Uniforms_-_Operators_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

2023-01

UNIFORMS - OPERATORS

Lextran

200 West Loudon Avenue

Lexington, KY 40508

RELEASE DATE: January 18, 2023

DEADLINE FOR QUESTIONS: February 15, 2023

RESPONSE DEADLINE: March 17, 2023, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Lextran

REQUEST FOR PROPOSAL

Uniforms - Operators

I. INTRODUCTION

II. SCOPE OF SERVICES

III. COST

IV. GENERAL TERMS AND CONDITIONS

V. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

VI. EVALUATION PHASES

VII. GENERAL PROVISIONS

VIII. VENDOR QUESTIONNAIRE

Attachments:

A - LEXTRAN'S CURRENT CONTRACT PRICING SHEET

B - FINANCIAL CAPACITY FORM

C - SOLICITATION, OFFER AND AWARD FORM

D - CERTIFICATION OF RESTRICTIONS ON LOBBYING

E - CERTIFICATION OF CONTRACTOR REGARDING DEBARMENT, SUSPENSION, AND

OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION

F - CERTIFICATE OF PROCUREMENT INTEGRITY

G - NON-COLLUSION AFFIDAVIT

H - AFFIDAVIT OF COMPLIANCE - DISADVANTAGED BUSINESS ENTERPRISE

Request For Proposal #2023-01 Title: Uniforms - Operators

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 to provide uniforms for its bus operators and supervisors, as well as safety shoes and outerwear for its maintenance employees. Please note that all Lextran employees will have the option to buy their shoes through another source at their discretion and all Lextran Maintenance employees will have the option to buy their outerwear through another source at their discretion. Therefore, Lextran makes no guarantees as to the amount of shoes or outerwear to be purchased as a result of any contracts awarded as part of this procurement.

Reference Number: 2023-01

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

3:00 pm eastern time on Friday, March 17, 2023

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

Proposals shall be submitted online via Lextran's eProcurement Portal

If you have any questions on this project, please submit your questions via Q&A section on Lextran's eProcurement Portal. All questions, requests for clarification or comments concerning this RFP are due from proposers by end of day on Wednesday, February 15, 2023. Lextran’s response to questions will be in the form of an Addenda.

Lextran may reject any submissions that are incomplete or non-responsive or submitted after the deadline. Lextran reserves the right to cancel or reissue this RFP, or to reject, in whole or in part, any and all submissions received in response to this RFP should Lextran determine that the responses received are unsatisfactory or that such cancellation or rejection is in the best interest of Lextran.

Lextran further reserves the right to waive any minor technical deficiency or irregularity in a submission package. The determination of the selection criteria and the process for evaluating the proposal shall be in the sole and absolute discretion of Lextran.

1.2. Background

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

Manage and sustain resources.

Lextran provides 2.7 million trips annually with service to residents and visitors of Lexington-Fayette

County on 26 fixed routes, county-wide paratransit, and regional vanpool seven days a week, 365 days a year. The annual combined operating and capital budget of $37.6 million operates out of a LEED certified headquarters complex employing over 200 team members with a 105-vehicle fleet, which includes compressed natural gas, zero emission battery electric buses, diesel and gasoline filled vehicles.

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 Coordinator

200 W Loudon Ave

Lexington, KY 40508

Email: distre@lextran.com

Phone: (859) 244-2023

Department:

Procurement

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 January 18, 2023

Pre-Proposal Meeting (Non-Mandatory) February 1, 2023, 1:30pm

Agenda

Lextran – Zoom www.Zoom.com https://us02web.zoom.us/j/84711786046pwd=Tys4 bWdNb3ViaGwvL2VSOUJvSHJYZz09

Meeting Number: 847 1178 6046

Meeting Password: 207317

Join by Phone: 1(312)626-6799

Question Submission Deadline February 15, 2023, 11:30pm mailto:distre@lextran.com tel:(859)244-2023 https://government-project.s3.amazonaws.com/33655/69245f1f-aa4c-49d5-9a83-c9578bc02925_Preproposal_Conference_Agenda_Uniforms.pdf http://www.zoom.com/ https://us02web.zoom.us/j/84711786046pwd=Tys4bWdNb3ViaGwvL2VSOUJvSHJYZz09 https://us02web.zoom.us/j/84711786046pwd=Tys4bWdNb3ViaGwvL2VSOUJvSHJYZz09

