VT23-003 Downtown Trolley RFP.pdf

VALLEY TRANSIT

REQUEST FOR PROPOSALS (RFP) FOR

DOWNTOWN APPLETON TROLLEY SERVICES

RFP VT23-003

December 18, 2023

801 S. Whitman Ave

Appleton, Wisconsin 54914

Valley Transit Request for Proposals

Downtown Appleton Trolley Service

Valley Transit

Valley Transit Page 1

TABLE OF CONTENTS

PART A – BACKGROUND & GENERAL INFORMATION

Background Definitions Contract Term Funding Insurance & General Requirements Current Contractor

PART B – SCOPE OF WORK

Basic Requirement Key Employee Service Description Service Area Service Hours & Miles Program Participants Fares Vehicles Vehicle Maintenance Vehicle Communications System Onboard Vehicle Tracking & Data Collection Equipment Licensing Rider Policy Data, Reporting & Audits Employee Training Employee Standards Drug & Alcohol Testing Service Feedback Accident/Incident Notification Inclement Weather Invoicing & Payments

PART C – PROPOSAL REQUIREMENTS AND SUBMITTAL INSTRUCTION

General Information Proposed Schedule Written Questions & Addenda Proposal Selection Evaluation Criteria Protest Procedure Written Proposal Response Cost Proposal Form Lobbying Certification

APPENDIX 1 – FEDERAL CONTRACT CLAUSES

Valley Transit Page 1

APPENDIX 2 – CITY OF APPLETON INSURANCE REQUIREMENTS

APPENDIX 3 – GENERAL REQUIREMENTS

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PART A – BACKGROUND & GENERAL INFORMATION

Background

Valley Transit/City of Appleton and Appleton Downtown, Inc. are requesting proposals from interested, qualified and experienced Contractors to provide fixed route rubber-wheeled trolley service from downtown Appleton to the riverfront in Appleton along a prescribed route. This service is further defined in Part B of this document.

Valley Transit, owned and operated by the City of Appleton, provides fixed route bus and demand responsive paratransit service in the Fox Cities. Appleton Downtown, Inc., ADI, is a non-profit community coalition dedicated to promoting all that downtown Appleton has to offer.

Further info about Valley Transit can be found at: myvalleytransit.com & Appleton Downtown Inc at: https://appletondowntown.org

Definitions

The following definitions are used throughout the Request for Proposal (RFP):

‘Contractor’ means the successful proposer who is awarded the contract.

‘FTA’ means Federal Transit Administration ‘Provide’ means to furnish and implement “VT” means Valley Transit “VT & ADI” means the Valley Transit/City of Appleton and Appleton Downtown, Inc.

Valley Transit has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. It is the policy of Valley Transit to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts.

There is no contract goal established for this agreement. If a proposer is certified with the State of Wisconsin as a DBE vendor, please indicate DBE certification within the submitted proposal.

Contract Term

The Trolley operating period occurs over approximately four (4) months commencing early June through late September. The 2023 operating period began June 1, 2023 and ended September 30, 2023. See ‘Scope of Work’ section for further description of service days, hours and schedule.

The term of this contract will be for two years commencing on June 1, 2024. This contract shall automatically extend into its third, fourth and fifth one-year option periods unless either party notifies the other, in writing, 90 calendar days prior to expiration of the initial and/or succeeding contract option period(s).

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Funding

Funding for this procurement is provided by City, County, State, and Federal taxpayer dollars. As such, the agreement with the successful proposer shall at all times be subject to the rules and regulations of Wisconsin Department of Transportation and the Federal Transit Administration, under the provisions of the Urban Mass Transportation Act of 1964, as amended. The successful Contractor shall be responsible for complying with all applicable laws and regulations governing the services described in this RFP as a Contractor of Valley Transit. Specific Federal requirements are outlined in Appendix 1.

The funding used to support this service is contingent upon the availability of these sources.

Insurance & General Requirements

The Contractor shall not commence work until it has obtained all insurance required. See Appendix 2. General requirements are listed in Appendix 3.

Current Contractor

Lamers Bus Lines, Inc. is the current contractor that has operated the service described in this RFP.

