter referred to as JTS).

I.B. JTS is a public transit system owned and operated by CoJ as a division of CoJ’s government. JTS provides fixed-route bus service throughout the City of Janesville with a connecting route to Beloit. JTS is operated out of the Transit Service Center located on 101 Black Bridge Road in Janesville, WI. The Transit Service Center building is comprised of the following areas: JTS offices; a Maintenance Facility; Bus Storage Garage; and a fueling bay. The successful bidder shall provide a floor mat rental service for this facility, as well as, a uniform rental service for JTS maintenance Personnel.

II. General Proposal Conditions II.A. Notwithstanding any other provision of this IFB, all bidders are hereby specifically advised that this IFB is a solicitation only. Bids must set forth full, accurate, and complete information as required by the IFB.

II.B. Responses to this IFB shall be made according to the specifications and instructions contained herein. Failure to adhere to these instructions may be cause for rejection of any bid.

II.C. Bidders shall understand and agree that submission of a bid will constitute acknowledgment and acceptance of, and a willingness to comply with, all the terms, conditions and criteria contained within this IFB. This IFB, as well as any and all parts of the submitted bid, may become part of any subsequent contract between the successful bidder and CoJ.

II.D. False, incomplete, or unresponsive statements in connection with a bid may be sufficient cause for rejection of the bid. The evaluation and determination of the fulfillment of the above requirement will be CoJ’s responsibility and its judgment shall be deemed final.

II.E. Bidders shall understand that any bid documentation submitted to CoJ shall become the property of CoJ and shall become subject to CoJ’s open records policy.

II.F. Timeline II.F.1. IFB Issuance – October 2, 2017 II.F.2. Question Submittal Deadline – October 12, 2017

On this date, any and all questions, requests for an interpretation or clarification of, or addenda to this IFB must be submitted in writing.

II.F.3. Addenda Posted – October 19, 2017 On this date, CoJ will post responses to pertinent requests for interpretation or clarification of, or addenda to this IFB.

II.F.4. Bid Submittal Period Begins – October 19, 2017 On this date, CoJ will begin accepting bids. Any bid submitted prior to this date shall not be considered of CoJ.

II.F.5. Bid Submittal Deadline – 12:00 PM, October 30, 2017 Prior to this time & date, all bids must be submitted. Any bid submitted after this deadline shall be considered late and shall be rejected.

II.F.6. Bid Opening - 12:01 PM, October 30, 2017.

The bid opening shall take place in the public lobby at the Janesville Transit Services Center located at 101 Black Bridge Road. Janesville, WI 53545.

II.F.7. Uniform / Floor Mat Approval – Week of, November 5, 2017 II.F.8. Uniform Fitting – Week of November 12, 2017 II.F.9. Start of Contract –December 4, 2017

II.G. Bid Submission II.G.1. Each bid shall be in a clearly marked, sealed envelope. The exterior of the envelope shall be clearly marked with the bidding firm’s name, complete address, and the title of this IFB (JTS-IFB-2017-1).

Bids shall be Sent to:

Attention: Michael Warren Janesville Transit System

Janesville, WI 53545

II.G.2. Bids in response to this IFB shall be considered received when the physical bid has been received by the addressee or designated agent.

II.G.3. All proposals must be received by CoJ at its transit office listed above by 12:00 PM, October 30, 2017. Proposals received after this specified date and time shall be considered late and may not be considered for evaluation.

II.G.4. Each bid submitted shall include all pertinent information, documents and forms (appendix A and appendix B).

II.G.5. Each bid shall include bidding firm’s name, physical address, printed name and title of authorized agent(s) submitting bid, email address, phone number, and signature of authorized agent(s).

II.G.6. Each bid should include the address to which payment should be mailed, if that address differs from physical address.

II.H. Clarification and Amendment Process II.H.1. A bidder may submit to CoJ a written request for an interpretation or clarification of, or addenda to, this IFB. Such requests shall be sent via email to Michael Warren at warrenm@ci.janesville.wi.us.

II.H.2. CoJ will review and prepare a written response to each request made by a bidder pursuant to this section. Responses may be shared with other bidders if addenda are necessary. CoJ’s written determination will be posted on the CoJ website. An email notification will be sent to all bidders when the responses have been posted.

