Snow_Removal_(Repost).pdf

REQUEST FOR PROPOSAL

2026-07

SNOW REMOVAL (REPOST)

Lextran

200 West Loudon Avenue

Lexington, KY 40508

RELEASE DATE: July 16, 2026

DEADLINE FOR QUESTIONS: August 7, 2026

RESPONSE DEADLINE: September 16, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/lextran https://secure.procurenow.com/portal/%7bproject.government.code%7d

Lextran

REQUEST FOR PROPOSAL

Snow Removal (Repost)

I. INTRODUCTION

II. SCOPE OF SERVICES

III. COST

IV. GENERAL TERMS AND CONDITIONS

V. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

VI. EVALUATION PHASES

VII. PRICING PROPOSAL

VIII. STATE AND FEDERAL PROVISIONS

IX. VENDOR QUESTIONNAIRE

Attachments:

A - CERTIFICATION OF RESTRICTIONS ON LOBBYING

B - CERTIFICATION OF CONTRACTOR REGARDING DEBARMENT, SUSPENSION, AND

OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION

C - NON-COLLUSION AFFIDAVIT

D - CERTIFICATE OF PROCUREMENT INTEGRITY

E - SNOW REMOVAL SERVICE AREAS

Request For Proposal #2026-07 Title: Snow Removal (Repost)

1. INTRODUCTION

1.1. Summary

The Transit Authority of Lexington-Fayette Urban County Government, herein referred to as Lextran is issuing this Request for Proposals (RFP) to award a competitive contract to a firm for snow removal services.

Title: Snow Removal (Repost)

Reference Number: 2026-07

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

2:00 pm eastern time on Wednesday, September 16, 2026.

Proposals received after the time specified may not be considered for award.

Proposals shall be submitted online via Lextran's eProcurement Portal.

If you have any questions on this project, please submit your questions via the Q&A section on Lextran's eProcurement Portal. All questions, requests for clarification or comments concerning this RFP are due from proposers by end of day on Friday, August 7, 2026. Lextran’s response to questions will be provided as responses within the Q&A tab. For questions that require additional documentation or a change to the RFP document itself, Lextran will publish an addendum. Lextran intends to respond to questions as they come in, and responses will be provided no later than the question response date.

Lextran may reject any submissions that are incomplete or non-responsive or submitted after the deadline.

Lextran reserves the right to cancel or reissue this RFP, or to reject, in whole or in part, any and all submissions received in response to this RFP should Lextran determine that the responses received are unsatisfactory or that such cancellation or rejection is in the best interest of Lextran. Lextran further reserves the right to waive any minor technical deficiency or irregularity in a submission package. The determination of the selection criteria and the process for evaluating the proposal shall be in the sole and absolute discretion of Lextran. Lextran also reserves the right to require of each/any Proposer, information regarding financial responsibility and viability or such other information as Lextran determines is necessary to ascertain whether a proposal is in fact a responsible proposal.

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

1.2. Background

Lextran, the Transit Authority of Lexington-Fayette Urban County Government, was established as it is known today in 1973 by the Commonwealth of Kentucky as a Mass Transportation Authority. Our mission “We serve people and our community with mobility solutions” is accomplished by focusing on three key pillars: Deliver high-quality product and service, demonstrate value to the community, and manage and sustain resources.

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

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

1.3. Contact Information

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

No person or entity submitting a proposal in response to this RFP, nor any officer, employee, agent, representative, relative or consultant representing such a person (or entity) may contact through any means or engage in any discussion concerning the award of this contract with any member of the Lextran Board of

Directors or any employee of Lextran during the period beginning on the date of proposal issue and ending on the date of selection of the Contractor. Any such contact would be grounds for disqualification of the proposer. Contact with Lextran Procurement Department staff must be limited to site visits and technical questions.

Deanna Istre

Purchasing Manager

200 W Loudon Ave

Lexington, KY 40508

Email: distre@lextran.com

Phone: (859) 244-2023

Department:

Maintenance

1.4. Timeline

This solicitation timeline is subject to change. Any changes made to this solicitation will be published in the form of an Addendum.