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PART B – SCOPE OF WORK

Basic Requirement

The awarded Contractor shall be responsible for all aspects of the transportation services described in this RFP. This includes providing all equipment, vehicles, facilities and personnel necessary to comply with all requirements listed.

Key Employee

The Contractor will assign an individual whose primary management function will be the direction of services performed by the Contractor. Contractor must maintain valid after-hours contact information in the event of a mechanical failure or other emergency.

Service Description

The service to be performed is a fixed route common carrier service, to be provided by a rubber-wheeled trolley type vehicle (“trolley service”). VT will prescribe a loop route traveling from and through downtown Appleton to the Appleton riverfront and back, stopping at designated stops.

The route may vary according to planned and/or unplanned closures or route barriers. The contractor will provide a turn-key operation, including providing the vehicle, maintaining the vehicle, insuring the vehicle, operating the service, supervising the service, and following all VT & ADI rules and regulations. Other service characteristics are described in the current service brochure found at:

myvalleytransit.com

Service Area

The service area is limited to the general geographic area bounded on the north by Franklin Street, on the east by Walter Street, on the south by Fremont Street, and on the west by State Street in Appleton.

Service Hours & Miles

The trolley service will operate on Thursdays and Fridays from 5:15 PM to 9:45 PM and Saturdays from 8:15 AM to 9:45 PM during the operating period. These hours and days are subject to change based on patronage and/or funding constraints.

486 revenue hours and 5,610 revenue miles of service were provided by the current contractor during the 2023 operating season (6/1/23 – 9/30/23).

Program Participants

The service will be open to the general public.

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Fares

This will be a free fare trolley service. Contractor will not collect passenger fares.

Vehicles

The Contractor shall supply, at its own expense, all vehicles required in performing the services under this agreement. The vehicle(s) used must be a rubber-tired bus designed to resemble an old-style streetcar. The vehicle must be accessible to ambulatory, semi-ambulatory, and non-ambulatory individuals with disabilities and conform to the accessibility specifications contained in 49 CFR Part 38, subpart B, and Wis. Stat. § 347.48; (2m)(b), (c) and (d).

All vehicles used in the program service must meet all applicable Federal, State and local vehicle operation regulations.

The Contractor must display large VT & ADI and/or other sponsoring agency signage on the sides of the vehicle providing the service. The design, size and format of said signage will be determined by VT & ADI. Cost for sign production and installation will be the responsibility of VT & ADI. The Contractor shall post signs in vehicles as requested by Valley Transit.

The Contractor shall not sell any space or display any advertising on any vehicle used in the operation of this service. Bumper stickers and other similar materials are not allowed. The Contractor will distribute no literature without express prior authorization from Valley Transit.

Valley Transit reserves the right to reopen negotiations in the event that the City directly purchases or acquires vehicles to be used by the Contractor.

Vehicle Maintenance

The Contractor shall be responsible for the proper use, care and maintenance of all vehicles and equipment required to adequately fulfill the responsibilities associated with the provision of paratransit services as described herein. The Contractor shall implement and follow its preventive maintenance program described in the RFP submittal for the duration of the agreement. The maintenance program must be fully detailed and maintained in a manual.

Annual vehicle inspections must be performed by the Contractor.

Preventive Maintenance Program: The Contractor is required to follow a preventive maintenance program. The preventive maintenance program, at a minimum, must conform to the vehicle manufacturer’s recommended warranty and maintenance requirements for commercial use of the vehicle, and any local, State or Federal regulations, and must include record keeping for any vehicle providing service under this agreement. Contractors shall develop a maintenance program detailing activities performed. Copies of vehicle registrations and annual inspections must be sent to Valley Transit’s office at minimum once per year or upon request.

Pre/Post Trip Inspections: The Contractor must establish and follow a pre-trip/post-trip inspection program involving a “walk around” exterior inspection and a “walk through” interior inspection

Valley Transit Page 7 of the vehicle before its service tour and again after it returns to the garage. These inspections must include, at a minimum:

Checks of all fluid levels Visual inspection of the belt/hoses Visual checks of passenger seats/wheelchair positions, securement straps, seatbelts and shoulder belts Test and cleaning, as required, of all lights Visual check and operating test of doors Visual check, cleaning, as required, of all windows and test of windshield wiper/washer system Visual inspection of all emergency equipment and operation as applicable (exits, fire extinguishers, warning devices, first aid kits, etc.)