II.H.3. CoJ reserves the right to make modifications or addenda to this IFB. If CoJ determines it is appropriate to revise any portion of this IFB, either at the request of a bidder or upon CoJ's own initiative, CoJ will issue, and make available to all prospective bidders, a written addendum setting forth this revision. Bidders shall acknowledge receipt of addenda by written notice thereof returned to CoJ as a component of the Bid. The addenda acknowledgement form can be found in appendix A. Without the acknowledgement of addenda, bids may not be considered. Where addenda require changes in the service to be performed, the date set for receipt of bids may be postponed by such number of days as CoJ determines appropriate in order to enable prospective bidders to revise bids.

II.H.4. CoJ is not bound by any oral interpretations, clarifications, or changes made to this IFB by any city employee. Any clarification or change to the IFB must be provided in writing pursuant to this section.

II.I. Terms of Contract II.I.1. The term of the contract shall be for a three (3) year period commencing on

December 4, 2017 and expiring on December 1, 2020.

II.I.2. CoJ shall have the option to extend the contract for two (2) additional one

(1) year periods commencing on the day after the initial term expires or the day after the preceding one year option expires.

II.I.3. The contract shall automatically extend into each one (1) year option unless CoJ notifies the successful bidder, in writing, 120 calendar days prior to the expiration of the initial and/or succeeding contract option period.

II.J. Incurring Costs and Right to Cancel II.J.1. CoJ shall not be responsible for any expenses incurred by any vendor in the development of a response to this IFB, including, but not limited to any supplemental information provided, submitted, or given to CoJ and/or its representatives.

II.J.2. CoJ reserves the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement.

II.K. Bid Rejection and Withdrawal II.K.1. CoJ reserves the right in its discretion to accept or reject any and all bids submitted in response to the IFB, or refuse to enter into any contract resulting from any bid submitted, without expense to CoJ.

II.K.2. The bidder, or an authorized representative, may, prior to the date and time set as the deadline for receipt of proposals, modify or withdraw a bid in person or by written, telegraphic, or electronic notice.

II.K.3. After the bid receipt deadline, bids may not be withdrawn without written approval form CoJ.

II.L. Bid Acceptance II.L.1. Each bid shall be submitted with the understanding CoJ intends to enter into a service agreement with the lowest responsive and responsible bidder.

II.L.2. CoJ shall evaluate each bid based the certified copies of insurance policies

(as identified in section IV.E) , completed certification forms (appendix A, and the information received in the bid price form (appendix B).

II.L.3. CoJ will use a predetermined formula based on the annual anticipated usage of each line item in the bid price form to calculate the lowest bid.

II.L.4. The bid price form shall include all pricing elements.

II.L.5. Upon acceptance of the bid, CoJ and the successful bidder shall promptly execute the final contract documents. The written contract shall bind the successful bidder to furnish, service, and deliver uniforms and floor mats at the price stated in the bid and in accordance with conditions stated in this

IFB.

II.L.6. Any contract resulting from this solicitation shall contain the terms and conditions included in this IFB, any addenda to this IFB, and the successful bid.

II.M. Single Bid Response II.M.1. If only one bid is received in response to this IFB, CoJ shall request information from the bidder to enable CoJ to perform a cost/price analysis, evaluation, and/or audit in order to determine if the price is fair and reasonable. This shall include, but not is limited to, labor rate, cost of services and profit.

III. Protest Procedures III.A. A protest which is submitted by a party which is not an interested party or which is not in accordance with the procedures outlined in this section shall not be considered by CoJ and will be returned to the submitting party without any further action by CoJ.

III.B. Protests of an interested party regarding the procurement actions of CoJ shall be considered and determined in accordance with the following procedures.

III.C. Any interested party may file a protest with CoJ on the following grounds:

a) CoJ has failed to comply with applicable Federal or State law;

b) CoJ has failed to comply with its procurement procedures;

c) CoJ has failed to comply with the terms of this solicitation.

d) CoJ has issued restrictive or discriminatory specifications.

