Link Transit Fixed Route & Paratransit Service RFP 25-0117.pdf

REQUEST FOR PROPOSAL

Solicitation of the Service Provider for the Link Transit Fixed Route & Paratransit System

RFP# 25-0117

PROPOSAL DUE DATE: Friday, January 17, 2025 @ 2:00 p.m. EST PROPOSAL SUBMITTAL LOCATION: City of Burlington Purchasing Division 237 West Maple Avenue Burlington, NC 27215

PURCHASING MANAGER: Sonjia Cross, CLGPO

TELEPHONE NUMBER: (336) 222-5006

scross@burlingtonnc.gov

Technical questions shall be directed to:

TRANSIT MANAGER: John Andoh, CCTM, CPM

TELEPHONE NUMBER: (336) 222-7351

jandoh@burlingtonnc.gov

Competitive proposals for the specified service shall be received by the City of Burlington until the date and time cited. Please submit your proposal to the City of Burlington Purchasing Division, Attention: Sonjia Cross, Purchasing Manager CLGPO via one of the following ways:

Mail: Hand Deliver:

P.O. Box 1358 237 West Maple Avenue Burlington NC, 27216 Burlington, NC 27215

Proposals must be in the actual possession of the Purchasing Division at the location indicated, on or prior to the exact date and time indicated above. Late proposals shall not be considered. The prevailing clock shall be the City of Burlington Purchasing Division clock in the Eastern Standard Time (EST) zone.

TABLE OF CONTENTS

Introduction………………………………………………………………………………………………………………………………………..3

Procurement Process/Tentative Timeline……………….……………………………………………………………………..……4

Instructions to Offerors……………………………………………………………………………………………………………………

General Terms and Conditions……………………………………………………………………………………………………………11

Proposal Format…………………………………………………………………………………………………………………………………20

Fixed Route Service Provision Scope of Work……………………………………………………….……………….…………..23

Paratransit Service Provision Scope of Work………………………………………………………………………………………59

Maintenance Scope of Work………………………………………………………………………………………………..…………….64

Proposing Offeror’s Background and Experience…………………………………………………………...…………….…….71

Proposal Evaluation Criteria……………………………….……………………………………………………………………….……..79

City Contracting Requirements……………………………………………………………………………………………………….….81

Required Forms………………………………………………………………………………………………………………………………..112

Appendix Forms………………………………………………………………………………………………………………….…………...125

Exhibit Forms……………………………………………………………………………………………………………………………………134

Federal Requirements and Special Conditions………………………………………………………………………………….136

Federal Required Forms……………………………………………………………………………………………………….…………..168

INTRODUCTION

The City of Burlington (City), Alamance County, Alamance Community College, Town of Gibsonville, Town of

Elon and City of Mebane, North Carolina entered into a partnership and established a fixed bus route public transportation service for the area called the Link Transit System. The Link Transit system began operations in June 2016 with a contracted service provider providing operations and maintenance to the city’s bus fleet.

Currently, Link Transit consists of a fleet of seven (7) transit buses and three (3) paratransit vans which operates a total of five (5) fixed routes and paratransit service in the urban area of Alamance County between Gibsonville and Mebane. The City of Burlington Department of Transportation oversees administration of the Link Transit system by way of a Transit Manager.

The City of Burlington is accepting proposals for the operation of the Link Transit Fixed Route & Paratransit system. The selected Service Provider shall provide the personnel, maintenance, materials, supplies, training, and superintendence necessary for safe, courteous, and reliable transportation of passengers. The selected Service Provider will be solely responsible for maintenance of the City-provided fleet and providing a facility suitable for the provision of services. The City reserves the right during the term of the Contract to replace

Service Provider its facility with its own or add additional paratransit vehicles.

The requirements for submitting a proposal are stated in the attached Request for Proposals (“RFP”). All proposals are due to the City of Burlington Purchasing Division, 237 West Maple Avenue Burlington, NC 27215, no later than Friday, January 17, 2025 at 2:00 p.m. Eastern Standard Time (EST). One (1) hard copies and one (1) digital (flash drive) with unlocked files and Microsoft Excel Price Proposal pages, including one (1) with original signatures, of your proposal should be submitted in a sealed box or opaque envelope plainly marked with the following information:

Service Provider for the Link Transit Fixed Route & Paratransit System

Attention: City of Burlington/Sonjia Cross, Purchasing Manager, CLGPO Name of the Service Provider Submitting Proposal

RFP questions regarding the operations or technical aspects of Link Transit must be directed to John Andoh, Transit Manager via email at jandoh@burlingtonnc.gov. Questions regarding the City contracting policy, accounting procedures and other City regulations should be directed to Sonjia Cross, Purchasing Manager

CLGPO at scross@burlingtonnc.gov. The City encourages all disadvantaged business enterprises and small businesses to submit proposals.