Release Project Date July 16, 2026

Pre-Proposal Meeting (Non-Mandatory) July 27, 2026, 1:30pm

Agenda

Lextran – Zoom https://us02web.zoom.us/j/81227885016?pwd=m oUWTaOX9oONfT5wwlMSOaB5zbmoXp.1

Meeting Number: 812 2788 5016

Meeting Password: 041032

Join by Phone: 1(312)535-8110

Question Submission Deadline August 7, 2026, 11:55pm

Response to Questions August 19, 2026 mailto:distre@lextran.com tel:(859)244-2023 https://government-project.s3.amazonaws.com/281445/4cc8be01-7b4c-42dc-b6c5-fda8e3314201_Preproposal_Conference_Agenda_RFP_2026-07.pdf https://us02web.zoom.us/j/81227885016?pwd=moUWTaOX9oONfT5wwlMSOaB5zbmoXp.1 https://us02web.zoom.us/j/81227885016?pwd=moUWTaOX9oONfT5wwlMSOaB5zbmoXp.1

Proposal Submission Deadline September 16, 2026, 2:00pm

Contractor Award Date October 28, 2026

Expected Contract Start Date November 21, 2026

2. SCOPE OF SERVICES

2.1. OVERVIEW

Lextran is seeking to award a contract for snow removal services. Proposals should clearly delineate the pricing for each service and ensure all aspects of the scope of work for each are addressed. Maps of the locations have been provided in the Attachment section of this RFP.

Communications:

Proposers must outline the preferred methods for communicating with Lextran staff. This should include instructions on how to submit unscheduled work requests and inquire about contract issues or concerns. The successful contractor must also provide contact information for the account manager assigned to Lextran and include their hours of availability. Contractor shall provide Lextran with a secondary contact in the event that the account manager is unavailable.

2.2. SNOW REMOVAL SERVICES

Lextran is seeking a firm to provide snow removal services for its properties located at 200 W. Loudon

Avenue, Lexington, Kentucky 40508, and the Transit Center located at 150 E. Vine St., Lexington, Kentucky 40507 which also includes Beck Alley, and the High Street electric charger area.

It is imperative that an accumulation of snow does not prevent Lextran from providing transportation for the citizens of Fayette County. Potential proposers must state their response time to a snow event as a minimum time in which they will be on site to remove accumulation. Lextran buses are ready for pull-out each day between 4:30 and 5:00 AM, overnight snowfall must be cleared prior to that time.

For the Lextran headquarters located at 200 West Loudon, there are two main areas of concern: the employee parking lot and the vehicle yard. The employee parking lot and sidewalks must be cleared to allow Lextran employees access to get to work. There are permeable pavers in this area, so it cannot be cleared using a plow. This area must be cleared using a brush. The vehicle yard is where the buses are parked as well as the additional non-revenue vehicles needed to operate Lextran’s services. The yard must be plowed to allow all vehicles to be utilized. The vehicles run in a loop around the yard. This loop must be kept clear to allow for the flow of traffic throughout the yard. In addition, there is a hill next to the vehicle yard that may also need to be cleared.

For the Transit Center located at 150 East Vine Street, the street in front of the transit center will need to be cleared and as well as Beck Alley which runs next to the Transit Center. If the platform in front of the Transit Center needs to be cleared it must be brushed. In addition, Lextran utilizes High Street on the other side of the Transit Center (from Beck Alley to Martin Luther King Blvd), and this area must be cleared for buses as well. Photos of the required snow removal areas for both locations can be found in the attachments section of this RFP.

Snow deposit locations are marked on the property maps. These predetermined locations for depositing plowed snow allow for uninterrupted vehicle movement and operations.

Peladow Premier Snow and Ice Melter Calcium Chloride or an approved equal must be used for a chemical application aimed to melt or reduce the potential for ice formation. Pre-treatment may consist of a blend of Acetates and Chloride for the brine solution. Proposers may use an approved equal of these products, providing they can demonstrate any alternatives will be effective and will not in any way damage the concrete.

2.3. GUARANTEED RESPONSE TIME & SERVICE SCHEDULE

Proposers must state their response time for snow removal after accumulation as well as a "call for service". Proposers should also state their recommended procedures for pre-treatments prior to an expected snowfall.