III.D. A protest must be submitted in writing by certified mail or other delivery method by which receipt can be verified. Electronic submission of protests will not be accepted.

Protests must include all of the following elements:

III.D.1. The name and address of the protesting party and its relationship to the procurement sufficient to establish that the protest is being filed by an interested party;

III.D.2. Identity of the contact person for the protestor, including name, title, address, telephone number, fax number and email addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party;

III.D.3. Identification of the procurement;

III.D.4. A description of the nature of the protest, referencing the portion(s) of the solicitation involved;

III.D.5. Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based;

III.D.6. A compete discussion of the basis for the protest, including all supporting facts, documents or data.;

III.D.7. A statement of the specific relief requested; and III.D.8. Any relevant supporting documentation the protesting party desires CoJ to consider in making its decision.

III.D.9. All protests must be received between the hours of 8:00 AM and 4:30 PM, Monday through Friday. Protests shall be submitted to:

Director of Neighborhood and Community Services City of Janesville City Hall 1st Floor

18 N. Jackson Street, Janesville, WI 53546 (street) PO Box 5005, Janesville WI 53547-5005 (mailing)

III.E. The protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission. Documents which are readily available on the internet may be referenced by an appropriate link. If the protest is incomplete or the protestor omits required information CoJ shall not consider the protest.

III.F. Timing Requirements and Categories of Protests III.F.1. CoJ shall consider the following categories of protests within the time period set forth in each category:

III.F.2. Protests regarding solicitation process:

Any protest alleging improprieties in the solicitation process or in solicitation documents must be filed no later than ten (10) days after the publication of the IFB in order to be considered by CoJ. Any protest based on such grounds filed after that date shall not be considered by CoJ.

III.F.3. Protests regarding bidevaluation or contract award:

Any protest regarding the evaluation of bids by CoJ, or improprieties involving the approval or award or proposed approval or award of the contract, must be filed with CoJ no later than ten (10) days after the grounds for protest should have reasonably been known to the protestor, but in no event later than five (5) days after the contract has been awarded by CoJ. Any protest filed after such date which raises issues regarding the bid evaluation or the contract approval or award will not be considered by CoJ.

III.G. Protest Review III.G.1. CoJ shall notify the protestor of timely receipt of a protest whether the protest is being considered.

III.G.2. Upon receipt of the protest the protest reviewer shall notify all parties involved in the procurement.

III.G.3. In the notification, CoJ will inform the protestor of any additional information required for evaluation of the protest and set a time deadline for submittal of such information. If CoJ requests additional information and it is not submitted by the stated deadline, CoJ may either review the protest on the information before it, or decline to take further action on the protest.

III.G.4. At its discretion, CoJ may permit any party involved in the protest to submit information to CoJ regarding the merits of the protest. CoJ shall set a time deadline for the submittal of such comments, which shall be no less than five (5) days after notification of the protest.

III.G.5. CoJ may, in its sole discretion, hold an informal conference to review the merits of the issues raised by the protest. All interested parties will be invited to participate in the conference. Any information provided at the conference shall only be considered by CoJ in deciding the protest if it is submitted to CoJ in writing within three (3) days after the conference.

III.H. Effects of Protest on Procurement Action III.H.1. Protests regarding solicitation documents or process:

Upon receipt of a timely protest regarding the solicitation process or the solicitation documents, CoJ may postpone the opening of the proposals until resolution of the protest. The filing of the protest will not, however, change the date on which proposals are due, unless CoJ determines, and so notifies all proposers, that such a date change is necessary and appropriate to carry out the goals of the procurement.

III.H.2. Protests regarding proposal evaluation or contract award:

Upon receipt of a timely protest regarding evaluation of proposals or the award of the contract, CoJ may suspend contract approval or other pending action, or issue a stop work order if appropriate, until the resolution of the protest. In this event, the successful proposer may not recover costs resulting from any delay through a change order.

III.I. Ability to proceed III.I.1. Notwithstanding the pendency of a protest, CoJ reserves the right to proceed with the appropriate step or action in the procurement process or in the implementation of the contract in the following cases:

a) Where the service to be procured is urgently required;

b) Where CoJ determines, in writing, the protest is vexatious or frivolous;

c) Where delivery or performance will be unduly delayed or other undue harm to CoJ will occur by failure to make the award promptly; or

d) Where CoJ determines that proceeding with the procurement is otherwise in the best interest of the public.

