Document Lewiston_doc_4a905a6ca1

REQUEST FOR PROPOSALS FOR OPERATION AND MAINTENANCE OF LEWISTON- AUBURN TRANSIT COMMMITTEE (LATC) TRANSIT SERVICE FOR THE LEWISTON AND AUBURN AREA November 2012 ---PAGE BREAK--- TABLE OF CONTENTS SECTION 1: Request for Proposals- Project Information A. Introduction and Purpose B. Schedule of Proposal, Evaluation and Contract Award C. Pre-Proposal Inspection, Conference, Questions and Comments D. Required Submittal Information E. Screening Selection and Award F. Lobbying G. RFP Addenda H. Verbal Agreement of Conversation I. Federal Changes J. No Obligation by the Federal Governments K. Special Funding Considerations L. Exceptions and Protest Deadline M. Reserved N. Pre-Contractual Expense 0 . Minimum Qualification Requirements P. Proposal Evaluation SECTION II: Questionnaire and Cost Proposal Statement of Principals Proposer's Bond Transit Services Cost Proposal SECTION Ill: Purchase of Transit Service Contract SECTION IV: Scope of Work SECTION V: Performance Bond Requirement SECTION VI: Exhibits A. Bus Route Descriptions B. LATC Route Miles and Hours C. LATC Fare Schedule D. city/ink Timetables and Route Map E. LATC Vehicle Inventory F. LATC lnterlocal Agreement G. LATC ADA Policies and Procedures Page 2 Page 3 Page 4 Page 5 Page 5 Page 6 Page 7 Page 7 Page 7 Page 7 Page 7 Page 8 Page 8 Page 8 Page 8 Page 8 Page 10 Page 13 Page 18 Page 19 Page 21 Page 24 Page 42 Page 60 H. Federal Transit Administration Master Agreement MA (18),0ctober 1. 2011 ---PAGE BREAK--- SECTION I REQUEST FOR PROPOSALS Project Information The Lewiston-Auburn Transit Committee (LATC) is issuing this Request for Proposals (RFP) to firms that provide public transit services known to operate in Maine. However, any and all firms specializing in operation of public transit services are invited to submit a proposal. LA TC is seeking to select a firm to operate a general public fixed route service and its ADA complementary paratransit service that includes operations, vehicle maintenance, and customer service functions. LATC is a federally funded operator. The selected Contractor is required to meet all Federal, State and local operations, maintenance and administrative reporting requirements. LATC is in its final year of a five year contract with Western Maine Transportation Services, Inc., Auburn, Maine, to operate city/ink and ADA complementary paratransit services. LATC intends to enter into a new agreement with the successful Proposer for a term of three years with two additional one-year terms. The primary objectives of the contract operation are 1) to provide safe, efficient, and effective transit service within the revenue service hours allotted, 2) provide state of the art maintenance of LA TC's fleet of 1 0 buses, and 3) provide a professional and friendly ride experience for each passenger. Based on the selected proposal, LATC intends to negotiate the most favorable combination of outcomes to meet the above objectives. ---PAGE BREAK--- A. Introduction and Purpose Lewiston-Auburn Transit Committee {LATC) is quasi-municipal agency providing a public bus system serving the Lewiston/Auburn area, and is operated through a contract between the LATC and a private contractor providing bus operation and maintenance. LATC is directly owned, managed, and funded by the Cities of Lewiston and Auburn. Direct oversight of the system is provided by LATC. Operating subsidies for LA TC are provided through the cities, state funds, Federal Transit Administration (FTA) 5307 Urban Programs funds, and fares. LATC operates the Fixed Route System and Americans with Disabilities Act (ADA) Complementary Paratransit services through contracts with private contractors. LATC's bus system, city/Ink, operates Monday through Friday providing service on nine routes using seven buses and limited service on Saturday providing service on seven routes using four buses. city/ink buses run on thirty (30) minute and sixty (60) minute headways. LATC's city/ink system operates from two hubs, one in Lewiston and one in Auburn. The Lewiston hub located on the comer of Bates Street and Oak Street is operated out of a bus station owned and maintained by LATC. The station provides restroom facilities for passengers and a driver's break room. The Auburn hub located is currently located in Great Falls Plaza and consists of a bus waiting shelter for passengers and separate facilities for drivers. LATC is working with the Maine Department of Transportation and Federal Transit Administration to construct a permanent bus station on Spring Street next to Hannaford grocery store with passenger and driver amenities. ADA Complementary Paratransit service is provided in accordance with federal law and LA TC's ADA Policies and Procedures (Exhibit Annual ridership for FY2012 was 350,604 passenger trips for fixed route service. A maximum of approximately 22,168 Revenue Vehicle Hours annually are scheduled for service during the term of the contract and maximum of approximately 237,848 Revenue Vehicle Miles per year. Annual ADA complementary paratransit ridership for FY2012 was 9,814, which includes 105 companion trips and PCA trips. ADA Passenger Miles for FY 2012 were approximately 24,369. The ADA complementary paratransit service operates during regular fixed route hours of operation (effective October 1, 2012 6:00AM to 6:15PM and to 6:45PM on one route), Monday through Friday, and 9:15AM to 5:15PM on Saturday). ADA service is to be provided during all hours of fixed route service hours for routes that operate. The ADA fare is $3.00. There are a total of ten (10) buses in LATC's transit fleet. These buses are used for fixed route operations only. Buses required to carry out ADA service shall be provided by CONTRACTOR. The term of this Agreement will be for a minimum of three years, with an option for two additional years, thus, significant changes and modifications to the system may be made during the term of this Agreement. LATC Transit services are financed 13% from fares, 51% from FTA Section 5307 Urban Programs funds, 4% from MOOT and 32% from the Cities of Lewiston and Auburn for fixed route services and 19% from fares, 65% from FTA Section 5307 Urban Programs funds, and 16% from the Cities of Lewiston and Auburn for ADA complementary ---PAGE BREAK--- paratransit services. As indicated above, FTA is the primary funding source for LA TC Transit. Due to Congressional budget approval and FTA's application process, the availability of FTA funds is not always timely for the start of a fiscal year. This has the potential to cause delays in reimbursement for federal subsidy. Delays in federal reimbursement will require the CONTRACTOR to be able to finance operations until such time that funds are available. LA TC Transit is operated as a turn-key arrangement. The LA TC's fixed route fleet is comprised of ten (1 0) buses: three 2011 Gillig low-floor transit buses - 32/26+2 capacity, four 2006 low-floor Blue Bird's -32/26+2 capacity, two 2003 Thomas SLF's - 31/25+2 capacity, and one El Dorado Passport - 18+2 capacity. . Also provided by LATC are Kenwood wo-way radios, Main fareboxes, bus stop signs, shelters, and a 72,000 lb capacity portable lift system. LATC is responsible for setting fares, planning and scheduling, and most other policy matters. The service contractor is responsible for providing one System Manager, one Maintenance Manager, data collection and clerical personnel, marketing/public information personnel, bus operators, dispatchers, and maintenance personnel. The contractor may be requested to provide additional equipment and resources necessary to operate the system. LA TC will assign the responsibility for warranty compliance to the selected contractor. Reimbursement for warranty work will, therefore, be the responsibility of the contractor. B. Schedule of Proposal Evaluation and Contract Award RFP Released Pre-Proposal Fleet Inspection Pre-Proposal Meeting Deadline for Receipt of Written Questions and Requests LATC Responses and/or Addenda Issued By Technical and Price Proposals Due Interview Firms (TBD by LATC) Contract Award Service Contract Begins Due Date November 9, 2012 December 1, 2012, 7:00-8:30 AM December 3, 2012, 9:00AM December 10, 2012, 4:00PM December 17, 2012 January 8, 2013, 2:00PM January 14-17, 2013 February 2013 October 1, 2013 LATC reserves the right to modify the above schedule by written notice. ---PAGE BREAK--- C. Pre-Proposal Inspection, Conference, Questions and Comments An opportunity to inspect LATC's bus fleet will be held Saturday, December 1, 2012, at7:00 AM, at LATC's current contractor's facility located at 76 Merrow Road, Auburn, Maine, 04210. This meeting will allow prospective firms to make cursory inspections of LATC-owned vehicles (and equipment). The fleet inspection will conclude by 8:30 AM. If you are planning on inspecting the vehicles you must contact Marsha Bennett (contact information below). A Pre-Proposal Conference will be held on December 3. 2012, at 9:00 AM, to enable prospective Proposers to clarify additional details considered pertinent for their evaluation prior to the proposal submittal date. The meeting will be held at the Androscoggin Valley Council of Governments Facility, 125 Manley Road, Auburn, Maine. All questions are to be submitted in writing. Questions and comments regarding this RFP and the attached Agreement and other Exhibits may be submitted in writing (via US Mail, email or facsimile) to: Marsha Bennett Transit Coordinator Androscoggin Valley Council of Governments 125 Manley Road Auburn, Maine 04210 Email: [EMAIL REDACTED] Fax: (207) 783-5211 D. Required Submittal Information Proposals must be received by the Androscoggin Valley Council of Governments, on behalf of LATC, no later than 2:00p.m., January 8. 2013 (no facsimile). SEND OR DELIVER TO: Androscoggin Valley Council of Governments 125 Manley Road Auburn, Maine 04210 If mail delivery is used, the Proposer shall mail his/her Proposal early enough to provide for arrival by this deadline. Proposer uses mail or courier service at his/her own risk. LA TC will not be liable or responsible for any late delivery of proposals. Proposals received after the date and time specified will not be considered. Each proposing firm must submit one original and ten (10) copies of its completed, signed, and dated SERVICE PROPOSAL including questionnaire, proposals on options, and any other proposal information, in sealed envelope(s) or appropriate container(s) marked "LATC Transit Service Proposal" and the name of the proposing firm. Each proposing firm must submit one original and ten (10) copies of a signed and dated COST PROPOSAL in a separate sealed envelope marked "Cost Proposal". ---PAGE BREAK--- Additionally, SERVICE PROPOSALS must be accompanied by a signed copy of any RFP addenda issued, as well as a signed copy of the attached Agreement. Finally, proposals must be accompanied by a BID GUARANTEE in the form of a check for twenty-five thousand dollars ($25,000), and said check must be certified by a bank, and must be made payable to LATC; or in lieu of such a check, a Proposer may accompany his/her Proposal by a BID BOND for said amount payable to the Lewiston- Auburn Transit Committee. Bond must be signed by the Proposer, or an authorized Surety Company, all as provided by law. Such surety will be retained by LATC if the successful Proposer fails or refuses to enter into a contract. If the Proposal consists of a "prime" contractor and one or more subcontractors, the Proposer shall identify the subcontractors in the areas of their responsibility, but LATC will enter into an agreement only with the prime contractor who shall be responsible for all services required by the attached Agreement. By submitting a Proposal, the Proposer certified that his/her name (as well as the name(s) of proposed subcontractor(s) does not appear on the Comptroller General's list of ineligible contractors for Federally-assisted projects. Upon award of a contract to the successful Proposer, all proposals shall be public records. Financial statements, submitted under separate cover with a request for confidentiality, shall be disclosed only upon order of a court with competent jurisdiction. No Proposal shall be returned after the date and time set for opening whereof. E. Screening. Selection and Award Selection will take place through the process described in Section Contract award will be given to the firm which: 1) meets minimum qualification requirements described in Section below; and, 2) meets the Selection Criteria described in Section Price is one. but not the only criteria being evaluated. LATC reserves the right to select that Proposal that best suits LATC's needs. LATC also reserves the right to award a contract based on original proposal, without negotiation with any proposer. The Evaluation Panel will then recommend one firm, based on the results of the final scoring, for LATC approval. ---PAGE BREAK--- F. Lobbying Any party submitting a Proposal shall not contact or lobby any LA TC member, employee, or agent regarding the RFP. Any party attempting to influence the Proposal, submittal, and review process may have their Proposal rejected for violating this provision of the RFP. G. RFP Addenda Any changes to the RFP requirements will be made by written addenda by LATC and shall be considered part of the RFP. Upon issuance, such addenda shall be incorporated into the agreement documents, and shall prevail over inconsistent provisions of earlier issued documentation. H. Verbal Agreement or Conversation No prior, current, or post-award conversations or agreement{s) with any officer, agent, or employee or agent of LA TC or the Cities of Lewiston and Auburn shall affect or modify any terms or obligations of this RFP, or any contract resulting from this procurement. 1. Federal Changes CONTRACTOR shall at all times comply with all applicable FT A regulations, policies, procedures and directives, including without limitation, those listed directly or by reference in the Master Agreement {Form FTA MA {18) dated October 1, 2011) between LATC and FTA, as they may be amended or promulgated from time to time during the term of this contract. The Master Agreement is hereby incorporated by reference, of which it's Table of Contents has been provided at Exhibit H. CONTRACTOR's failure to so comply shall constitute a material breach of this contract. CONTRACTOR shall comply with all relevant program changes in Moving Ahead for Progress in the 21st Century Act {MAP-21) as guidance and rulemaking are issued. J. No Obligation by the Federal Government LATC and the 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 by subject to any obligations or liabilities to LATC, CONTRACTOR, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The CONTRACTOR agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FT A. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. ---PAGE BREAK--- K. Special Funding Considerations Any contract resulting from this RFP will be financed primarily with funds from the Federal Transit Administration and the Maine Department of Transportation that are made available to LA TC, as well as municipal funding and farebox revenues. The contract for service is contingent upon the provision of these funds to LATC. In the event that service is reduced or eliminated due to a lack of funds, LATC reserves the right to amend or terminate any contract. L. Exceptions and Protest Deadline Once LATC protest deadline has passed, Proposers may not take exception to any requirement of the RFP. M. Reserved N. Pre-Contractual Expense Pre-contractual expenses are defined as expenses incurred by Proposers and selected contractor in: 1) Preparing proposals in response to this RFP; 2) Submitted proposals to LATC; 3) Negotiations with LATC on any matter related to Proposal; 4) Other expenses incurred by Contractor or Proposer prior to date of award of any agreement. In any event, LA TC shall not be liable for any pre-contractual expenses incurred by any Proposer or selected contractor. Proposers shall not include any such expenses as part of the price proposed in response to the RFP. LATC shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP. 0. Minimum Qualification Requirements All timely proposals will be examined by the Evaluation Panel to determine if they meet the following minimum qualifications. Any Proposal WHICH FAILS ON ANY OF THESE ITEMS MAY BE CONSIDERED NON-RESPONSIVE AND MAY BE REJECTED. 1. CONFLICT OF INTEREST Any Proposal which indicates a conflict of interest in answering the Proposal QUESTIONNAIRE will be considered non-responsive and will be rejected. ---PAGE BREAK--- 2. PERSONNEL, EXPERIENCE, AND FINANCIAL STATUS In order to be considered a responsive Proposer, the Proposer must have all of the following: The firm or a general partner of the firm must have extensive recent experience in providing publicly funded transit service and operation of transit vehicles. The firm must have and identify a proposed full-time System Manager who, at the time of service start-up, has performed well in previous jobs (include resumes) and has a minimum of three years recent experience in managing a publicly funded transit service. The firm must have and identify a proposed full-time Maintenance Manager who must be a certified mechanic and have a minimum of three years recent experience in managing a diesel vehicle maintenance shop, including direct supervisory responsibility for all light and heavy maintenance functions. The experience must be with a fleet with a minimum of five heavy-duty diesel vehicles. The firm must have and identify proposed full-time personnel who have a minimum of three years recent experience in overseeing customer service, accounts payable/receivable, payroll, over the counter sales, revenue and cash control, and data collection and analysis functions. The Proposal must prove to the Evaluation Panel's satisfaction that the Proposer possesses sufficient organizational/manpower resources to accommodate turnover in management without disrupting operations. Further, the Proposal must prove to the Evaluation Panel's satisfaction that there are a sufficient number of qualified personnel dedicated to LATC service to properly operate and maintain LATC bus system. The Proposal must demonstrate that the Proposer possesses a good operational safety record including satisfactory inspection ratings from the Department of Public Safety or other applicable enforcement agency, presenting evidence of such to LATC. The firm must propose a comprehensive ongoing training, safety, and safety awards program for all employees associated with LA TC Transit, with particular emphasis on mechanics and drivers. Proposer shall specify in hours and areas of coverage the training and safety program to be provided. The firm must propose an adequate management information system which also addresses the requirements of the proposed agreement. The firm must have a satisfactory record of performance, including positive ---PAGE BREAK--- references from other contracting agencies. U) The firm must propose a comprehensive employee drug testing and education program, meeting all mandates of the Federal Transit Administration. The firm must have adequate financial resources or the ability to obtain such resources as required during performance of the agreement and must present to LATC with the latest financial statements, including Income Statement and Balance Sheet. (Information on the firm's financial status will be withheld from public review if submitted under separate cover with a request for confidentiality and unless disclosure is ordered by a court of competent jurisdiction.) 