Bloomington Public Transportation Corporation

Transcription

1 Bloomington Public Transportation Corporation Request for Proposals Maintenance/Operations Facility Preventative Maintenance Program and Technical Support October 5, 2018 Bloomington Public Transportation Corporation 130 West Grimes Lane Bloomington, Indiana 47403

2 1. NOTICE TO PROPOSERS REQUESTS FOR PROPOSALS BUILDING AND FACILITY PREVENTATIVE MAINTENANCE PROGRAM Proposals will be received by the Bloomington Public Transportation Corporation (hereafter BPTC) for the provision of professional services in the form of a Building and Facility Preventative Maintenance Program and Technical Support. Such proposals shall be received by BPTC, 130 W. Grimes Lane, Bloomington, Indiana, 47403, until 4:00 P.M. local time, on November 9, 2018, at which time and place all proposals will be publicly opened. The Request for Proposals (RFP) document can be obtained at the above address. Any requests for exceptions to the Request for Proposals document must be received by BPTC by October 26, 2018, at 4:00 p.m., local time. Such requests for deviation shall be subject to approval of the BPTC. Otherwise, it shall be construed that items offered are in strict compliance with the Request for Proposals documents and the successful offeror will be held responsible for meeting all aspects of the RFP. The BPTC reserves the following rights: to waive clarifications and exceptions in awarding a contract in the best interest of the BPTC, to accept or reject any or all proposals, to waive any or all irregularities, and to award the contract to the responsive and responsible offeror whose proposal is determined by the BPTC to be in its best interest. Bloomington Public Transportation Corporation 2

3 2. INTRODUCTION The Bloomington Public Transportation Corporation (BPTC) is an independent public corporation established under Indiana law. BPTC provides fixed route and demand response transit service to the City of Bloomington. BPTC operates out of a modern facility located at 130 W. Grimes Lane in Bloomington, Indiana. The facility is shared by Indiana University Campus Bus and the BPTC. Together, IU Campus Bus and BPTC operate a fleet of over 70 buses and vans maintained and stored at this facility. BPTC owns the facility and IU owns the land. BPTC contracts with an independent contractor to provide facility preventative maintenance services and technical support. The $6.25 million facility opened in the spring of 1997 and has approximately 70,000 square feet under roof including the bus storage area. Features of the facility include the following: Nine (9) vehicle service bays with overhead doors Two (2) wash bays with four (4) overhead doors Four (4) hydraulic vehicle hoists (lifts) Two (2) vehicle service pits Fire alarm and suppression system Quincy Air Compressor & Dryer Ingersol Rand Air Compressor & Dryer Trane Air Conditioning Unit (2 Circuit) Trane Air Handler Unit (7.5 hsp) One (1) Cleaver Brooks Boiler One (1) Crest Boiler State Hot Water Boiler (gas) AO Smith Hot Water Boiler (electric) Four (4) Bell & Gossett Pumps Twelve (12) VAV Boxes Thirteen (13) Exhaust Fans Twenty-six (26) Propeller UH s Four (4) Fan Coil UH s Six VFD Drives Trane Forced Air Furnace Trane Rooftop A/C Unit Backflow Preventers Water Treatment System Automatic Bus Washer Bus Washer Water Softener System Bus Vacuum System Emergency Generator 3