Lextran's service is essential to the Lexington community and delays in snow removal are disruptive to

Lextran's operations, therefore services must be provided in a timely and efficient manner. Repeated failure to adhere to the contractual response time for snow removal may constitute a breach of contract and result in a cure notice or contract termination in the event that the contractor fails to cure. Lextran reserves the right to seek the services of another firm in the event that the contractor fails to treat

Lextran properties or is unresponsive to service requests.

3. COST

3.1. COST

Proposers will complete the pricing proposal in Section 7 of this RFP listing all relevant charges.

Proposers shall describe any additional services not listed or specified using the miscellaneous line items provided in the tables.

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

Lextran will not pay for any work performed as part of any contracts awarded as a result of this RFP until it has received and accepted each deliverable.

The proposal shall document the costs for each aspect of this procurement, broken down, at a minimum, by each of the deliverables listed in this RFP.

4. GENERAL TERMS AND CONDITIONS

4.1. GENERAL TERMS AND CONDITIONS

Any contract awarded as a result of this RFP is expected to start on 11/21/2026 immediately following the expiration of the current contract.

In case of breach of duties or default, Lextran may, with good cause, terminate the contract upon thirty (30) days written notice prior to termination.

Lextran may terminate the contract at anytime upon sixty (60) days written notice prior to termination.

Terms of payment will be thirty (30) days after receipt of invoice. Lextran will not pay for a service until it has been performed or a good until it has been received. Lextran is tax exempt and will provide Certificate of

Exemption to the awarded firm.

The term of any contract awarded as a result of this RFP shall be for 2 years plus 3 additional one-year options.

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

Lextran reserves the right to require of each/any Proposer, information regarding financial responsibility and viability or such other information as Lextran determines is necessary to ascertain whether a proposal is in fact a responsible proposal.

Proposers should note that the successful vendor must show no exclusions reported in SAM.GOV in order to be officially awarded any contract funded by federal dollars.

4.2. SAFETY REQUIREMENTS FOR LEXTRAN PREMISES

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

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

• A strictly enforced 5 mph speed limit.

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

• No smoking anywhere on site.

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

4.3. INVOICING

All invoices must be broken down in detail for each service billed, including the date of service, rate, and quantity breakdown. Failure to provide adequate billing information will require Lextran personnel to request that the invoice be submitted again with the necessary information. This process may result in delayed payment. Please see below for an example of the information required on each invoice.

Service dates: xx/xx/xxxx, xx/xx/xxxx, xx/xx/xxxx https://sam.gov/content/home

SERVICE LOCATION RATE QTY TOTAL FOR SERVICE

Snow Plowing Parking Lot Loudon $XX.00 /HR 5 HRS $XXX.00

Salt Application for Sidewalks Loudon $XX.00 /LB 10 LBS $XXX.00

Salt Application for Sidewalks Transit Center $XX.00 /LB 15 LBS $XXX.00

TOTAL COST $XXXX.00

5. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

5.1. SUBMISSION REQUIREMENTS

Incomplete proposals may render the proposal non-responsive.

There is a fifty (50) page limit for all proposal documents submitted, excluding the required forms and audited financial documents. Proposers should keep their submissions at or below this limit, or the proposal may be deemed non-responsive.

Lextran requests that proposals be concise, clearly addressing the evaluation criteria.

A copy of this RFP should NOT be included as part of the proposal. This RFP document will become part of the contract. Any edited versions of the RFP included in a proposal will not be accepted. This RFP/solicitation may only be modified by formal addendum issued by Lextran.

Proposals must be submitted via Lextran's eProcurement Portal.

Proposals must be received before 2:00 pm eastern time on Wednesday, September 16, 2026.

The proposer shall supply the following in their proposal:

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

• Scope of Services Requirements: Proposers must review in detail the requirements listed in the scope of services for the proposal to remain compliant.

o Communication Requirements - All proposals must outline the firm's preferred methods of contact for mobilization requests in the event of a weather incident.

o Snow Removal Services - The proposal must detail the firm's standard snow removal methods.

o Guaranteed Response Time & Service Schedule - Proposers must state their response time for snow removal after accumulation as well as a "call for service".

o Pretreatment Requirements - Proposals must demonstrate an understanding of Lextran's approved pretreatment products including salt and chemicals.

• Insurance: Proposers must also be adequately insured to perform this work and provide documentation of coverage, including certification of insurance evidence. The successful proposer must also be willing to provide Lextran with proof of coverage on an on-going basis.