PROCUREMENT PROCESS/TENTATIVE TIMETABLE

The following chart shows the schedule of events to prepare your submittal. The key events and deadlines for this process are as follows, some of which are set forth in more detail in the Sections that follow (subject to change with notification):

DATE EVENT

December 3, 2024 The City issues this RFP.

December 10, 2024

Submission of Written Questions. Firms may submit to the city written questions for purposes of clarifying this RFP. All questions must be sent to

John Andoh, Transit Manager at the email address listed below and must include the name of the professional firm contact person to receive the

City’s answers. Send to John Andoh, Transit Manager - jandoh@burlingtonnc.gov

December 10, 2024 Voluntary Pre-Proposal Meeting to be held via

Zoom at 12 p.m. EST. Please use this link to register for this Pre-Proposal Meeting:

https://us02web.zoom.us/meeting/register/tZwrc- 6pqz4jE9NI9xSPqte6Y2PPc1_g0mpF or in person at

234 East Summit Avenue, Burlington, CA 27215

December 12, 2024

City’s Response to Written Questions. The City will submit a written response to all questions submitted in writing by the submission deadline.

The City’s written response to all questions will be distributed by the date listed via email.

January 17, 2025

Proposal Submission. Proposals are due by 2:00 p.m., EST on Friday, January 17, 2025, at the City’s

Purchasing Division as described in the cover letter.

All Proposals will be time-stamped upon receipt and held in a secure place until this date.

February 2025 Interviews & Presentations

March 2025 Presentation to PTAC and Anticipated City Council Award Date

July 1, 2024 Contract Begins

REQUEST FOR PROPOSALS ACKNOWLEDGMENT: Upon the Service Provider’s receipt of this RFP, please acknowledge its receipt via email using the RFP Acknowledgement Form located in the Required Forms

Section, Required Form One. Complete the form in its entirety advising the City of your firm’s intention to submit or not submit a proposal and the name, address, telephone number, and email address of your of your primary and secondary contact person. The completed and signed form should be emailed to the attention of John Andoh, Transit Manager at jandoh@burlingtonnc.gov.

INTERVIEWS & PRESENTATIONS: The Service Provider(s) whose proposals are deemed to fall within the competitive range of proposal scores may be required to appear before the City and/or its representatives for an interview. During such interview, the Service Provider will be required to present its proposal orally and otherwise and to respond in detail to any questions posed. Key management personnel included in the proposal must attend the interview. The tentative dates scheduled for interviews are February 2025. These dates may change as the City reviews proposals and attempts to align schedules for personnel and Service

Providers. The City reserves the right to forgo the interviews should it be determined that only one Service Provider falls within the competitive range.

BINDING PROPOSAL: Each proposal shall be signed by an individual authorized to bind the Service Provider and shall contain a statement to the effect that the proposal is a firm offer for a 180-calendar day period from the date of opening. All costs quoted shall be firm and fixed for the full contract period of three (3) years. The Contract shall also include the option of renegotiating a Contract extension for a maximum for two (2) one (1) year periods. The proposal shall provide the name, title, address and telephone number of the individual with authority to contractually bind the Service Provider.

CORRECTION OF ERRORS: The person signed the proposal must initial erasures or other corrections in the proposal. The Service Provider further agrees that in the event of any obvious errors, the City reserves the right to waive such errors in its sole discretion. The City, however, has no obligation under any circumstances to waive such errors.

EVALUATION PROCESS: Proposals will be evaluated based on the Service Provider’s ability to meet the requirements of the RFP. To be deemed responsive, it is important for the Service Provider to provide appropriate detail to demonstrate to the satisfaction of each criterion and compliance with the performance requirements outlined in the RFP.

The total points given to a proposal by the individual evaluators will be averaged to determine the proposals overall score. All proposals will be evaluated on the following basis:

Qualifications Overall quality of Proposal, including responsiveness and comprehensiveness.

Adequacy and appropriateness of proposed staffing plan. Experience and ability of corporate support in supporting City’s fixed route and paratransit system. Overall technical capability, including administration, fixed route, and paratransit operations, scheduling and dispatching (including experience with computerized paratransit and maintenance software), safety, risk management, and training.