4 3. SCOPE OF WORK General. The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified firms capable of providing a comprehensive preventative maintenance program and technical support program for the Maintenance/Operations Facility of the Bloomington Public Transportation Corporation (BPTC) located at 130 W. Grimes Lane, Bloomington, Indiana. Preventative Maintenance Program. The successful proposer shall coordinate most preventative maintenance services on the buildings, systems, and equipment indicated within this RFP and act as the single point of contact for the facility on behalf of BPTC and Indiana University Campus Bus Service. The successful proposer shall provide a Project Manager to coordinate the ongoing maintenance of all systems and act as a consultant on all building systems maintenance issues. In order to reduce costs, the BPTC and the Indiana University Campus Bus Service shall purchase some material and services directly from outside vendors or service providers. In some cases, the successful proposer may coordinate these responsibilities for the Maintenance/Operations Facility. The particulars of the base services and materials that are covered as a part of the preventative maintenance program are summarized in the Facility Maintenance Plan as attached in Exhibit A. The successful proposer shall follow the Facility Maintenance Plan and perform all the preventative maintenance program services and tasks as identified in the Plan Technical Support Program. The successful proposer shall cooperatively work with BPTC to review, analyze, and identify practical solutions to facility maintenance issues and problems. In some cases, BPTC may use the successful proposer to perform services above and beyond the scope of the preventative maintenance program. The successful proposer shall provide emergency corrective repairs to the BPTC facility upon request, 24 hours per day, seven days a week, 365 days per year as part of the Technical Support Program. Documentation of Services. Documentation of all services performed is an essential element of this project. The successful proposer shall provide BPTC with complete and well organized documentation of all services performed including a description of the preventative maintenance activities or corrective repairs performed, labor hours, materials used, date services performed, name of the person performing the work for the contractor, and shall present such documentation to the BPTC General Manager or his designee for review and approval. Such documentation shall be maintained by the successful proposer in binders and chronologically organized consistent with the tasks and schedule outlined in the Facility Maintenance Plan in Exhibit A. The documentation shall be kept up-to- 4

5 date by the successful proposer and shall allow BPTC staff to very easily and quickly monitor the successful proposer s timeliness in adhering to the preventative maintenance schedule. The documentation must be detailed and thorough in describing all activities and tasks performed. Preventative maintenance task sheets for features and equipment included in the facility are included in Exhibit B. Tasks sheets included in Exhibit B demonstrate examples of the services to be performed. Regular Communication. The successful proposer s project manager will meet at least every six months with the BPTC General Manager and IU Campus Bus Operations and/or their designee(s). The successful proposer s project manager shall coordinate with the parties to arrange the date and time of each quarterly meeting. Topics for typical meetings shall include updates on the preventative maintenance program and the timeliness of the successful proposer in competing scheduled activities and tasks, status of preventative maintenance documentation, and any other issues that may require discussion. Project Schedule. The following is the projected schedule for procurement, award, and implementation: Estimated Date October 5, 2018 October 19, 2018 October 26, 2018 November 2, 2018 November 9, 2018 November 20, 2018 December 1, 2018 Project Milestone Issuance of Request for Proposals Pre-Proposal Meeting, 10:00am, local time Request for Exceptions, Deviations, or Approved Equals Due to BPTC by 4:00 p.m., local time. Responses Issued to Prospective Proposers by BPTC on Requests for Exceptions, Deviations, or Approved Equals. Proposals Due to BPTC by 4:00 p.m., local time. Selection of Contractor (contract award) by BPTC. Implementation by Selected Contractor. Contract Term. Term of this contract shall be for three (3) years with a BPTC option for three (3) additional one (1) year extensions. BPTC shall have sole discretion in the exercising of any options. 4. PRE-PROPOSAL MEETING An optional pre-proposal meeting will be held on October 19, 2018 at 10:00 a.m., local time, in the conference room at the BPTC offices located at 130 W. Grimes Lane in 5

6 Bloomington, Indiana. The purpose of the pre-proposal conference is to receive questions and comments regarding this RFP and scope of work. Prospective proposers who are unable to attend the pre-proposal conference may submit questions in writing to the General Manager, to be received by 10:00 a.m., local time, on October 19, A response to the pre-proposal conference questions and other questions received in writing will be sent to all parties as an addendum to the RFP. 5. DEVIATIONS, APPROVED EQUALS, AND EXCEPTIONS Requests for deviations, approved equals or exceptions to the Request for Proposals and/or Scope of Work must be received by BPTC, in writing, using the attached "Deviation, Approved Equal, Exceptions Request Form" (see Exhibit C), not later than October 26, 2018, 4:00 p.m., local time. Any such request must be fully supported with technical data or other pertinent information as evidence to support that such exception is equal or superior to the specification requirement. BPTC shall notify in writing those firms submitting such requests of their specific acceptance or rejection, item by item, by November 2, If formal requests for deviations, approved equals, or exceptions are not received in writing by October 26, 2018, 4:00 p.m., local time, submitted proposals will be interpreted to comply with, and meet exactly the BPTC RFP and Scope of Work. 6. INSTRUCTIONS TO PROPOSERS Proposals shall contain information that is relevant and demonstrates the proposer s capabilities to successfully undertake the project. Proposers are responsible for meeting all terms and conditions described in this Request for Proposals (RFP), the Scope of Work, and the attached Facility Maintenance Plan as shown in Exhibit A. Proposers should endeavor to limit proposals to about twenty-five (25) pages or less. An original and four (4) copies of the proposals shall be provided. For proposals to be accepted as responsive, the following items shall be included in all proposals: A. Preventative Maintenance Program Cost Proposal Proposers shall submit a complete base cost proposal that outlines the annual cost of the proposer s base services to be performed in complete accordance with the Facility Maintenance Plan included in this RFP as part of this project for three (3) years plus options for three (3) one year extensions. In addition, proposers shall submit a schedule of costs for corrective repair services to be performed above and beyond the scope of this RFP. Proposer must fully complete, sign, and date their cost proposal. Proposers shall include all project costs within the cost proposal. Any deviations or exceptions made by a proposer to the Scope of Work included in this RFP and not approved by BPTC in advance may render the proposer s cost proposal as non-responsive. Proposers may, in addition to their base cost proposal, submit optional cost alternative proposals that BPTC may consider. Such alternative cost proposals may include services and products not provided in the base cost 6