3. ADEQUATE PMI PROGRAM To be considered responsive, the Proposer must propose a vehicle and equipment preventative maintenance and inspection program which meets or exceeds the requirements of this RFP, as well as the proposed agreement and the Scope of Work. 4. ROLLING STOCK The firm must have resources to provide vehicles for fixed route operations should there be a need due to, not limited to but including, vehicle maintenance, breakdowns, or untimely disposition/acquisition of vehicles. P. Proposal Evaluation 1. General LATC has published this Request for Proposals. It is the intent to award the Contract to the Proposer that most closely meets the specific needs of LATC, not solely on the basis of price alone. 2. Proposal Screening LATC's Evaluation Panel will make an initial evaluation of all proposals. Upon that initial evaluation, the Panel will rank the proposals received in general order of quality and by how closely the proposals meet LA TC's needs. The top Proposers may be invited to an interview. LA TC reserves the right to award the Contract to other than the lowest cost proposal allowing for a more responsive proposal that addresses all of the above criteria and best satisfies LA TC's needs. The Evaluation Panel may consider criteria other than those listed below, as necessary, in the selection process. -10- ---PAGE BREAK--- 3. Interviews Prospective Contractors may be required and shall be prepared to attend an interview with the Evaluation Panel. The System Manager and the Maintenance Manager must be available to answer questions at the interview. LA TC may choose, at its sole option, not to interview all proposing Contractors. LA TC may reject any or all proposals submitted, or at its sole discretion, award the Contract to the best Proposer without any interviews. 4. Selection Criteria An initial screening of proposals for completeness and that m1mmum LATC requirements are met will be undertaken, and will reject as non-responsive any proposal which does not include all the required documents or meet the minimum requirements, and no further evaluation will be performed. The evaluation of responsive proposals will be based on criteria established by LATC. These criteria in no general order of importance include: a Proven transit management, operational, and maintenance capabilities and experience. Qualifications of staff proposed, including experience and record of accomplishments of the System Manager, Maintenance Manager, and office personnel proposed to service this Contract. b. Ability to provide vehicles for fixed route should the need arise and for the provision of ADA complementary paratransit service. c. Proposed cost for three year contract. d. Proposed maintenance program including CONTRACTOR's PMI program, and proposed oversight of equipment, vehicles, and safety. e. Cash control experience and capabilities of CONTRACTOR. f. Financial stability of the CONTRACTOR. g. Completeness of the proposal submitted and compliance with Contract requirements, such as DBE, EEO, Drug Testing, etc. 5. LATC Rights. LATC reserves the right to withdraw this RFP at any time without prior notice. LA TC also makes no representations that any agreement will be awarded to any Proposer responding to this RFP. LA TC expressly reserves the right to reject any and all proposals and to be the sole judge of the responsibility of any Proposer and of the suitability of the materials and/or services to be rendered. LATC -11- ---PAGE BREAK--- purpose of this RFP, does not provide an unfair advantage or disadvantage to a Proposer, and is not in violation of any State of Maine or Federal Government rules, laws and regulations that may apply to this procurement. -12- ---PAGE BREAK--- SECTION II Questionnaire/Cost Proposal LATC Transit Operations The following questionnaire should be submitted in typewritten form. When appropriate, use LATC's forms. However, when responding to questions that require text, please use separate sheets of paper. Label and number each question and the corresponding response. Proposals which do not include this questionnaire in the completed format will be considered non-responsive and will be rejected. This proposal is submitted by the firm: 1) Please list the names, titles, and addresses (no PO Box numbers) of Proposer's officers/partners/owners: 2) Is the firm a Maine Corporation? _ partnership? _ or an individual? Business is under the trade name: 3) State the number of years the Proposer has provided or managed a publicly provided and funded transit fixed route service using diesel-powered transit coaches. List time spans and describe the service provided (including annual revenue vehicle mileage, number and size of vehicles, and amount of farebox revenue collected annually for each system referenced). Identify the responsible individual, providing his/her phone number, who can verify service. Attach additional descriptive material, if needed; however, please complete the following: Years of experience in transit operations: System/Service Name & Address: Date of Service: Annual Miles: Number & Size if Vehicles: Annual Fare Revenue: Contact Phone Number: -13- ---PAGE BREAK--- 4) State the number of years the Proposer has provided or managed an ADA complementary paratransit service and/or a door-to-door demand response service. List time spans and describe the service provided (including number of passenger trips and passenger miles). Identify the responsible individual, providing his/her phone number, who can verify service. Attach additional descriptive material, if needed; however, please complete the following: Years of experience in transit operations: System/Service Name & Address: Date of Service: Annual Passenger Trips: Annual Passenger Miles: Contact Name: Phone 5) Specifically identify and describe the experience and qualifications of the full-time System Manager (please attach a resume)-- 6) Specifically identify and describe the experience and qualifications of the full-time Maintenance Manager (please attach a resume) 7) Has your firm received an "unsatisfactory" rating from law enforcement or any other regulatory agency with regard to maintenance or records at any time during the past five years? If yes, please give details. 8) Is there any recent, current or pending litigation involving your firm due to accidents which have resulted in death or injury from operation of a bus system? ("Recent" shall be defined as any judgment entered or settlement reached within the past five years which resulted in a dismissal of a lawsuit.) 9) Please list the number of preventable collision accidents for systems operated by your firm during each of the past two consecutive years. 10) In a sealed envelope enclose your firm's most recent Income Statement and Balance Sheet. 11) Are there any past, current or pending financial or legal issues which might jeopardize your firm's ability to provide services per the requirements of the attached agreement at the prices quoted by you for the three year period? If yes, please give details. -14- ---PAGE BREAK--- 12) What degree of contract supervision will be required on LATC's part in order to assure that your firm is adhering to contract requirements? 13) Describe other organizational resources and services which your firm will provide as part of this agreement at no additional charge. 14) Describe your firm's proposed PMI program for all buses and other vehicles, components, and equipment used in LATC Transit service, including, but not limited to engine, transmission, brakes, chassis, wheelchair lifts, air conditioning, fareboxes, batteries, destination signs, service vehicles, two-way radios, revenue storage units, data reporting system, spare units, etc. LATC will provide a portable lift and lift stands with a 72,000 lb lift capacity. The lift can be inspected during the scheduled vehicle inspection. 15) Attach proposed documents to be used in PMI program. Description of PMI program should include both mileage and time intervals and should reflect PMI levels required by good practice and manufacturer warranties. 16) Attach the proposed driver vehicle condition reports which will be used by drivers for daily bus inspection, including specific emphasis on wheelchair lift inspection. 17) Describe what steps your firm will undertake to expeditiously repair/replace buses and equipment damaged or destroyed while in your possession. 18) Describe your firm's ability to provide rolling stock to supplement LATC's fleet should the need arise due to repairs, preventive maintenance, collision or other. 19) Please describe your firm's experience with providing complementary paratransit service in accordance with the American's with Disabilities Act of 1990. Describe the level of involvement, including the certification process, dispatching, transporting, and knowledge of 49 CFR Parts 37 and 38. Describe how capacity constraint issues are resolved. Include a list of vehicles that will be used to provide the ADA service. 20) Please describe your firm's experience with cash control. Please describe what internal controls you propose to maintain security of the farebox revenue from the time the passenger deposits the fare into the farebox until possession of the revenue for deposit into the your bank account. Please describe how you propose to maintain security of the pass sales revenue from the time a customer purchases a pass or ticket from a vendor or from CONTRACTOR until possession of the revenue for deposit into the your bank account. 21) Please explain what experience your firm has with regard to the proper management of warranty repairs and warranty compliance issues. 22) Describe the extent of your firm's experience with heavy maintenance complete rebuilding and refurbishing of engines, transmissions, and other components) of heavy- duty, diesel-powered transit coaches. Please be specific regarding the type of buses, engine, transmission, etc. -15- ---PAGE BREAK--- 23) Present a proposed organizational chart. 24) What is your firm's proposal with regard to use of the current CONTRACTOR's employees? 25) Describe safety program, whether current or proposed. Describe in detail the training/evaluation/ongoing safety program being proposed for drivers, dispatchers, supervisors, and information service personnel. Include your description of the proposed areas covered, frequency, minimum number of hours per employee, etc. Attach any proposed personnel policy. Provide current company safety program policies. 26) Attach an example of your firm's proposed Management Information System forms which will be used to report the operational/financial data, including National Transit Database fixed route survey reporting, required in the "Scope of Work." 27) Indicate in brief why you consider your firm to be the best to perform this contract. Please indicate any new and/or creative ideas that would provide the LATC with a high quality, safe, efficient and responsive transit operation. 28) What is your firm's experience with FTA drug and alcohol testing? Please attach a copy of your Drug and Alcohol Policy and your FTA-compliant drug testing program. 29) Disadvantaged Business Enterprises (DBE) A "Disadvantaged Business Enterprise" (DBE) is defined as a business at least 51% of which is owned, operated, and controlled by one or more individuals who are socially and economically disadvantaged. Individuals that are socially and economically disadvantaged are Women, Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, Subcontinent Asian Americans and other groups identified by the Small Business Administration (SBA). Is the individual proposing firm a Minority Business Enterprise as defined above? Yes No _ _ Women's Business Enterprise? Yes No 30) LATC is moving forward with becoming an FTA Direct Recipient for FY2013 and is working on submitting the required paper work and documents, one of which is establishing a Disadvantaged Business Enterprise (DBE) goal. Once the goal is established, how will your firm reach out to DBEs to help meet this goal through contracts and subcontracts? Please submit a written intent of meeting these goals. Please submit the names, to the extent known, of proposed DBE subcontractors, a description of the work each is to perform, and the dollar value of each proposed DBE subcontract. -16- ---PAGE BREAK--- 31) Describe your firm's approach to utilizing Customer Service Representative(s), especially relating to telephone information services for both fixed route and ADA Complementary Paratransit. What type of empathy, customer relations, telephone technique, and/or public speaking training has the Representative(s) received in the past? What type of empathy, customer relations, telephone technique, and/or public speaking training does your firm propose for this person(s) during the course of this contract? How will your firm ensure that LATC Transit's telephone information lines are answered only by personnel properly trained in customer relations and with comprehensive knowledge of the transit system? 32) If LATC were to waive the Performance Bond, would there be a cost savings to LATC. If so, how much? 33) Specifically identify and describe the experience and qualifications of the office personnel (please attach a resume). Identify where these persons obtained the required experience described in the "Minimum Qualifications" of the RFP. 34) LATC uses the services of Alternate Transit Advertising, a New Hampshire based advertising sales agency, to sell advertising on city/Ink buses. Advertising is primarily sold on the exterior of the buses; however, interior bus advertising and bus shelter advertising are options. Explain how your firm will assist with installing, removing, maintaining, and performing other related functions related to exterior sign frames, exterior sign advertising, and bus wraps. -17- ---PAGE BREAK--- STATEMENT OF PRINCIPALS Principals in your firm interested in the foregoing proposal are as follows: (Stockholders and limited partners need not be listed unless they are officers or employees of the corporation or limited partnership. All general partners and corporate officers shall be listed. If a stockholder or partner is a firm, list the principals of that firm, as stated herein. If Proposer or other interested person is a corporation, it must furnish a certificate attesting to corporate existence and authority of officers to sign contracts and other documents. State the legal name of corporation, names of the president, secretary, treasurer, and manager thereof.) NAME BUSINESS ADDRESS INTEREST (Owner, Partner, etc.) Attach additional sheets if necessary. Signature of Authorized Official: Name: Title: Address: City, ST, Zip: -18- ---PAGE BREAK--- PROPOSER'S BOND Know All Men by These Presents, That we PRINCIPAL, and AS SURETY, and held and firmly bound unto the Lewiston-Auburn Transit Committee, hereinafter called the LATC in the penal sum of TWENTY -FIVE THOUSAND DOLLARS ($25,000.00), submitted by said principal to LATC, for the work described below, for the payment of which sum in lawful money of the United States, Well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH That whereas the Principal has submitted the above mentioned Proposal to LATC for certain services for which said proposals are to be opened at AVCOG, Auburn, Maine on Tuesday, January 8. 