RFCSP-04-2024_-_Transit_Vehicles_FINAL_7.3.23_rsh.pdf

City of Murfreesboro

Request for Competitive Sealed Proposals (RFCSP) for

Transit Vehicles

RFCSP-04-2024

ISSUE DATE: JULY 11, 2023

RESPONSE DUE DATE: AUGUST 3, 2023, 2:00 PM

1. INTRODUCTION

The City of Murfreesboro, Tennessee (City), is issuing a Request for Competitive Sealed Proposals (RFCSP) to qualified vendors to supply transit vehicles for the City’s Transportation Department.

The City of Murfreesboro Transportation Department is responsible for the administration and operation of public transportation service (Murfreesboro Transit- “Rover”) within the City of Murfreesboro. It also works with and/or assists other regional providers with mobility issues. Rover began service to the public in April of 2007, providing comfortable and convenient bus transportation for the citizens of Murfreesboro along eight routes throughout the City.

Competitive Sealed Proposal Process and Schedule

The Competitive Sealed Proposal method is appropriate when qualifications and experience are of particular importance and price is one of several factors used to determine the best service provider. This method requires each participant to submit a proposal based on certain specified elements with knowledge of the factors used to evaluate the proposal and their relative weight. Those interested in participating in the selection process are afforded the opportunity to pose questions in writing about the RFCSP and services sought before submitting a proposal. After the sealed proposals have been submitted and reviewed, the City may obtain additional information or clarifications including additional “best and final offers” from participants, prior to making its final selection, provided that information from one proposer is not disclosed to another. The City will select a responsible and responsive proposer whose proposal is determined to be most advantageous to the City taking into consideration the evaluation factors.

1.1. SCHEDULE

The City intends to adhere to the schedule below for the selection process. Dates may be adjusted by the City as needed.

No proposals will be accepted after Thursday, August 3, 2023, 2:00pm local time.

Activity Target

Date RFCSP Issued July 11, 2023 Submittal of questions July 27, 2023 Proposals submitted August 3, 2023 Finalists notified TBD Finalist Presentations TBD Negotiation of contract TBD City Council action TBD

1.2. FINALIST SELECTION

The City intends to select two or more Proposers from the RFCSP responses to further evaluate as finalists.

Finalists then will be allowed to submit revisions to their proposal to make a last and best final offer.

Additional discovery may be performed to assist in selecting the finalist.

The finalist will be selected based on all of the evaluation criteria set forth in Section 8.

2. CONTACT INFORMATION

2.1. VENDOR REGISTRATION

The City is accepting only electronic bid submissions. All bidders must register with OpenGov to ensure that all relevant written communications are available to them in the preparation of their proposal.

Registration is free and can be accomplished through the website:

https://procurement.opengov.com/portal/murfreesborotn If any such disadvantaged business enterprise deems electronic bidding to be a hardship, please notify the City Purchasing Office at purchasing@murfreesborotn.gov.

Any inquiries or requests for explanation regarding the City requirements must be received no later than July 27, 2023. No oral interpretation or clarifications will be given as to the meaning or any part of the Request for Competitive Sealed Proposal documents. Prospective proposers desiring further information or interpretations must make requests in writing through the OpenGov Question/Answer Tab via the City's e-Procurement portal, on or before July 27, 2023, by 2:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal. Answers to all inquiries or requests involving substantive matters will be provided in addendum form. Any addenda shall be posted on the City's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this RFCSP. Failure of any proposer to receive any such addenda or interpretation shall not relieve such proposer from any obligation under their proposal as submitted. All addenda so issued shall become part of the contract documents.

2.2. NON-LOBBYING CLAUSE

Any supplier or lobbyist for a vendor is prohibited from having any communications concerning this solicitation for a competitive procurement with any City Staff Member, the Mayor, City Council Member, City Manager, Legal Department or any City employee except for the designated contact person, Cathy Smith, Purchasing Director. Any supplier or lobbyist who violates this provision shall cause their Proposal to be considered not responsive and therefore ineligible for award.

3. TRANSIT VEHICLE MANUFACTURER COMPLIANCE WITH DBE REQUIREMENTS

Before a transit vehicle manufacturer (TVM) may submit a proposal to provide vehicles to be financed with FTA assistance, 49 C.F.R. § 26.49 requires the TVM to submit a certification that it has complied with FTA’s DBE requirements. Only those TVMs listed on FTA's certified list of Transit Vehicle Manufacturers, or that have submitted a goal methodology to FTA that has been approved or has not been disapproved at the time of solicitation, are eligible to bid.