Response to Questions (Addendum) February 22, 2023

Proposal Submission Deadline March 17, 2023, 3:00pm

Contractor Award Date April 26, 2023

Expected Contract Start Date June 6, 2023

2. SCOPE OF SERVICES

2.1. UNIFORM INFORMATION

Lextran provides its operators with uniforms as part of the collective bargaining agreement with the union. Each operator is allowed to spend up to $560 annually on uniforms. This amount will increase to

$575 annually on July 1, 2023. Transportation supervisors are allowed up to $450 annually. This allowance can be used for dress shirts, slacks, shorts, sweaters, jackets, shoes, socks, belts, and hats.

Shirts, jackets, and hats come with a Lextran logo on them.

The current uniform provider is responsible for tracking what each employee has purchased as well as the dollar amount they have spent. Lextran provides the employees with an allowance for their uniforms July 1st of each year. The provider lets the employee know when they have reached their limit for the year and does not allow them to make any additional purchases, unless the employee chooses to buy items and pay for them directly.

Lextran is invoiced for any purchases that were made by the employees within their uniform allowance.

Information on employee purchases made during that billing period is reported to Lextran.

Currently, Lextran employs approximately 120 operators and 14 transportation supervisors. The number of operators fluctuates throughout the year, but the variance shouldn’t be more than 10 to 15 greater than or less than the current level. Lextran’s transportation supervisors also participate in this program.

In addition, Lextran also issues a $750 annual allowance to its Maintenance employees, including mechanics and service workers, to purchase safety shoes, winter outerwear, and rain gear. All other maintenance uniform items will not be included as part of this contract. The employee has the option of spending more than the allowance amount if they agree to pay for the difference themselves. Lextran is then billed for the allowance amount spent by the employee.

Objectives

Lextran’s objective with this contract is to provide excellent uniform options to the operators. As well as avoiding the following issues:

• Operators in wrinkled clothing

• Operators in improperly fitting clothing

• Operators in faded clothing

Another objective of this contract is to provide the Lextran employees with a variety of uniform options, and the opportunity to try on garments whenever possible.

2.2. GARMENT INFORMATION

Wrinkle-Free Garments

All shirts, and pants, etc. proposed shall be wrinkle-free. Lextran is seeking good quality garments that will stand up to multiple washings, and still keep a fairly wrinkle-free appearance.

Operator Fittings

Upon award of a new contract, Lextran and the chosen supplier will finalize the style and color of the uniforms that will be made available to the operators. Lextran will then be set appointment times, at

Lextran;s headquarters, to allow for all operators to have a fitting done for these specific uniform pieces.

Multiple times throughout the day shall be offered for these fittings to accommodate operators working on different shifts. In addition, Lextran would like to have fittings offered on a regular basis throughout the contract term. Fittings must take place either at a contractor-operated storefront or at Lextran’s facility.

For fittings offered at the contractor’s own facility, the fittings may be offered during the contractor’s normal hours of operation. Proposers that also offer periodic fittings at Lextran’s facilities will be given greater consideration in the evaluation process. Proposers who cannot offer fittings at their own facility must instead offer a way in which Lextran Operators can easily arrange for fittings to occur.

Quality of Garments Offered

All offered uniform pieces shall be of the highest quality so that each item lasts until the next annual allowance period and beyond. The successful contractor shall have a liberal return policy to handle any items that may fall below reasonable quality standards. Proposals shall document the quality of their uniforms in any way they deem appropriate. If interviews are requested, proposers may be asked to bring in sample clothing items to demonstrate the quality of the offerings.

Proposers shall only offer garments of a high enough quality as to resist fading after multiple washings.

Proposers shall note those styles and colors that will most meet this objective.

Lextran has determined that the preferred garment type would be polyester to provide the best resistance to wrinkling. However, proposers should also offer a cotton garment as an alternative for those employees that may have issues with polyester.