• Capacity: Proposers must show they have the personnel and equipment capacity to hold a contract with Lextran. This section should include key personnel assigned to this project and include relevant resumes and/or experience. This section should NOT include sales materials, promotional offerings, or the like.

https://procurement.opengov.com/portal/lextran o Personnel Capacity - This section shall include details about the firm's personnel that will be assigned to Lextran's account.

o Equipment Capacity - The proposer shall list their relevant equipment, such as snowplows and brush attachments, that will be available to service Lextran.

• Firm Experience: Proposers must provide examples of current and/or recent work done for properties similar in nature to Lextran's. This section should include photos as well as descriptions of the work performed.

• References: Three (3) references including company name and address, contact person, phone numbers, and email addresses. References shall be able to speak to the quality of the services that have been provided. References shall be provided from the clients described in the "Firm

Experience" section of the proposal.

• The enclosed forms as listed below:

o Certification of Restrictions on Lobbying o Certification Regarding Debarment, Suspension and Other Ineligibility o Non-Collusion Affidavit o Certificate of Procurement Integrity o Affidavit of Compliance-DBE (If Applicable)

Redacted Proposals

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

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

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

5.2. CAPACITY

The proposer shall demonstrate they have sufficient capacity to handle the Lextran account. This includes personnel and equipment/facility capacity. Proposers must also be adequately insured to perform this work and provide documentation of coverage. The successful proposer must be willing to provide Lextran with proof of coverage on an on-going basis.

Personnel capacity can be demonstrated by documenting the firm has a sufficient number of employees to handle the Lextran account and that those employees have the proper training/experience and certifications to do the work.

5.3. EXPERIENCE AND REFERENCES

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

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

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

Proposers will provide a minimum of three (3) references that can speak directly to the quality of work done by the proposer. References must include company name, contact name, phone number (with extension where applicable), and email address. Reference should be notified in advance to inform them they will be contacted by Lextran personnel.

Lextran will email a standard reference form to all references, therefore it is imperative that email addresses are up-to-date and accurately entered to avoid unanswered reference requests.

6. EVALUATION PHASES

EVALUATION DISCLAIMER:

This document is a Request for Proposals (RFP) and is a “best value” procurement and not a "lowest cost" procurement.

Proposers acknowledge that the selection of the winning Proposer is inherently subjective and that Lextran reserves the right to reject any and all submissions at its discretion.

Proposals should be concise and should address the evaluation criteria and information requested. Proposals containing generalized marketing materials are discouraged and may result in a lower evaluation score.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Overall Value to Lextran, Including Cost of

Service

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

Points Based 30 (30% of Total)

2. Demonstration of Understanding of Lextran’s

Needs

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

Points Based 30 (30% of Total)

3. Response Times and Communication

Did the proposer include appropriate response times?

Did they explain how communications would be conducted over the contract term?

Points Based 20 (20% of Total)

4. Firm's Experience & Qualifications

Did the proposer provide sufficient evidence of their firm's experience and qualification to perform the work required for this contract?

Points Based 20 (20% of Total)

7. PRICING PROPOSAL

The proposal shall document the costs for each aspect of this procurement, broken down, at a minimum, by each of the deliverables listed in this RFP.

Lextran will not pay for any work performed as part of any contracts awarded as a result of this RFP until it has received and accepted each deliverable.

SNOW REMOVAL SERVICES BREAKDOWN

Line Item Description Unit of

Measure Unit Cost No Bid Notes

1 Snow Plowing Parking Lot (event = accumulation occurring within a 24hr period) per event

2 Brushing of permeable pavers per hour

3 Heavy/Specialty Equipment for

Parking Lots per hour

4 Ice Melt Application for Parking Lots per pound

5 Salt Application for Sidewalks per pound

6 Sidewalk Snow Removal per hour

7 Clearing Between Parked Buses per hour

8 Clearing and Salting Entry Ways per hour

9 Dedicated Property Services Loudon

Ave per event

10 Dedicated Property Services Transit

Center per event

11 Dedicated Property Services Both

Locations per event

12 Miscellaneous each

13 Miscellaneous each

Line Item Description Unit of

Measure Unit Cost No Bid Notes

14 Miscellaneous each

8. STATE AND FEDERAL PROVISIONS

8.1. OPEN RECORDS NOTIFICATION

All information appearing within the proposal is subject to public inspection as per the Kentucky Open

Records Act, KRS 61.870. Any proprietary information eligible to be excluded from an open records request must be clearly marked as such on each individual page on which proprietary information appears. Proposers may not make a blanket or all-inclusive confidentiality/proprietary statement. For the purpose of determining an eligible exclusion, KRS 61.878 describes proprietary information in the following manner:

“Upon and after July 15, 1992, records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records”.