Rolling test of braking system Visual inspection and cycling of wheelchair lift Visual inspection and physical testing of all tires, wheels, lug nuts Visual check of exhaust system Visual inspection, cleaning as required, and adjustment of all mirrors Sound check of all warning systems (horn and back up alarms) Inspection for body damage, corrosion and normal wear and tear Test of radio functioning Climate control systems Driver identification name plate

In addition to the defects or problems discovered in these inspections, any problems or defects detected and reported by drivers or clients while the vehicles are in service must be noted and recorded in a written defect reporting system. The system must include a formal process of recording all problems, reporting them to appropriate maintenance personnel and reporting when repairs have been completed.

A complete record of all repairs performed on each vehicle must be maintained. This information must be included in the service history of each vehicle. It is the Contractors responsibility to establish arrangements for all service repairs required for compliance under this agreement.

Valley Transit is not responsible for any service or repair claims.

Valley Transit or a designated representative shall, at all times, have the authority to inspect any vehicle utilized for the provision of service under this agreement. This authority shall include the ability to direct the immediate withdrawal from service of any vehicle determined by Valley Transit to be unsafe or excessively dirty. Removal of any vehicle from service under this paragraph does not constitute a waiver of the Contractor’s requirement to supply an equivalent replacement vehicle to provide the services required by this contract.

The Contractor shall properly maintain operating heating and air-conditioning systems on all vehicles. Maintenance check-ups will be conducted by the Contractor to ensure these systems

Valley Transit Page 8 are operational at the appropriate times of the year. No vehicle shall be operated in service for longer than one day without properly functioning heating or air-conditioning systems.

Vehicles must be kept free of all accident damage (body and mechanical) and must be repaired within 30 days after such damage occurs.

Vehicle Cleanliness/Appearance: All vehicles used in service must be clean and free of all dirt and litter. The interior of each vehicle must be cleaned daily, with a thorough cleaning of the full interior at least once per week. Vehicle exteriors must be washed at least once per week or more frequently as needed. Valley Transit reserves the right to remove any vehicle with unacceptable appearance from service.

Through the course of the contract, Valley Transit may conduct safety audits (i.e. ride checks) in the areas of defensive driving, passenger relations, and on-time performance. Any performance problems discovered during these audits shall be addressed by the Contractor to Valley Transit’s satisfaction.

Vehicle Communications System

The Contractor is required to communicate and maintain contact with Valley Transit using a hand-held two-way radio. This radio and charging equipment will be provided to the Contractor by Valley Transit. The Contractor is responsible for proper care, use, and return of radio equipment at the end of the contract or at the request of Valley Transit. If equipment is stolen or damaged due to the negligence of the Contractor, the Contractor may be held liable for replacement or repair of equipment provided by Valley Transit.

Valley Transit’s digital radio system has sufficient coverage for the service described in this RFP.

Onboard Vehicle Tracking & Data Collection Equipment

Valley Transit recently implemented a new onboard tablet system that provides real-time vehicle location and other data to Valley Transit, a public website. Valley Transit intends to include the Trolley service within the system. A tablet, mounting equipment and power cord will need to be installed in the Contractor’s vehicle(s). The Contractor’s driver will be responsible for entering data.

Valley Transit will be responsible for supplying this equipment onboard the Contractor’s vehicles.

Valley Transit will work with the Contractor to coordinate installation. The Contractor will be responsible for proper care, use and return of all equipment at the end of the contract or at the request of Valley Transit. If equipment is stolen or damaged due to the negligence of the Contractor, the Contractor may be held liable for replacement or repair of equipment provided by Valley Transit.

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Licensing

The Contractor must be in compliance with all applicable federal, state, and local codes, regulations, and licensing requirements as well as all applicable state motor vehicle codes and licensing requirements. Contractor will provide proof of such to VT.

Rider Policy

The Contractor’s drivers, dispatchers and other staff are required to adhere to and enforce Valley Transit’s rider policies. Rider policies are found on the webpage below:

https://myvalleytransit.com/policies/

With specific and timely incident data provided by the Contractor, Valley Transit shall work with riders to ensure a safe and efficient system.