7 proposal. BPTC reserves the right not to exercise options for any items included in any alternative cost proposals. B. Description of Firm s Capabilities and Experience Proposals shall include a description of the organization or firm including its legal status, authority and or licenses to operate. The description shall include the major business functions, history, and organizational structure including location of firm s headquarters and major offices, management organization with names and locations of managing director(s) for this project. The description shall include a list of current and past clients for which similar services have been provided. Such client list shall include the client organization name, address, contact person, telephone number, address proposer s responsibilities for the client, and years that service was provided. C. Description of the Proposed Facility Maintenance Program The proposer shall submit a detailed facility maintenance program that meets or exceeds the services and tasks identified in the Facility Maintenance Plan in Exhibit A. The program shall outline what services and materials are included as part of the overall scope and what services and materials are not included. A preventative maintenance schedule shall be included that illustrates the various tasks to be performed and when such tasks would be performed. D. Description of the Proposed Program to Document All Services Provided Proposers shall describe their proposed program to document all services provided as part of this project. Such program shall go into detail to describe the documentation to be provided, how it will be organized, and the information contained within the documentation. Proposers shall identify by name and title the person responsible for maintaining project binder and documentation. E. Description of Proposed Financial, Management, and Technical Resources Proposals shall include a description of the firm s financial resources and history of financial stability. Proposer may demonstrate financial stability by providing financial statements and/or audits including an income statement and balance sheet, supplemented if necessary by evidence of credit line or other resources to demonstrate financial capacity to successfully undertake the project. In addition, the proposal shall include a description of its management plan indicating how it proposes to successfully manage the project including technical resources. F. Description of the Firm s Personnel to Be Assigned to the Project Proposals shall include a description of experience and qualifications of the personnel assigned to participate in the project detailing the positions and the number of employees in each position. In addition, the proposal shall identify by name and describe the experience and qualifications through use of a 7

8 resume for individuals assigned locally as the project manager and any mechanics or technicians expected to regularly perform preventative maintenance functions. G. Description of the Proposed Program to Maintain Regular Communication Proposers shall describe their proposed program to maintain regular communication with BPTC including regular meetings every six months and any other mechanisms to maintain contact. 7. IDENTIFICATION REQUIREMENTS FOR PROPOSALS Proposals shall be received no later than 4:00 p.m., local time, November 9, 2018 at the offices of the Bloomington Public Transportation Corporation, 130 W. Grimes Lane, Bloomington, Indiana, Each package or envelope containing proposals shall bear the following caption: BPTC General Manager Bloomington Public Transportation Corporation 130 W. Grimes Lane Bloomington, IN Proposal for Facility Maintenance Program Proposal Opening Date: November 9, 2018, 4:00 p.m., local time. 8. ADDENDUM Any change in the conditions or terms of this RFP will be accomplished by written addendum sent to prospective proposers. All such addenda shall become part of the contract. 9. RIGHTS OF REJECTION The BPTC reserves the right to postpone the proposal opening date for its own convenience and to reject any or all proposals for any reason. The BPTC also reserves the right to reject all proposals and exercise an existing one year contract option with the firm that has the current contract for providing services. 10. RESPONSIVE PROPOSERS The BPTC Board Chair shall determine if each proposer is responsive. The responsiveness of each proposer shall be determined by its conformance to the scope of work, instructions to proposers, and legal requirements of the RFP. Any proposer that 8