In connection with this project, the City has not established a specific goal for Disadvantaged Business Enterprise (DBE) participation. Proposer shall make a good faith effort to cooperate with the City and its Transportation Department in meeting its commitments and overall goal of 4% for goods and services for Federal Fiscal Years 2022, 2023, and 2024, October 1, 2021 through September 30, 2024.

4. BACKGROUND

The purpose of this Request for Competitive Sealed Proposals is to receive proposals for a minimum of three (3) transit vehicles, that meet or exceed the specifications outlined in Section 5, for Murfreesboro https://procurement.opengov.com/portal/murfreesborotn

Transit. Vehicles should be new (2022 model or newer) and able to be retrofitted with electronic vehicle location, communications, and fare collection equipment. Vehicles are to have been manufactured to comply with Federal Transit Administration Buy America standards and seller is to provide proof of same.

Please see general vehicle specifications below.

Vehicles should provide for a minimum 16-passengers plus two (2) wheelchair positions. Vehicles can be low-floor with ADA-compliant ramps or raised with ADA-compliant wheelchair lift equipment. A 5- Year/200,000-mile chassis warranty is preferred.

5. EQUIPMENT SPECIFICATIONS

5.1. STANDARD CHASSIS EQUIPMENT

5.1.1. Ford E-450 chassis (or equivalent)

5.1.2. Gas engine

5.1.3. Automatic transmission

5.1.4. Heavy duty enhanced suspension required; please provide pricing for at least two suspension options.

5.1.5. Power steering & brakes

5.1.6. Cruise control and tilt steering wheel

5.1.7. Driver air bag

5.1.8. Front bumper

5.1.9. Dash AC; AC should be minimum of 85K BTU with control fast-idle.

5.1.10. Engine compartment lights

5.1.11. Engine block heater; Heater should be a minimum of 65K BTU.

5.2. BODY AND INTERIOR EQUIPMENT AND FEATURES

5.2.1. Fully powered driver seat

5.2.2. Led interior and exterior lights

5.2.3. Amber stop request lamp; Bus should be equipped with Stop Request pull chord which provides an audible sound for the driver as well as a small amber light visible to the driver for notification of the stop request.

5.2.4. Tow hooks; Tow hooks should be on the front and rear of the chassis.

5.2.5. Stainless wheel inserts

5.2.6. Exterior key switch

5.2.7. 7” tail lights; 7” taillights should be amber taillights that flash with brake operation and lift operation.

5.2.8. Heated mirrors; Mirrors should be heated and manually adjustable.

5.2.9. RADIO/AM/FM/CD/PA

5.2.10. Brochure rack; Brochure Rack should be mounted on the passenger side of the driver shield and be made of acrylic or plastic with two slots capable of holding standard size magazines.

5.2.11. Security camera system (minimum 5 cameras)

5.2.12. Front and passenger side destination signs; Destination signs should be front and boarding side LED programmable.

5.2.13. Bike rack

5.2.14. Spare tire and rim; spare tire and rim should be shipped loose.

5.2.15. Passenger seating; Passenger seating should be midback with ABS seatbacks and grab handles on all seats, grey D90 vinyl.

5.2.16. Tinted glass

5.2.17. Flooring- Underflooring should be minimum of 5/8” marine grade plywood. Please detail plywood treatment options with proposal.

5.2.18. Fare box- busses should be pre-wired for GenFare Fare Box

5.2.19. MDT Equipment- Busses should be prewired for trapeze AVL MDT equipment 5.2.20.

5.3. PARATRANSIT FEATURES

5.3.1. ADA-compliant ramp or wheelchair lift; Wheelchair lift should be 1000lb lift with a minimum 34” x 54” platform.

5.3.2. Wheelchair tie downs; The wheelchair restraint system should be Q’Straint Slide’n Click.

Wheelchair doors should be double leaf.

5.4. SAFETY FEATURES

5.4.1. Back-up alarm

5.4.2. First aid kit

5.4.3. Fire extinguisher

5.4.4. Safety triangles

5.5. EXTERIOR FEATURES

5.5.1. For vehicles that are already assembled, please include your ability to re-paint the vehicle in a single color of choice and the ability to wrap bus with City-provided design.

Entire bus should be painted gray. Reference: PPG Commercial paint color number 36120. Proposer can elect to wrap the bus themselves or contract with the City Vendor (Express Signs) who created the Murfreesboro Transit bus wrap graphic. In either case, Proposal should include the cost for the paint and bus wrap. Graphic has been provided as attached.