Uniform Specifications

The following items will be available to the operators:

• Dress Shirt or Women’s Blouse (long or short sleeved, wrinkle-free)

• Polo Shirt (wrinkle-free)

• Trousers (wrinkle-free)

• Shorts (wrinkle-free)

• Jacket/Coat (optional for operators)

• Sweater (optional for operators)

• Vest (optional for operators)

• Hat (optional for operators)

• Belt (black)

• Shoes (black, must be able to be polished)

• Tie

• Socks

Lextran does not have any preference for brand names. Proposers may offer any brand that meets the specifications as detailed in this RFP.

Shirts and Blouses

Shirts are currently light green with a standard type collar, with or without pocket flaps. Female operators wear a ladies blouse or shirt in light green. Lextran is currently considering different color options for the Transportation supervisors, so proposers should list all color choices available for their proposed shirts. Shirts should be wrinkle-free. Proposers should list all material types offered, such as cotton, polyester, or blends.

Polo shirts are also available to the operators. Like the dress shirts, they shall be wrinkle-free and all color options should be provided. Also list the material types.

Shirts should be offered in both long and short-sleeve styles.

Pants/Slacks/Trousers

Pants are currently black. Lextran is considering different color options for Transportation supervisors, proposers should list all color choices available for their proposed pants. Pants should look professional and be wrinkle-free. Trousers for female operators should be ladies cut design. Proposers should list all material types offered, such as cotton, polyester, or blends.

Proposers shall also offer shorts utilizing the same specifications as for the pants.

Shoes

Shoes will be black and must be able to be polished. There should be no more than a ¾ inch heel. There will be an option for a water-proof shoe. There should also be an option for slip-resistant shoes.

Shoes will be listed separately in the proposal. Lextran reserves the right to award a contract specific to shoes that is separate from the other uniform pieces; i.e. one proposer may be awarded a contract for everything except shoes while another proposer is awarded a contract for just the shoes.

As stated previously, customers will also have the option to purchase their shoes from other sources at their discretion, so Lextran makes no guarantees as to the number of shoes that may be purchased as a result of any contract awarded for this procurement.

Socks

Socks shall be black.

Jackets/Coats

Jackets or coats are an optional item for operators. Lextran would like to see options for what might be available.

Lextran would also like to offer an option for a high-quality zippered fleece. Proposers should list all styles and color options available.

Sweaters and Vests

Sweaters and vests are optional items for operators. The current style is black with a V-neck. They may be pull-over, zipper-front but will not be turtleneck or exaggerated ribbed type. Sleeved or sleeveless are acceptable. Lextran may consider other color options, so proposers should list all color choices available.

Hats

Hats are an optional item for operators. Hats are currently a standard design cap. Cap material is the color of the trousers. Flat bill style should be optional.

Embroidery

Shirts, jackets and hats shall come with the Lextran logo. The logo is embroidered on these items.

Lextran will work with the successful proposer to determine the exact location of any embroidery.

Safety Shoes

As part of this contract, the successful proposer shall also provide safety shoes to Lextran’s Maintenance department employees, including mechanics and service workers. Lextran does not specify the type of shoe; the selection is left to the employee’s discretion, although it must meet the standards of the

American National Standards Institute (ANSI) including a steel toe, non-slip sole, and provide protection from electric shock.

Winter Outerwear

As part of this contract, the successful proposer shall also provide winter outerwear to Lextran’s

Maintenance department employees, including mechanics and service workers. Other eligible winter gear includes hats, gloves, and toboggans.

Rain Gear

As a part of this contract, the successful proposer shall also provide rain gear to Lextran’s Maintenance department employees, including mechanics and service workers.

Safety Vests

As part of this contract, the successful proposer will also offer options for safety vests, including reflective tape, with options to add a high visibility Lextran logo to the back of the vests. Lextran makes no guarantees as to the number of safety vests that may be purchased throughout the term of any contract awarded as part of this RFP process and reserves the right to purchase vests from other sources as needed.

Gloves

As part of this contract, the successful proposer will also offer options for gloves, both driving gloves and cold weather. Lextran makes no guarantees as to the number of gloves that may be purchased throughout the term of any contract awarded as part of this RFP process and reserves the right to purchase gloves from other sources as needed.

Sunglasses

Lextran is considering offering Operators the opportunity to purchase sunglasses with their uniform allowance. As part of this contract, the successful proposer will also offer options for sunglasses. Lextran makes no guarantees as to the number of sunglasses that may be purchased throughout the term of any contract awarded as part of this RFP process and reserves the right to purchase sunglasses from other sources as needed.