9 fails to conform to the essential requirements of the RFP shall be deemed non-responsive, and accordingly rejected. 11. RESPONSIBLE PROPOSERS The BPTC Board Chair shall determine if each proposer is responsible. BPTC shall award contracts only to responsible proposers who possess the potential to perform successfully under the terms and conditions of the Request for Proposals. Consideration shall be given to such matters as proposer integrity, record of past performance, and accessibility to financial and technical resources. The proposer shall affirmatively demonstrate its responsibility and, when necessary, the responsibility of any proposed subcontractors. If information obtained by BPTC clearly indicates that the proposer is not responsible and BPTC has doubts about the productive capacity or financial strength of a proposer which cannot be resolved affirmatively, a determination that the proposer is non-responsible shall be rendered. 12. WITHDRAWING PROPOSALS After proposals are opened by BPTC, the proposer may not withdraw proposals for sixty (60) calendar days. However, prior to the date/time set for the proposal opening, proposals may be modified or withdrawn by the proposer s authorized representative in person, or by written notice. If proposals are modified or withdrawn in person, the authorized representative shall make his identity known and shall sign a receipt for the proposal. Written notices shall be received in the BPTC s General Offices no later than the exact date/time for proposal opening. 13. COMMUNICATIONS WITH PROPOSERS After release of the RFP, all communication must be in writing to the BPTC General Manager. The BPTC General Manager s written response will be sent to all proposers and prospective proposers. 14. ERRORS IN PROPOSALS Proposers or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and scope of work before submitting proposals. Failure to do so shall be at the proposer's own risk and he/she cannot secure relief on the plea of errors. 15. BASIS OF EVALUATION AND CONTRACT AWARD 9

10 Proposals shall be scored by an evaluation committee possibly consisting of BPTC staff, IU Campus Bus staff, and/or BPTC Board members based on the evaluation criteria and point values shown in the following: Evaluation Criteria Point Value A. Cost 300 B. Capability and experience of the firm in providing facility 100 preventative maintenance and corrective repair services. C. Quality and adequacy of proposer s facility preventative 300 maintenance program. D. Quality and adequacy of the proposed program to document all 300 services provided. E. Quality and adequacy of financial, managerial and technical 100 resources to successfully carry out the required services. F. Capability and experience of personnel to be assigned to the 300 project. G. Quality and adequacy of the proposed program to maintain regular 100 communication with BPTC. Total 1,500 The BPTC reserves the right to preliminarily score proposals and interview finalists prior to final scoring of proposals. The BPTC assumes no liability for any costs incurred by any individuals or firms responding to this RFP or participating in any interviews. A contract shall be awarded to the responsible proposer whose proposal is most advantageous to the BPTC, with cost and other factors considered. 16. FINANCIAL STATEMENTS Proposers may be requested to submit financial statements to demonstrate that the proposer is financially responsible to receive the award. 17. TAXES BPTC is exempt from payment of federal, state, and local taxes. As such, taxes shall not be included in proposal prices. BPTC shall furnish the necessary tax exemption certificates. 18. TIMELY COMPLETION All proposers by virtue of submitting a proposal agree to meet the project schedule as included in the Scope of Work of this RFP. 19. ASSIGNMENT OF CONTRACT 10