2013 specifically described as follows: The Management and Operation of LA TC Transit Bus Service NOW THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the signature, enters into a written contract, in the prescribed form in accordance with the proposal, and files the bond with LATC to guarantee faithful performance, then this obligation shall be null and void; otherwise it shall remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court. -19- ---PAGE BREAK--- IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 2013 (SEAL) (SEAL) (SEAL) Principal (SEAL) (,SEAL) ,(SEAL) Surety NOTE: Signature of person(s) executing this instrument for surety must be properly acknowledged. -20- ---PAGE BREAK--- TRANSIT SERVICES COST PROPOSAL SUMMARY OF UNIT RATES Proposer: _ FIXED ROUTE SERVICE: Revenue Vehicle Hours: 22,168 Revenue Vehicle Miles: 237,848 ADA COMPLEMENTARY PARATRANSIT Passenger Miles (FY2012): 24,369 First Contract Year: 10/1/2013- 9/30/2014 Fixed Annual Fee Fee per Revenue Vehicle Hour Fixed Route Operating (Excluding Fuel) $ Fixed Route Maintenance $ Sub-Total $ $ ADA Complementary Paratransit $ TOTAL $ $ Second Contract Year: 10/1/2014-9/30/2015 Fixed Annual Fee Fee per Revenue Vehicle Hour Fixed Route Operating (Excluding Fuel) $ Fixed Route Maintenance $ Sub-Total $ $ ADA Complementary Paratransit $ TOTAL $ $ Third Contract Year: 10/112015- 9/30/2016 Fixed Annual Fee Fee per Revenue Vehicle Hour Fixed Route Operating (Excluding Fuel) $ Fixed Route Maintenance $ Sub-Total $ $ ADA Complementary Paratransit $ TOTAL $ $ First Option Year: 10/112016 - 9/3020/17 Fixed Annual Fee Fee per Revenue Vehicle Hour Fixed Route Operating (Excluding Fuel) $ Fixed Route Maintenance l Sub-Total I LEAVE BLANK. TO BE NEGOTIATED. r ADA Complementary Paratransit TOTAL $ $ Second Option Year: 1011/2017-9/30/2018 Fixed Annual Fee Fee per Revenue Vehicle Hour Fixed Route Operating (Excluding Fuel) $ Fixed Route Maintenance L Sub-Total I LEAVE BLANK. TO BE NEGOTIATED. [ ADA Complementary Paratransit I TOTAL $ $ -21- ---PAGE BREAK--- Fixed Route Maintenance are items allowed under FTA rules to be reimbursed using capital funds under FTA 5307 Urban Program funds. Fixed Route Operating expenses are to exclude the cost for fuel. Arrangements will be made to have all city/ink buses fueled at Lewiston Public Works (LPW), 103 Adams Street, Lewiston. LPW will bill the Contractor directly for the fuel, which will be passed on to LA TC for payment. The cost proposal for ADA is to be an annual cost total that includes the cost for fuel. -22- ---PAGE BREAK--- TRANSIT SERVICES COST PROPOSAL Proposer The rates stated by CONTRACTOR in this Transit Services Cost Proposal shall be charged for existing services, expanded services, or reduced services within the context of the terms established in the attached Agreement. This Cost Proposal and other attached proposal materials represent an offer to do work as described in LATC's Request for Proposals. The Cost Proposal instructions have been followed. It is understood that this offer shall remain valid for sixty (60) days from the date of proposal opening unless withdrawn or renegotiated before the proposal submission deadline. The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed system, the other contract documents, and the requirements therein referred to; and he proposes and agrees that, if this proposal be accepted, he will contract with LATC of Androscoggin County, a Quasi-Municipal organization under the laws of the State of Maine, to provide all necessary labor, and any necessary tools or equipment not provided by LATC, and do all the work specified in the contract in the manner and time therein set forth, required to implement, operate, manage, and maintain the system. SIGNATURE OF PROPOSER: (Person Authorized to Bind Company) (Type Name & Title) Date Company Street Address City, State & Zip -23- ---PAGE BREAK--- SECTION Ill PURCHASE OF TRANSIT SERVICE CONTRACT Agreement for Operation and Maintenance LA TC of Androscoggin County Public Transit Services THIS AGREEMENT, made and entered into this day of , 2013, by and between the Lewiston-Auburn Transit Committee, a Quasi-Municipal organization, (hereinafter referred to as "LA TC"), and , (hereinafter referred to as "CONTRACTOR"). RECITALS: 1. LATC is authorized by its lnterlocal Agreement to furnish and operate public transit services, to enter into a CONTRACT with any operator to provide such services. LA TC desires to exercise such authority within its limits, within portions of the Lewiston and Auburn area, and has determined that it is in the general welfare of the residents of Lewiston and Auburn to do so. 2. LA TC issued a "Request for Proposals" to provide such service, hereinafter referred to as "RFP." Addenda numbers that were issued to the RFP prior to the signing of this CONTRACT are also included in this Agreement. The "Scope of Work" is attached hereto and incorporated herein by reference. 3. CONTRACTOR submitted a proposal dated , 2013, (hereinafter referred to as "Proposal"), responsive to the RFP to provide such services in the method and manner and at the costs set forth in the Proposal. Said Proposal is attached hereto and incorporated herein by reference. 4. CONTRACTOR represents hereby that it is in the business and fully qualified in the field of public transit, and is fully willing and able to perform this Agreement at the costs specified herein, and with level of service and operating quality specified herein, including all attached Exhibits, inclusive. LATC has awarded this Agreement in reliance upon such representations, and on CONTRACTOR'S particular skills, experience, and abilities as represented by CONTRACTOR. AGREEMENTS: For and in consideration of all of the above covenants, conditions and agreements set forth herein, CONTRACTOR agrees to provide the implementation, operation, and maintenance of a public transit system to LATC'S satisfaction, and LATC agrees to compensate CONTRACTOR therefore, all as specified herein below. -24- ---PAGE BREAK--- 1. RULES OF CONSTRUCTION AND DEFINITION Unless otherwise apparent from the context, or otherwise specifically defined elsewhere in this Agreement, the parties agree that the following words and phrases shall be construed and/or defined as follows: A. Rules of Construction: The singular includes the plural and the plural includes the singular. "Shall" is mandatory and "may" is permissive. The masculine gender includes the feminine and neuter. B. Definitions: i) ADA. "ADA" shall mean ADA complementary paratransit service for persons with disabilities. ii) Business Days. "Business Days" shall mean days when the Transit Coordinator's office is open for regular business. iii) Contract Documents. "Contract Documents" shall mean the documents specified in Paragraph 27 and shall have the order of precedence specified therein. iv) Days. "Days" shall mean calendar days. vii) DPS. "DPS" shall mean the Department of Public Safety for the State of Maine. v) FTA. "FTA" shall mean the Federal Transit Administration. vi) In-service. "In-service" shall mean the time during which a bus is in enroute, or authorized detours, and stopping to load or unload passengers, or such other times a bus is available for use by the general public, or as otherwise specified to the benefit of LATC. vii) LATC. "LATC" shall mean the mean the Lewiston-Auburn Transit Committee. viii) LATC Transit. "LATC Transit" shall mean fixed route and ADA complementary paratransit service provided in accordance with the terms of this Agreement. ix) MDOT. "MOOT" shall mean the Maine Department of Transportation. -25- ---PAGE BREAK--- x) Out-of-Service. "Out-of-Service" shall mean all times other than when the bus is in-service. Out-of-service shall include all time spent driving to the beginning point on the route, or moving buses from one route to another route or location, commonly called "dead-heading" in the industry, other than time expressly approved by it Coordinator as in-service time, based on direct benefit to LA TC. xi) Public Transit or Public Transportation. "Public Transit" or "Public Transportation" shall mean fixed route and ADA complementary paratransit services provided in accordance with this agreement. xii) Road call. "Road Call" shall mean any occurrence, in or out of service, due to a mechanical malfunction, where: a) a bus exchange is made, or b) repairs in the field are made, or c) a bus is towed. xiii) Transportation Manager The "Transit Coordinator" is designated by LATC as the person charged with the supervision and oversight of CONTRACTOR'S performance of this Agreement. xiv) Vehicle Miles or Hours. "Vehicle Miles or Hours" shall mean the miles traveled by the buses provided by LA TC for use by CONTRACTOR to perform this Agreement or the hours spent by CONTRACTOR'S employees in driving such buses, while on a route specified in Attachment 1 a detour from such route authorized by this Agreement, and out-of-service miles or hours spent traveling to and from a route's starting or ending point. The vehicle service hours shall be limited to those of the employee actually driving the bus, and shall not include those of other employees riding on the bus for training or other purposes. 2. TERMS OF AGREEMENT A. Initial Term: The initial term of this Agreement shall be from October 1, 2013 through and including September 30, 2016. B. Extension Options: Upon completion of the initial term, LATC, at its sole discretion, may extend the term of this agreement on a year-to-year basis, with compensation as specified in CONTRACTOR'S proposal for option years. However, this Agreement shall not extend more than two years beyond the initial term ending on September 30, 2016. -26- ---PAGE BREAK--- 3. SCOPE OF WORK Operations Commencing on October 1, 2013, CONTRACTOR agrees to provide public transportation services in accordance with the routes, number of annual vehicle miles and hours, and service area specified in the Cost Proposal attached hereto as part of the CONTRACTOR'S proposal. Said level of service shall continue to be provided by CONTRACTOR until an amended Service and Payment Schedule is substituted pursuant to this Agreement, whereupon CONTRACTOR shall comply with the amended schedule from and after its effective date. In and for the consideration specified in contract documents, CONTRACTOR agrees to do all things necessary to manage, operate, and maintain a public transportation system to LATC'S satisfaction as required by this Agreement and the corresponding Scope of Work, including, but not limited to the following: A. Operational management, employment and supervision of all personnel, including managers, drivers, dispatchers, supervisors, service and maintenance personnel, clerks, customer service personnel, and field maintenance personnel; Provision of qualified supervisory personnel during all hours of operation. B. Day-to-day operation of bus services, including provision of dispatching services during all hours of operation. C. Provision of a customer service office and maintenance facility located in Lewiston or Auburn. D Provision of a secured facility in Lewiston or Auburn where LA TC buses are parked during non-service hours. E. Provision of a satisfactory spare parts/component/supplies/ inventory for LATC-provided buses and all other equipment used to provide services per the requirements of this Agreement; Provision of all small operational related items such as cleaning materials, rags, nuts and bolts, and office supplies. F. Operation of an ongoing training, retraining, and safety program for drivers, dispatchers, mechanics and supervisory personnel. G. Provision of all equipment not otherwise provided by LATC. H. Operating a satisfactory preventative maintenance, cleaning and major component rebuilding/replacement program and providing for the repair of all buses, vehicles, two-way radios, fare boxes, data systems and all other LATC-provided equipment as required by this Agreement. -27- ---PAGE BREAK--- I. Develop and implement a public relations plan approved by LATC regarding promotion of the services associated with this Agreement, including telephone information services, community service, posting transit-related advertisements inside and outside buses and distributing schedules. J. Establishing and maintaining a management information system on operations, labor, training, accidents, all buses and LA TC-provided equipment, as specified under reporting of the Scope of Work. K. Preparation of budgets, analysis, and reports of the financial and other matters pertaining to the bus services. L. Clerical, statistical, and bookkeeping services as required by this Agreement. M. Providing all drivers with LATC-approved uniforms. N. Maintaining any general insurance coverage not provided by LATC, including documentation to LA TC. 0 . Repairing/replacing LATC-provided buses and equipment in an expeditious manner if such buses or equipment are damaged or destroyed while in CONTRACTOR'S possession. P. Having the ability to provide vehicles, in addition to LATC's, to meet the demands of system. Q. Performing all other work as may be necessary to comply with the requirements of this Agreement. R. Implement and administer a drug and alcohol testing program as required by LA TC and FTA. S. Collect and provide to LATC data required for National Transit Database reporting. T. Meet and coordinate with LATC or its coordinator on a frequent basis, not less than weekly. U. All such services shall conform to all requirements, laws or ordinance, of all Federal, State, and/or local regulatory agencies and government. 4. TERMINATION A. DURING INITIAL TERM: This Agreement may be terminated by LA TC in the event of a material breach by CONTRACTOR. A "material breach" for this purpose shall include, but not be limited to the following items: -28- ---PAGE BREAK--- 1) Repeated failure by CONTRACTOR to operate service on time, or to complete trips, per the published bus schedule requirements of this Agreement. Bus schedules may be adjusted periodically to changes. Late service resulting from highway improvement projects shall not constitute a material breach. 2) Repeated failure by CONTRACTOR to provide a sufficient number of operable, clean, and road-worthy buses to operate full service on all routes then in effect. "Road worthy" for this purpose means buses which conform to all safety requirements of the DPS and other applicable regulatory agencies, and which are fully operable. 3) Failure by the CONTRACTOR to operate a safe service having a chargeable accident record higher than industry norms). 4) Failure by the CONTRACTOR to provide a preventative maintenance and repair program which in all respects conforms to the requirement of this Agreement, the Maine Department of Transportation and other applicable regulatory agencies. 5) Invalidation or lessening of warranty coverage on LATC-provided buses or equipment due to CONTRACTOR'S negligence in complying with warranty requirements. 6) Failure by the CONTRACTOR to provide qualified personnel, training, parts, supplies, or equipment required in this Agreement. 7) Repeated failure by CONTRACTOR to provide services to the public in a courteous manner. 8) Failure by the CONTRACTOR to make the corrections specified by the Transit Coordinator in Notices of Deficiencies, at the times specified. 9) Failure by the CONTRACTOR to submit the required reports on time or in a truthful, accurate format. 1 0) Failure by the CONTRACTOR to expeditiously repair or replace LATC-provided buses or equipment damaged or destroyed while in CONTRACTOR'S possession. 11) CONTRACTOR'S use of LATC-provided buses, equipment, or facilities for purposes other than those authorized by LATC. 12) Failure by the CONTRACTOR to pay taxes, Social Security withholding taxes, or other taxes and fees mandated by the State of Maine or the Federal Government. -29- ---PAGE BREAK--- LATC reserves the right to terminate this Agreement immediately in the event of material breach by the CONTRACTOR. LATC, at its sole discretion, may terminate this Agreement at any time if LATC TRANSIT service is eliminated due to a lack of funds. Such termination shall be effective on a thirty (30) day written notice and the payment of all consideration earned to date by CONTRACTOR. Acceptance of such final payment by CONTRACTOR shall constitute a complete accord and satisfaction as between the CONTRACTOR and LATC. This Agreement may also be terminated at any time upon mutual agreement between both parties. B. DURING OPTION TERMS: Termination during option terms shall be made in the same manner and for the same reasons as during the initial term. 5. LATC'S REMEDIES ON BREACH It is understood and agreed that in the event of failure by CONTRACTOR to perform services required by this Agreement, in addition to all other remedies, penalties and damages provided by law, LATC may provide such services, and deduct the cost of doing so from the amounts due or to become due to the CONTRACTOR. The costs to be deducted shall be the actual costs to LATC to provide such services, or the costs shown on the Services and Payment schedule, whichever is greater. 6. ADMINISTRATION OF CONTRACT CONTRACTOR'S compliance with this Agreement shall be supervised and administered by LATC. 7. SYSTEM MANAGEMENT The System Manager shall be responsible for monitoring all aspects of the system operation and maintenance, including but not limited to, ridership, quality of service, fare collection, maintenance and repair work, attitudes, motivations, and performance of all personnel. 8. BUSES AND EQUIPMENT LATC shall supply CONTRACTOR with the buses and equipment specified in the Scope of Work and RFP or any subsequent amendments hereto for fixed route operations. CONTRACTOR shall supply all necessary equipment to provide ADA complementary paratransit services as specified in the Scope of Work and RFP or any subsequent amendments hereto. CONTRACTOR shall provide all other equipment necessary to operate the transit system as specified in this Agreement. -30- ---PAGE BREAK--- CONTRACTOR shall have the ability/resources to provide buses to meet schedule demands. 9. EMPLOYEE QUALIFICATIONS/TRAINING/WORK RULES CONTRACTOR shall comply with the employee qualification, training, and work rule requirements specified in Section IV for all employees, whether full-time or part-time. 10. TELEPHONE SERVICE CONTRACTOR shall comply with the Scope of Work, relative to the delineation of telephone requirements. 11. HOLIDAYS CONTRACTOR agrees to furnish services in accordance within schedules established by LATC. Non-operating days and/or holiday schedules shall coincide with the following holidays: FY2014 FY2015 FY2016 Holiday Oct 13- Sept 14 Oct 14- Sept 15 Oct 15- Se_p_t 16 Thanksgiving Day Nov.28,2013 Nov. 27,2014 Nov. 26,2015 Christmas Day Dec.25,2013 Dec.25,2014 Dec. 25, 2015 New Year's Day Jan. 1,2014 Jan. 1,2015 Jan. 1,2016 Memorial Day May 26,2014 May_ 25, 2015 May 30,2016 Independence Day July 4, 2014 July 4, 2015 (Sat.) July 4, 2016 Labor Day Sept. 1, 2014 Sept. 7, 2015 Sept. 5, 2016 CONTRACTOR shall post notice of holiday schedule, if service is provided or not provided, in all buses used in LATC TRANSIT service at least one week in advance of each upcoming holidays, as well as issue press releases to local newspapers, television station, and radio stations regarding such. 12. CHANGES IN LEVEL OF SERVICE The level of service required of CONTRACTOR shall be as specified in the Cost Proposal which is in effect at the time in question. The procedures for implementing changes in the level of service are specified in Scope of Work. -31- ---PAGE BREAK--- 13. COMPENSATION/PAYMENT The methods and basis of compensation and payment under this Agreement are specified in Section IV, Part 3, Compensation and Payment. 14. INSURANCE a. General Insurance Provisions (Non-Vehicle} CONTRACTOR shall procure and maintain for the duration of this Agreement, insurance against claims for injuries and/or death to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his/her agents, representatives, employees, or subcontractors. The contract shall carry insurance at a minimum coverage through the duration of the contract as follows: Statutory Workmen's Compensation whether self-employed or other form of business entity and/or disability protection plan for self-employed contractors. ii.) Contractor's Public Liability and Property Damage: Bodily Injury Each person Each accident Property Damage Each accident $500,000 $500,000 $500,000 and to name LATC as an additional insured under it's policies. The Contractor also agrees to provide a Certificate of Insurance with provision for a thirty (30) day cancellation notice to LATC. Type and Scope of Required Insurance 1. Commercial General liability: coverage in an amount no less than $1 ,000,000 per occurrence for bodily injury and property damage. If a general aggregate limit shall apply to this coverage, the aggregate limit shall apply separately to this project. 