6. CITY TERMS AND CONDITIONS

It is important for each Proposer to become familiar with each paragraph within this section, as these paragraphs will prevail in the event of any discrepancies or differences between project related or contract documents. The Proposer must clearly and specifically detail all exceptions to the Terms and Conditions imposed in this section in the transmittal letter that will accompany its RFCSP response.

6.1. STANDARDS

Proposer must affirm that under its employment policies, standards and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to the individual’s race, creed, color, national origin, age or sex and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Proposer will be required to certify and warrant that it will comply with this policy.

Proposer understands that it shall be a breach of City’s ethical standards policies for any person to offer, give, or agree to give to any City employee or former employee, or for any City employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, evaluation, recommendation, preparation of any part of a requirement or request, influencing the content this RFCSP, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to this RFCSP or any contract or subcontract resulting therefrom.

A breach of these ethical standards may result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor for any City contract.

6.2. WARRANTIES

Proposer warrants it will provide the goods or services in a professional manner according to the standards established in the industry and as outlined herein. Product warranty must be included in proposals.

6.3. INDEMNIFICATION

6.3.1. Proposer must indemnify, defend, and hold harmless the City, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of any agreement entered, and, expenses arising from any failure of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

6.3.2. Pursuant to Tennessee attorney general opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion proposer from any claims arising from any failure, regardless of any language in any attachment or other document that proposer may provide.

6.4. TERMS FOR PAYMENT

Payment for services delivered will be thirty (30) days from the date of the invoice.

6.5. ASSIGNMENT

The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of any contract award or any or all of its rights, title or interest therein, without prior written consent of the City. Such consent by the City shall not relieve the assignor of liability in the event of default by the assignee.

6.6. INSURANCE

The successful Proposer shall maintain at least the following commercial insurance policies for the duration of the Contract in the amounts specified:

6.6.1. Workers’ compensation and employer’s liability insurance – Workers’ compensation in compliance with the applicable state and federal laws; employer’s liability with a limit of $1,000,000 per occurrence.

6.6.2. Comprehensive general liability insurance – insurance including blanket contractual, broad form property damage, completed operations, and independent contractor’s liability, all applicable to personal injury, bodily injury, and property damage to a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

The selected Proposer must provide City with the required insurance certificates and endorsements naming the City as an additional insured on the liability coverages prior to contract execution.

6.7. SCOPE OF INSURANCE AND SPECIAL HAZARDS

The insurance required under the preceding paragraphs shall provide adequate protection for the successful Proposer and any sub-contractors against damage claims that may arise from operations under this contract, whether such operations are by the insured or by anyone directly or indirectly employed by the successful Proposer.

6.8. GOVERNING LAW AND VENUE

The contract will be governed by the laws of the State of Tennessee. Venue for any action shall be in the applicable court for Rutherford County, Tennessee.

6.9. COMPLIANCE WITH LAWS

The Proposer’s contract shall comply with applicable Federal, State, and local statutes, rules, and regulations. Proposers shall be approved by the appropriate regulatory authorities, if any, in the State of Tennessee to provide the services herein described.

6.10. COMPLIANCE WITH FEDERAL AND STATE THIRD PARTY CONTRACTING REGULATIONS

The City’s purchasing procedures are governed by the State of Tennessee, the City of Murfreesboro, and various Federal laws, executive orders, and regulations, by Office of Management and Budge Circular A- 102, Executive Order 12612, Federalism and Federal Transit Administration Circular 4220.1F “Third Party Contracting Requirements”. These require, among other things, that purchases (including purchases for fixed assets, materials and supplies, construction, and/or services) utilizing federal grant funds be made according to approved plans and specifications, including the Federal and State clauses set forth in Exhibit A, attached hereto.

6.11. COMPLIANCE WITH IRAN DIVESTMENT ACT

By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each proposer is not a person included within the list created pursuant to Tennessee Code Annotated §12-12-106.

6.12. NON-BOYCOTT OF ISRAEL

By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each supplier is not boycotting Israel as set forth in Tenn. Code Ann. §12-4-119, and will not boycott Israel during the term of contract. This applies to contracts of $250,000 or more and to contractors with ten (10) or more employees.

7. GUIDELINES FOR THIS REQUEST FOR COMPETITIVE SEALED PROPOSALS PROCESS

7.1. BASIS FOR PROPOSALS

Only information supplied by the City in writing should be used in the preparation of a proposal. Oral and other interpretations or clarifications shall not be binding. Proposers must acknowledge any subsequently issued addenda by signing and including such documents in the proposal.