11 This contract may not be assigned in whole or in part without the written consent of BPTC. 20. SUBCONTRACTING Subcontracting to other firms, corporations, partnerships, agencies, or individuals for the actual provision of services is not allowed without the advanced written approval of the BPTC. Proposers shall include any proposed subcontractors in their proposal. 21. APPLICABLE LAW AND VENUE The work performed by the successful proposer in response to this RFP shall be in compliance with all applicable Federal, state and local laws and their respective rules and regulations. This compliance shall be at the successful proposer's expense. Venue for any legal action arising out of this contract and between the parties hereto shall be exclusively in Monroe County, Indiana. 22. INDEMNIFICATION The selected firm shall indemnify and hold harmless the Bloomington Public Transportation Corporation, as well as any of its agents, officials, and employees, from all claims, demands, actions, liabilities, losses, suits, judgments, costs, and expenses, which may directly or indirectly arise from, or be incurred as a result of the firm's acts or omissions, including acts or omissions of its employees, servants, and agents. The BPTC will give prompt notice of any suits or claims instituted and will give all needed information to the firm for defending itself through counsel. 23. PROTEST PROCEDURES Protests may be made by prospective proposers or proposers whose direct economic interests would be affected by the award of a contract or by failure to award a contract. BPTC will consider all protests requested in a timely manner regarding the award of a contract, whether submitted before or after an award. All protests are to be submitted in writing to the Bloomington Public Transportation Corporation, 130 W. Grimes Lane, Bloomington, Indiana, Protest submissions shall be concise, logically arranged, and clearly state the grounds for the protest. Protest submissions shall be concise, logically arranged, and clearly state the grounds for the protest. Protests must include at least the following information: A. Name, address, and telephone number of the protester; 11

12 B. Identification of the solicitation or contract which the protest concerns; C. A detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; D. A statement as to what relief is requested; Protests must be submitted to BPTC in accordance with these procedures and the time requirements listed herein. For the purpose of this section, the following definitions shall apply: DAYS: Refers to calendar days FILE OR SUBMIT: Refers to the date of receipt by BPTC INTERESTED PARTY BY BPTC: Refers to an actual or prospective bidder, or offeror, whose direct economic interest would be affected by the award of the contract, or by failure to award the contract. May also include a subcontractor or supplier, provided they have a substantial economic interest in a portion of the RFP. FEDERAL LAW OR REGULATION: The violation of any valid requirement imposed by Federal statute or regulation governing contracts awarded pursuant to a grant agreement. This includes the requirements as stated in FTA C4220.1F and any subsequent updates. Oral protests not followed up by a written protest will be disregarded. The General Manager may request additional information from the appealing party and information or a response from other bidders, which shall likewise be submitted in writing to the General Manager not later than five (5) days from the date of BPTC's request. So far as practicable, appeals will be decided upon the basis of the written appeal, information, and written response submitted by the appealing party and other bidders; all parties are urged to make written submissions as complete as possible. Failure of any party to timely respond to a request for information will be deemed by BPTC that such party does not desire to participate in the proceeding, does not contest the matter, or does not desire to submit a response; and, in such event, the protest will proceed and will not be delayed due to the lack of a response. Upon receipt and review of written submissions and any independent evaluation deemed appropriate by BPTC, the General Manager shall either (a) render a decision on all substantive issues, or (b) at the sole election of the General Manager, conduct an informal hearing at which the interested participating parties will be afforded an opportunity to present their respective positions and facts, documents, justification, and technical information in support thereof. Following the informal hearing, the General Manager shall render a decision on all substantive issues, which shall be final and advise all interested parties thereof in writing, but no later than ten (10) days from the date of the informal hearing. 12

13 The decision to open a bid or award a contract prior to the resolution of a protest rests with BPTC. However, on any protest that is accepted by FTA, an adverse decision on the protest by FTA could jeopardize funding for that procurement action. Pre-Proposal Opening. Protests alleging restrictive specifications or improprieties which are apparent prior to proposal opening or receipt of proposals must be submitted in writing to the General Manager and must be received seven (7) days prior to proposal opening or closing date for receipt of proposals. If the written protest is not received by the time specified, proposals may be received and award may be made in the normal manner, unless the General Manager determines that remedial action is required. Where a written protest against the opening of a proposal is received in the time specified, that opening will not occur prior to seven (7) days after resolution of the protest unless BPTC determines that: The items to be procured are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; or Failure to make award will otherwise cause undue harm to BPTC or the Federal Government; and If FTA funds are involved, BPTC is willing to pay all the cost of the project if FTA decides not to participate in funding the project. Pre-Award. Protests against the making of an award must be submitted in writing to the General Manager and received by the General Manager within seven (7) days of the proposal opening. Notice of the protest, and the basis therefore, will be given to all prospective proposers. In addition, when a protest against the making of an award is received and it is determined to withhold the award pending disposition of the protest, the proposers whose proposals might become eligible for award shall be requested, before expiration of the time for acceptance, to extend or withdraw their bid. Where a written protest against the making of an award is received in the time specified, award will not be made prior to seven (7) days after resolution of the protest unless BPTC determines that: The items to be procured are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; or Failure to make award will otherwise cause undue harm to BPTC or the Federal Government; and 13