2. Worker's Compensation Insurance: with statutory limits as required by the State of Maine. Any deductibles or self-insured retentions must be declared to and approved by LA TC. At the option of LATC, either: insurer shall reduce or -32- ---PAGE BREAK--- eliminate such deductibles or self-insured retentions as respects LATC, its officers, officials, employees and volunteers; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Worker's Compensation insurance shall be endorsed to provide that it shall not be canceled or altered without first giving 30 days prior written notice to LA TC by Certified Mail and that all rights of subrogation against LATC, its officers, officials, employees, agents or volunteers are waived. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A. CONTRACTOR shall provide LA TC with original endorsements affecting coverage required by the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by LATC before final execution of this Agreement. b. Fidelity Bond/Theft Insurance CONTRACTOR shall secure for its employees a fidelity bond or theft insurance protecting LATC from employee theft up to the amount of ten thousand ($10,000) for any one occurrence. Such fidelity bond or insurance policy shall name LATC as loss payee with respect to amounts claimed thereunder arising out of CONTRACTOR'S performance under this Agreement. CONTRACTOR shall provide LA TC with a copy of said bond or policy accompanied by proof of payment for same. c. Vehicle Liability, and Collision and Comprehensive Insurance CONTRACTOR understands it shall provide liability insurance for the LATC'S transit and service vehicles and will add LA TC as an additional insured to the CONTRACTOR liability policy. Liability insurance shall be provided and maintained throughout the life of the contract at $10,000,000 per occurrence, as follows: Motor Vehicle Public Liability and Property Damage: Bodily Injury Each person Each accident Property Damage Each accident -33- $500,000 $500,000 $500,000 ---PAGE BREAK--- CONTRACTOR understands that it shall be fully responsible for the liability deductible, and for any comprehensive deductible, and for any collision deductible for all transit vehicle accidents. CONTRACTOR shall give prompt notice to LA TC and the Contractor's insurance provider of any occurrence, accident, loss, incident or event which might give rise to a claim. That notice must include the date, time, place and circumstances of the occurrence including the names and addresses of any potential claimants and/or witnesses. 15. INDEMNIFICATION AND HOLD HARMLESS CONTRACTOR hereby agrees to indemnify, defend, release and hold LATC and its officers, officials, employees, agents or volunteers harmless from any claims, liability actions, damages, penalty, or cause of liability imposed for injury, including death and property damage, by any person including CONTRACTOR, its employees and agents from any cause whatsoever in any manner whether directly or indirectly caused, occasioned, or contributed to, or claimed to be caused, occasioned, or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of the CONTRACTOR, or of anyone acting under CONTRACTOR'S direction or control, or on its behalf, or of LA TC, or of anyone acting under LATC'S direction or control or on its behalf, in connection with or incident to, or arising out of the performance of this Agreement, regardless of the existence or degree of fault or negligence , whether active or passive, sole or concurrent (but excluding gross negligence or intentional acts), on the part of LATC or anyone acting under its direction or control, or on its behalf. In addition, CONTRACTOR shall indemnify LA TC, its officers, officials, employees, agents or volunteers from CONTRACTOR'S failure to comply with all applicable laws and regulations. Indemnification shall not be limited by the limits of any insurance to be maintained by the CONTRACTOR hereunder and shall survive the termination/expiration of this Agreement. 16. MAINTENANCE RECORDS AND INSPECTION Records of all maintenance and inspections shall be kept and made available to LATC, MaineDOT, the Bureau of Public Safety and/or other regulating or law enforcement agencies with jurisdiction when requested. LATC maintains the right to inspect, examine and test, at any reasonable time, any equipment used in the performance of the work in order to insure compliance with this agreement. Such LATC inspection shall not relieve the CONTRACTOR of the obligation to continually monitor the condition of such buses and to identify and correct all substandard or unsafe conditions immediately upon discovery. CONTRACTOR shall transport all such vehicles at CONTRACTOR's expense, to LATC's designated inspection facilities when requested by LATC. -34- ---PAGE BREAK--- In the event that CONTRACTOR is instructed by LA TC, MaineDOT, the Bureau of Public Safety, or any other regulatory or law enforcement agency to remove any equipment from service due to mechanical and/or safety reasons, CONTRACTOR shall make any and all specified corrections and repairs to the equipment and resubmit the equipment for inspection and testing before it is placed in service. 17. FEDERAL, STATE AND LOCAL LAWS CONTRACTOR warrants and covenants that they shall fully and completely comply with all applicable Federal, State and local laws and ordinances, and all lawful orders, rules and regulations issued by any authority with jurisdiction in all aspects of its performance of this Agreement. CONTRACTOR shall comply with all applicable standards, orders, or requirements issued under 306 of the Clean Air Act [42 USC 1857 Section 508 of the Clean Water Act (33 USC 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15), which prohibits the use under non-exempt Federal contracts, grants or loans of facilities on the EPA List of Violating Facilities. CONTRACTOR shall report violations to FTA and the USEPA Assistant Administrator for Enforcement (EN-329). CONTRACTOR shall comply with Section 103 of the CONTRACT Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor Regulations (29 CFR Part 4 Under Section 11 03 of the Act, CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of eight hours and a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half (1 1/2) times the basic rate of pay for all hours worked in excess of eight hours in any calendar day, or forty (40) hours in the work week. CONTRACTOR shall hold LATC harmless from any claims or charges by reason of CONTRACTOR's or any subcontractor's failure to comply with the above Act's or any regulations adopted pursuant thereto and shall reimburse LA TC for any fines, damages, or expense of any kind incurred by it for reason of said failure. CONTRACTOR, by signing this Agreement, certifies that his/her name does not appear on the Comptroller General's List of Ineligible Contractors for federally- assisted projects. Policy. It is the policy of the United States Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in while or in part with Federal funds under this Agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this Agreement. -35- ---PAGE BREAK--- MBE Obligation. CONTRACTOR agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 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 Agreement. In this regard, CONTRACTOR shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority businesses have the maximum opportunity to compete for and perform contracts. CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. Failure to carry out the requirements set forth in the two above-mentioned paragraphs shall constitute a material breach of this Agreement and, after notification of the DOT, may result in the termination of this Agreement by LA TC or such remedy as LATC deems appropriate. CONTRACTOR shall comply with Section 23.45 and Appendix A of 49 CFR Part 23 (See "Federal Register," Volume 46, No. 80, April 27, 1981, pages 23461 and 23462). 18. NON-DISCRIMINATION A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin or ancestry. CONTRACTOR shall take affirmative action to ensure that applicants are employed, and that employees are treated equally during their employment without regard to their race, religion, color, sex, age, or nation origin or ancestry. CONTRACTOR must submit a properly executed and current Employer Report (EE0-1) upon request by LATC. B. Non-discrimination in Service. CONTRACTOR shall not discriminate, nor allow any of its officers, employees, or agents to discriminate against any passenger or patron because of race, color, sex, age, or national origin or ancestry. C. Notice of Discrimination Complaint. CONTRACTOR shall notify LA TC of any discrimination complaints. D. CONTRACTOR Sole Expense. CONTRACTOR shall, at its sole cost and expense, conform to any final orders issued by any State or Federal agency with jurisdiction to correct CONTRACTOR'S discrimination in employment and/or ridership and shall fully save harmless and indemnify LA TC in this regard. -36- ---PAGE BREAK--- 19. PERMITS TO OPERATE At its sole cost and expense, CONTRACTOR shall obtain any and all permits, licenses, certificates, or entitlements to operate as are now or hereafter required by any agency, to enable CONTRACTOR to perform this Agreement, and shall provide copies of all such entitles to LATC when received by CONTRACTOR. 20. NOTICE OF DEFICIENCIES The Transit Coordinator may issue a Notice of Deficiencies to CONTRACTOR, specifying areas of unsatisfactory performance and specifying what improvements are necessary to correct the deficiency or deficiencies. Such notice shall specify the provision(s) of this Agreement which address the issue. CONTRACTOR shall correct the deficiency within reasonable time limits specified by LATC. 21. REQUEST FOR PROPOSALS AND PROPOSAL In addition to the specific duties of CONTRACTOR set forth herein, the parties intend that the public transportation system described in the RFP, Scope of Work and CONTRACTOR's Cost Proposal is that which CONTRACTOR shall provide. CONTRACTOR, therefore, covenants to all things required by the RFP and proposal, whether or not specifically recited herein. 22. FORCE MAJEURE CONTRACTOR shall not be charged, nor shall LATC demand from CONTRACTOR, damages because of failure in providing the services indicated in this Agreement due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR. Such causes of excusable delay may include acts of public enemy, military attack and/or other actions, fires, floods, snow stores, earthquakes, epidemic, quarantine, restrictions, strikes, freight embargoes, public road closures, but in every case the delay is excusable only for so long as, and to the extent, that the excusable delay continues. CONTRACTOR shall be entitled to no compensation for any service, the performance of which is excused pursuant to this paragraph. In the event that CONTRACTOR is unable to provide the services indicated due to any cause, he shall make reasonable attempt to so notify the public including notification to local newspapers, and if appropriate, local radio and television stations. -37- ---PAGE BREAK--- Whenever CONTRACTOR has knowledge that any actual or potential force majeure may delay or prevent importance of this Agreement, CONTRACTOR, on a timely basis, shall notify LATC of the facts and, thereafter, shall report to LATC all relevant information then known to CONTRACTOR, and shall continue to so report. 23. NO CONFLICTING USES CONTRACTOR shall not operate, lease or charter LATC-provided buses and equipment used for this Agreement for any purpose other than this Agreement, unless specifically authorized by LA TC or the Transit Coordinator. 24. NOTICE All notices shall be made by certified United States mail, postage prepaid, return receipt requested, or hand-delivered, addressed as follows: CONTRACTOR LATC Marsha Bennett, Transit Coordinator Lewiston-Auburn Transit Committee c/o Androscoggin Valley Council of Governments 125 Manley Road Auburn, Maine 04210 Service of such notices shall be deemed complete on the date of deposit in the United States Mail or hand-delivered. 25. NOT CONTRACT OF EMPLOYMENT It is understood and acknowledged that this Agreement is not a CONTRACT of employment between LATC and the CONTRACTOR or any agents, officers, or employees of CONTRACTOR. CONTRACTOR is, and shall at times be, deemed to be an independent CONTRACTOR. CONTRACTOR is not authorized to bind LATC to any CONTRACTS or other obligations. CONTRACTOR is not an agent of LA TC, and shall at no time represent itself to be such agent or employee. -38- ---PAGE BREAK--- 26. PERFORMANCE BOND CONTRACTOR shall perform no services pursuant to this Agreement, nor be entitled to compensation therefore, unless and until CONTRACTOR submits a bond or other acceptable security to LATC, such bond executed by CONTRACTOR and a surety company licensed to do business as such in the State of Maine, such bond in the amount of TWENTY PERCENT (20%) of the first year's CONTRACT price, and which shall at all times be kept in full force and effect. The condition of such bond shall be that CONTRACTOR shall fully and faithfully perform all conditions and covenants of this Agreement or that the face amount of such bond shall be forfeited to LA TC. The bond may be a renewable one-year bond, and shall be renewed annually before its expiration date, provided, however, that such bond must remain in full force and effect from and after the date LA TC makes any demands for payment on the bond until LATC release such claim. Provision of such bond or its equivalent, approved by LA TC, is a material covenant of this Agreement. LATC shall not approve any security which is not unconditionally payable to LA TC upon LATC demand. 27. PRECEDENCE OF CONTRACT DOCUMENTS The total agreement between the parties consists of the documents specified in this section. In the event of a conflict or ambiguity arising between such documents or any term therein, the document executed later in time shall prevail over the document executed earlier in time, as follows: A. Any supplemental agreements executed after the date of this Agreement or orders issued pursuant to this Agreement. B. This Agreement, including Exhibits A through H. C. The Request for Proposals and Addenda, if any. 28. CONTINUITY This Agreement is binding upon each of the parties and their respective heirs, executors, assigns, and successors. 29. ASSIGNMENT (CONTRACTOR) The performance of this Agreement may not be assigned, or in any way subcontracted on a continuing basis, except upon the prior written consent of LATC. LA TC shall not consent to any proposed assignment or subcontracting, novation, or other writing which would have the effect of relieving CONTRACTOR or CONTRACTOR's surety of their responsibility and/or liability under this Agreement. -39- ---PAGE BREAK--- 30. ASSIGNMENT (LATC) LATC reserves the right to assign its responsibilities under this contract to any existing or future governmental entity for the provision of public transportation services. Such assignment shall constitute a complete novation between LATC and CONTRACTOR; and receipt by CONTRACTOR from LA TC of sums then due and payable for services rendered pursuant to this Agreement prior to assignment shall constitute a complete accord and satisfaction as between LA TC and CONTRACTOR. 31. TRANSITION TO FUTURE BUS CONTRACTOR For up to ninety (90) days following the award of contract to a second contractor, CONTRACTOR shall provide to either LA TC or any future CONTRACTOR selected by LA TC, CONTRACTOR's full cooperation in the transition to the successor CONTRACTOR. CONTRACTOR shall provide its best professional effort to assure a smooth transition from CONTRACTOR's services to the new provider's services, and shall cooperate fully with the LATC and the new provider to this end. 32. ADVERTISING No advertising or advertising contract of any type other than transit-related material shall appear either on the interior or the exterior of any bus placed in LATC TRANSIT service, or be entered into by CONTRACTOR with a third party, unless specifically approved by LATC. 33. ADDITIONAL TERMS The validity in while or in part of any provision of this Agreement shall not affect validity of other provisions. LA TC's failure to insist in any one or more instances upon the performance of any term or terms of this Agreement shall not be construed as a waiver or relinquishment of LA TC's right to such performance or to future performance of such a term or terms, and CONTRACTORS obligations in respect thereto shall continue in full force effect. Time shall be of the essence. Changes hereto shall not be binding upon LA TC except when specifically confirmed in writing by LATC. -40- ---PAGE BREAK--- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Lewiston-Auburn Transit Committee, a quasi-municipal organization: 8 : LATC Chairperson ATTEST: LATC Clerk CONTRACTOR, _ Contractor Signature Title -41- ---PAGE BREAK--- SECTION IV SCOPE OF WORK I. GENERAL ADMINISTRATION AND MANAGEMENT A. Organization CONTRACTOR shall operate the system in compliance with LATC operating policies and local ordinances applicable to this service, providing management, technical and operating personnel and services necessary for the operation of LA TC's fixed route bus system and ADA complementary paratransit service. All services rendered shall be subject to the control of LA TC and coordinated by LATC. Responsibility for CONTRACTOR's day-to-day operations shall be vested in the CONTRACTOR's full-time System Manager. In addition, an officer or owner of the CONTRACTOR shall be available either by phone or in person to make decisions or provide coordination as necessary. LATC maintains the right to inspect, examine or test at any reasonable time any of the facilities, records, (including, but not limited to, financial, personnel or maintenance) or equipment used in the performance of the work, or otherwise monitor CONTRACTOR's work in order to assure compliance with this Scope of Service. B. Liaison CONTRACTOR's System Manager or appointed delegate shall be available for liaison activities as follows: 1 . Meet and confer with LATC personnel on a frequent basis, not less than weekly. 2. Represent the CONTRACTOR at LA TC meetings as required and upon the request of the Transit Coordinator. 