III.J. Summary Dismissal III.J.1. CoJ also reserves the right to summarily dismiss all or any portion of a protest that raises legal or factual arguments or allegations that have been considered and adjudicated by CoJ in a previous protest in the same solicitation or procurement action.

III.K. Protest Decision III.K.1. After review of a protest is submitted, including information provided by the protestor and other parties, the results of any conferences with the protestor and CoJ’s own investigation and analysis, the protest reviewer shall issue a written decision on the protest.

III.K.2. Within ten (10) working days of receipt of protest the protest reviewer will render and publish a decision or extend the response period if additional time is required to gather and evaluate information necessary for the decision or for other good cause.

III.K.3. If the protest is upheld, CoJ will take appropriate action to correct the procurement process and protect the rights of the protestor, including re-solicitation of proposals, revised evaluation of proposals, CoJ’s determinations, or termination of the Contract.

III.K.4. If the protest is denied, CoJ will lift any suspension imposed and proceed with the appropriate stage of the procurement process or the contract.

III.L. Appeals

III.L.1. A protestor adversely affected by the decision of CoJ may submit a protest to the FTA for review in accordance with FTA Circular 4220.1F, paragraph 7.l. As stated in that Circular, FTA will only review protests regarding the alleged failure of CoJ to have written protest procedures, alleged failure to follow such procedures, or alleged failure to review a complaint or protest.

III.L.2. CoJ may proceed with the procurement in spite of a pending protest at the FTA if any of the following conditions are met:

a) The service or item to be procured is urgently required.

b) The delivery or performance will be unduly delayed by failure to make the award promptly.

c) The failure to make prompt award will otherwise cause undue harm to

CoJ or the Federal Government.

IV. General Conditions IV.A. Performance Requirement

IV.A.1. The successful bidder shall, at all times during the term of the contract, perform all work diligently, carefully, and in a professional manner; and shall furnish all labor, supervision, materials and supplies necessary.

Notwithstanding the provision of drawings, technical specifications, or other data by CoJ, the successful bidder shall have the responsibility of supplying all items and details required to perform the services specified in this IFB.

IV.A.2. The successful bidder shall conduct all work in the successful bidder's own name and not in the name of, or as an agent for, COJ.

IV.B. Hold Harmless IV.B.1. The successful bidder and CoJ shall indemnify, defend and hold each other harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney’s fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or agents. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any and all claims based on facts or conditions that occurred prior to expiration or termination.

IV.C. Subcontracting IV.C.1. The successful bidder will not enter into any subcontract except with the prior review and written approval of CoJ.

IV.C.2. In any case in which the successful bidder desires to subcontract, it shall provide CoJ with all proposed subcontracting agreements and documents, including scope of work and terms of compensation.

IV.C.3. The successful bidder shall be fully responsible for all work performed by any subcontractor.

IV.C.4. Any approval of a subcontract shall not be construed as making CoJ a party to such subcontract, giving the subcontractor privity of contract with CoJ, or subjecting CoJ to liability of any kind to any subcontractor.

IV.C.5. All subcontracts will incorporate in full all appropriate conditions and terms as set forth herein.

IV.C.6. By entering into a subcontract the successful bidder shall not, under any circumstances, relieve the successful bidder of its liability and obligations under the contract and all transactions with CoJ must be through the successful bidder.

IV.D. Licensing, Permits, and Taxes IV.D.1. The successful bidder must be in compliance with all applicable federal, state, and local codes, regulations, and licensing requirements as well as all applicable state motor vehicle codes and licensing requirements.

IV.D.2. The cost for any required licenses or permits shall be the responsibility of the successful bidder. The successful bidder is liable for any and all taxes due as a result of the contract.