7.2. PROPOSER TERMS AND CONDITIONS

The Proposer must submit a complete set of any additional terms and conditions that it proposes to have included in contract negotiations with the City with its proposal. City will not accept any contract term limiting Proposer’s liability to the amount of the contract. Additionally, the Proposer must submit any and all documents/agreements City must sign with its proposal.

7.3. DISCLOSURE OF PROPOSALS

As a matter of state law, each Proposer’s RFCSP response in its entirety will become a public record upon the release of the City staff’s recommendation to City Council. The content of any proposal will not be disclosed to other Proposers during the selection process.

7.4. LATE PROPOSALS

Proposals must be received via the procurement portal on or before the published proposal due date and time. Any proposal received after the time and date set for receipt of proposals will be late and, at the discretion of City, may not be considered.

7.5. SIGNING OF PROPOSALS

The submission and signature of a proposal shall indicate the intention of the Proposer to adhere to the provisions described in this RFCSP and therefore must be signed by a representative with the authority to do so.

7.6. COST OF PROPOSAL

This RFCSP does not commit the City to pay any costs incurred by any Proposer in preparation and/or submission of a proposal or for procuring or contracting for the services to be furnished under the RFCSP.

All costs directly or indirectly related to responding to this RFCSP (including all costs incurred in supplementary documentation or on-site interviews) until contract execution will be borne by the Proposer.

7.7. CONFLICT OF INTEREST, NON-COLLUSION AND ANTI-LOBBYING

The Proposer promises that its officers, employees or agents will not attempt to lobby or influence a vote or recommendation related to the firm’s proposal, directly or indirectly, through any contact with City Council members or City employees between the release of this RFCSP and award of contract by City and that there will be no collusion and no conflict of interest.

7.8. OWNERSHIP OF PROPOSAL

All documents submitted in response to this RFCSP shall become the property of City.

7.9. DISQUALIFICATION OR REJECTION OF PROPOSALS

Proposers may be disqualified for any of the following reasons:

7.9.1. There is reason to believe that collusion exists between or among two or more proposers;

7.9.2. The proposer is in arrears on an existing City contract or has defaulted on a previous City contract;

7.9.3. The proposer lacks financial stability;

7.9.4. The proposer has failed to perform under a previous or current City contract;

7.9.5. The proposer has failed to adhere to one or more of the provisions established in this

RFCSP;

7.9.6. The proposer has failed to submit its proposal in the format specified herein;

7.9.7. The proposer has failed to submit its proposal on or before the deadline established herein; or

7.9.8. The proposer has failed to adhere to generally accepted ethical and professional principles during the proposal process.

7.10. RIGHT TO WAIVE IRREGULARITIES

Proposals shall be considered irregular if they show any omissions, alterations of form, additions, conditions not called for, or irregularities of any kind.

The City reserves the right to waive irregularities. The City also reserves the right to waive any mandatory requirement provided that all proposals failed to meet the same mandatory requirement, and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of City.

7.11. WITHDRAWAL OF PROPOSALS

Bids may be withdrawn through the City’s e-Procurement Portal. The responding firm may “unsubmit” their proposal in OpenGov. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time prior to the deadline for submitting proposals by written request if received by the City prior to the exact hour and date specified for receipt of proposals.

7.12. AMENDMENT OF PROPOSALS

A Proposer must submit any amended proposal before the deadline for receipt of proposals. Such amended proposal must be a complete replacement of a previously submitted response and must be clearly identified as such. City will not merge, collate, or assemble proposal materials.

7.13. PROPOSAL AS FIRM OFFER

Responses to this RFCSP, including cost, will be considered firm for one hundred twenty (120) days after the due date for receipt of response or receipt of the last best and final offer submitted. All proposals must include a statement to that effect.

7.14. EXCEPTIONS TO RFCSP

It is extremely important that the Proposer make very clear where exceptions are taken to the specifications and how the Proposer will provide alternatives. Therefore, exceptions, conditions, or qualifications to the provisions of City’s specifications must be clearly identified as such, together with reasons for taking exception, and inserted into the proposal response. If the Proposer does not make clear that an exception is being taken, City will assume the proposal response is responding to and will meet the specification as written.

However, the City does not anticipate approving any exceptions to the specifications stated herein.