3. Attend meetings with community organizations, user groups, or agencies as required and upon request of the Transit Coordinator. -42- ---PAGE BREAK--- 4. CONTRACTOR shall also provide, at no additional charge to LATC, review and comment on transit plans, equipment purchases, and operational issues changes when proposed by LATC. Also, CONTRACTOR is expected to advise LATC on suggestions that may improve service, efficiency, or performance. C. Roles of Each Party to This Agreement CONTRACTOR shall provide daily management of bus operations, shall maintain and repair all equipment, shall order/stock supplies, parts, fuel and oil, and other items and materials needed for transit operations. CONTRACTOR shall provide for the preparation of certain operational reports and records as required by law enforcement, the Department of Motor Vehicles, LA TC, or any other federal, state, regional or local agency having jurisdiction over the activities being performed by the CONTRACTOR. The CONTRACTOR will provide all management personnel, drivers, dispatchers, safety and training personnel, customer service representatives, clerks, mechanics, service personnel, and any other personnel necessary to the proper completion of this contract. CONTRACTOR shall provide the necessary vehicles required for the provision of ADA complementary paratransit service. LATC will provide vehicles for fixed route service, bus stop signs, poles, shelters and benches, marketing materials, printed schedules, planning, and other policy related functions appropriate to LATC's role as owner of the transit system. 11. TRANSIT SERVICE TO BE PROVIDED A General The service to be provided generally consists of operating a comprehensive system of fixed-route bus and ADA complementary paratransit services within the Cities of Lewiston and Auburn. Service generally operates between 6:00a.m. and 6:45p.m. Monday through Friday, between 9:15a.m. and 5:15p.m. on Saturday. At the present time, no service is provided on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. See attached service schedules and related public information materials for further information. B. Beginning Service Level "Beginning Service Level" is hereby specified for fixed route as 22,168 Revenue Vehicle Hours and 237,848 Revenue Vehicle Miles per year. "ADA Service Area" is the three-quarter mile area surrounding the bus routes of the fixed route system. -43- ---PAGE BREAK--- C. Changes in Level of Service The service level set forth in the Cost Proposal, is the amount of service to be operated for each corresponding fiscal year. LATC may increase, decrease, or otherwise change the service to be provided. Changes to service levels are provided for as follows: 1 . Emergency Adjustments Temporary emergency adjustments in service may be initiated either by LA TC or CONTRACTOR only in the event of an emergency or circumstances which requires a detour or an adjustment in routing or scheduling under circumstances where there is no opportunity for the parties to confer; provided, however, that such adjustments do not constitute a "substantial change" as defined below. The party initiating the emergency adjustment shall notify the other party immediately of such occurrence. The Transit Coordinator shall specify steps to be taken by CONTRACTOR to notify patrons of the change in routing and/or scheduling necessitated by such emergency adjustments, and/or modifications to the emergency adjustment made by CONTRACTOR. In making temporary emergency adjustments, the CONTRACTOR shall be liable for any added expenses. 2. Non-Substantial Changes in Service Level LATC, through the Transit Coordinator, may order non-substantial increases, decrease or other alterations to the service upon written notice to the CONTRACTOR. Said notice shall specify the change(s) requested and the effective date(s). CONTRACTOR shall be allowed thirty (30) days to implement non-substantial changes, however, LA TC shall endeavor to provide CONTRACTOR with earlier notice whenever possible. 3. Substantial Changes in Service Level Definition: Any proposed change in the service level shall be deemed a "substantial change" if such results in one or more of the following conditions: a. An increase of 3% or more in revenue vehicle hours system-wide, as computed from the Beginning Service Level; b. A decrease of 3% or more in revenue vehicle hours system-wide, as computed from the Beginning Service Level; -44- ---PAGE BREAK--- c. The cumulative total of non-substantial service changes over a period of time that results in a service level either more than 3% above, or less than 3% below the established Beginning Service Level. Notice: CONTRACTOR shall be given no less than thirty (30) days written notice of the intent to order such substantial changes, and shall have an opportunity to be heard prior to the adoption of such an order. Such order shall not be effective sooner than ninety (90) days from the date of adoption, unless mutually agreed otherwise in writing by both parties. Compensation: Any substantial change to the service level, as defined above, shall be cause for renegotiation of the CONTRACTOR Cost Proposal. 4. Changes in Subsidiary Duties LATC may request changes in CONTRACTOR's reporting requirements, training and safety program, preventative maintenance and repair program, inventory requirements, testing procedures, personnel practices and/or other operating details not resulting in changes in level of service. If CONTRACTOR declines such requests, or such request would result in a material increase in CONTRACTOR's costs or in the time required for performance, CONTRACTOR shall notify LATC and within seven days after receipt of such order, shall submit a claim detailing such objections and/or increases. The parties shall negotiate an equitable settlement of CONTRACTOR's claim, which reflects actual increases or decreases in CONTRACTOR's total costs to perform this Agreement caused by the change in question. Ill. COMPENSATION/PAYMENT A. Basis of Compensation Compensation under this Agreement is the Contractor's Cost Proposal for the applicable fiscal year. B. Submission of Invoices Invoices and supporting documents are to be submitted to the Transit Coordinator on a basis and in the format specified by LATC. Upon verification of the accuracy and completeness of the invoice by the Transit Coordinator, the claim shall be forwarded for payment approval to LA TC. CONTRACTOR's invoice submission for service provided the previous month shall include the required reports, and shall be submitted to the Transit Coordinator by the 20th of the month. -45- ---PAGE BREAK--- C. Payment Payment will be made to CONTRACTOR as federal, state and local funds are available to LA TC. Due to Congressional budget approval and FT A's application process, the availability of FTA funds is not always timely for the start of a fiscal year. This has the potential to cause delays in reimbursement for federal subsidy. Delays in federal reimbursement will require the CONTRACTOR to be able to finance operations until such time that funds are available. D. Other Expenses If necessary, additional payments shall be paid by LATC to CONTRACTOR, for services, special purchases, or other items and activities not covered under the primary sections of this Agreement. IV. PERSONNEL A. General 1. Full-Time Management Personnel The CONTRACTOR shall provide all management personnel necessary to responsibly operate LA TC Transit, including, but not limited to: full-time System Manager, full-time Maintenance Manager, full-time office personnel, qualified supervisory personnel and bus drivers and qualified dispatchers. 2. Sole Employees of CONTRACTOR Employees shall at all times be and remain the sole employees of CONTRACTOR, and CONTRACTOR shall be solely responsible for payment of all employee's wages and benefits. CONTRACTOR shall comply with all applicable State and Federal laws with respect to employer's liability, workers' compensation, unemployment insurance and other forms of Social Security, and also with respect to withholding of income tax at its source from the wages of said employees. CONTRACTOR shall indemnify and hold harmless LATC from and against any and all liability, damages, claims, costs and expenses of whatever nature arising from labor issues between the CONTRACTOR and any of its employees or job applicants. CONTRACTOR shall be solely responsible for its own legal representation relating to any labor issues between the contractor and any of its employees or job applicants. LATC shall not attempt to directly discipline or terminate any CONTRACTOR employee. LATC may advise CONTRACTOR of any employee's inadequate performance which may have a negative impact on the services being provided, and CONTRACTOR shall take prompt action -46- ---PAGE BREAK--- to remedy the situation. In extreme cases, LA TC may demand the removal of a CONTRACTOR employee, and CONTRACTOR shall effect removal immediately. B. System Manager The CONTRACTOR shall employ a full-time System Manager. The System Manager shall be ultimately responsible for all CONTRACTOR activities and shall be the primary day-to-day liaison between LA TC and CONTRACTOR. C. Maintenance Manager The CONTRACTOR shall employ a full-time Maintenance Manager. The Maintenance Manager shall be responsible for all CONTRACTOR vehicle maintenance and related activities, and shall be directly responsible to the System Manager. D. Office Personnel The CONTRACTOR shall employ a full-time office personnel. The office personnel shall be responsible for all CONTRACTOR revenue controls, office, clerical, sales, and data collection activities, and shall be directly responsible to the System Manager. E. Availability and LATC Right of Rejection The System Manager, Maintenance Manager, office personnel and other management personnel shall be available for the entire contract period. Should the System Manager or Maintenance Manager leave LA TC site for any reason, LATC reserves the sole right to accept or reject any persons proposed by CONTRACTOR to be placed in these positions. Should LATC deem it necessary to the proper execution of this contract, LATC reserves the sole right to require CONTRACTOR to remove and replace any person placed in the positions of System Manager or Maintenance Manager. F. Written Job Descriptions CONTRACTOR shall maintain written job descriptions, including the details of job duties and minimum requirements of all employee classes required to operate and maintain transit service. D. Driver's Manual CONTRACTOR shall produce and supply to all operating and maintenance personnel, an up-to-date, comprehensive Driver's Manual. This manual shall address: -47- ---PAGE BREAK--- Driver Qualifications - Job description, training requirements, procedures and policies, license requirements, and minimum performance standards. Driver Duties- Pre-trip check-out inspection procedures, marketing support, dress code, incident and accident reporting, and general duties. General Rules and Policies - Work rules, personnel policies, including absenteeism and extra-board procedures, transfers, fare collection, employment agreements, traffic/safety rules run selection and bids, late and missed trip policies. Vehicle Orientation - Standard operating procedures, including vehicle maneuvering, wheelchair lift operation, kneeling, radio procedures, passenger assistance and relations (including the elderly and handicapped), accident and emergency/hazardous conditions driving procedures, defensive driving, role of dispatcher/road supervisor, alcohol and drug abuse policies, mandated testing program, employee benefits and assistance program, etc. V. TRAINING AND SAFETY PROGRAM CONTRACTOR shall have a comprehensive, ongoing training, safety and safety awards program for all employees. Records of training for each employee shall be made available for LATC inspection on demand. VI. SYSTEM OPERATIONS AND SUPERVISION A. On-Time Performance and Road Supervision CONTRACTOR shall provide service in compliance with all currently adopted bus schedule and routes, and shall strive to operate all service "on-time." CONTRACTOR shall also have at least one Dispatcher in the office and one supervisor on-duty at all times when buses are in revenue service or deadheading. B. Driver Uniforms, Appearance, Courtesy CONTRACTOR shall provide and maintain clean, identical uniforms for all drivers. At a minimum, uniforms shall include: Shirts with an LATC Transit logo. The shirt shall have the driver's name located on the front of the shirt. CONTRACTOR shall supervise all drivers to the end that they are courteous to all patrons at all times and in all situations, and that they respond to patrons' questions regarding use of the transit system or connecting systems accurately and courteously C. Employee Work Rules -48- ---PAGE BREAK--- The following rules shall be enforced by the CONTRACTOR: 1. Uniforms a. Must be worn at all times when on duty. b. Shall be clean and presentable at all times. c. Uniform designs and colors subject to LATC approval. 2. Gratuities a. Shall not be accepted. b. All cash shall go into farebox without being handled by the driver. 3. Knowledge of Routes a. Drivers should have thorough knowledge of all routes. b. Drivers shall also have a basic knowledge of fare/transfer policies, routing, and transfer locations. 4. General Rules a. No one, including drivers, is permitted to smoke aboard buses at any time. b. Drivers are not to eat or drink aboard buses at any time when passengers are also aboard. c. Drivers shall NEVER use boisterous language, profanity, or act uncivil to anyone while in a LATC Transit uniform, on or off duty. Infractions of this rule shall be grounds for termination. d. While in uniform, no employee shall purchase, consume, or be under the influence of any alcoholic beverage. e. No employee shall purchase, consume, or be under the influence of any illegal narcotic, intoxicant, or harmful drug while on-duty. f. Drivers shall be responsible for keeping all buses clean and sanitary during their shift. -49- ---PAGE BREAK--- g. All employees are responsible for reporting any defects a bus may have to a Road Supervisor or Dispatcher immediately. Drivers shall conduct a complete inspection of their vehicle and fill out an inspection report form before operating it. Drivers shall have maintenance personnel resolve any doubts about the safety of a bus. h. Employees may use buses and support vehicles only in accordance with their assigned duties. i. Employees must conduct themselves and operate buses in a safe and courteous manner at all times. j. Proper destination sign headings must be displayed at all times. k. No one shall be permitted to solicit on the bus. I. No animals, except service animals for the disabled, shall be permitted on the bus unless in an appropriate container and under the absolute control of its owner. m. All information regarding accidents shall be confidential. Employees shall refrain from speaking to anyone concerning any accident unless it is to Police, Fire Department, supervisory personnel, or other person(s) involved in the accident as required by law. n. Persons under the influence of any intoxicant, narcotic, or harmful drug shall not be permitted on the bus. o. Drivers providing service must travel over prescribed routes and maintain time schedules. If it becomes necessary to leave the route, the Dispatcher shall be notified immediately. No run shall be "cut short" except when running fifteen (15) or more minutes late, and approved by the Dispatcher. p. Buses shall stop along any of the designated bus stops upon request from the rider. Stops shall be made in safe locations. When practical, the bus driver shall pull the bus as close to the curb as possible. q. No vehicle shall be operated when its condition is unsafe. r. Drivers shall utilize the farebox system properly, recording ridership data in the format required. s. Drivers shall NEVER leave a bus unattended unless the transmission is placed in park or neutral, the parking brake is set, and the engine is turned off. -50- ---PAGE BREAK--- t. Drivers shall NEVER leave passengers on an unattended bus unless the transmission is placed in park or neutral, the parking brake is set, the engine is turned off, and the air to the front doors is turned off such that, in an emergency, passengers may easily push the front doors open. u. Drivers shall verbally call out all bus stops listed in the time schedule as the bus approaches those stops. v. Any passenger indicating the presence of a disability which inhibits their ability to board the bus using the steps, may request the use of the passenger lift, whether in a mobility device or standing. D. Transfers Drivers shall issue transfer coupons to passengers upon request. Transfers between local routes shall be free, while an appropriate upgrade fare may be required for transfers to higher cost services. Drivers shall be diligent in assuring that presented transfers have not expired, and that the transfer is correct in all other ways. Drivers shall collect transfers upon receipt. E. Drug Testing Program CONTRACTOR shall establish and maintain a drug testing program that is fully compliant with Federal Transit Administration (FTA) requirements. VII. MAINTENANCE AND REPAIRS A. General CONTRACTOR shall perform all preventative maintenance, repairs, major component rebuild/replacement, and cleaning necessary to maintain all LATe- provided buses and support vehicles in the safest, most efficient working condition at all times. Each bus shall meet all applicable laws and codes for operating on public streets in the State of Maine and conform to all Maine Highway Safety regulations and orders. All preventative maintenance, repairs, and major component rebuilding/replacement shall be performed in accordance with these specifications: the original equipment manufacturer's (OEM) specifications and applicable warranty conditions, the CONTRACTOR's maintenance program as specified in his/her Proposal, and the best general practices of the transit industry. CONTRACTOR shall also maintain a vehicle parts inventory, including an -51- ---PAGE BREAK--- adequate stock of commonly used items that is properly organized to allow quick retrieval of needed items for repairs and other work. CONTRACTOR shall also actively maintain a system of ordering and restocking commonly used items on a regular basis. CONTRACTOR shall supply LATC with a report indicating mileage, parts and labor costs, and fuel used on a bus-by-bus basis; labor costs by maintenance employee; PM/'s performed and at what scheduled versus actual mileage interval; and a summary listing of all work orders processed. CONTRACTOR's maintenance facility and location for parking buses when not in service shall be located in Lewiston or Auburn. B. Preventative Maintenance and Minor Repairs CONTRACTOR shall perform all Preventative Maintenance Inspections (PMI's), at 6,000 mile intervals, or in accordance with OEM recommendations, whichever is more strict. CONTRACTOR shall adhere to PMI Program detailed in the CONTRACTOR's Proposal to LATC, unless altered by mutual agreement. CONTRACTOR's PMI program shall meet or exceed OEM specifications and requirements. PMI inspections and repairs shall occur at, or before, the designated time or mileage intervals, whichever occurs first. CONTRACTOR's overall PMI program shall also be sufficient so as not to invalidate or lessen any warranty coverage of any LATC-provided buses, support vehicles, and equipment. CONTRACTOR's PMI program must include, at minimum, but not be limited to the following: 1. All lubrication and oil filter change intervals shall be performed in accordance with OEM specifications and requirements, and the schedule provided in the CONTRACTOR's Proposal to operate LATC's bus system. Modification of oil change intervals is subject to prior approval from LATC. Such approval shall not be issued unless CONTRACTOR presents written evidence that any warranty coverage will not be adversely impacted by modifying such change intervals. 