IV.E. Insurance IV.E.1. The successful bidder shall carry and pay premiums for insurance of the types and with the limits of liability not less than stated below. The contractor shall take out and maintain during the term of this proposal such general liability, vehicle liability, and property damage insurance as shall protect CoJ and JTS from all claims for liability, damages, personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this proposal whether such operations be by the successful bidder or by another directly or indirectly employed by either of them. Such insurance shall be maintained in effect during the term of the contract and shall cover all events occurring during the term of the contract (commonly known as tail coverage). It is hereby agreed and understood that the insurance required by CoJ is primary coverage and that any insurance or self-insurance maintained by CoJ, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. The minimum amount of insurance shall be as follows:

IV.E.1.a. Workers' Compensation Insurance covering all of successful bidder's employees engaged in work under the contract as required under the Workers' Compensation Act of the State of Wisconsin and/or any applicable law or laws of any other state or states. Employer's Liability Insurance with limits of liability of not less than $100,000 per accident, $100,000 per employee for disease, and $500,000 policy total for disease.

IV.E.1.b. General Liability Insurance including the coverage for the successful bidder's premises used for storage and maintenance of vehicles used in performance of the contract with limits of liability of not less than $1,000,000 each occurrence combined single limit and $2,000,000 general policy aggregate if applicable. Such liability insurance shall also include coverage for Personal Injury Liability. Claim made form of coverage is not acceptable.

IV.E.1.c. Automobile Liability Insurance covering “any auto” used in connection with the work performed under the contract with limits of not less than $5,000,000 each occurrence combined single limit for bodily injury and property damage.

IV.E.2. All such policies as required above shall be endorsed to provide a sixty (60) day written notice of cancellation, renewal, or material change to CoJ.

IV.E.3. The limits of liability as required under this section may be provided by a single policy of insurance or a combination of policies including the so-called umbrella liability policy. Self-insurance or the use of deductibles or self-insured retentions shall not be considered as complying with these requirements unless approved in writing by CoJ.

IV.E.4. The types of insurance and limits of liability stated in this section are the minimum acceptable to CoJ and shall in no way be construed as a limitation of the successful bidder's liabilities and obligations arising out of the performance of the contract.

IV.E.5. The successful bidder shall require any and all subcontractors performing work under the contract to carry insurance to the types and with limits of liability as the successful bidder shall deem appropriate and adequate.

IV.E.6. The successful bidder shall obtain and make available for inspection by CoJ upon request certificates of Insurance evidencing insurance coverage carried by such subcontractors.

IV.E.7. All insurance required, maintained, or provided by the successful bidder and subcontractors shall be with companies and policies approved by CoJ. CoJ has the right to inspect, prior to commencement of the work, all of The successful bidder's insurance policies in regard to required insurance coverage. All such insurance companies shall carry a “Best's” rating of A- (or equivalent) and be licensed by the State of Wisconsin.

IV.E.8. Proof that such insurance coverage exists as required above shall be furnished to CoJ in the form of certified copies of insurance policies and submitted with the bid documents. Renewal or replacement policies shall be furnished fifteen (15) days prior to the expiration date or termination date of any policy furnished in compliance with the requirements of the contract.

IV.E.9. If the successful bidder fails to provide proof of required insurance during the term of the contract, CoJ reserves the right, but not the obligation, to purchase other insurance to protect CoJ’s interests and to withhold from the successful bidder's payments the cost of such insurance.

IV.F. Claims IV.F.1. If a claim is made against the successful bidder as a result of any service performed under this contract, the successful bidder must verbally notify CoJ with a complete and accurate description of the claim within twenty-four (24) hours of the submission of the claim to the successful bidder. A written description of the claim must be submitted within forty-eight (48) hours of the submission of the claim to the successful bidder.

IV.F.2. CoJ will notify the successful bidder of any claims reported directly to CoJ within seventy-two (72) hours of receipt of the claim.

IV.G. Waiver of Terms and Conditions IV.G.1. The failure of CoJ or the successful bidder to enforce one or more of the terms or conditions of the contract or to exercise any of its rights or privileges, or the waiver by CoJ of any breach of such terms or conditions, shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred.

IV.H. Interpretation, Jurisdiction, and Venue IV.H.1. All contractual agreements shall be subject to, governed by, and construed and interpreted solely according to the laws of the State of Wisconsin. The successful bidder hereby consents and submits to the jurisdiction of the appropriate courts of Wisconsin or of the United States having jurisdiction in Wisconsin for adjudication of any suit or cause of action arising under or in connection with the contract documents, or the performance of such contract, and agrees that any such suit or cause of action may be brought in any such court.