Where the Proposer does not agree with City’s terms and conditions, the proposal must enumerate the specific clauses that the Proposer wishes to amend or delete and suggest alternative wording. Any minimum terms that City will have to agree to in order to enter into a contract with the Proposer and any item the Proposer considers to be a mandatory term must be submitted with the RFCSP response.

7.15. CONSIDERATION OF PROPOSALS

Discussions may be conducted with responsible Proposers for the purpose of clarification to assure full understanding of the proposal. In conducting discussions, there will be no disclosure of any information derived from proposals submitted by competing Proposers. Until the City awards the contract, it reserves the right to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered in the best interest of City.

7.16. TERMINATION

The City reserves the right to cancel this RFCSP at any time. City reserves the right to reject any or all proposals submitted in response to this RFCSP.

7.17. TAXES

Proposer will be responsible for the payment of any applicable tax on the services it will provide. The City of Murfreesboro is tax exempt. Proposers will include in its fee proposal all applicable local, City, state, and federal taxes.

7.18. AWARD OF CONTRACT

The City reserves the right to withhold final action on the RFCSP for a reasonable time, not to exceed one hundred and twenty (120) days after the date of submitting proposals, and in no event will an award be made until further investigations have been made as to the responsibility of the proposed Proposer. The award of the contract, if an award is made, will be to the most responsible and responsive Proposer whose proposal meets the requirements and criteria set forth in the Request for Competitive Sealed Proposals and whose contract terms are acceptable to City. City reserves the right to abandon, without obligation to the Proposer, any part of the project, or the entire project, at any time before the successful Proposer begins any work authorized by City.

The award of the contract shall not become effective until the contract has been executed by the successful Proposer and City.

7.19. APPEAL PROCESS

Each Proposer shall be notified of the Proposer selected for recommendation to the City Council before the proposed City Council action. A protest by an aggrieved Proposer who is not selected will be heard by the City Council if filed with the City Council, through the City Recorder, within seven (7) days after the intended award is announced. Any issue raised by the protesting party after the seven-day period shall not be considered as part of the protest. The City Council may stay an award due to a pending protest without financial or other obligation to the Proposer recommended to the Council. The City Council may, by resolution, adopt rules and procedures applicable to protests.

7.20. EXECUTION OF CONTRACT

The City shall authorize award of the contract to the successful Proposer. City will require the successful Proposer to sign the necessary documents entering into the required contract with City within ten (10) days of receipt and to provide the necessary evidence of insurance as required under the contract.

No contract for this project may be signed by City without the authorization of the City Council. No contract shall be binding on City until it has been approved as to form by the City Attorney and approved and executed by the Mayor or designee.

7.21. INTERVIEWS AND PRESENTATIONS

If deemed necessary to fully understand and compare the proposer's capabilities, the City may request presentations by proposers with possible subsequent interviews. Oral presentations may have time limitations. Presentations may include but not be limited to demonstrations of end-user reporting, ad-hoc or (other) report writing and uploading of files.

7.22. AUDITABLE RECORDS

The successful proposer must be prepared to maintain accounts and records in connection with its performance of services for City as reasonably required. The Proposer must afford City agents or auditors reasonable facilities and access for the examination and audit of its records pertaining to its performance. The records may be examined at any reasonable time during the term and for a period of three years following the completion of work under any contract. Upon request by the City, winning proposer shall be able to produce and exhibit all such records as requested. Records must be available within an office environment located not more than a 45 minutes’ drive from the City’s local office or the reasonable expenses incurred to access the records must be borne by successful proposer.

7.23. MISCELLANEOUS

The City reserves the right to cancel this RFCSP and contract under a separate process. The selected proposer will be required to contract with the City and all contract terms are subject to negotiations after the selection is made. The City may contract with any other proposer without renewing the RFCSP in the event the City and selected proposer are unable to mutually agree upon a contract for the desired services. Nothing herein may be taken as a commitment by the City upon which any proposer may act in reliance. All costs incurred in preparing a response are to be borne solely by each proposer.

8. EVALUATION CRITERIA

Proposals will be based on the comprehensive review of specifications listed in this RFCSP and shall be weighted based on the following:

Functional Area % of Assessment Delivery of vehicles within 9-12 months

30%

Ability to fulfill required equipment specifications

25%

Pricing 25% Warranty Work Management 20% Total 100%

9. RFCSP REQUIREMENTS AND FORMAT

9.1. RESPONSE STRUCTURE

Please use the following format to structure your RFCSP response. Your response should include each section detailed below in the order presented. The detail represents the items that are to be covered in each section of your response. Failure to follow the directions or to address all items will impact the evaluation. Failure to address a significant portion of the items may classify the response as non-responsive and preclude it from further consideration. The number of pages in the RFCSP response cannot exceed 25 pages. Appendices will not be counted as part of the 25-page limit. Resumes and marketing material may be included and will not be counted towards the 25-page limit; however, this information must be in its own section at the end of the RFCSP response.