2. Brake inspections and adjustments shall be performed at intervals that insure the safe and efficient operation of the braking system. 3. All mechanical, electrical, fluid, air, hydraulic systems, fire extinguishers, first aid kits, and other vehicle components and accessories related to safety shall be inspected at least once weekly, and repaired or items replaced as needed to maintain safe operation and working order. 4. All components of the bus bodies, windows, appurtenances, and frames shall be maintained in a safe, sound and undamaged condition at all times. Repairs (including body, glass, and all bus appurtenances) shall be made -52- ---PAGE BREAK--- expeditiously. 5. The interior passenger compartment shall be free of exhaust fumes from the engine, engine compartment, and exhaust system of the bus. 6. Heating and air conditioning systems shall be maintained, and used to ensure that the passenger compartment is comfortably maintained on all in- service runs. CONTRACTOR shall maintain the heating and air conditioning systems in an operable condition throughout the entire year. 7. Seats shall be maintained in proper condition at all times. All tears, gum, graffiti, and other damage shall be repaired in a professional manner immediately upon their discovery. CONTRACTOR shall replace seat covers which are worn or cannot be professionally repaired, using materials which are identical in design and color as those materials being replaced, unless supplies of such materials are no longer available commercially. 8. All wheelchair lift-related equipment shall be inspected, serviced, and lubricated at intervals necessary to insure that the wheelchair lifts are fully operational whenever the vehicle is used in revenue service. Each wheelchair lift shall be cycled each day the lift-equipped vehicle is in revenue service to ensure working condition. C. Major/Heavy Repairs Labor and material costs for major repairs necessitated by normal wear and tear will be the financial responsibility of the CONTRACTOR. For purposes of this Agreement, major repairs include; rebuilding/replacement of engines, transmissions, running gears, wheelchair lifts, suspension components, and brake overhauls. Major repairs may be accomplished by CONTRACTOR's personnel and/or by outside specialty vendors approved by LA TC, depending upon the work to be done. D. Warranty Work Any work performed by CONTRACTOR on LATC vehicles under warranty shall comply with the following conditions: 1. CONTRACTOR shall comply with all warranty specifications and requirements of the original equipment manufacturer (OEM). 2. CONTRACTOR shall guarantee that his/her preventative maintenance program will not invalidate or shorten warranty coverage provided by the OEM. 3. Subject to prior written authorization of the OEM, CONTRACTOR may perform warranty work on LATC-provided buses. -53- ---PAGE BREAK--- 4. CONTRACTOR shall be held financially liable to absorb expenses for all repairs which would have been covered under warranty, had it not been invalidated by CONTRACTOR's actions. 5. Reimbursement revenue received for all authorized warranty work performed by CONTRACTOR shall become property of the CONTRACTOR. E. Cleaning CONTRACTOR shall provide all labor and materials necessary to keep LA TC's vehicles clean at all times. CONTRACTOR shall wash the exteriors of the vehicles, including support vehicles, at least weekly, and shall clean the interiors of the vehicles daily by picking up all litter, sweeping the floor, and cleaning the windows if required. CONTRACTOR shall mop vehicle floors and clean all other interior items including indoors of the windows if required. CONTRACTOR shall mop vehicle floors and clean all other interior items including indoors of the windows at least weekly. F. Maintenance Records and Inspections Records of all maintenance and inspections shall be kept and made available to LATC, and/or other law enforcement/regulating agencies with jurisdiction when requested. LATC maintains the right to inspect, examine and test, at any reasonable time, and equipment used in the performance of the work in order to insure compliance with this Agreement. Such LATC inspections shall not relieve the CONTRACTOR of the obligation to continually monitor the condition of such buses and to identify and correct all substandard or unsafe conditions immediately upon discovery. CONTRACTOR shall transport all such vehicles at CONTRACTOR's expense to LATC's designated inspection facilities when requested by LA TC. In the event that CONTRACTOR is instructed by LATC or any other law enforcement or regulatory agency to remove any vehicle from service due to mechanical and/or safety reasons, CONTRACTOR shall make any and all specified corrections and repairs to the vehicle and resubmit the vehicle for inspection and testing before it is placed back into service. -54- ---PAGE BREAK--- G. Building and Fixed Asset Maintenance LATC shall be responsible for the maintenance of all landscaping, and general janitorial services at the Oak Street bus station located on Main Street in Lewiston, Maine, and the Great Falls facility located in Auburn, Maine. LATC shall strive to keep the building clean and free of trash and other refuse. VIII. PUBLIC RELATIONS AND INFORMATION A. Customer Service CONTRACTOR shall provide live customer information over the telephone and in- person to the public between 7:30 a.m. and 5:30 p.m., Monday through Friday. At all other times, CONTRACTOR shall provide and utilize an automated telephone answering system to announce general LATC Transit information. CONTRACTOR shall maintain at his/her expense, telephone line(s) dedicated to LATC Transit information. All customer service representatives shall be knowledgeable of schedules, routes and services of LATC Transit. All calls shall be answered in a courteous, timely and professional manner. Said customer service representatives shall also have adequate training to possess sufficient knowledge of other transit services that connect to LATC Transit. CONTRACTOR shall ensure that Customer Service Representatives have proper empathy, customer relations, telephone technique, and public speaking training. B. Public Information CONTRACTOR shall provide and post notices of holiday or special service schedules in all buses used in LATC Transit service at least one week in advance of each upcoming holiday or special services. LATC shall provide route and schedule brochures, maps, flyers, and other public information materials, and CONTRACTOR shall be responsible for distributing them to passengers in person, at local outlets, on buses or by mail and/or posting appropriate items in buses. CONTRACTOR shall utilize appropriate personnel in the community for outreach and marketing purposes. elementary school presentations, transit fares, disability groups, social service agencies, community service clubs, and other community events.) In addition, CONTRACTOR shall, when requested by LATC, distribute surveys to passengers, and/or otherwise provide reasonable assistance in LATC's monitoring and marketing activities. -55- ---PAGE BREAK--- C. Commercial Advertising Any commercial advertising posting in or on buses or related printed transit materials shall be at the discretion of LA TC, and any revenue forthcoming shall be property of LATC, unless otherwise specified. D. Complaints CONTRACTOR shall follow procedure for handling passenger complaints as specified in its Proposal and approved by LATC. CONTRACTOR shall provide copies of all passenger complaints and the responses made to the Transit Coordinator, in an approved format. IX. RECORDS, REPORTS, FAREBOX REVENUES A. Records CONTRACTOR shall be responsible for collection and maintenance of data pertaining to all phases of the transit system operation, as specified hereunder, and/or necessary for the preparation of required reports. B. Record Access LATC, other authorized governmental agencies, or any of their duly authorized representatives shall have access to any books, documents, papers and records of the CONTRACTOR which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts and transcriptions of CONTRACTOR's files. C. Financial Records CONTRACTOR shall maintain accurate and complete books, records, data and documents in conformance with generally accepted accounting principles and in such detail and form so as to meet applicable local, State and Federal requirements. A complete and separate set of books, accounts, and/or records shall be maintained by CONTRACTOR, which shall show details of transactions pertaining to the management, maintenance, and operation of only this system under the terms of this Agreement. System transactions shall not be co-mingled with CONTRACTOR's other operations, if any. CONTRACTOR's records shall be kept with sufficient detail to constitute an audit trail to verify that any and all costs charged to the system created by this Agreement are in fact due to operations pursuant to this Agreement, and not due to separate operations by CONTRACTOR. -56- ---PAGE BREAK--- D. Vehicle Records CONTRACTOR shall keep and maintain (separated by vehicle) hard copies of all work orders, warranty dockets, and maintenance records on LA TC-provided vehicles and equipment for as long as LATC owns such, or until this Agreement is terminated, whichever occurs first, releasing all such documents to LATC upon request and upon termination of this Agreement. E. Reports Due on a Basis CONTRACTOR shall collect all required data on a daily basis and submit summary reports to the Transportation Manager, along with invoices, by the twentieth (20th) of the following month. The required reports include, but may not be limited to: Total Ridership, by Route and Fare Category (Adult, Youth/Student, Seniors, Handicapped, Free Fares, and Transfers). Total Passenger Revenue Summary, by Route. Vehicle Total Service Hours and Miles, by Route. Service Break Summary, of Breakdowns, Roadcalls, Missed Trips, and Delays over fifteen (15) minutes. Complaints. Compliments, Service Request Refused. Vehicle Condition Summary, by Vehicle. -Mileage (month, year to date, total). -Fuel and Oil Consumption (miles per unit). -Accidents. -Roadcalls (including malfunction description). -Preventative Maintenance and Inspection Program (actual vs. scheduled). -Summary of major component rebuilding/repairs made. Equipment Status Summary (all other LATC-owned equipment). General Summary of other problems, evaluations, suggestions for improvements. Pass and Ticket Sales Report of number of tickets and passes sold by each vendor over the last month. Maintenance Report of vehicle statistics, mechanic efficiency, work order summary, and other significant data from the computerized maintenance system. -57- ---PAGE BREAK--- F. Accident Reports Accident reports are to be submitted to LATC within one business day for injury accidents, within three business days for non-injury accidents. Telephone notification on all injury accidents shall be provided to LATC immediately. G. Complaints/Requests CONTRACTOR shall receive complaints and requests from the public with courtesy, and shall keep written records of all complaints and requests received. CONTRACTOR shall respond to all complaints received, transmitting such records and responses to LA TC on a basis as indicated above. H. Reports to Be Prepared by LA TC All reports required by LATC, the Federal Transit Administration, and other similar government agencies, shall be prepared and submitted by LATC, using CONTRACTOR-compiled data as appropriate, including but not limited to National Transit Database reporting. I. Farebox Revenues All fares collected by the CONTRACTOR are the property of LATC, and LA TC reserves the right to set fare rates for passengers. Such rates may be revised from time to time by LA TC, and set at such level as may be determined to be in the best interest of LATC. LATC shall provide CONTRACTOR with at least ten (10) days notice before revised fares are to become effective. Fares shall be deposited by passengers in locked fareboxes provided by LATC. Drivers shall not make change, handle passenger fares in any way, or sell tickets and passes. CONTRACTOR shall post notices on all buses that the correct change for fares is required, and information regarding locations where tickets and passes may be purchased. CONTRACTOR shall remove farebox vaults from the buses on a daily basis, and the vault contents shall be deposited in a CONTRACTOR account by CONTRACTOR's. -58- ---PAGE BREAK--- J. Pass Sales Network and Administration CONTRACTOR staff shall establish and administer a formal network of bus pass and ticket sales outlets. CONTRACTOR shall collect revenues from said sales outlets on a basis and deposit revenues in designated CONTRACTOR account. CONTRACTOR shall be responsible for the delivery of all passes and tickets to contracted sales outlet at the proper time each month, and shall maintain records of revenues, number and kinds of tickets and passes sold, and other information needed by LA TC. LATC shall be responsible for the marketing and information campaign regarding available ticket and sales outlets. -59- ---PAGE BREAK--- SECTION V Performance Bond Know All Men by These Presents, Thmwe AS PRINCIPAL, AS SURETY, are held and firmly bound unto LATC, a quasi-municipal organization, hereinafter called LA TC in the penal sum of (20% of accepted proposal) submitted by said principal to LATC, for the work described below, for the payment of which sum in lawful money of the United States, Well and truly to be made, we bind ourselves, our heirs, executors, administrators and successor, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH That whereas the Principal has submitted the above mentioned Proposal to LATC for certain services, and LA TC has accepted and bound Principal to implement said Proposal, specifically described as follows: The Management and Operation of LATC Transit Bus Service In the event suite is brought upon this bond by the Obligee and judgment is recovered, the surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court. -60- ---PAGE BREAK--- IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 2013. (SEAL) (SEAL) (SEAL) Principal (SEAL) (SEAL) (SEAL) Surety Address--------- NOTE: Signatures of the person(s) executing this instrument for surety must be properly acknowledged. -61- ---PAGE BREAK--- EXHIBIT A city/ink Bus Route Description Lewiston- Auburn Transit Committee October 2012 1- Main Street bus route: Depart Oak Street Bus Station, Oak Street, tum left onto Bates Street turn right onto Main Street, (6:00 and 6:30 AM)- from Main Street turn left onto Strawberry Avenue, proceed to River Valley Village Community Center, tum left onto Tall Pine Drive, tum right onto Northwood Road, turn right onto Main Street to Marketplace Mall parking lot, turn around. From Marketplace Mall, turn right onto Main Street, turn right onto Mollison Way, turn left onto Fair Street, tum left onto College Street, turn left onto Montello Street, turn right onto Fair Street, turn right onto Mollison Way, turn right onto Main Street, turn left onto Gulf Island Road, turn left onto McArthur Avenue, turn left onto Nimitz Street, turn right onto Main Street right, turn right into Marden's. From Marden's exit onto Northwood Road, turn right, turn left onto Tall Pine Drive, turn right onto Strawberry Avenue, turn right onto Main Street, turn left onto Park Street, turn left onto Oak Street, arrive at Oak Street bus station. (7:00AM and 4:15PM route deviation)- from Main Street turn left onto Strawberry Avenue, proceed to River Valley Village Community Center, turn left onto Tall Pine Drive, tum right onto Northwood Road, turn right onto Main Street to Marketplace Mall parking lot, turn around. From Marketplace Mall, tum right onto Main Street, tum right onto Mollison Way, turn left onto Fair Street, turn left onto Montello Street, turn right onto East Avenue, turn left into Montello School. Depart Montello School, turn right onto East Avenue, turn right onto Montello Street, turn right onto College Street, turn right into Geiger Elementary School. Depart Geiger School, turn right onto College Street, turn left onto Stetson Road, tum right onto Main Street, turn left onto Nimitz Street, turn right onto McArthur, turn right onto Gulf Island Road, turn right onto Main Street, turn left onto Stetson Road, tum right onto College Street, tum right onto Montello Street, turn right onto Fair Street, turn right onto Mollison Way, turn right onto Main Street, turn left into Marden's. From Marden's exit onto Northwood Road, turn right, turn left onto Tall Pine Drive, turn right onto Strawberry Avenue, turn right onto Main Street, turn left onto Park Street, turn left onto Oak Street, arrive at Oak Street bus station. Depart Oak Street Bus Station, Oak Street, turn left onto Bates Street turn right onto Main Street, tum left onto Strawberry Avenue, proceed to River Valley Village Community Center, turn left onto Tall Pine Drive, turn right onto Northwood Road, turn right onto Main Street to Marketplace Mall parking lot, turn around. From Marketplace Mall, tum right onto Main Street, turn right onto Mollison Way, turn left onto Fair Street, turn left onto Montello Street, tum right onto East Avenue, turn left into Montello School. Depart Montello School, turn right onto East Avenue, turn right onto Montello Street, turn right onto College Street, turn right into Geiger Elementary School. Depart Geiger School, turn left onto College Street, turn right onto Montello Street, turn right onto Fair Street, tum right onto Mollison Way, tum right onto Main Street, turn left into Marden's. From Marden's exit onto Northwood Road, turn right, turn left onto Tall Pine Drive, turn right onto Strawberry Avenue, turn right onto Main Street, turn left onto Park Street, turn left onto Oak Street, arrive at Oak Street bus station. ---PAGE BREAK--- 2- Sabattus Street bus route: (6:00 and 6:30AM) Depart Oak Street Bus Station, Bates Street, tum left onto Pine Street, turn left onto Leeds Street, turn left onto Webster Street, turn right onto Central Avenue, turn right onto Campus Avenue, turn left onto Sabattus Street, turn right onto Pond Road, turn left onto Grove Street, turn left onto Sabattus Street, turn right into Hannaford Supermarket parking lot, exit parking lot onto Highland Avenue, turn left onto Highland Avenue, turn right onto Sabattus Street, turn right onto Campus Avenue, turn left onto Central Avenue, proceed straight onto Ash Street, turn right onto Bates Street, turn right onto College Street, turn left onto Blake Street, tum left onto Oak Street, turn left onto Bates Street, arrive at Oak Street Bus Station. Depart Oak Street Bus Station, Bates Street, turn left onto Pine Street, turn left onto Leeds Street, turn left onto Webster Street, turn right onto Central Avenue, turn right onto Campus Avenue, turn left onto Sabattus Street, turn left onto Highland Avenue, turn right into Hannaford Supermarket parking lot, exit parking lot turning left onto Sabattus Street, turn right onto Rideout Avenue, turn right onto Fisher Avenue, turn onto Hillside Lane, stop at Hillview Recreation Center. Depart Hillview turning left onto Cole Street, turn left onto Rideout Avenue, turn right onto Sabattus Street, tum right onto Pond Road, turn right onto Grove Street, turn left onto Sabattus Street, turn right onto Highland Avenue, turn right into Hannaford parking lot, exit parking lot turning right onto Sabattus Street, turn right onto Campus Avenue, turn left onto Central Avenue, proceed straight onto Ash Street, turn right onto Bates Street, turn right onto College Street, turn left onto Blake Street, turn left onto Oak Street, turn left onto Bates Street, arrive at Oak Street Bus Station. *On request, the out-bound Sabattus Street bus will serve Pond Road and Grove Street prior to arriving at Hillview Apartments. 