IV.I. Compliance with Laws and Permits IV.I.1. The successful bidder shall give all notices and comply with all existing and future Federal, State, and Local laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the contract, including, but not limited to, the laws referred to in the provisions of the contract and in the other contract documents. If the contract documents are at variance therewith in any respect, any necessary changes shall be incorporated by appropriate modification. Upon request, The successful bidder shall furnish to CoJ certificates of compliance with all such laws, orders, and regulations.

IV.J. Replacement Services IV.J.1. In the event the successful bidder is unable, due to a strike, work stoppage, or other event not caused by CoJ and not covered in this IFB, to provide services in full compliance with the requirements of the contract, then CoJ may, in lieu of finding the successful bidder in default, obtain the services of a replacement service provider with its own resources (collectively referred to as "replacement services").

IV.J.2. CoJ may utilize such replacement services as a substitute for all or any part of the successful bidder's services, and may maintain such replacement services in effect until the successful bidder is able to resume performance in full compliance with the contract.

IV.J.3. Prior to implementing replacement service, CoJ shall notify the successful bidder in writing and provide the successful bidder three (3) days in which to cure its noncompliance.

IV.J.4. If CoJ utilizes replacement services under this Section, the successful bidder shall be liable to CoJ for the actual, reasonable amount by which the cost of such services exceeds the amount that would have been payable under the contract for comparable services, including any expenses incurred by CoJ in soliciting and obtaining those services.

IV.J.5. Any action taken by CoJ pursuant to this section in response to the successful bidder's failure to perform shall not preclude CoJ from subsequently finding the successful bidder in default of the contract.

IV.K. Lack of Funds IV.K.1. The entering into of the contract by CoJ is subject to its receipt of Federal, State, and Local funds adequate to carry out the provisions of the contract in full.

IV.K.2. CoJ may cancel or reduce the amount of service to be rendered if CoJ determines that such action is in its best interests, or that there will be a lack of funding available for the service.

IV.K.3. In the event CoJ cancels or reduces the service it will notify the successful bidder in writing thirty (30) days prior to the date cancellation or reduction is to be effective.

V. Scope of Services

V.A. Scope V.A.1. It is the intent of this specification to describe the minimum requirements for uniform and floor mat rental service as required by CoJ. All items, features or services not specifically mentioned which are necessary or normally provided, shall be furnished by the successful bidder at the bid price and shall conform in quality of materials and workmanship to that usually provided by the standard practices indicated in this specification.

V.A.2. The agreement shall require the successful bidder to supply and service the necessary uniforms and floor mats as detailed in this IFB.

V.A.3. All quantities listed are considered estimates and are subject to change throughout the term of the contract.

V.B. Uniform Requirements V.B.1. Four (4) full-time and three (3) part-time maintenance employees shall utilize the uniform service.

V.B.2. All initial uniforms provided shall be new and unused.

V.B.3. All initial uniforms issued for new employees, throughout the duration of the agreement, shall be new and unused.

V.B.4. Full-time maintenance employees shall be provided shirts and pants or coveralls.

V.B.5. The uniforms shall be picked-up for cleaning on a weekly basis and delivered the following week.

V.B.6. Full-time maintenance employees shall be provided six (6) changes per week with one (1) spare set, for a total of 13 sets.

V.B.7. Part-time maintenance employees shall be provided shirts or coveralls.

V.B.8. Part-time maintenance employees shall be provided one (1) change per week, for a total of three (3) sets.

V.B.9. Waist sizes on pants shall be available in one (1) inch increments. (e.g. 31, 32, 33, 34...)

V.B.10. Each uniform, unless noted in writing by an authorized agent, shall have a name tag containing the first name of the employee. The name shall be embroidered or embroidered patches located over the right pocket.

V.B.11. Employees that are considered to be out of service will be removed from the active list for uniform service without penalty to CoJ. Uniforms for out of service employees shall be returned to the service company.