14 If FTA funds are involved, BPTC is willing to pay all the cost of the project if FTA decides not to participate in funding the project. Post-Award. In instances where the award has been made, the contractor shall be furnished with the notice of the protest and the basis therefore. If the contractor has not executed the contract as of the date the protest is received by BPTC, the execution of the contract will not be made prior to seven (7) days after resolution of the protest, unless BPTC determines that: The items to be procured are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; or Failure to make award will otherwise cause undue harm to BPTC or the Federal Government; and If FTA funds are involved, BPTC is willing to pay all the cost of the project if FTA decides not to participate in funding the project. Appeals. Appeals and requests for reconsideration of the determination of the General Manager of protests under sections involving Pre-Bid Opening, Pre-Award, and Post- Award must be submitted to the Appeals Committee and received within seven (7) days after the date of the written determination by the General Manager. The Appeals Committee shall be a committee of the Board of Directors with members appointed by the Chairman of the Board of Directors. The Appeals Committee may request additional information from the appealing party and information or a response from other bidders, which shall likewise be submitted in writing to the Appeals Committee. The Appeals Committee may request additional information from the appealing party and information or a response from other bidders, which shall likewise be submitted in writing to the Appeals Committee not later than ten (10) days from the date of BPTC's request. So far as practicable, appeals will be decided upon the basis of the written appeal, information, and written response submitted by the appealing party and other bidders; all parties are urged to make written submissions as complete as possible. Failure of any party to timely respond to a request for information will be deemed by BPTC that such party does not desire to participate in the proceeding, does not contest the matter, or does not desire to submit a response; and, in such event, the appeal will proceed and will not be delayed due to the lack of a response. Upon receipt and review of written submissions and any independent investigation deemed appropriate by BPTC, the Appeals Committee shall either (a) render a decision, or (b) at the sole election of the Appeals Committee, conduct an informal hearing at which the interested participating parties will be afforded an opportunity to present their respective positions and facts, documents, justification, and technical information in support thereof. Parties may, but are not required to, be represented by counsel at the informal hearing, which will not be subject to formal rules of evidence of procedures. Following the informal hearing, the Appeals Committee shall 14

15 render a decision, which shall be final and advise all interested parties thereof in writing, but no later than ten (10) days from the date of the informal hearing. Protests to Federal Transit Administration (FTA). Under certain limited circumstances, an interested party may protest to FTA the award of a contract pursuant to an FTA grant. FTA's review of any protest will be limited to: Alleged failure by BPTC to have written protest procedures or alleged failure to follow such procedures; Alleged violations of specific Federal requirement that provides an applicable complaint procedure shall be submitted and processed in accordance with that Federal regulation. Protesters shall file a protest with FTA not later than five (5) Federal working days after a final decision is rendered under the BPTC protest procedure. In instances where the protester alleges that BPTC failed to make a final determination on the protest, the protester shall file a complaint with FTA no later than five (5) Federal working days after the protester knew, or should have known, of BPTC' failure to render a final determination on the protest. Protests should be filed with the appropriate FTA Regional Office with a concurrent copy to BPTC. The protest filed with FTA shall: Include the name and address of the protester; Identify BPTC project which the protest concerns; Contain a statement of the grounds for the protest and any supporting documentation. This should detail the alleged failure to follow protest procedures or the alleged failure to have procedures and fully supported to the extent possible; and Include a copy of the local protest filed with BPTC and a copy of the BPTC decision, if any. When a protest has been timely filed with FTA before award, BPTC shall not make an award prior to five (5) Federal working days after the resolution of the protest, unless BPTC determines 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 undue harm to the grantee or the Federal Government; and 15