3- Lisbon Street bus route: (6:00 and 6:30AM) Depart Oak Street Bus Station, Bates Street, proceed on Bates Street, turn right onto Maple Street, turn left onto Canal Street, merge onto Lisbon Street, proceed to Westminster Street, tum left onto Westminster Street, tum right into University of Southern Maine-UA (through campus parking lot), exit left onto Saratoga, turn left onto Lexington, turn left onto Alfred Plourde Parkway, tum right onto Pleasant Street, tum left into Shaw's. Exit Shaw's at East Avenue entrance, proceed straight into Lewiston Mall parking lot exiting at Essex Street entrance, turning right onto Lisbon Street, turn right onto Maple Street, turn left onto Bates Street, turn right onto College Street, turn left onto Blake Street, turn left onto Oak Street, turn left onto Bates Street, arrive at Oak Street Bus Station. Depart Oak Street Bus Station, Bates Street, proceed on Bates Street, tum right onto Maple Street, tum left onto Canal Street, merge onto Lisbon Street, turn right onto Essex Street turn left into Promenade Mall (Staples}, turn left to exit onto Lisbon Street at traffic light, proceed straight onto East Avenue, turn right into Shaw's parking lot, proceed through parking lot exiting onto Pleasant Street. At Pleasant Street tum left and proceed straight onto Bartlett Street, turn left into Lewiston Mall, exit mall parking lot at Essex Street entrance, tum left onto Lisbon Street, yield right to Exit SO/Alfred Plourde Parkway, turn right onto Challenger Drive, tum right into Veterans Administration Health Clinic, exit VA onto Challenger Drive, tum left onto Alfred Plourde Parkway, yield right to Lisbon Street, turn left onto Westminster Street, turn right into University of Southern Maine-UA (through campus parking lot), exit left onto Saratoga, turn left onto Lexington, turn left onto Alfred Plourde Parkway, turn right onto Pleasant Street, turn right onto Scribner Boulevard, turn left onto Ashmount Street to Pleasant View Apartments exiting on Fairmount Street, turn right onto Scribner Boulevard, turn left onto Pleasant Street, turn left into Shaw's. Exit Shaw's at East Avenue entrance, proceed straight into Lewiston Mall parking lot exiting at Essex Street entrance, turning right onto Lisbon Street, tum right onto Maple Street, ---PAGE BREAK--- turn left onto Bates Street, turn right onto College Street, turn left onto Blake Street, turn left onto Oak Street, turn left onto Bates Street, arrive at Oak Street Bus Station. 4- New Auburn bus route: (To Lewiston) Depart Great Falls Transfer Hub, exit Great Falls Plaza via Turner Street, straight onto Hampshire Street, tum left onto Spring Street, turn left onto Elm Street, turn right onto Main Street, turn right onto Mill Street to Barker Arms, turn around existing via Mill Street, turn right onto South Main Street, turn right onto Cook Street, tum right onto 8th Street, turn left onto South Main Street, turn right onto 7th Street, turn left onto Mary Carroll Street, turn left onto 3rd Street, turn right onto Dunn Street, turn left onto 2nd Street, tum left onto Mill Street, turn right onto Broad Street, proceed to Lewiston, Cedar Street, turn left onto Lincoln Street, turn right onto Chestnut Street, turn left onto Lisbon Street, tum right onto Pine Street, turn left onto Bates, turn right onto College Street, turn left onto Blake Street, turn left onto Oak Street, turn left onto Bates Street, arrive at Oak Street Bus Station. (To Auburn) Depart Oak Street Bus Station, Bates Street, turn right onto Ash Street, turn left onto Park Street, turn right onto Chestnut Street, turn left onto Lincoln Street, turn right onto Cedar Street, proceed into New Auburn, straight on Broad Street, tum left onto South Main Street, tum right onto Cook Street, turn right onto 8th Street, turn left onto South Main Street, turn right onto 7th Street, turn left onto Mary Carroll Street, turn left onto 3rd Street, turn right onto Dunn Street, turn left onto 2nd Street, tum left onto Mill Street, proceed to Barker Arms. Depart Barker Arms on Mill Street, turn left onto Main Street, straight to Great Falls Plaza, straight to Great Falls Transfer Hub. 5- Minot Avenue bus route: Depart Great Falls Transfer Hub, exit Great Falls Plaza via Turner Street entrance, straight onto Hampshire Street, turn left onto Spring Street, turn right onto Elm Street, turn left onto Minot Avenue, turn right onto Western Avenue, turn left onto Court Street, turn right onto Minot Avenue, turn left onto Hotel Road, turn left onto Rodman Road, turn right into Rite Aid/Health South entrance, proceed behind Rite Aid exiting right onto Minot Avenue, proceed onto Union Street By-pass, turn right onto Hampshire Street, straight to Great Falls Plaza, turn left to Great Falls Transfer Hub. 6- College Street bus route: (To Auburn) Depart Oak Street Bus Station, Bates Street, turn left onto College Street, turn left onto Russell Street, proceed across Veteran's Memorial Bridge to Auburn onto Mount Auburn Avenue, turn left onto Turner Street, turn right into Wai-Mart parking lot, proceed to bus stop at Wai-Mart. (To Lewiston) Depart Wai-Mart, via Turner Street parking lot entrance, turn right through round- about, exiting Turner Street northerly, tum right onto Mount Auburn Avenue, proceed across Veteran's Memorial Bridge into Lewiston onto Russell Street, turn right onto College Street, turn right onto Blake Street, turn left onto Oak Street, turn left onto Bates Street, arrive at Oak Street Bus Station. 1 -Auburn Malls bus route: Depart Great Falls Transfer Hub, exit Great Falls Plaza via Turner Street entrance, turn left onto Turner Street, turn right onto Court Street, turn left onto Spring Street, turn right onto Elm Street, turn right onto Union Street By-pass, turn left onto Hampshire Street, turn right onto Gamage Avenue, turn right onto Dennison Street, turn left onto Turner Street, turn right onto Lake Auburn Avenue, turn left onto Center Street, turn left onto Alpha Street, turn right onto University Street, turn left onto Aron Drive, turn right onto ---PAGE BREAK--- Damy Drive, turn left onto Plummer Street, turn right onto Turner Street, enter round-about, exit first right to Wai-Mart. Depart Wai-Mart exiting parking lot via Turner Street, enter round-about, exiting first right southerly on Turner Street, turn left onto Plummer Street, turn right onto Damy Drive, turn left onto Aron Drive, turn right onto University Street, turn left onto Alpha Street, turn right onto Center Street, turn right onto Lake Auburn Avenue, turn left onto Turner Street, turn right onto Dennison Street, turn left onto Gamage Avenue, turn left onto Hampshire Street, straight to Great Falls Plaza, turn left to Great Falls Transfer Hub. 8- Mall Shuttle bus route: Depart Wai-Mart via Mount Auburn Avenue parking lot entrance, proceed straight to Kohl's, turn right (towards Lamey Wellehan), proceed through round-about exiting northerly on Turner Street, turn right into Auburn Mall parking lot, turn left to proceed into Shaw's plaza parking lot, exit via northerly parking lot entrance, proceed straight across Center Street into the K-Mart parking lot. After stopping at K-Mart, exit the parking lot via the northerly entrance, turning right onto Center Street, turn left into Auburn Plaza (stops at Dollar Store, Big Lots, and Hoyt Cinema), exit parking lot turning left onto Joline Drive, tum right onto Turner Street, tum left into Central Maine Community College. Depart Central Maine Community College, turn right onto Turner Street, enter round-about, turn at first right to Kohl's, straight to traffic light at Mount Auburn Avenue, straight to Wai-Mart. 9 - Downtown Shuttle bus route: Depart Great Falls Transfer Hub, exit Great Falls Plaza via Turner Street entrance, straight onto Hampshire Street, turn left onto Spring Street, turn left onto Elm Street, turn left onto Main Street, turn right onto Court Street, proceed across Longley Bridge to Lewiston onto Main Street, turn right onto Park Street, turn left onto Oak Street, arrive at Oak Street Bus Station. Depart Bus Station, turn left onto Bates Street, turn right onto Main Street, turn left onto Hammond Street, turn right onto High Street, turn right onto Main Street, turn left onto Middle Street, turn right onto Oak Street, arrive at Oak Street Bus Station. Depart Bus Station, turn right onto Bates Street, turn right onto Ash Street, turn right onto Lisbon Street, turn left onto Main Street, proceed across Longley Bridge to Auburn, turn right into Great Falls Plaza, proceed straight to Great Falls Transfer Hub. ---PAGE BREAK--- Main Street Sabattus Street Usbon Street New Auburn Minot Avenue College Street Auburn Mall Mall Shuttle Downtown Shuttle Annual Revenue Hours and Miles: EXHIBIT 8 Route Miles and Hours Lewiston- Auburn Transit Committee 2012 Mon-Frl Sat Scheduled Scheduled Hours Runs Hours Runs Miles 1.0 2 9.0 1.0 1 13.0 10 10 4 4 10.5 1 2 7.5 11.0 11 4 4 8.0 1.0 2 7.5 11.0 11 4 4 11.0 12.0 12 4 4 10.0 5.5 11 7.0 6.0 12 3.5 7 6.0 5.0 10 3.5 7 6.0 11.0 22 7 14 6.0 5.0 10 3.5 80.5 116.0 30.0 44.0 105.0 22,168.0 Maximum Annual Operating Days: Weekdays: Monday-Friday 256.0 Saturday 52.0 System operating days 308.0 Mon-Fri Sat Total Miles Miles Miles 18.0 13.0 105.0 42.0 15.0 88.0 32.0 15.0 121.0 44.0 120.0 0.0 77.0 72.0 42.0 60.0 42.0 132.0 84.0 35.0 871.0 286.0 222,976.0 14,872.0 237,848.0 ---PAGE BREAK--- EXHIBIT C Fare Schedule Lewiston-Auburn Transit Committee 2012 Fare Structure (October 2012) Regular Fare: One-way Bus Pass (6 rides) Pass Children Under 5 Students (with ID): One-way Student Pass Senior Citizens and Persons with Disbllities (with Medicare card or ADA indentification): One-way Senior or Disability Pass (11 rides) Senior or Disability Pass ADA: One-way Personal Care Attendent and Children Under 5 $1.50 $7.50 $36.00 Free $1 .25 $18.00 $0.75 $7.50 $18.00 $3.00 Free ---PAGE BREAK--- boarding the bus When boarding, please have your pass, ticket, or transfer ready to give to the driver. When you are paying in cash, please have EXACT change ready to deposit in the fare box. Remember, the driver does not carry change! For your safety, limit your boarding items to what you can carry on at one time. free transfers If you need to transfer to another bus to complete your trip, ask the driver on the first bus you board for a transfer ticket when you get off the bus. Transfers can only be used at Lewiston and Auburn transit centers. Transfers must be used within 60 minutes of the time shown. A transfer from a Lewiston bus can be used at the Aubum transit center and vice-versa. Transfers cannot be used for a retum trip on the same bus, and are not needed or given out on the free Downtown Shuttle or the free Mall Shuttle. free fare shuHies The Downtown Shuttle (Spring St.-Oak St.) and the Mall Shuttle (Wai-Mart-cMCC) are free. A fare or valid transfer is required if you are transferring onto another bus or bus route. service days Service is available Monday through Saturday. Buses do not operate on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, or Christmas Day. EXHIBIT D bus passes Bus passes are available at the follOWing locations: H l (City Clerk's Ofllce) Atlbur• City H (Tu Oflloe) w..t.m rwloH, 78 Melrow ltolld, Aullam Shaw's (Aullum and Lewiston) (Aubum and Lewlsten) Walmart USMJU Collep (USM .tlldents only) CMCC (CM atudelds only) stadlon a..,...und Counter RMir (Oflloe) fares SINIIL2 MUIJI. RIDI RIDE PASS Regular Fare $1.50 6=$7 .50 $36 H.S. Students $1.25 $18 Seniors/Disabled 75~ 11=$7.50 $18 with medicare card or picture ID accessibility clt,llnk has equipped its fleet with passenger lifts that can be used by persons with wheelchairs or walkers or less visible disabilities such as arthritis, heart or breathing impairments that mai11 2:47 2:110 2:11 2:17 3:01 1=01 3:11& 3107 a.4l 3:4'7 S:IO 3:13 3:17 4:03 4:05 4:117 The expanded Saturday service also increases the Auburn Malls route to hourly service with the addition of three more trips, and the Mall Shuttle will be running at uninterrupted 30 minute headways. Saturday service was one of the most frequently requested service improvements over the past years, and once It ran, it proved its potential. •we continue to do our best to adapt the service to meet the needs of the community as we are able; said Marsha Bennett, Transit Planner for the Lewiston-Auburn Transit Committee. 6 colle e stree 4 new auburn • • I e e I 0 e I • iiiii:ill 9:15 9:111 9:27 9:32 9"..36 9-.45 9"A1 9:53 ~ 10:01 10:011 1.US U:19 1.1:27 1.1:32 1.1:35 1.1>45 1.1:47 11:53 1.1:58 1.a:.1 12:01 1:11 1:11 1:27 1:31 1:31 1.l4S 1:47 1:11 1:11 1:01 2:11 S:1l 1:11 3:27 a:u M5 a:m a:u 3:11 4;01 satur ay serVICe& 1nain stt·eet 2 sabattus street 10:22 10:25 10'.30 10'..36 10:40 10:53 12:22 12:25 12:10 12:31 12,40 12:&3 2:22 2:25 z:ao 2:15 2l40 2:53 4:22 4:21 4:,0 4:41 4:40 4:SI ' • ---PAGE BREAK--- ~wisto 9 downtown shuttle Main 5lrMl t) I Ustx>n 9 M~notMnU. Q Clll - 9 Aub11n t) MIIIIS!IIIIIo t !loW!-. Nllr t Auburn a ur weekday b < I ! ' l'tl - ~ · ·at . lt'ltetsr.;·J . . , - • • 777-4563 or purplebus.org . - ~ . . = WOII'III 11fT -r.53 1S7 &GO 1:111 e:os IJS11 8:14 - 8:30 an 1:35 8:3& 1:50 851 a571t.00tl03- ~ !l:lO P:15 l:tO 11:12--- 9>15 9147 1:50 8:53 P:$7 1D:(JO 1001 w:os Wt01 !D'.W 10:15 - IJn2 w:3l5 W:3l - = ~ 9 ~ llfliliii H; lli tm iii HIM U>M - U:A 1J:It U:ST 1:111 - 1:11 - - i:SI i:U - 1.-SI---biOi-- z:u- 2:11 4117 ~ .tr:D '=:17 1101 1cD1 &Ill 1:10 1:2.1 U1 6 colle~e street tiM - sch 1 main street . . ~ . . . . . Mil- -e:1111:19dl 8:30-- &34e:311- II>Q-- 1>17M 11<55 = 1':23 - ?.32 7:3!1 1>45 "r.!O 1:53 7'.50 1:!i9 Ul5 1.0$ 10:03 10:25 Jl>08 10'.32 10o« - 10;53 ID:!II 10:58 U'OI 1~11 11::zs 1ta u.:a 1.1;32 11:44 - wso 1.1;5:1 ll:!ll ll:!ll - ·lfJ~Jf: 'Ill 'fJt : • 'llll&f Y: • Bi f.Y ~ .fl:* w - 110 ill Hi • litil D Mop on request only w - paH'IinP'•· lr ,·.va rl' 'i ·J mun~!·J tt ---PAGE BREAK--- Application Form for ADAPT Americans With Disabilities Act Para Transit Appendix 4 {207) 784w9335 {800) 393-9335 Western Maine Transportation Services, Inc. This form is for individuals who wish to apply for use of the WMTS ADAPT transportation services. ADAPT stands for Americans with Disabilities ParaTransit service. It means that a bus comes to your door and provides local service in the Lewiston and Auburn areas. ADAPT is designed to provide equivalent accessible transportation to anyone who cannot use the fixed bus services of the city link because of disability. The information obtained in this certification process will be shared only with other transportation providers in order to facilitate travel. The information will not be provided to any other person or agency. Should I apply? • Do barriers like steep steps, busy intersections, hills, lack of curb cuts, lack of sidewalks, the unavailability of a lift on a public bus, or heat or cold keep you from using the public bus system? • Does a visual limitation, arthritis, spinal cord injury, traveling alone, difficulty recognizing new destinations or other impairment keep you from using fixed route bus systems? • If you answered yes to any of the above, you may qualify for door-towdoor transportation service with ADAPT. How to apply 1. Complete the general information and release of information on the following pages. 2. Have your doctor's office or rehabilitation specialist complete and stamp or sign the professional verification section. 