Key Personnel Qualifications

Experience of Service Provider’s on-site management personnel with projects of comparable size and scope as well as a thorough understanding of the services to be provided to City, and the background, safety and customer service philosophy and programs, commitment to providing quality transit services. Service Provider’s level of management, dispatch, road supervision, and maintenance support staffing adequate for effective operation of City’s program of services, including ability to develop a well-established working relationship with City.

DBE

Participation

Use of DBEs to deliver portions of the requirements established in the RFP.

Any proposal indicating less that the required twenty percent (20%) participation will be awarded “0” points. All Offerors demonstrating 20% or more will be evaluated from highest to lowest.

Innovation Use of innovation and technology to reduce operational costs, improve quality control, and provide the best customer experience possible to City.

Pricing Cost ability to provide high quality services at a competitive price and the financial stability of the Service Provider. The cost evaluation is completed by dividing the total points awarded to each proposal by its proposed cost. In this method, a value is presented in the form of a cost per point. The proposal with the lowest cost per point represents the best value to the City and would receive the award.

Total 100

PROTEST: Written protest procedures are defined below:

OVERVIEW: Any protests by an interested party regarding this procurement shall be made in accordance with Protest Procedures contained herein. After such administrative remedies have been exhausted, an interested party may file a protest with the Federal Transit Administration (FTA) of the U.S. Department of Transportation pursuant to the procedures provided in FTA Circular 4220.1F.

Failure to comply with the protest procedures will render a protest untimely and/or inadequate and shall result in its rejection.

PURPOSE: The purpose of these procedures is to set forth the procedures to be used by City in considering and determining all protests or objections regarding solicitations, proposed award of a Contract, or award of a Contract whether before or after award.

GENERAL: For a protest to be considered by City, it must be submitted by an interested party (as defined below in accordance with the procedures set forth herein. A protest which is submitted by a party, who is not an interested party, or which is not in accordance with the procedures, shall not be considered by City and will be returned to the submitting party without any further action by City.

DEFINITIONS: The following terms, as may be used in this section, are defined below:

Proposal - an offer or proposal as used in the context of this RFP. Day - working day of City, where City of Burlington Purchasing Division, located at 237 West Maple Avenue, Burlington, NC 27215 is open to the public.

Date of Notification of Intent to Award - the calendar date that City communicates to Offeror which proposing firms, corporation, partnership, or individual are recommended for award.

File or Submit - date and time of receipt by City of protest materials.

Interested Party - an actual or prospective Offeror whose direct economic interest would be affected by the award of Contract or by failure to award Contract. Protester - interested party filing a protest or appeal.

PROTEST PROCEDURES:

Filing Procedure Protests dealing with restrictive specifications or alleged improprieties in solicitation must be filed no later than ten (10) business days prior to RFP opening or closing date for receipt of proposals. Any other protest must be filed no later than three (3) business days after: 1. Notification of Intent to Award is issued for award of Contract if the Contract award is approved by City Council per the Transit Manager’s recommendation; or 2. Notification of Award is issued if the City Council has delegated award authority to the Purchasing Manager or City Council does not award the Contract according to the Notification of Intent to Award.

Protests shall be in writing and addressed to the Purchasing Manager with a copy to the Transit Manager. The protest shall identify the protestor, contain a statement officially declaring a protest and describing the reasons for the protest, and provide any supporting documentation. Additional materials in support of the initial protest will only be considered if filed within the time limit specified above. The protest shall indicate the ruling or relief desired from City.

Confidentiality materials submitted by a protester will not be withheld from any interested party, except to the extent that the withholding of information is permitted or required by law or regulation. If the protest contains proprietary material, a statement advising of this fact may be affixed to the front page of the protest document and the alleged proprietary information must be so identified wherever it appears.

Withholding of Award - When a protest is filed before opening of RFPs or closing date of proposals, the RFPs will not be opened prior to resolution of the protest, and when the protest is filed before award, the award will not be made prior to resolution of the protest, unless the Awarding Authority determines that:

Items to be procured are urgently needed, or delivery or performance will be unduly delayed by failure to make award promptly; or

Failure to make award will cause undue harm to City. In the event an award is to be made while a protest is pending, the Federal Transit Administration shall be notified if Federal funding is involved.

The Purchasing Manager shall respond to the protestor within five (5) business days of receiving the protest. A conference on the merits of the protest may be held with the protester.

Any additional information required by City from the protester shall be submitted as expeditiously as possible, but no later than three (3) days after receipt of such request.

Notification: The Purchasing Manager shall notify the protester of a decision regarding the protest no later than ten (10) days following receipt of all relevant information.