8.2. GOVERNING LAW

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

Commonwealth of Kentucky.

8.3. REQUIRED FEDERAL CLAUSES

The Transit Authority of Lexington-Fayette Urban County Government (Lextran) is a recipient of federal funds and is mandated to follow specific guidelines in the procurement of goods and services. The following clauses shall be incorporated by reference into any contract that results from this solicitation.

Definitions used herein:

-The terms “respondent, bidder, proposer, and contractor” mean the offeror or vendor.

-The terms “the Authority” and “recipient” (as in recipient of FTA funds) mean the Transit Authority of

Lexington-Fayette Urban County Government (Lextran).

-The term “USDOT” means the United States Department of Transportation.

-The term “FTA” means the Federal Transportation Administration.

8.4. ACCESS TO THIRD PARTY RECORDS AND REPORTS

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

(2) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts, and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this

Contract, except in the event of litigation or settlement of claims arising from the performance of this

Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims, or exceptions related thereto.

(3) Access to Records. The Contractor agrees to provide sufficient access to the Federal Transit

Administration (FTA), the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, the Comptroller General of the United States, the Comptroller General’s duly authorized representatives, and the duly authorized representatives of Lextran to inspect and audit records and information related to the performance of this Contract as reasonably may be required.

(4) Access to the Sites of Performance. The Contractor agrees to permit those individuals listed above access to the sites of performance under this Contract as reasonably may be required.

8.5. ADA ACCESSIBILITY

Facilities to be used in public transportation service must comply with the Americans with Disabilities Act, 42

U.S.C. § 12101 et seq.; DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49

C.F.R. part 37; and Joint Access Board/DOT regulations, “Americans with Disabilities (ADA) Accessibility

Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38. Notably, DOT incorporated by reference into Appendix A of its regulations at 49 C.F.R. part 37 the Access Board’s

“Americans with Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities. DOT also added specific provisions to Appendix A of 49

C.F.R. part 37 modifying the ADAAG with the result that buildings and facilities must comply with both the

ADAAG and the DOT amendments.

8.6. BREACHES AND DISPUTE RESOLUTION

Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Lextran’s General Manager. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the General Manager. In connection with any such appeal, the

Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the General Manager shall be binding upon the Contractor, and the Contractor shall abide be the decision.

Performance During Dispute - Unless otherwise directed by Lextran, Contractor shall continue performance under this Contract while matters in dispute are being resolved.

Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

Remedies- Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between Lextran and the Contractor arising out of or relating to this agreement or its breach will be decided in a court of competent jurisdiction within Kentucky.

Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by Lextran or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

This clause applies to all contracts in excess of $25,000.

8.7. BUILD AMERICA/BUY AMERICA

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

§ 661.7.

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

§ 661.11. Domestic preferences for procurements.

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

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

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

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

8.8. CIVIL RIGHTS REQUIREMENTS

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

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

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

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

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

2. Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,”

September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.

B. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of

Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

C. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C.

§ 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial

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

Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

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

Civil Rights and Equal Opportunity

The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable

Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by

Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.

Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

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

B. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal

Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No.

11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. §

2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42

U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

C. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal

Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment

Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or

Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49

U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.

D. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.

§ 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the

Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49

U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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

8.9. CLEAN AIR REQUIREMENTS

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to

Lextran and understands and agrees that Lextran will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor agrees it will not use any violating facilities.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

The Clean Air requirements apply to all contracts exceeding $150,000, including indefinite quantities where the amount is expected to exceed $150,000 in any year. The Clean Air requirements flow down to all subcontracts at every tier.

8.10. CLEAN WATER REQUIREMENTS

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to Lextran and understands and agrees that Lextran will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor agrees it will not use any violating facilities.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

The Clean Water requirements apply to all contracts exceeding $150,000, including indefinite quantities where the amount is expected to exceed $150,000 in any year. The Clean Water requirements flow down to all subcontracts at every tier.