Service Locations

Proposers shall state the locations where Lextran employees pick up uniform pieces and the hours of operation for pick up. Proposers shall also state the locations that offer fittings for the employees.

2.3. UNIFORM PROCESS

Employees should not be sold any uniforms outside of the approved garments. It will be the supplier’s responsibility to provide a detailed invoice each month which shall include the following information:

• Name of the eligible employee

• Employee's allowance balance

• Detailed list of the item(s) purchased

• Cost of each item purchased and total dollar amount of purchase

All items on the final list of approved uniform items must be in stock whenever possible in all sizes.

Lextran acknowledges that some items in larger sizes may take longer to procure. However, as a general rule, when a special order is necessary it should be turned around in no more than ten (10) days. On-going issues involving delays in employees receiving their uniforms shall be considered grounds to terminate the contract for default. Proposers should state what they can provide “on the shelf” and what the turnaround time is expected to be for other items.

The proposer must document their policy on returns and how they will handle issues when an employee receives an item that is of less than acceptable quality.

Proposers should be able to provide a Lextran-specific “catalog” for Operators to view. This catalog

(print and/or online) would only contain items approved by Lextran for its Operators. It should contain clear photographs of all offerings. The photographs shall be large enough to give a good idea of how the items look.

Proposers must state the options for how Operators may contact them regarding any needs they have or issues that arise. This will include phone and email. There shall be more than one contact, so if one contact is unavailable, there will be someone from the contractor’s office available to provide service at all times during normal business hours. All contacts shall be knowledgeable about the Lextran account and be able to provide answers to questions. All issues shall be dealt with promptly and honestly. If there is an issue with the delivery time of a specific item, the contractor shall provide an honest answer as to when that item will be delivered.

Upon contract award, Lextran and the contractor shall hold a “kick-off” meeting to clearly lay out how communications shall occur, ensuring that both sides have adequate personnel identified to keep information flowing.

2.4. REPORTS, SAMPLES, COLORS, & SIZING

Reports

Proposers shall specify how they will keep Lextran informed of all issues involved in the uniform program. This would include reporting on a regular basis, weekly or monthly as appropriate, any information Lextran may need. This should include, but not be limited to, the following:

• Monthly report of all items on order by employee name

• Monthly report of turnaround time for all items ordered that month including average time and longest time.

• Report of any delays for any ordered items and the expected delivery date

• Report of all uniform items, by employee name, that have been delivered to the contractor but have not been picked up by the employee within one week’s time. This should include the date of delivery as well as the date(s) the employee was contacted about their order.

• Monthly invoice of all items purchased for that month, including employee name, description of items purchased, cost of those items, and remaining dollar amount still available to be spent (if any)

• Proactively inform Lextran of any complaints the contractor may have received from a Lextran employee regarding their uniform or their order

Please provide samples of any reports you may provide to other customers. As stated above, the successful proposer may choose to utilize a web-based solution for reporting.

Sizes

Sizes available must include regular, big and tall, and petite in order to ensure the best fit possible for all operators. The proposer must list all sizing options with any garments presented in the proposal.

Samples

Lextran reserves the right to interview any proposers determined to be in the competitive range for this procurement before a final award decision is made. Proposers may be asked to clarify information and answer any questions the evaluation committee has. In addition, proposers may be asked during these interviews to provide samples of the proposed garments so that the committee may evaluate these items for their look and overall quality.

Colors

The successful proposer must be able to match Lextran's color scheme. If selected for an interview, Lextran will request that the vendor bring samples that can match our branded colors, specifically the bright green. The swatches in the image below are Lextran's colors. These swatches can also be found on the "press" tab of the Lextran website.