Data, Reporting & Audits

The following data is required to be reported to Valley Transit:

Mileage and Trip Data. Valley Transit is required by FTA to collect certain mileage and trip data. The following information must be provided by the 8th of every month or when requested by Valley Transit.

1) Daily and, if requested, hourly passenger counts

2) Daily revenue miles and total miles

3) Daily revenue hours and total hours

Financial and Performance Data: The Contractor is required to keep separate written financial and performance records. Records must be available for inspection by Valley Transit or Valley Transit's approved agent at all times upon reasonable notification.

Employee Data: The Contractor shall provide Valley Transit with a list of all personnel who will perform services in any manner and describe how they are involved in the program.

Vehicle Data: The Contractor shall provide a vehicle inventory. The Contractor shall also report safety & security incidents on a monthly basis. Reportable incidents are defined by the National Transit Database.

Valley Transit reserves the right to direct an audit of accounting records and other related financial books and records. Such audit shall be completed at the Contractor’s expense and delivered to Valley Transit no later than 150 days after the end of the Contractor’s fiscal year.

Employee Training

The Contractor shall be required to implement an employee training program that includes new employee training (defensive driving, passenger assistance, passenger sensitivity, safe operating

Valley Transit Page 10 practices, ramp/lift utilization, FTA DOT drug & alcohol and procedures for securing mobility devices) prior to beginning service. The cost of training materials and instructor fees is the responsibility of the Contractor.

The Contractor shall maintain an outline of their employee training program, including updates as needed. All personnel employed by the Contractor for work under this contract shall participate in applicable training. Contractor shall maintain documentation of completed training by employee.

Employee Standards

All Contractor employees shall be courteous to all passengers and maintain a high level of customer service. Drivers shall conduct themselves professionally as they have been trained to do in the sensitivity training provided by the Contractor. All Contractor employees must refrain from negative comments or behavior toward riders at all times. Rude, offensive and abusive language or behavior is not tolerated.

Drivers shall be neat and clean in appearance. Drivers are required to wear a uniform and identification card on uniform that includes driver’s name. The Contractor shall be responsible for providing the driver uniform and ID badge. Smoking is not permitted inside or near any vehicle that performs service for Valley Transit even if passengers are not present.

Valley Transit reserves the right to exclude Contractor employees from providing service under the resulting agreement. Typically, the removal of a contractor’s employee will be associated with issues surrounding poor performance, violation of procedures or safety violations.

Federal background checks must be completed for all drivers to ensure each employee has a clean driving and criminal record. The Contractor shall not employ any person as a driver, who has been convicted of a felony involving a crime of violence or committed in the use of a commercial vehicle, convicted of an offense involving a serious traffic violation (as defined in the Commercial Driver’s License standards, requirements, and penalties) or who has been convicted of a drug or alcohol offense involving a motor vehicle. Vehicle operators shall have no more than three (3) moving violations and/or chargeable accidents within the previous five (5) year period at time of hire. The Contractor must provide documentation upon request of Valley Transit.

Drug & Alcohol Testing

The Contractor shall comply with all United States Department of Transportation drug and alcohol testing requirements, including 49 CFR Part 655, applicable to safety-sensitive employees.

It is Contractor’s responsibility to establish a compliant Drug & Alcohol Testing Program and Policy. The Contractor will directly pay all costs associated with compliance, including for testing (pre-employment, random, post-accident, reasonable suspicion, return to duty and follow‐up).

Contractor also bears the cost of employee time associated with this testing.

Contractor shall also be responsible for providing and conducting new employee and supervisory training necessary to ensure compliance. Contractor shall promptly comply with all requests for

Valley Transit Page 11 information from Valley Transit required to complete all federal reports and to audit Contractor’s compliance with applicable requirements.

The Contractor will be required to complete annual MIS reports and submit data in a federal reporting system according to Valley Transit’s instructions within 60 days after the end of the calendar year.

Service Feedback

Contractor shall follow Valley Transit’s public comment policies and procedures. Valley Transit will receive and record complaints related to the provision of this service. Valley Transit will notify Contractor of such complaint. Contractor will be responsible for investigation of complaint and will respond to Valley Transit with results of the investigation within forty-eight (48) hours of notification.

Any complaints or comments received by the Contractor shall be immediately forwarded to Valley Transit.