COVER PAGE AND TABLE OF CONTENTS

Show the name of your firm, address telephone number(s), name of contact person and title and date.

Table of contents should clearly identify material by section and page number.

PROPOSAL

1. Proposer Profile: The Proposer will provide a description of its organization and any other firms who will be providing products or services through a subcontracting arrangement with the Proposer.

2. Qualifications: Proposer’s qualifications to provide the services requested that will also address the evaluative criteria.

3. Experience: Please describe your organization’s experience in providing similar services. Identify and briefly describe any pending criminal or civil suits brought against the Proposer, or suits which have resulted in an adverse judgment or settlement within the past five (5) years, arising out of Proposer’s inability to complete similar services and projects.

4. References: Please provide references for at least five (5) organizations for whom Proposer is or has provided similar services. Identify any public sector experience in Tennessee. References are

REQUIRED.

5. Key Personnel: Identify and provide a brief professional resume of the key personnel anticipated to be used to provide the services sought.

6. Warranty: All Product warranty must be included in proposals. Detailed Warranty information should be provided for all equipment, vehicles and craftmanship.

7. City’s responsibilities: Identify and briefly describe the role and responsibilities Proposer would expect City to perform in achieving delivery of the requested services.

8. Proposer’s responsibilities: Identify and describe the services the Proposer can provide to achieve the required goals.

All Proposals should be submitted via the City’s e-Procurement Portal, OpenGov.

All Proposals must be submitted by Thursday, August 3, 2023, at 2:00 p.m. local time. All proposals will be opened at that time by the Purchasing Department via Zoom. A Zoom link will be provided to those vendors registered as following this procurement.

FEDERAL AND STATE REQUIRED CLAUSES

FOR

ROLLING STOCK PURCHASES

The City of Murfreesboro’s (the “City,” “Owner,” or “Agency” as appropriate) purchasing procedures are governed by the State of Tennessee, the City of Murfreesboro, and various Federal laws, executive orders, and regulations, by Office of Management and Budge Circular A-102, Executive Order 12612, Federalism and Federal Transit Administration Circular 4220.1F “Third Party Contracting Requirements”. These require, among other things, that purchases (including purchases for fixed assets, materials and supplies, construction, and/or services) utilizing federal grant funds be made according to approved plans and specifications, including the Federal and State clauses set forth below:

FEDERAL CLAUSES

1. No Government Obligation to Third Parties

The Agency and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Agency, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

2. Pre-Award and Post-Delivery Audit Requirements

The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 C.F.R. part 663 and related FTA guidance.

3. Program Fraud and False or Fraudulent Statements and Related Acts

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.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.

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.

4. Access to Records and Reports

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

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

c) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required.

d) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.

5. 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 Purchaser 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.

6. Termination

Termination for Convenience (General Provision)

The Agency may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Agency’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination.

The Contractor shall promptly submit its termination claim to Agency to be paid the Contractor.

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

Termination for Cause (General Provision)

If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Agency may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Agency, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.

Opportunity to Cure (General Provision)

The Agency, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions

If Contractor fails to remedy to Agency's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Agency from also pursuing all available remedies against Contractor and its sureties for said breach or default.

Waiver of Remedies for any Breach

In the event that Agency elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by Agency shall not limit Agency’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.

7. Civil Rights Laws and Regulations

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

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

a. Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

b. Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.

2. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

3. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

4. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity

The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.

The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.

4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

5. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

8. Disadvantaged Business Enterprise (DBE)

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

(1) Withholding monthly progress payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).

The contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

49 C.F.R. § 26.53(f) (1).

It is the policy of the Agency and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.

9. Prompt Payment

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

The contractor must promptly notify the Agency, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Agency.

10. Incorporation of Federal Transit Administration (FTA) Terms

Incorporation of Federal Transit Administration (FTA) Terms - The provisions within include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in the current FTA Circular 4220 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.

11. Debarment and Suspension

a. Applicability: This requirement applies to all FTA grant and cooperative agreement programs for a contract in the amount of at least $25,000

(1) This…