2.5. PROJECT APPROACH

Proposers shall document their project approach for how they will handle the Lextran account. This project approach will document the proposer’s understanding of Lextran’s needs:

• A cost-effective solution that allows Lextran Operators to maximize their uniform allowance

• High quality materials and workmanship so that uniforms will last to the next annual allowance period and beyond as well as ensuring Operators will always look their best

• A good selection of uniform items available; i.e. not just one or two types of shoes or jackets

• Consistent sizing between types and styles of garments when possible

• Reasonable delivery times with common items in stock when feasible

• A high standard of customer service to the Operators o Fittings done at times and in locations that are convenient o The ability for Operators to try on new clothing items whenever possible, either through a store front or a regular display at Lextran utilizing mannequins along with multiple on-site visits for fittings o A Lextran-specific catalog of all approved items so Operators always know what options they have o Honest and open communication with Lextran employees o Multiple options for customers to contact the contractor o A store front where Operators can pick up their uniforms or regular deliveries to Lextran to ensure all uniforms can be obtained in a timely manner

• A detailed description of how the potential contractor shall keep Lextran informed of each employee’s purchased materials and current balances as well as regular reporting of any outstanding issues including any Operator complaints received

3. COST

3.1. COST

Proposals shall state the price of each item offered. Along with a variety of uniform pieces and styles, proposers should also offer a variety of options for pricing, while still maintaining an acceptable level of quality.

Lextran’s current provider is Galls LLC. That pricing can be found in the attachments section of this RFP here: #ATTACHMENTS

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.

https://procurement.opengov.com/portal/lextran/projects/33655?section=275133

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 06/06/2023 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 5 years

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

5. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

5.1. EXPERIENCE AND REFERENCES

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

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

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

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

5.2. CAPACITY

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

Financial capacity can be demonstrated by providing the financial capacity form, completed by a financial institution representative, and/or a copy of the firm’s audited financials. Please note that all financial information is treated as proprietary information and will not be subject to public records.

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

5.3. SUBMISSION REQUIREMENTS

Incomplete proposals may render the proposal non-responsive.

There is a fifty (50) page limit for all proposal documents submitted. Proposers should keep their submissions at or below this limit, or the proposal may be deemed non-responsive. Lextran's required forms and the proposers audited financial documents will not count toward the 50 page limit.

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

A copy of this RFP should NOT be included as part of the proposal. This RFP document will become part of the contract. Any edited versions of the RFP included in a proposal will not be accepted. This

RFP/solicitation may only be modified by formal addendum issued by Lextran.

Proposals must be submitted via Lextran's eProcurement Portal.

Proposals must be received before3:00 pm eastern time on Friday, March 17, 2023.

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

The proposer shall supply the following in their proposal:

Scope of Services Requirements: Proposers must review in detail the requirements listed in the scope of services for the RFP to remain compliant. Lextran would like to see all options for garments and equipment requested in the appropriate color schemes and styles listed, as well as all sizes offered. The project approach information (Section 5 of the RFP) is listed in detail with requirements.

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

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

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

References: Three (3) references including company name and address, contact person, phone numbers, and email addresses. References shall be able to speak to the quality of the services that have been provided. References shall be for clients of a similar nature to Lextran.

The enclosed forms as listed below:

Financial Capacity Form (Completed by a Bank Representative)

Solicitation, Offer and Award

Certification of Restrictions on Lobbying

Certification Regarding Debarment, Suspension and Other Ineligibility

Non-Collusion Affidavit

Certificate of Procurement Integrity

Affidavit of Compliance-DBE (If Applicable)

6. EVALUATION PHASES

EVALUATION DISCLAIMER:

This document is a Request for Proposals (RFP) and is a “best value” procurement and not a "lowest cost" procurement. Proposers acknowledge that the selection of the winning Proposer is inherently subjective and that Lextran reserves the right to reject any and all submissions at its discretion.

Proposals should be concise and should address the evaluation criteria and information requested.

Proposals containing generalized marketing materials are discouraged and may result in a lower evaluation score.

6.1. Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cost Points Based 30 (30% of Total)

2. Project Approach

-Demonstrated understanding of Lextran’s needs

-Proposed program will provide maximum value for Lextran and for Lextran’s operators

-Flexibility offered to operators in the acquisition of their uniforms

Points Based 25 (25% of Total)

3. Quality of the uniforms offered Points Based 25 (25% of Total)

4. Experience, Capacity, and References Points Based 10 (10% of Total)

5. Demonstration of Sufficient Resources Points Based 10 (10% of Total)

6.2. Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Interviews Points Based 50 (100% of Total)

7. GENERAL PROVISIONS

7.1. OPEN RECORDS NOTIFICATION

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

Records Act, KRS 61.870. Any proprietary information eligible to be excluded from an open records request must be clearly marked as such on each individual page on which proprietary information appears. Proposers may not make a blanket or all-inclusive confidentiality/proprietary statement. For the purpose of determining an eligible exclusion, KRS 61.878 describes proprietary information in the following manner: “Upon and after July 15, 1992, records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records”.