Appeal: If a protester is not satisfied with the decision made by the Purchasing Manager the protester may appeal the decision to the Awarding Authority (City Council) by way of a letter to the Purchasing

Manager no later than three (3) business days after notification of denial of the protest by the Purchasing Manager. If the Purchasing Manager is the Awarding Authority the protester will be deemed to have exhausted its appeals to City upon receipt of the initial rejection of the protest by the Purchasing

Manager. If Federal funds are involved, the protester may file protest with the FTA appealing the final decision of the Awarding Authority. Under limited circumstances, and after the protester has exhausted all administrative protest remedies made available to him at the agency level, an interested party may protest to the FTA the award of a Contract pursuant to an FTA grant. Review by FTA will be limited to:

Violation of Federal law or regulations

Violation of City’ protest procedures described herein, or failure by City to review protest

Protests must be filed with FTA (with a concurrent copy to City) within five (5) days after the Awarding

Authority renders a final decision, or five (5) days after the protester knows, or has reason to know, that the Awarding Authority failed to render a final decision. After five (5) days, City will confirm with

FTA that FTA has not received protest on the Contract in question. Circular 4220.1F, the FTA’s Third

Party Contracting Guidance, is available for review at City’ office, or online at www.transit.dot.gov/regulations-and-guidance/ftacirculars/third-party-contracting-guidance.

A copy may also be obtained from the FTA at the following address: Federal Transit Administration

Federal Building Region 4, 230 Peachtree NW, Suite 1400, Atlanta, GA 30303.

City shall not be responsible for any protests not filed in a timely manner with FTA. In the event an award is to be made while a protest is pending, the FTA shall be notified if Federal funding is involved.

FTA Determinations to Decline Protest Reviews FTA’s determination to decline jurisdiction over a protest does not mean that FTA approves of or agrees with the recipient’s decision or that FTA has determined the Contract is eligible for Federal participation. FTA’s determination means only that FTA does not consider the issues presented to be sufficiently important to FTA’s overall program that

FTA considers a review to be required.

INSTRUCTIONS TO OFFERORS

GENERAL: All RFPs are subject to the provisions of the General Terms and Conditions. Offeror terms and conditions included as a part of published price lists, catalogs, and/or other documents submitted as a part of the RFP response are waived and will have no effect either on the RFP, or any Contract which may be awarded as a result of this RFP. The attachment of any other terms and conditions may be grounds for rejection.

Offeror specifically agrees to the conditions set forth in this paragraph by signature of the "RFP" contained herein.

Pursuant to the United States Department of Transportation, North Carolina Revised General Statutes (G.S.)

143-48 and Executive Order No. 77, the State and the City invites and encourages participation in this procurement by a business owned by minorities, women, and those with disabilities.

WARRANTY: Offeror guarantees services as well as equipment offered to the City to be free from any and all defects in material and workmanship and warrants same for a period of five (5) years unless otherwise stated in the specifications. Such warranty to cover the cost of all service, parts, labor, and travel to and from points of service.

PROPOSAL EVALUATION: The City reserves the right to reject any RFP on the basis of the function, compatibility with user requirements, as well as cost. The City reserves the right to award this Contract to a single overall Offeror on all items, or to make award on the basis of individual items or groups of items, whichever shall be considered by the City to be most advantageous or to constitute its best interest. Offerors should show unit prices but are requested to offer a lump sum price. The City will not be bound by oral discussions during evaluation process. The City’s Purchasing Manager with recommendation from the

Transit Manager should approve all contracts regarding this award.

CCANCELLATION: The City may terminate/cancel this Contract at any time by providing written notice to the

Offeror at least 90 days before the effective date of termination/cancellation.

SERVICE: Adequate and satisfactory availability of repair parts and supplies, and ability to meet warranty and service requirements are necessary. The City reserves the right to satisfy itself by inquiry or otherwise as to Offeror's capability in this regard.

SAFETY: See attached General Terms & Conditions #34.

RFP RESULTS: RFP tabulation will be sent out along with the award letter.

QUESTIONS: Questions regarding the specifications on this RFP should be referred to John Andoh, Transit

Manager at jandoh@burlingtonnc.gov. Any written responses issued by the City to questions and requests for information will be provided to all potential Service Providers. Any and all such interpretations and supplemental instructions will be made in the form of written addenda which will be sent to all firms who responded with interest to this RFP package. The City reserves the right to disqualify any firm who contact a City/Town, Transit, or Metropolitan Planning Organization (MPO) official, employee, or agent concerning this RFP other than in accordance with this section. Nothing in this section shall prohibit the City from conducting discussions with Service Providers after the proposal opening.