8.11. CONFLICT OF INTEREST

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

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

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

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

8.12. DISCLAIMER OF LIABILITY

The Authority will not hold harmless or indemnify any contractor for any liability whatsoever, except those arising out of circumstances under the sole control of the Authority or where it is determined there is a shared liability.

In a 1986 Kentucky Attorney General Opinion, the Attorney General confirmed that the Commonwealth of

Kentucky is “clearly prohibited” from entering into an indemnity or “hold harmless” clause under Sections 50, 171, and 177 of the Kentucky Constitution. Section 50 of the Kentucky Constitution prohibits any “agency of the state, including its legislature” from placing “an obligation against the general funds otherwise available for appropriation and expenditure by a future legislature.” Section 177 of the Kentucky Constitution prohibits lending the credit of the Commonwealth to any person or corporation for any purpose – public or otherwise.

Additionally, payment of private claims would violate Kentucky Constitution Section 171, which requires that public funds be used only for public purposes. The Attorney General concluded that such an indemnity provision is “clearly unconstitutional.”

Lextran is prohibited from entering into an indemnity agreement with Contractors because it is a political subdivision of the Commonwealth. Lextran is an agency and instrumentality of the Lexington-Fayette Urban

County Government. Kentucky courts “have adhered to a rather strict course in holding that a county, and a city as well, as a subordinate political subdivision of the state and as a part of the sovereignty itself, exists and operates under the general laws of the Commonwealth, and derives all of its powers of functioning through express legislative enactments.” Lextran “is but an arm of the state government” and is bound by the

Kentucky Constitution.

8.13. DRUG AND ALCOHOL TESTING

FTA’s drug and alcohol rule, 49 CFR 655 is unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf (usually subrecipients and/or contractors) implement a complex drug and alcohol testing program that complies with

Parts 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function maintains a testing program.

(a) Option 1

The contractor agrees to participate in the Authority’s drug and alcohol program established in compliance with 49 CFR 655.

(b) Option 2 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49

CFR 655, produce any documentation necessary to establish its compliance with 49 CFR 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Kentucky, or the Authority, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR 655 and review the testing process. The contractor agrees further to certify annually its compliance with 49 CFR

655 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the “Substance Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements”, which is published annually in the Federal Register.

(c) Option 3

The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49

CFR 655, produce any documentation necessary to establish its compliance with 49 CFR 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Kentucky, or the Transit Authority, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49

CFR 655 and review the testing process. The contractor agrees further to certify annually its compliance with

49 CFR 655 before (insert date) and to submit the Management Information System (MIS) reports before

(insert date before March 15) to Lextran’s Human Resources department at 200 West Loudon Avenue, Lexington, KY 40508. To certify compliance the contractor shall use the “Substance Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative

Agreements”, which is published annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request) a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use) as its policy statement as required under 49 CFR 655; OR (c) submit for review and approval before ( insert date or upon request) a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to be determined by the recipient but may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium).

The drug and alcohol testing provisions apply to Operational Service Contracts specifically involving transit operations.

8.14. ENERGY CONSERVATION REQUIREMENTS

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and

Conservation Act.

The Energy Conservation requirements are applicable to all contracts.

The Energy Conservation requirements extend to all third-party contractors and their contracts at every tier and subrecipients and their sub agreements at every tier.

8.15. FEDERAL CHANGES - NOTICE TO THIRD PARTY PARTICIANTS

Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and

Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.

8.16. FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS

A. The contractor certifies that it:

o Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and o Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.

If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any

Third-Party Agreement with the Third-Party Participant without FTA’s written approval.

B. Flow-Down. The Recipient agrees to require the contractor to flow this requirement down to participants at all lower tiers, without regard to the value of any sub agreement.

8.17. GEOGRAPHIC RESTRICTIONS

The recipient agrees that it will not use any state or local geographic preference, except as permitted by federal law (for example, 66 section 25019 of the infrastructure investment and jobs Act of 2021, Pub. L. 117-

58), regulation, requirement or guidance.

8.18. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

This contract is a covered transaction for purposes of 2 CFR Part 1200, which adopts and supplements the

U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement)”, 2 C.F.R. Part 180.