The Contractor may be asked to collect input from passengers. This is typically done by passing out and collecting comment cards in accordance with a schedule to be provided by Valley Transit.

Valley Transit will perform periodic ride checks as it deems necessary and will inform Contractor of the results.

Accident/Incident Notification

Contractor will notify Valley Transit of any vehicular accidents, passenger injury incidents and/or safety/security incidents immediately via two-way radio. Written detailed reports are due within three (3) business days of said accident. Any claim made against the Contractor in relation to the services provided under the resulting contract must be reported to Valley Transit, in writing, within two (2) business days.

Inclement Weather

The trolley service must run whenever Valley Transit’s fixed-route buses are in operation, including periods of inclement weather. The Contractor should be aware that it is rare for the fixed-route bus service to stop operation, even in inclement weather. However, the buses may run late during inclement weather. Likewise, the trolley service may run late during inclement weather. The Contractor must consult with Valley Transit’s contract administrator or designee prior to modifying service.

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Invoicing & Payments

The Contractor will invoice Valley Transit monthly for services. Valley Transit will make monthly payments based on specific contract terms and conditions. Invoices must be itemized and totaled. Invoices should be delivered to Valley Transit prior to the 8th of the following month.

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PART C – PROPOSAL REQUIREMENTS AND SUBMITTAL INSTRUCTION

General Information

All proposals must be submitted via email or mail. All proposals must be received at Valley Transit by 10:00 AM (cst) on Friday January 26, 2024.

Submittal by Email Instructions:

An emailed proposal shall be received by Valley Transit prior to the due date and time shown above. The email subject line shall state: “PROPOSAL FOR DOWNTOWN APPLETON TROLLEY SERVICE, RFP VT23-003.” The email file size maximum is 15MB. Proposal file format shall be Portable Document Format (PDF). The Cost Proposal Form (file name = “Cost Proposal”) shall be a separate file from the remaining proposal package.

Proposals shall be emailed to valley.transit@appleton.org . Submitting a proposal to any email address other than valley.transit@appleton.org does not constitute receipt of a proposal by Valley Transit.

It is the Proposer's responsibility to verify that the emailed proposal has been timely received and delivered to Valley Transit before the due date and time above. Valley Transit is not responsible for late receipt of a proposal, regardless of the reason for the delay. Proof of transmission does not constitute proof of receipt. The Proposer is responsible for confirming that their emailed proposal response has been successfully received by Valley Transit. To confirm receipt, email Debra Ebben at debra.ebben@appleton.org prior to the due date.

Submittal by Mail Instructions:

If mailed, the proposal package should be addressed to the General Manager, c/o Valley Transit, 801 S. Whitman Ave., Appleton, WI 54914. On the outside of the envelope, the proposer should distinctly indicate the name and address of the firm and in the lower left corner should clearly indicate that the envelope contains a proposal for: “PROPOSAL FOR DOWNTOWN APPLETON TROLLEY SERVICE, RFP VT23-003.” The sealed package shall contain a USB flash drive storing the proposal files in PDF format. The cost proposal must be included as a separate PDF file (file name = “Cost Proposal”) on the USB flash drive. When mailed, a hard copy of proposal materials may be included, but it is not required. If mailed, receipt of a proposal by the mail system or other City departments does not constitute receipt of a proposal by Valley Transit.

Any proposal or proposal documents received after the deadline set forth in this RFP will not be considered. Submission of proposal documents by facsimile equipment will not be accepted. It is the proposer's sole responsibility to ensure that their entire proposal is timely and physically received by Valley Transit prior to the deadline set forth in this RFP. Any proposals not complying with these instructions will not be considered submitted to Valley Transit and shall be returned to the proposer unopened and unread.

Proposals may be withdrawn prior to the date/time set for proposal opening. Proposals may be modified or withdrawn by the proposer’s authorized representative in person, or by written

Valley Transit Page 14 notice. If proposals are modified or withdrawn in person, the authorized representative shall make his or her identity known and shall sign a receipt for the proposal. Written notices shall be received in the office where proposal was submitted no later than the exact date/time for proposal due data.

All formal proposals submitted shall be binding for sixty (60) calendar days following the submission date.