SSPECIAL INTEREST GROUP DEFINITIONS:

Women Owned (51% and controlled by Women)

Persons with Disabilities Owned (51% owned & controlled by a Physically Disability

Person)

Minority Owned (At least 51% of which is owned and controlled by minority group member (Black, Asian, Hispanic, and American Indian).

FEDERAL REQUIREMENTS AND SPECIAL CONDITIONS

This procurement is subject to the terms and conditions of FTA due to the Contract being funded by FTA. As a result, Proposers are required to sign the associated Federal certifications and clauses in Exhibits C and D and include as part of the proposal submission and to be aware of all procurement requirements as defined in the FTA Master Agreement or the Circular 4220 1.F as amended. Details available here:

https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-agreements and https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Third%20Party%20Contracting%20Guidance%20

%28Circular%204220.1F%29.pdf

1. SYSTEM FOR AWARD MANAGEMENT (SAM): All Offerors shall be registered with System for Awards

Management (SAM) by the time a Contract is awarded. The Offeror must have not been debarred or suspended from participating in Federally funded procurements. A copy of the Offeror’s SAM registration must be provided prior to issuance of a Contract. Offeror’s can register with SAM at www.sam.gov.

2. DBE REQUIREMENTS: This solicitation and resultant Contract is financed in whole or in part with federal funds and therefore subject to Title 49, Code of Federal Regulations, Part 26 (49 CFR 26) entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance

Programs.” In compliance with 49 CFR 26, the City of Burlington has set an overall annual DBE goal comprising both race neutral and race conscious elements. To ensure equal participation for DBE groups specified in 49 CFR 26.5, the City of Burlington has specified a Contract goal for DBE participation. The required goal for DBE participation in this solicitation is 0.11%.

To ensure applicable participation of the specified DBEs as defined in 49 CFR 26.5, this solicitation’s goal applies to all certified DBEs. Only certified DBE participation will count toward the Contract goal for this solicitation. DBE participation will count towards the City of Burlington’s federally mandated overall annual

DBE goal. In order to ascertain whether its overall annual DBE goal is being achieved, the City of Burlington tracks DBE participation on all federal-aid Contracts.

It is the Proposer’s responsibility to verify that the DBE Proposer is certified as a DBE by the specified bid submittal due date and time. For a list of DBEs certified by the NCDOT United Certification Program (UCP), go to: www.ncdot.gov.

The Proposer shall complete and submit Attachment E for detailed information and the required forms.

Required forms will be made a part of the Contract. The requirement to advertise for the purpose of identifying potential DBEs is waived.

In an effort to meet the City of Burlington’s Link Transit DBE Program objectives and the City of Burlington’s

Link Transit Federal DBE goal, this optional item provides opportunities for certified DBE Proposers to contract with or perform as a subcontractor and to provide goods and services to the City of Burlington.

DBEs must be currently certified under the North Carolina Department of Transportation’s DBE Program in order to satisfy the City of Burlington’s program objectives and federal DBE goal. Certified DBEs, including minority-owned and women-owned businesses, are encouraged to respond to this solicitation directly or to partner with other Proposers.

To obtain a listing of certified DBE Proposers or information about the North Carolina Department of

Transportation’s DBE Certification Program visit:

https://connect.ncdot.gov/business/SmallBusiness/Pages/UCP%20Certification%20Process%20for%20DBE

%20firms.aspx

Proposers submitting proposals are advised that the participation of certified DBE Proposers as Contractors, joint venture partners or subcontractors is encouraged for consideration with regard to the work described in this solicitation. Proposers electing to form a joint venture or to subcontract work in response to this solicitation shall make affirmative efforts to involve certified DBEs and shall provide documentation of the results of those efforts. Proposers electing to form a joint venture or to subcontract work in response to this solicitation, but which are unable to utilize certified DBEs, shall document their good-faith efforts to involve certified DBEs as joint venture partners or subcontractors, and the reasons why such involvement was not attainable.

GENERAL TERMS AND CONDITIONS

1. Definitions As used in this RFP, the following terms shall have the meanings set forth below:

Contract: Refers to the Contract executed between the Service Provider and the City.

Billable Time: Billable time is the time the vehicle is in service carrying passengers (revenue time).

Time between separate pieces of revenue work and the time it takes to go to and come from the point or points where vehicles are garaged or parked to the point or points where the vehicle goes into and out of service (deadhead time) are not billable. In most instances, this means that billable hours will be the “first stop to the last stop” on City-approved pieces of work. In the case of paratransit, breaks, lunches and idle time over 30 minutes shall be subtracted from billable time.

City: Refers to the City of Burlington, North Carolina, a municipal corporation established in accordance with the laws of the State of North Carolina.