V.B.12. The service shall provide suitable uniforms of heavy duty material with a blend of 65% polyester and 35% cotton.

V.B.13. The employee shall be given the option of short sleeve shirts, long sleeve shirts, or a combination of short and long sleeve. The chosen option shall be in effect for the length of the contract.

V.B.14. The uniforms shall be standard grey in color, or an approved equal.

V.B.15. Pants shall be available in both regular and jean cut and shall be tailored for each gender.

V.B.16. Each garment issued to a CoJ employee shall be labeled with the date the garment was put in service.

V.B.17. The successful bidder shall supply, at no cost to CoJ, two (2) uniform bins.

One bin shall be dedicated for dirty uniforms and one bin shall be dedicated for uniforms that need repairs.

V.B.18. Each week the successful bidder shall retrieve all uniforms from both bins and hang clean uniforms in dedicated uniform area.

V.C. Lost / Damaged uniforms V.C.1. CoJ will assume responsibility for the loss of uniforms or uniforms damaged beyond a usable condition.

V.C.2. A depreciation schedule shall be included in the bid.

V.C.3. When a uniform is damaged, CoJ employees shall “tag” damaged uniforms, identifying the damage and place the uniform in the repair bin.

V.C.4. There shall be two categories of damaged uniforms; repairable and unrepairable.

V.C.4.a. Repairable damages include, but are not limited to; minor rips or tears, missing buttons, small holes, etc.

V.C.4.b. Unrepairable damages include, but are not limited to; major rips or tears, large holes, etc.

V.C.5. The successful bidder must be repair all repairable uniforms and return the uniform in a wearable, presentable condition. All repairs must be deemed acceptable by an authorized CoJ representative.

V.C.6. All repairs to uniforms shall be at no cost to CoJ.

V.C.7. In the event a garment has unrepairable damage, it shall be replaced.

V.C.8. Unrepairable damaged uniforms must be physically presented to an authorized CoJ representative and approved prior to the replacement of the garment.

V.C.9. CoJ shall be notified in writing whenever a uniform is lost. Included in the notification shall be the replacement uniform cost at the depreciated value.

V.C.10. CoJ must approve the replacement of any lost uniforms prior to the issuance of a replacement garment.

V.C.11. If a replacement is issued, it must be of the same type, style and quality as the uniform it replaced.

V.C.12. No changes, whatsoever, shall be allowed without prior written consent from an authorized representative of CoJ.

V.D. Uniform Samples

V.D.1. Prior to the start of the contract, the successful bidder shall meet with CoJ to gain approval of uniform styles, materials, fabrics, colors and to confirm quantities.

V.D.2. A sample of each type of proposed uniform shall be provided at the meeting.

V.E. Uniform Fitting V.E.1. The successful bidder shall have a representative arrange fittings for all CoJ employees receiving uniforms. The successful bidder may drop off uniforms of all available sizes for the fitting and does not need to be present during the fitting.

V.E.2. For the fitting, the successful bidder shall use pre-shrunk uniforms, laundered a minimum of ten (10) times, to assure correct sizing of the new uniforms.

V.E.3. Any size changes during the duration of the contract shall come at no cost to CoJ.

V.E.4. The successful bidder shall provide new uniforms within three (3) weeks of the fitting, unless outsized or special order. Outsized or special order uniforms shall be provided within six (6) weeks. Outsized is defined as follows:

a) Shirts - size "XS" or smaller, "XXL" or larger

b) Pants - waist 28" or smaller, 44" or larger

c) Coveralls - size 36 or smaller, 52 or larger

V.F. Floor Mat requirements V.F.1. The successful bidder shall supply CoJ with a total of nine (9) floor mats.

Eight (8) interior mats shall be heavy duty industrial quality, nylon over a heavy duty rubber backing. One (1) scraper mat shall be heavy duty industrial quality, made of durable rubber.

V.F.2. A detailed map of floor mat locations shall be provided to the successful bidder prior to the start of the service.

V.F.3. With the exception of the scraper mat, all mats shall be the same dark brown color.

V.F.4. The scraper mat shall be dark black, brown, or grey.