Valley Transit reserves the right to reject any or all proposals, to waive any informalities in the process, or to accept any proposal deemed in the best interests of the City of Appleton/Valley Transit.

Proposed Schedule

The following schedule provides information on events and deadlines for this proposal.

RFP Issued December 18, 2023 Last day for submitting written questions January 10, 2024 Email addenda to proposers, which includes answers to all questions submitted, supplements and/or revisions to RFP

January 12, 2024

Proposal submittal deadline (10:00 AM) January 26, 2024 Estimated contract award date March 29, 2024 Contract start date July 1, 2024

Written Questions & Addenda

All written questions to this RFP must be emailed to Traci Robinson at traci.robinson@appleton.org according to the schedule above. Only interpretations or corrections of the RFP made in writing by Valley Transit are binding. If referencing specific RFP language, please include page number and section heading.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, addenda will be provided to all known recipients of this initial RFP. To ensure all supplemental information (if available) regarding the initial RFP is shared, interested parties should email their contact info to Traci Robinson at traci.robinson@appleton.org before January 10, 2024.

Proposal Selection

Proposals will not be publicly opened. All proposals and evaluations will be kept strictly confidential, as allowed by law, throughout the evaluation, negotiations and selection process.

Proposals will be initially reviewed to determine if mandatory requirements are met. Failure to meet mandatory requirements may result in the proposal being rejected. Valley Transit reserves the right to reject in whole or in part, any and all proposals, to waive any informalities, and to accept the proposal determined to be in the best interest of Valley Transit.

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Accepted Proposals will be reviewed by an Evaluation Committee. Those Proposals which are judged by the Evaluation Committee to be the strongest will be short-listed (also known as the competitive range). The short-listed proposals will be advanced in the process, which could include an interview.

Based on the evaluation of the written proposal, additional information may be required to clarify or confirm proposal information. Additional information obtained may be of any or all of the following: reference reviews, proposer interview and product demonstration. If additional information is needed via interview, Valley Transit will make every reasonable attempt for scheduling at a time and location that is agreeable to the proposer. Failure of a proposer to fulfill or accommodate additional information requests may result in rejection of that proposer’s proposal.

Valley Transit may request a best and final offer from proposals in the competitive range. The competitive range is determined by the evaluation committee.

If only one proposal is received and accepted in response to this solicitation, additional information may be requested of the single proposer to determine if the cost proposed is fair and reasonable or if a negotiation is required.

Award of the contract shall be made to the most responsive and responsible proposer whose proposal meets the specifications and provides the greatest overall benefit (best value) to Valley Transit.

Evaluation Criteria

The following five criteria are listed in priority order and will be used to evaluate the information submitted in each proposal.

Experience & Professional Competence –The extent to which the firm has demonstrated competence in performing similar work and/or the extent of former client satisfaction.

Capacity & Technical Approach – The extent to which the firm has the ability to provide the personnel, training, equipment/vehicles and local facilities to perform the scope of work.

Proposal – The extent to which the firm’s proposal is complete and demonstrates a thorough understanding of the scope of the undertaking and its contribution to the transit system.

Price – The competitiveness of price.

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*Since each proposal could include varying cost adjustments in years 2 & 3 of the contract, each cost proposal’s rates and other adjustments will be entered into a spreadsheet that determines the annualized cost of the proposal.

If only one proposal is received in response to the request for proposals, additional information may be requested of the single proposer to determine if the cost proposed is fair and reasonable or if a negotiation is required.

Protest Procedure

Applicability.

These protest procedures apply to all Valley Transit formal competitive procurements (RFPs, RFQs and IFBs), unless different procedures are included in the procurement documents.

Procurements that intend to utilize the protest procedures set forth herein should include a reference to these procedures. As used in this section, an “interested party” is any person or entity that has timely submitted a bid or proposal in response to a formal procurement. Protests may only be filed by an interested party.

Guidelines for Protests.

Strict compliance. Strict compliance with the protest procedures is required. No statement by Valley Transit employees, officers, or agents will modify or otherwise alter the protest procedures.

Only Valley Transit’s governing boards are authorized to modify these procedures, or the protest procedures set forth in the applicable procurement documents.

Exhaustion of Remedies Required Prior to Pursuing Protest with Federal Funding Agency or any legal action in any court or tribunal. The protest procedures are intended to constitute administrative remedies that must be exhausted prior to an interested party commencing any legal action or requesting review by any applicable federal funding agency.