3. Send the completed application to Western Maine Transportation Services. Continue onto the next page ---PAGE BREAK--- Preparer Signature -If this application has been prepared by someone other than the person requesting ADA certification, that person must complete and sign the following. Name of Preparer Capacity--------- Address------ City State Zip _ _ Da~imePhone Signature of Preparer - / / _ _ Step Two: Get Professional Verification (to be completed by Applicant) Release of Information I, , am going to apply to WMTS to be determined to be "ADA Para transit Eligible". I hereby authorize and direct you to provide the following information regarding my ability to use the transit services. Applicant's Date / / _ _ If the applicant has a cognitive disability please answer the following questions: Is the applicant able to perform the following functions without supervision: 1. Find his/her way between familiar locations? Yes/No Please 2. Signal Driver to get off at familiar bus stop and get off the bus there (assume the driver announces the major stops) Yes/No Please explain - 3. At the bus stop served by more than one bus route, distinguish the correct bus to board and indicate to board? Yes/No Please Information in the box below is to be provided by the Doctor's Office or Rehabilitation Specialist. Note: Federal law requires that paratransit services be provided to persons who cannot use the available acces- sible city bus routes. The information provided will allow WMTS to make an appropriate evaluation of this request and its application to specific trip requests. Thank you for your cooperation in this matter. Medical Diagnosis of the condition causing the disability: - Is this condition temporary? If yes, expected duration: Is there any other effect of the disability of which the Transportation Program should be aware? Please describe - - Your Office Phone Number:-------- - Your Profession: Office Signature or Stamp Date / _ _ / Step Three: When this form is completed, send it to the address on the back. Thank you for your application, it will be processed Note: Applications will be returned when information provided is incomplete. ---PAGE BREAK--- ADAPT Western Maine Transportation Services, Inc. 76 Merrow Road Auburn, Maine 04210 Step One: Complete the Genera/Information Section The applicant is responsible for providing the general information on this page. Section 1: Personal Information Name: Last M.I. Address: State Zip _ _ _ Phone: Date of Birth: _ Section 2: Information about your disability 1. What is the disability which prevents you from using the CityLink. Bus Service? 2. How does the disability prevent you from using the city bus service? 3. Do you use any of the following? (Check all that apply) _Wheelchair _Electric Wheelchair_ Power Scooter_ Cane _ Crutches _Walker _ Guide Dog 4. Do you require a Personal Care Attendant when you travel? yes 5. Can you climb three 12-inch steps without help? yes 6. Is the disability you have temporary? yes 7. Can you travel to and from the fixed route bus stop nearest your residence without help? yes 8. Can you travel314 mile without the help of another person? yes C . "d . h . l' • ? 9. an you walt outs1 e w1t out assistance 10r twenty rrunutes yes Certification of information - The applicant or the guardian must sign the certification even if someone else prepared the application. I hereby certify the information provided above is correct. Signed Date I I no no no no no no ---PAGE BREAK--- Return Address: WMTSADAPT 76 Merrow Road Auburn, Maine 04210 Place Postage Here ---PAGE BREAK--- W~STERN MAINE TRANSPORTATION ADA ELIGIBILITY REPORT Appendix 5 NAME: DATE APP REC'D: ADDRESS: TELEPHONE: _ D.O.B._l_ l PROFESSIONAL VERIFICATION: CONFIRMS CONTRADICTS/MODIFIES ACTION: -:PERMANENT TEMPORARY TIL: _ -----'DENIED I I DATE: _ APPEAL DATE: ACTION: .-:PERMANENT TEMPORARYTIL _ D. ENIED DATE: _ COMPLETED BY .DATE Category #1 Category#2 Category #3 - Unable to mdependently ride Eligible where service is Can't travel to and from bus stop accessible service inaccessible ~Qualifying Inabilit1es 1. Can· t use inaccess service? 1. D1s_~bili~p_revents travel 0 Able t~ szet to bus. stop o Yes (can't use) 0 Yes (short dist. Ideal eire.) 0 Wait 0 - No (cap. use· not eligible} 0 Yes (certain circumstances) IJ Get on/ off 0 No : not eligible a Keep Balance 2. Uses wheelchair? 0 Get to seat 0 Yes 2. Conditions a Grasp 0 No 0 Terrain - 0 Identify bus a. Can use existing lift buses? 0 Weather 0 Get off at right stnp 0 Yes 0 Variable Health a Non~ : NQT eli&!ble 0 No 0 Distance over: b. Oversize wheelchair? 0 Exceptional Trips 2. Conditions 0 Yes 0 Night 0 Weather 0 No a Busy intersections - 0 Variable Health 0 Barriers a Crowds 3. Detennination 0 Exceptional Tnps Q If!nacc. Bus or stop 3. Determination (If No to A orB= Eligible)_ 0 Full (l=lu Ye~) 3. Determination Q If no to A or B = Ell2:ible Q Situational 2n4 Yes) -a 0 _Full (any item 1} _ Not Eli~ible Q Not Eligible (1=no) a ·Situational (any item 2) (No to 1 or Yes to B) a NotEl~ble DATE CERTIFIED _1_1_ CARD#: EXP. DATE: _ 1_ 1 _ DISABILITY: _ o A.L\tf.B RACE: _ o WHEELCHAIR HOH: _ o PCA GENDER: ANY SPECIAL ---PAGE BREAK--- Members: Belinda Gerry Appendix 6 Lewiston-Auburn Transit Committee ADA Advisory Committee Lewiston-Auburn Transit Committee Auburn Representative Ann Bentley John F. Murphy Homes Jack Desjardins Certified ADA Complementary Paratransit Vacant Certified ADA Complementary Paratransit Phil Nadeau Lewiston-Auburn Transit Committee, Chair Lewiston Representative Staff: Marsha Bennett Transit Coordinator AVCOG Ashley Swett ADA Coordinator Western Maine Transportation Services, Inc. Harold Allen Driver Supervisor Western Maine Transportation Services, Inc. ---PAGE BREAK--- EXHIBIT H UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION MASTER AGREEMENT For Federal Transit Administration Agreements authorized by 49 U.S.C. chapter 53, Title 23, United States Code (Highways), the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation Equity Act for the 21st Century, as amended, t~e National Capital Transportation Act of 1969, as amended, the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, February 17,2009, or other Federal laws that FTA administers. FTAMA(18) October 1, 2011 http://www.fta.dot.gov/documents/18-Master.pdf ---PAGE BREAK--- Section 1. Section 2. Section 3. TABLE OF CONTENTS Definitions. Project Implementation. a. General. b. U.S. DOT Administrative Requirements. c. Application of Federal, State, and Local Laws, Regulations, and Directives. d. Recipient's Primary Responsibility to Comply with Federal Requirements. e. Recipient's Responsibility to Extend Federal Requirements to Other Entities. f. No Federal Government Obligations to Third Parties. g. Changes in Project Performance. Ethics. a. Ethical Standards. b. Debarment and Suspension. c. Bonus or Commission. d. Lobbying Restrictions. e. Political Activity. f. False or Fraudulent Statements or Claims. g. Trafficking in Persons. Section 4. Federal Assistance. a. Maximum Federal Assistance. b. Basis for FTA Funding. Section 5. Local Share. a. Restrictions on the Source of the Local Share. b. Duty to Obtain the Local Share. c. Prompt Payment of the Local Share. d. Reductions or Refunds of the Local Share. Section 6. Approved Project Budget. a. Development and Approval. b. Restrictions. c. Amendment. d. Transfer of Funds. e. Budget Revision. f. Additional Federal Funding. g. Unspent Federal Funds. Section 7. Accounting Records. a. Retain Records. b. Maintain Records. c. Control of Project Funds. FTA Master Agreement MA( 18), I 0-1-2011 2 13 20 20 21 22 23 24 25 25 26 26 27 28 28 28 29 30 32 32 33 33 34 34 34 34 34 34 34 35 35 35 35 35 35 35 36 36 ---PAGE BREAK--- d. Documentation of Project Costs and Program Income. e. Checks, Orders, and Vouchers. 36 36 Section 8. Reporting, Record Retention, and Access. 37 a. Types ofReports. 37 b. U.S. Office of Management and Budget (U.S. OMB) Special Reporting Provisions. 37 c. Report Fonnats. 43 d. Record Retention. 43 e. Access to Records of Recipients and Subrecipients. f. Project Closeout. Section 9. Payments. a. Recipient's Payment Requests. b. FTA Payments. c. Costs Reimbursed. d. Bond Interest and Other Financing Costs. e. Ineligible Costs. f. Effect of Federal Payments. g. Final Eligibility Detennination. h. Closeout. i. Notification. j. Recovery of Improper Payments. k. Program Income. I. Federal Claims and Debts, Excess Payments, Disallowed Costs, Refunds Due, and Other Amounts Owed the Federal Government, Including Interest. m. De-obligation of Federal Funds. Section 10. Project Completion, Audit, Settlement, and Closeout. a. Project Completion. b. Audit of Recipients. c. Amounts Owed to the Federal Government. d. Project Closeout. Section 11. Right of the Federal Government to Terminate. a. Justification. b. Financial Implications. c. Expiration of Project Time Period. Section 12. Civil Rights. a. Nondiscrimination in Federal Public Transportation Programs. b. Nondiscrimination- Title VI of the Civil Rights Act. c. Equal Employment Opportunity. d. Disadvantaged Business Enterprise. e. Nondiscrimination on the Basis of Sex. FTA Master Agreement MA(18), 10-1-2011 3 44 45 45 45 45 48 49 49 50 50 50 50 50 50 51 51 51 51 52 53 53 53 53 53 54 54 54 55 56 57 57 ---PAGE BREAK--- f. Nondiscrimination on the Basis of Age. 58 g. Accessibility. 58 h. Drug or Alcohol Abuse- Confidentiality and Other Civil Rights Protections. 59 i. Access to Services for People with Limited English Proficiency. 59 j . Environmental Justice. 60 k. Other Nondiscrimination Laws. 60 Section 13. Planning and Private Enterprise. 60 a. General. 60 b. Governmental and Private Nonprofit Providers ofNonemergency Transportation. 61 c. Infrastructure Investment. 61 Section 14. Preference for United States Products and Services. 61 a. Buy America. b. Cargo Preference- Use of United States-Flag Vessels. c. Fly America. Section 15. Procurement. a. Federal Laws, Regulations, and Guidelines. b. Full and Open Competition. c. Exclusionary or Discriminatory Specifications. d. Geographic Restrictions. e. In-State Bus Dealer Restrictions. f. Project Labor Agreements. g. Federal Supply Schedules. h. Force Account. i. FTA Technical Review. j. Relationship of Project Approval to Third Party Contract Approval. k. Preference for Recycled Products. I. Clean Air and Clean Water. m. National Intelligent Transportation Systems Architecture and Standards. n. Rolling Stock. o. Bonding. p. Architectural Engineering or Related Services. q. Design-Build Projects. r. Award to Other than the Lowest Bidder. s. Award to Responsible Contractors. t. Access to Third Party Contract Records. u. Electronic and Infonnation Technology. Section 16. Leases. a. Capital Leases. b. Leases Involving Certificates of Participation. FT A Master Agreement MA( 18), 10-1-2011 4 62 62 62 62 62 63 63 63 63 63 63 63 63 63 63 64 64 64 65 66 66 67 67 67 68 68 68 68 ---PAGE BREAK--- Section 17. Patent Rights. a. General. b. Federal Rights. c. License Fees and Royalties. Section 18. Rights in Data and Copyrights. a. Definition of"Subject Data." b. General. c. Federal Rights in Data and Copyrights. d. Special Federal Rights in Data for Research, Development, Demonstration, and Special Studies Projects. e. License Fees and Royalties. f. Hold Harmless. g. Restrictions on Access to Patent Rights. h. Data Developed Without Federal Funding or Support. i. Requirements to Release Data. Section 19. Use of Real Property, Equipment, and Supplies. a. Use of Project Property. b. General Federal Requirements. c. Maintenance. d. Records. e. Incidental Use. f. Encumbrance of Project Property. g. Useful Life of Project Property. h. Calculating the Value of Prematurely Withdrawn Project Property. i. Insurance Proceeds. j. Transportation- Hazardous Materials. k. Misused or Damaged Project Property. 1. Disposition of Project Property. m. Responsibilities After Project Closeout. Section 20. Insurance. a. Minimum Requirements. b. Flood Hazards. Section 21. Relocation. a. Relocation Protections. b. Nondiscrimination in Housing. c. Prohibition Against the Use of Lead-Based Paint. Section 22. Real Propertf. a. Land Acquisition. b. Covenant Assuring Nondiscrimination. FTA Master Agreement MA(l8), 10-1-2011 5 68 68 69 69 69 70 70 71 71 72 72 73 73 73 74 74 75 75 76 76 76 77 78 79 79 79 79 80 80 80 81 81 81 81 81 82 82 82 ---PAGE BREAK--- c. Recording Title to Real Property. d. FTA Approval of Changes in Real Property Ownership. Section 23. Construction. a. Drafting, Review, and Approval of Construction Plans and Specifications. b. Supervision of Construction. c. Construction Reports. d. Project Management for Major Capital Projects. e. Seismic Safety. Section 24. Employee Protections. a. Construction Activities. b. Activities Not Involving Construction. c. Activities Involving Commerce. d. Public Transportation Employee Protective Arrangements. Section 25. Environmental Protections. a. National Environmental Policy. b. Air Quality. c. Clean Water. d. Use of Certain Public Lands. e. Wild and Scenic Rivers. f. Coastal Zone Management. g. Wetlands. h. Floodplains. i. Endangered Species and Fishery Conservation. j. Waste Management. k. Hazardous Waste. I. Historic Preservation. m. Indian Sacred Sites. n. Mitigation of Adverse Environmental Effects. Section 26. Energy Conservation. a. State Energy Conservation Plans. b. Energy Assessment. Section 27. State Management and Monitoring Systems. Section 28. Charter Service Operations. a. Applicability. b. Prohibition. c. Charter Service Agreement. d. Violations. Section 29. School Transportation Operations. a. Applicability. FTA Master Agreement MA(18), 10~1~2011 6 82 82 82 82 82 82 83 83 83 83 84 84 84 87 87 88 89 89 90 90 91 91 91 91 91 91 92 92 93 93 93 93 93 93 94 94 94 95 95 ---PAGE BREAK--- b. Prohibition. c. School Transportation Agreement. d. Violations. Section 30. Metric System. a. Use. b. Deliverables. Section 31. Geographic Information and Related Spatial Data. Section 32. Substance Abuse. a. Drug-Free Workplace. b. Alcohol Misuse and Prohibited Drug Use. Section 33: Federal $1 Coin Requirements Section 34. State Safety Oversight of Rail Fixed Guideway Public Systems. Section 35. Motor Carrier Safety. a. Financial Responsibility. b. Safety Requirements. c. Driver Qualifications. d. Substance Abuse Rules for Motor Carriers. Section 36. Safe Operation of Motor Vehicles. a. Seat Belt Use. b. Distracted Driving, Including Text Messaging While Driving. Section 37. Protection of Sensitive Security Information. Section 38. Special Notification Requirements for States. a. Required Information. b. Documents Affected. Section 39. Special Provisions for the Urbanized Area Formula Program. a. General. b. Fares and Services. c. Audit Requirements. d. Half-Fare Requirements. e. Operations. f. Public Transportation Security. g. Public Transportation Enhancements. h. Reporting Requirements. i. Participation of Subrecipients. Section 40. Special Provisions for the Elderly Individuals and Individuals with Disabilities Formula Program and Pilot Program. a. Programs. b. General. c. Participation of Subrecipients. FTA Master Agreement MA(18), 10-1-2011 7 95 95 95 96 96 96 96 96 96 97 97 97 98 98 98 98 98 99 99 99 99 101 101 101 102 102 102 102 103 104 104 104 104 104 105 105 105 l05 ---PAGE BREAK--- d. Eligible Subrecipients. e. Eligible Project Activities. f. Leasing ofVehicles. g. Transfer of Project Property. Section 41. Special Provisions for the New Freedom Program. a. General. b. Participation of Subrecipients. Section 42. Special Provisions for the Nonurbanized Area Formula Program. a. General. b. Participation of Subrecipients. c. Eligible Project Activities. d. Transfer of Project Property. e. Intercity Transportation. f. Reporting Requirements. g. Provisions Applicable to Indian Tribes. Section 43. Special Provisions for the Clean Fuels Grant Program. Section 44. Special Provisions for Research, Development, Demonstration, and Special Studies Projects. a. General. b. Project Report. c. Project Identification. d. Protection of Human Subjects. e. Protection of Animals. f. Export Control. Section 45. Special Provisions for Medical Transportation Projects. Section 46. Special Provisions for the National Technical Assistance Center for Senior Transportation. Section 47. Special Provisions for Human Resources Fellowships. a. General. b. Fellowship Awards. Section 48. Special Provisions for the Job Access and Reverse Commute (JARC) Formula Grant Program. a. General. b. Participation of Subrecipients. Section 49. Special Provisions for the Paul S. Sarbanes Transit in Parks Program. a. General. b. FTA Notice. c. Order of Precedence. Section 50. Special Provisions for the Over-the-Road Bus Accessibility Projects. a. General. FT A Master Agreement MA(l8), 10-1-2011 8 106 106 106 106 107 107 107 107 108 108 108 109 109 109 110 110 110 110 111 112 113 113 113 114 114 114 114 115 115 115 115 116 116 116 116 116 116 ---PAGE BREAK--- b. Accessibility. 117 c. Employee Protective Arrangements. 117 d. FT A Notice. 117 e. Order of Precedence. 117 Section 51. Special Provisions for State Infrastructure Bank Projects. 117 a. General. 117 b. Limitations on Accessing Federal Funds in the Transit Account. 118 Section 52. Special Provisions for TIFIA Projects. 119 a. General. 119 b. Default. 119 c. Order of Precedence 119 Section 53. Special Provisions for Recovery Act Projects. 119 a. Identification of Recovery Act Funding. 119 b. Identification ofProject(s). 120 c. Prompt Implementation. 120 d. Federal Requirements. 120 e. U.S. OMB Provisions. 121 f. One-Time Funding. 122 g. Funding Limits. 122 h. Integrity. 123 i. Violations ofLaw. 123 j . Maintenance of Effort. 123 k. Emblems. 123 l. Contracts Financed With Recovery Act Funds. 123 m. Future Federal Requirements and Directives. 123 Section 54. Special Provisions for Joint Ff A - FRA Recovery Act Projects. 124 a. General Legal Requirements. 124 b. Disadvantaged Business Enterprises. 124 c. Buy America. 124 d. Force Account- Procurement. 125 e. Procurement of Rolling Stock. 125 f. Use of Real Property, Equipment, and Supplies. 125 g. Davis-Bacon. 125 h. Employee Protective Arrangements. 125 i. Motor Carrier Safety. 126 j. Railroad Safety. 126 Section 55. Freedom of Information Act. 126 a. Applicability. 126 b. Project Records. 126 FTAMaster AgreementMA(l8), 10-1-2011 9 ---PAGE BREAK--- c. Confidentiality. 126 Section 56. Disputes, Breaches, Defaults, or Other Litigation. 127 a. Notification to FTA. 127 b. Federal Interest in Recovery. 127 c. Enforcement. 127 d. FTA Concurrence. 128 e. Alternative Dispute Resolution. 128 Section 57. Amendments to the Project. 128 a. Changed Circumstances. 128 b. Changed Information. 129 Section 58. FTA's Electronic Management System. 129 a. Recipient Use. 129 b. TEAM System Terms. 129 Section 59. Information Obtained Through Internet Links. 129 a. Accuracy. 129 b. Relationship to Master Agreement. 129 c. Official Sources. 129 Section 60. Severability. 129 FTAMaster AgreementMA(l8), 10-1-2011 10