V.F.5. Mats shall not create a hazard to CoJ employees or to the public. Mats shall lay flat, be designed with low profile for door clearance, and not emit offensive odors.

V.F.6. There shall be nine (9) total floor mats sizes are listed below:

a) 4x6 = one (1) total

b) 3x5 = four (4) total

c) 3x10 = three (3) total

d) 4x6 Scraper = one (1) total

V.F.7. The successful bidder shall retrieve the mats from where the mats lay and shall lay out clean mats flat on the floor in the same location where the previous mat laid.

V.G. Floor Mat Samples V.G.1. Prior to the start of the contract, the successful bidder shall meet with CoJ to gain approval of floor mat styles, materials, fabrics, colors and to confirm quantities.

V.G.2. A sample of each type of floor mat shall be provided at the meeting.

V.H. Delivery V.H.1. Uniforms and floor mats shall be delivered and picked up at the following physical location:

Janesville Transit System 101 Black Bridge Road

Janesville WI 53545

V.H.2. The successful bidder shall set up and maintain CoJ approved pick up/delivery schedule. The pick-up / delivery of uniforms and floor mats shall take place between 9:30 am CST and 4:30 PM CST, Monday through friday. CoJ shall not accept deliveries outside of this time frame.

V.H.3. The uniforms shall be changed on a weekly basis.

V.H.4. The floor mats shall be changed as follows:

a) Winter Service: Once a week - November 1 through March 31.

b) Regular Service: bi-weekly - April 1 through October 31.

V.H.5. JTS reserves the right to change delivery schedules by providing a one (1) week written notice.

V.H.6. In the event the uniforms and floor mats are not delivered on the scheduled delivery day CoJ shall withhold all payments until delivery and shall apply a late fee of 20% of the original invoice price, per day. This fee will be deducted from the invoice.

V.H.7. In the event a portion of uniforms and/or floor mats are not delivered on the scheduled delivery day CoJ shall withhold all payments and shall apply a late fee of double the original invoice price, per day per garment/floor mat not delivered. This fee shall be deducted from the invoice.

V.I. Changes to Uniforms, Floor Mats, and Invoices V.I.1. Any change to the quantity, size, style of uniforms/floor mats, and/or anything that may alter the invoice price must be approved in writing by an authorized CoJ representative.

V.I.2. In the event an unapproved change to the uniforms, floor mats, or invoice price occurs, CoJ shall withhold all payments until the issue is corrected and

CoJ shall apply a fee of double the cost of the unapproved change, dating back to the inception of the change.

V.I.3. Any charges added to an invoice that are not specifically indicated in the bid price form or have not been authorized, in writing, by an authorized CoJ representative will be considered a change to the invoice price and subject to penalties outlined in section V.I.2 of this document.

V.I.4. CoJ representatives authorized to approve changes:

a) Janesville Transit Maintenance Supervisor

b) Janesville Transit Assistant Director

c) Janesville Transit Director

VI. Federal Assurances & Certifications

VI.A. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

FTA Circular 4220.1F

No Obligation by the Federal Government.

The City of Janesville and the 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 the City of Janesville, 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.

VI.B. PROGRAM FRAUD AND FALSE OR FRAUDULENT

STATEMENTS AND RELATED ACTS

31 U.S.C. 3801 et seq.

49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Program Fraud and False or Fraudulent Statements or 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. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) 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.

VI.C. ACCESS TO RECORDS AND REPORTS

49 U.S.C. 5325 18 CFR 18.36 (i)

49 CFR 633.17

Access to Records - The following access to records requirements apply to this Contract:

Where the City of Janesville is not a State but a local government and is the FTA subrecipient or a subgrantee of the FTA subrecipient in accordance with 49 C. F. R.

18.36(i), the Contractor agrees to provide the City of Janesville, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three 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 Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

FTA does not require the inclusion of these requirements in subcontracts.

VI.D. FEDERAL CHANGES

49 CFR Part 18

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 City of Janesville 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.

VI.E. CIVIL RIGHTS REQUIREMENTS

29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.

Civil Rights - 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 http://www.fta.dot.gov/funding/apply/grants_financing_3162.html

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.

VI.F. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

49 CFR Part 26

Background and Applicability

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