16 BPTC is willing to pay all cost of the project if FTA decides not to participate in funding the project. In the event that BPTC determines that the award is to be made during the five (5) Federal working day period following the local protest decision or while a protests pending, BPTC shall notify FTA prior to making such award. FTA will not review the sufficiency of BPTC's determination to award during the pendency of a protest prior to FTA's bid protest decision. FTA reserves the right not to participate in the funding of any contract awarded while a protest is pending. After five (5) Federal working days, BPTC shall confirm with FTA that FTA has not received a protest on the contract in question. 16

17 Appendix A: Required Clauses With submission of a proposal, proposers shall agree to all of the requirements summarized in the following required clauses: Access to Records and Reports - (1) The Contractor agrees to permit any of the following parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed: BPTC, FTA, the Comptroller General of the United States or any of their authorized representatives, the Secretary of Transportation of the United States or any of their authorized representatives, and the Indiana State Board of Accounts. (2) - The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three 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 Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 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 Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Contract Work Hours and Safety Standards - (1) The contractor agrees to comply with applicable provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC ) as supplemented by Department of Labor regulations 29 CFR, Part 5.5. Compliance with the provisions of this article by all levels of subcontractors will be the responsibility of the contractor. 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, 17

18 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. Program Fraud and False or Fraudulent Statements or Related Acts - (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C 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 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. Termination for Convenience -The BPTC may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government'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 the BPTC to be paid the Contractor. If the Contractor has any property in its possession belonging to the BPTC, the Contractor will account for the same, and dispose of it in the manner the BPTC directs. Termination for Default - 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 18

19 perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the BPTC 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 the BPTC that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the BPTC, 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. If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the BPTC may terminate this contract for default. The BPTC shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. 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 the BPTC. Opportunity to Cure - The BPTC 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 the BPTC's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor or written notice from the BPTC setting forth the nature of said breach or default, the BPTC 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 the BPTC from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach - In the event that the BPTC elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the BPTC shall not limit BPTC's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Termination for Convenience - The BPTC, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is 19

20 terminated, the BPTC shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the Chairman for the BPTC. 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 BPTC Chairman. 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 BPTC Chairman shall be binding upon the Contractor and the Contractor shall abide be the decision. Unless otherwise directed by the BPTC, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the BPTC is located. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the BPTC or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Civil Rights - 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 , 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: 20

21 (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 , "Equal Employment Opportunity," as amended by Executive Order No , "Amending Executive Order 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 , 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. Disadvantaged Business Enterprise In connection with the performance of this contract, the successful proposer agrees to cooperate with BPTC in meeting its commitments and goals with regard to maximum utilization of Disadvantaged Business Enterprises (DBE). The policy and obligations for maximum utilization of DBE s are herein set forth: (a) Policy It is the policy of the Department of Transportation that Disadvantaged Business Enterprises, as defined in 49 CFR, Part 26, shall have the maximum opportunity 21

22 to participate in the performance of contracts financed in whole or part with Federal funds. Consequently, the DBE requirements of 49 CFR, Part 26 apply to this contract. (b) DBE Obligation BPTC or its contractor aggress to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR, Part 26, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this contract. In this regard, BPTC or its contractors shall take all necessary and reasonable steps in accordance with 49 CFR, Part 26, to ensure that DBE s have the maximum opportunity to compete for and to perform contracts. BPTC and its contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. Americans with Disabilities Act - The contractor agrees to comply with the requirements of 49 U.S.C. 5301(d) which states the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement that policy. The contractor also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicaps, and with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. In addition, the contractor agrees to comply with all applicable requirements of the following regulations and any subsequent amendments thereto: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA), "49 C.F.R. Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance", 49 C.F.R. Part 27; (3) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services", 28 C.F.R. Part 35; (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodation and in Commercial Facilities", 41 C.F.R. Subpart ; Fly America Requirements The Contractor agrees to comply with 49 U.S.C (the Fly America Act) in accordance with the General Services Administration s regulations at 41 CFR Part , which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately 22

23 explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 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 F 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 BPTC requests which would cause the BPTC to be in violation of the FTA terms and conditions. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C et seq. The Contractor agrees to report each violation to the Purchaser and 23

24 understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Energy Conservation - 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. Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 24

25 Exhibit A Facility Maintenance Plan Bloomington Bus Maintenance Facility Bloomington, IN Comprehensive Facility Maintenance Plan Bloomington Public Transportation Corporation Indiana University Campus Bus October