7.2. REQUIRED FEDERAL CLAUSES

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

Definitions used herein:

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

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

Lexington-Fayette Urban County Government (Lextran).

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

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

7.3. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

(1) Lextran and Contractor acknowledge and agree that, notwithstanding any concurrence by the

Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to Lextran, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

7.4. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED

ACTS

(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies”, 49 C.F.R.

Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the

Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the

Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal

Government deems appropriate.

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

Government deems appropriate.

(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

7.5. ACCESS TO RECORDS AND REPORTS

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

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

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

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

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

7.6. FEDERAL CHANGES

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Lextran and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract.

7.7. CIVIL RIGHTS REQUIREMENTS

The following requirements apply to the underlying contract:

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the

Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor

(U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment

Opportunity, Department of Labor”, 41 C.F.R. Parts 60 et seq., (which implement Executive Order No.

11246, “Equal Employment Opportunity”, as amended by Executive Order No. 11375, “Amending

Executive Order 11246 Relating to Equal Employment Opportunity”, 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the

Contractor agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42

U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal

Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act”, 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

Within Fayette County the Fairness Ordinance (no. 201-99) applies. This ordinance adds sexual orientation/gender identity as a protected class against discrimination in housing, employment and public accommodations.

In addition, the Contractor agrees to comply with any implementing requirements or applicable regulations the local government may issue.

7.8. ADA ACCESSIBILITY

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

Act, 42 U.S.C. § 12101 et seq.; DOT regulations, “Transportation Services for Individuals with Disabilities

(ADA),” 49 C.F.R. part 37; and Joint Access Board/DOT regulations, “Americans with Disabilities (ADA)

Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38.

Notably, DOT incorporated by reference into Appendix A of its regulations at 49 C.F.R. part 37 the Access

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

Appendix A of 49 C.F.R. part 37 modifying the ADAAG with the result that buildings and facilities must comply with both the ADAAG and the DOT amendments.

7.9. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Lextran requests which would cause Lextran to be in violation of the FTA terms and conditions.

7.10. ENERGY CONSERVATION REQUIREMENTS

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

The Energy Conservation requirements are applicable to all contracts.

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

7.11. TERMINATION

a. Termination for Convenience (General Provision) Lextran may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in Lextran’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to Lextran to be paid the

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

b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the

Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, Lextran may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by Lextran that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, Lextran, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

c. Opportunity to Cure (General Provision) Lextran in its sole discretion may, in the case of a termination for breach or default, allow the Contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.

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

Contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach In the event that Lextran elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by Lextran shall not limit Lextran’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

e. Termination for Convenience or Default (Architect and Engineering) Lextran may terminate this contract in whole or in part, for Lextran’s convenience or because of the failure of the Contractor to fulfill the contract obligations. Lextran shall terminate by delivering to the Contractor a Notice of

Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process.

If the termination is for the convenience of Lextran, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.

If the termination is for failure of the Contractor to fulfill the contract obligations, Lextran may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by

Lextran.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Lextran.

7.12. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

This contract is a covered transaction for purposes of 2 CFR Part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide

Debarment and Suspension (Nonprocurement)”, 2 C.F.R. Part 180. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 2 CFR 1200, or affiliates, as defined at 2

CFR 1200, are excluded or disqualified as defined at 2 CFR 1200.

The contractor is required to comply with 2 CFR 1200, and must include the requirement to comply with

2 CFR 1200 in any lower tier covered transaction it enters into.

The contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally-funded contract and are not presently declared by any Federal department or agency to be:

-Debarred from participation in any federally assisted award;

-Suspended from participation in any federally assisted award;

-Proposed for debarment from participation in any federally assisted award;

-Declared ineligible to participate in any federally assisted award;

-Voluntarily excluded from participation in any federally assisted award; or

-Disqualified from participation in any federally assisted award.

By signing and/or submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by Lextran. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to Lextran, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 CFR 1200 while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

This clause applies to all contracts over $25,000.

7.13. 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…