Contract Administrator: Refers to City personnel or assigned designee, which will administer and manage the Contract for the City, whom shall be the Transit Manager or designee.

Effective Date: The date on which the City executes the Contract arising from this procurement effort.

Emergency Plan: Detailed plan of action that the Service Provider has submitted to the City for approval including how traffic accidents involving buses, traffic delays, and extreme weather will be addressed by the Service Provider.

Evaluation Committee: Refers to the team composed of City personnel and/or a consultant that will evaluate the proposals and make a recommendation to the Link Transit Public Transit Advisory

Commission (PTAC) and the Burlington City Council.

Passengers: Refers to patrons of the services offered.

Transit Manager: Refers to the Transit Manager designated by the City to be the point of contact for the final Contract, who will represent the City’s best interest. This person will facilitate the flow of information, as needed between the Service Provider and various City departments.

Proposal: Refers to a properly signed and guaranteed written offer of the Service provider to perform the services and to furnish the labor, materials and equipment at the unit cost quoted on Required Form Six, located in the Required Forms Section.

Road Calls: Refers to calls for help to the Service Provider dispatcher for a broken-down bus or any other problem that would prevent the timely execution of the Services.

Revenue Vehicle Hour: Refers to Billable Time the time the vehicle is in service carrying pieces of revenue work and the time it takes to go to and come from the point or points where vehicles are garaged or parked to the point or points where the vehicle goes into and out of service (deadhead miles) are not billable. In most instances, this means that billable hours will be the “first stop to the last stop” on City approved pieces of work.

Service Provider: Refers to the Offeror that has been selected by the City to provide the Services as described in this RFP or that has submitted a Proposal in response to this RFP for review by the City.

Services: Refers to services or any work that is required to be performed by the Service Provider according to the terms and conditions as set forth in this RFP.

Service Start Date: Refers to the date on which Services to be provided under the Contract begin.

This date is expected to be July 1, 2025. The City will not be responsible or liable for any costs to the Service Provider if service does not begin by the projected time.

2. Each Offeror must submit a proposal on the blank form(s) provided. All proposals must be signed by a duly authorized individual. Proposals submitted on other forms will not be accepted. Proposals will be read on the date and hour as stated on the cover of the RFP. Offerors or their authorized agents are invited to be present. Any proposal received after the date and hour specified, will not be accepted, or considered.

3. TAXES: The City is exempt from federal excise tax, including the federal transportation tax. The City pays all sales tax, but this amount must be listed as a separate item.

4. The City reserves the right to reject any or all proposals, waive technicalities, and to be the sole judge of suitability of the product for the use by the City for intended purposes. Factors to be considered in awarding the proposal will be price, quality, history of satisfactory performance, time required to make delivery and the availability of item offered. The Contract will be awarded after evaluation of all proposals has been made. In the interest of suitability to the City’s needs and/or economy; equipment or furnishings other than the cheapest in price may be selected. The City shall have a period of 90 days after the opening of proposals to make the award and may award in total or by line item, whichever is in the best interest of the City.

5. The specifications enclosed are intended to obtain competitive proposals.

6. Any corrections or errors found in the specifications must be submitted in writing and emailed to the attention of the Transit Manager prior to the opening of proposals. Any deviations from the specifications must be in writing and submitted as part of the proposal. Any addenda to these proposal documents shall be issued in writing; no oral statements, explanations, or commitments by whosoever made shall be of any effect unless incorporated in the addenda.

7. No proposal deposit is required with this proposal. The City has waived this requirement as allowed by G.S.

8. No Federal Excise Tax is to be included as the City is exempt under federal laws and will furnish proper exemption certificate or number upon request. In computing freight, federal transportation tax is not to be included as the City is exempt. North Carolina state and local taxes are applicable but must be shown separate from the item(s) being quoted.

9. Pursuant to the provisions of G.S. 143-54 under penalty of perjury, the signer of the proposal certifies this proposal has not been arrived at collusively or otherwise in violation of Federal or North Carolina

Antitrust laws. The owner or an officer of the firm must sign all proposals.

10. By signing this proposal form the Service Provider affirms that they are registered with and participates in the Federal work authorization program, E-Verify as it relates to their Service Provider and mandated by law in North Carolina by G.S. 160-20.1.

11. PROPOSAL/SUBMITTAL FORMAT: Proposals should be submitted in the format specified in the RFP.

The material should be in sequence and related to the RFP. The sections of the submittal should be tabbed, clearly identifiable and should include a minimum of the following sections: the completed Offer and Acceptance Form, all signed Amendments, a copy of this RFP document and the Offeror’s response to the Evaluation Criteria including the completed cost proposal. Failure to include the requested information may have a negative impact on the evaluation of the offeror's proposal.