Deadline. Protests must be filed promptly after the basis for the protest is known, but no later than:

Protests relating to the procurement solicitation must be submitted in writing no later than five (5) working days from the date of the first published advertisement.

Protests relating to the evaluation process must be submitted in writing no later than five

(5) working days from the postmarked date of written evaluation correspondence sent by the General Manager to the Contractor.

Protest relating to the award must be submitted in writing no later than five (5) working days from the date of the award.

Protests relating to post-award issues must be submitted in writing no later than five (5) working days from the date that the protestor verbalizes the concern to the General Manager.

Requests for reconsideration (if data becomes available that was not previously known, or there has been an error of law or regulation) or appeal to a higher level must be submitted in writing no later than seven (7) working days from the date of the initial determination.

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Contents Of Protest. Protests must clearly identify the interested party and the procurement involved in the protest. Protests must completely and succinctly state each and every ground for protest in detail, its legal authority for each protest allegation, and the factual basis for such protest. The protest must include all factual and legal documentation in sufficient detail to establish the merits of the protest. Items that are not included in a protest shall be deemed waived and uncontested.

Filing Of Protest. Protests must be delivered to the Valley Transit offices during normal business hours (but in no event later than 5:00 p.m.) on or before the applicable deadline. Protests must be directed to the attention of the General Manager of Valley Transit.

Resolution. Protests will be decided on the basis of written submissions and any other fact finding determined necessary or appropriate by Valley Transit. Valley Transit may establish a protest evaluation team, and may consult with its legal counsel.

General Manager Response. Upon receipt of a written protest, the General Manager will meet with the protestor within five (5) working days and attempt to resolve the matter informally. If information provided at the conference is to be considered in the protest decision it must be submitted in writing within three (3) days of the conference. The General Manager will respond in writing within five (5) working days of the meeting to each substantive issue raised in the written protest.

If the protestor is not satisfied and indicates an intention to appeal to the next step, the General Manager will temporarily suspend the procurement process, provided that the protest has been timely filed before award, unless it is determined that:

The items to be procured are urgently required;

Delivery or performance will be unduly delayed by failure to make the award promptly; or Failure to make prompt award will otherwise cause harm to Valley Transit.

Each prospective Contractor will be advised of the pending protest if the protest is filed before award.

Decision On Protest. The General Manager will issue a written decision regarding the protest within thirty (30) days after the filing of the detailed statement of protest.

Local Appeal Procedure. If the protestor makes a timely appeal of the General Manager’s decision the matter will be forwarded to the Fox Cities Transit Commission (FCTC) for their review.

The protestor will be notified in writing of the date that the appeal will be heard. The recommendation of the FCTC will then be forwarded to the Appleton Common Council for ultimate local disposition of the protest.

FTA Funded Procurements. When the protest involves an FTA funded procurement, the contract administrator will disclose information regarding the protest to FTA, and will keep the FTA informed about the status of the protest. If the protest alleges that Valley Transit has failed to follow its written bid protest procedures, the protestor may ask that FTA review the protest in accordance with FTA C4220.1F. The protester must deliver its appeal to the FTA Regional

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Administrator for the region administering its project or the FTA Associate Administrator for the program office administering its project within five (5) working days of the date when the protester has received actual or constructive notice of Valley Transit’s final decision. The FTA will generally limit its review of protests to those situations where a grantee, (i) does not have protest procedures, (ii) has not complied with its protest procedures, or (iii) has not reviewed a protest when given the opportunity to do so, or in cases of violations or federal law or regulation.

Written Proposal Response

Proposers shall respond to the following within their proposal. Each proposal shall limit their proposal to these elements and maintain the same order in their response:

1. Provide the name of your business/organization, address, telephone number, email address and legal status of business (Sole proprietor, For-profit corporation or joint venture corporation, For-profit partnership, Non-profit corporation, Public agency, or Other/Identify).

2. Provide the name of the Chief Executive Officer (or Administrator) of business/organization.

3. Provide the name of individual designated to represent the organization in subsequent discussions or negotiations related to this RFP. Include name, title, telephone number & email address

4. Provide key employee’s name and experience.

5. Provide a complete list of all bus operations contracts the firm has had within the last three years. For each organization, please include Agency Name, Contact Person, Phone Number, Address and Years of Experience. Please note: Valley Transit may check references outside of the submitted list.