12. WITHDRAWL FOR MODIFICATION OF PROPOSALS: Offeror’s may change or withdraw their proposals at any time prior to the proposal closing; however, no oral modifications will be allowed. Only letters, electronic mail or other formal written requests for modifications or corrections of a previously submitted proposal, which is addressed in the same manner as the proposal and received by the City prior to the scheduled closing time for receipt of proposals, will be accepted. The proposal, when opened, will then be corrected in accordance with such written request(s), provided that the written request is contained in a sealed envelope, which is plainly marked “Modifications to Proposal”.

13. ADDITIONAL EVIDENCE OF ABILITY: An Offeror shall be prepared to present additional evidence of its experience, qualifications, ability, products, service facilities, and financial standing if requested by the

City.

14. PUBLIC RECORD: All proposals submitted in response to this RFP shall become the property of the City and shall become a matter of public record when opened.

15. DISCUSSIONS: The City reserves the right to conduct discussions with offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify an offer and assure full understanding of, and responsiveness to, solicitation requirements.

16. VENDOR APPLICATION: Prior to the award of a Contract, the successful Offeror shall register with the

City’s Purchasing Division if not previously registered. Registration can be completed at:

http://www.burlingtonnc.gov/2017/Vendor-Registration

17. CONTRACT AMENDMENTS: This Contract shall be modified only by a written Contract amendment signed by the City's Purchasing Manager and persons duly authorized to enter into contracts on behalf of the Service Provider.

18. EXCEPTIONS TO RFP: Other than exceptions that are proposed in compliance with this section, each proposal shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFP. An “exception” is defined as the Service Provider’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFP. All exceptions taken must be identified and explained in writing in your Proposal and must specifically reference the relevant section(s) of this RFP. If the Service Provider provides an alternate solution when taking an exception to a requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Service Provider’s solution, must be described in detail.

19. CONTRACT: The Contract shall be based upon the RFP issued by the City and the Offer submitted by the Service Provider in response to the RFP. The offer shall substantially conform to the terms, conditions, specifications, and other requirements set forth within the text of the RFP. The City reserves the right to clarify any contractual terms with the concurrence of the Service Provider;

however, any substantial non-conformity in the offer, as determined by the City's Purchasing Manager, shall be deemed non-responsive and the offer rejected. The Contract shall contain the entire agreement between the City and the Service Provider relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form.

20. POST-AWARD CONFERENCE: A post-award conference will be scheduled with the successful Service Provider as soon as practical after the award of the Contract. A Service Provider representative shall attend the conference along with any anticipated major subcontractors. A full detailed proposed Start-

Up Plan and implementation schedule shall be submitted to the Transit Manager within ten (10) business days of the post award conference.

21. PAYMENT: Progress payments, when requested, will be made after the City receives a detailed invoice and confirmation that the work has been performed to the specifications required for the requested payment.

22. FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition. If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by Contract modification for a period of time equal to the time that results, or effects of such delay prevent the delayed party from performing in accordance with this

Contract.

23. INDEMNIFICATION: To the fullest extent permitted by law, Service Provider, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless the City , its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Service Provider relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Service Provider’s and Subcontractor’s employees.

24. FAIR TRADE CERTIFICATIONS: By submission of a proposal, the Service Provider certifies that in connection with this procurement: (a) the costs were arrived independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such costs with anyone; (b) unless otherwise required by law, the costs which have been quoted in its proposal have not been knowingly disclosed by the Service Provider and will not knowingly be disclosed by the Service Provider prior to opening; and (c) no attempt has been made or will be made by the

Service Provider to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

25. INDEPENDENT CONTRACTOR: It is understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose.

The Service Provider shall not be entitled to compensation in the form of salaries, paid vacation, or sick days by the City. The City will not provide any insurance coverage to the Service Provider, including

Worker's Compensation coverage. The Service Provider is advised that taxes, social security payments, and other withholdings shall not be withheld from a City payment issued under this Contract and that Service Provider should plan to directly pay such expenses.

26. SUBCONTRACTING: The successful Offeror shall be the prime Service Provider and shall be solely responsible for all contractual performance. The Prime Service Provider shall provide the administration and operations but may elect to subcontract maintenance activities. In the event of a subcontracting relationship, the successful Service Provider will assume all responsibility for the performance of Services that are supplied by the subcontractor. Additionally, the City must approve of the subcontractor and be named as a third-party beneficiary in all subcontracts.

27. INSPECTION AND ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this Contract shall be held at the

Service Provider's risk and may be returned to the Service Provider. If returned, all costs are the responsibility of the Service Provider. Noncompliance may be deemed a cause for possible Contract termination.

28. LICENSES: Service Provider shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Service Provider as applicable to this Contract.

29. PROTECTION OF GOVERNMENT PROPERTY: The Service Provider shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on City property. If the Service Provider fails to do so and damages such property, the Service Provider shall replace or repair the damage at no expense to the City, as determined and approved by the City’s

Purchasing Manager. If the Service Provider fails or refuses to make such repair or replacement, the City will determine a cost and the Service Provider shall be liable for the cost thereof, which may be deducted from the Contract price.

30. PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be amended to make such insertion or correction.

31. RIGHTS AND REMEDIES: No provision in this document or in the Service Provider's proposal shall be construed, expressly or by implication, as a waiver by either party of any existing or future right and/or remedy available by law in the event of any claim, default, or breach of Contract. The failure of either party to insist upon the strict performance of any term or condition of the Contract, to exercise or delay the exercise of any right or remedy provided in the Contract or by law, or to accept materials or services required by this Contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the Contract.

32. SUBCONTRACTS: No subcontract shall be entered into by the Service Provider with any other party to furnish any of the material/service specified herein without the advance written approval of the City's

Purchasing Manager. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the

Service Provider referred to herein. The Service Provider is responsible for Contract performance whether or not subcontractors are used.

33. SAFETY: Service Provider shall at all times enforce by adequate supervision and training of supervisory personnel a safe working environment for all employees including the supervision of all services which relate to the general safety and welfare of any persons exposed to the services performed under this Contract by Service Provider. Service Provider agrees to fully cooperate with the City in any employee and public safety program sponsored by the City. Service Provider agrees to conduct all of its operations with due diligence and care for the safety of all persons at all times. All times furnished by the successful Offeror shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

34. SITE INVESTIGATION: The Offeror acknowledges that he has investigated and satisfied himself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work. The Service Provider further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site. Any failure by the Service Provider to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work. The City assumes no responsibility for any conclusions or interpretations made by the Service Provider on the basis of the information made available by the City.

35. CONFLICT OF INTEREST: Offeror shall be prohibited from proposing on this RFP if an Offeror has attempted or made contact with any elected or non- elected City Official in an attempt to influence the award of this RFP or alter it in any manner. Future conflicts shall be grounds for Contract default.

36. LIQUIDATED DAMAGES: From the nature of the services to be rendered, the Service Provider and City agree that it is extremely difficult to fix actual damages, which may result from failure on the part of the Service

Provider to perform certain obligations and to determine the resulting loss to the City. Therefore at the election of the City, for acts, or failure to act, as described in this section, the Service Providers liability should be limited to, and fixed at, the sums stated, as liquidated damages and not a penalty, which sums the parties acknowledge to be reasonable estimates of the damages the City would suffer; provided however, that with respect to breaches other than the types described in this section, the City may pursue any other remedy available by law or equity, this or including, without limitations, the termination of Contract.

38. INSURANCE: Certificates for Workers Compensation, General Liability and Vehicle/Equipment Insurance will be required and submitted as part of the award. The Service Provider, at its own expense, shall keep in force and at all times maintain during the Contract:

Insurance Type Each Occurrence Aggregate

General Liability

Bodily Injury & Property Damage $1,000,000 $3,000,000

Combined Single Limit

Automobile Liability

Bodily Injury & Property Damage $1,000,000

Owners Protective Liability or Project Specific Aggregate Bodily Injury & Property Damage $1,000,000 $3,000,000

Excess Liability $5,000,000 $10,000,000

The City must be named as an additional named insured on the Service Provider’s insurance policy. The following statement must be on the certificate of insurance: a blanket waiver of subrogation shall apply in favor of the City and all additional insured as required by Contract. The certificate holder shall be listed as:

City of Burlington Attn: Peggy Reece

425 S. Lexington Ave PO Box 1358

Burlington, NC 27216

Fidelity Bond

Providing blanket employee dishonesty, including faithful performance covering the Service Provider, its agents and all employees, officers, directors, and any independent Service Providers in an amount of not less than $100,000.

Workers’ Compensation Coverage Full and complete Worker’s Compensation Coverage, as required by the State of North Carolina, shall be required.

Certificates of such insurance will be furnished to the City and shall contain the provision that the City be given 30 days written notice of any intent to amend or terminate by either the insured or the insuring…