6. Have any of your transportation contracts been canceled or suspended due to inability to comply with the terms of the agreements? If yes, describe why each agreement was canceled or suspended.

7. List the vehicles to be used to provide the service described in this RFP in a table. Please indicate primary vehicle and spares. For each vehicle include manufacturer and model, model year, current mileage and seating capacity. Specify the manner in which disabled passengers in wheelchairs are to be secured. Describe onboard wheelchair securement system for each vehicle proposed.

8. Describe the vehicle maintenance program presently utilized by your organization.

Describe both preventive and corrective maintenance programs. Note which activities are performed directly by your organization and which activities are subcontracted.

9. Describe procedure for vehicle replacement related to failure. What is the response time for revenue vehicle replacement?

10. Describe how the interior and exterior cleanliness of vehicles will be maintained.

11. Describe the location of resources and facilities to be used under this contract. Where will the main office, key employee, maintenance, driver training, vehicle storage, etc. be located?

12. Provide the estimated number of employees by job category (driver, dispatcher, mechanic, trainer, supervisor, etc.) that will be utilized to implement this service. Include the functions and responsibilities of each job category.

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13. Describe your driver screening and selection policy. What will be the minimum criteria for hiring drivers? What training will be provided to newly hired drivers? What refresher or continual training is provided to existing drivers? Provide image of proposed driver uniform.

14. How will the proposer ensure that all personnel (drivers, dispatch, and supervisors) are knowledgeable of the services and uniformly enforcing Valley Transit policies?

15. Describe how the proposer will monitor the daily performance of the service and employees to ensure customer satisfaction. Include who will monitor it.

16. Describe your procedures to handle challenging behaviors exhibited by riders.

17. Does your firm currently have a Drug and Alcohol testing program that complies with FTA requirements? If yes, describe your existing program and include your current policy.

Attach info and/or documentation if necessary. If no, describe your plan to develop and implement a compliant program prior to the contract start date.

18. List any proposal modifications for us to consider that would lower your cost per trip.

19. Briefly describe any additional information or value-added capabilities that you believe may be relevant to the evaluation of your organization’s proposal.

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Cost Proposal Form

The proposer may recreate the form below, but must maintain the exact content in the same order.

The proposal price shall be based on a fixed rate per one-way trip. The chart below includes the fixed rate for the first year of the contract (June-September 2024 operating season). No adjustments will be made to the year-one per revenue hour rate. The rate shall include all costs necessary to fully complete the contract.

Cost per Revenue Hour

Downtown Appleton Trolley Service $

Please list any rate adjustment below applicable after contract year-one (attach details, if needed):

If the firm has any alternative ideas that would reduce the cost of the proposed project, please attach an explanation of your proposed alternative with costs to this form.

By submission of this proposal, each Contractor and each person signing on behalf of the Contractor certifies, and in the case of a joint proposal, each party certifies as to its own organization, under penalty of perjury, that to the best of knowledge and behalf: (1) The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition as to any other matter relating to such prices with any other proposer or with any other competitor; (2) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Contractor and will not knowingly be disclosed by the Contractor prior to opening, directly or indirectly, to any other proposer or to any competitor; and (3) No attempt has been made or will be made by the Contractor to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition.

Firm Name:

Name & Title:

Authorized Signature:

Date:

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Lobbying Certification

The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions [as amended by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

If the undersigned is required to complete and submit Standard Form--LLL, “Disclosure Form to Report Lobbying” (see #2 above), please include Standard Form—LL with this proposal submittal.

____________________________ Signature of Contractor’s Authorized Official

____________________________ Name and Title of Contractor’s Authorized Official

____________________________ Date

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APPENDIX 1 – FEDERAL CONTRACT CLAUSES

The following clauses will be attached to the awarded proposer’s contract.

No Obligation by the Federal Government

(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, 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 the Federal Transit Administration (FTA). It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

Program fraud and false or fraudulent statements and related acts 31 U.S.C. 3801 et seq.

49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307

(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

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

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

49 CFR 633.17

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

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2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.