Invitation To Bid for Annex Building Demolition and New Construction

Western Reserve Transit Authority (WRTA) is seeking bids for the demolition, rebuild and modification to existing buildings at WRTA's facility located at 604 Mahoning Ave. Youngstown ,Oh. The project consists of the permitting, demolition, and construction of a bus storage facility to support a fleet of battery electric buses (BEBs), including the installation of multiple electric vehicle charging stations and associated electrical infrastructure. As well as modifications to the existing bus storage and wash bay buildings.

Project Details

• Reference ID: ITB 2026-4
• Department: Maintenance
• Department Head: Jeff Siwiec (Director)

Important Dates

• Questions Due: 2026-04-27T14:00:00.000Z
• Answers Posted By: 2026-05-01T14:00:00.000Z
• Pre-Proposal Meeting: 2026-04-16T14:00:00.000Z — WRTA Boardroom

Evaluation Criteria

• Overview of Western Reserve Transit Authority —

  WRTA has been Youngstown's public transit system for over 50 years providing daily service Monday–Saturday and and expanded to offering service to all of Mahoning County in 2008 with additional service of one fixed route to Warren, Oh. The bulk of WRTA’s service consists of twenty-seven (27) fixed routes, most of which originate from the Federal Station Transit Center, located in downtown Youngstown. WRTA also operates four (4) suburban loop routes in Mahoning County. WRTA also provides extensive curb-to-curb demand response services to the elderly and disabled throughout the county.  WRTA has a fleet of 74 transit buses of various sizes .WRTA currently operates 56 vehicles that service over 22 fixed routes in Mahoning County and parts of Trumbull County. WRTA also has 26 vehicles providing paratransit, and countywide door to door service in Mahoning County.

• Definitions —

  The term "WRTA", "Authority", “Recipient,” or "Purchaser", where it appears in the contract documents means the Western Reserve Transit Authority, 604 Mahoning Avenue, Youngstown, Ohio 44502.

  The term "FTA" refers to the Federal Transit Administration.

• Bids —

  Bids shall be submitted electronically through the OpenGov portal. Submissions must include all required forms fully executed along with all requested submissions as described within solicitation documents.  Bids must be submitted by the date and time in the Timeline Section of this solicitation. 

   

• Project Overview —

  This project will involve the demolition and or modification of multiple existing buildings at 604 Mahoning Ave. This includes:

  1. Demolish the existing building and construct a new bus storage building that will accommodate the charging of battery electric transit vehicles.

  1. Site work will be limited to replacing the concrete aprons at both ends of the building to allow grading and utility modifications.
  2. The project will include the installation of 
     1. new mechanical
     2. new electrical
     3. new fire suppressions and alarm systems.
  3. The existing utilities will be reused and modified as required.

  2.Renovations to the existing Bus storage building and Bus wash bay area will include:

  1. New metal panel facade and repairs to the existing floor slab.
  2. The current fire suppression system will be removed and replaced with a new system.

  3. It is important to take into account that full transit operations will continue during the construction process.

  4. Additional information pertaining to the current buildings specifications i.e. utilities, property line, building dimensions and drawings can be found in Section 7 Project Documents. Additional project specifications and requirements can be found in the project Documents section.

   

   

   

• Project Notice —

  Notice is hereby given that Western Reserve Transit Authority (WRTA) is solicitating an Invitation to Bid for Annex Building Demolition and New Construction.

  
   Detailed specifications can be found at https://procurement.opengov.com/portal/wrtaonline or  www.wrtaonline.com/about/procurement-and-surplus/.   The WRTA Procurement Process is a fully automated, web-based electronic bidding and vendor management system powered by OpenGov.  Bids must be submitted using WRTA’s OpenGov portal in accordance with requirements set forth within the bid documents.  Submissions due on or before 10:00 AM, May 12,2026, there will be a public bid opening conducted at WRTA 's boardroom on May 12,2026 at 10:00 AM. Results will be posted on the OpenGov procurement portal following the bid opening. All vendors suppling a bid will receive an email with the opening results.
  The Western Reserve Transit Authority reserves the right to reject any and/or all bids, to re-advertise for bids and to waive any informality in any bid and to determine the most responsive bid by its own criteria, as described within the specification.

• No Federal Government Obligations to Third Parties —
  1. WRTA and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities of WRTA, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
  2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA.  It is further agreed that the clause shall not be modified, except to identify the Subcontractor who will be subject to its provisions.
• Purpose —

  The Western Reserve Transit Authority seeks to establish a contract in accordance with the specifications, terms and conditions set forth within this Invitation to Bid (ITB).  

• Program Fraud and False or Fraudulent Statements and Related Acts —
  1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.  Upon execution of the underlying Contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract or the FTA assisted project for which this Contract work is being performed.  In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
  2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
  3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA.  It is further agreed that the clauses shall not be modified, except to identify the Subcontractor who will be subject to the provisions.
• Request for Approved Equals —

  Proposers should note that all brand names in the Technical Specifications are meant for informational purposes only and an approved equal is always an acceptable substitute for any brand name mentioned.

  Bidders may submit to WRTA requests for approved equals provided that such requests for approved equals are:

  1. Submitted as a question on the Opengov portal.  All requests must be received by WRTA no later than the solicitation question deadline; and
  2. Provide evidence such as technical data, test results, or other pertinent information that demonstrates that the substitute offered is equal to or better than the specification requirement.  A link may be pasted in the question submittal area to assist with defining specific product information. 
  3. Additional information may be requested as needed.
• Technical Proposal —

  For bidder(s) to be considered responsive to the bid, if awarded, contractor must provide detailed engineering design drawings and/or cut sheets for all items as requested in any section of the specifications.  Notify the project architect of any items that are not available prior to bidding.  Failure to notify will imply the bidder can and will supply all items specified.  By submitting a bid, the contractor is certifying that the project as designed, can and will be constructed and completed within the timeframe specified.

• Questions —

  Questions must be submitted using the Question & Answer tab on the OpenGov portal prior to the solicitation question submittal deadline. Question submitted via email will not be issued a response and not included in the question & answer section or addenda.

• Award Procedure —

  The basis for the award shall be for the lowest, most responsive, responsible bidder.  The contract will be awarded within sixty (60) days to the successful bidder after WRTA has determined the bid to be in its best interest.  WRTA reserves the right to reject any and all bids when such rejection is in their opinion, in WRTA's best interest.  WRTA also reserves the right to waive any informalities in any bid.

  Each bidder shall be prepared to present evidence of experience, qualifications, and financial ability to carry out the terms of the contract.

  The bidder agrees that the submitted bid will be valid for at least a sixty (60) day period from the date the bids are opened.

• Access to Third Party Contract Records and Reports —
  1. WRTA is a political sub-division of the State of Ohio and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i). The Contractor agrees to provide WRTA, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.  The Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
  2. The Contractor agrees to permit WRTA to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
  3. The Contractor agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case the Contractor agrees to maintain same until WRTA, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.  Reference 49 CFR 18.39(i) (11).
  4. FTA does not require the inclusion of these requirements in subcontracts.
• Changes to Federal Requirements —

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

• Additional Considerations —
  1. Changes in Scope-of-Work:  without invalidating the Contract, WRTA may order additions to or deletions from the work to be performed.
  2. Pre-contractual Expenses:  WRTA will not be liable for any pre-contractual expenses incurred by any bidder, or selected bidder.  Pre-contractual expenses are defined as expenses incurred by bidders in: 
     1. Preparing bid in response to this ITB
     2. Submitting bid to WRTA
     3. Negotiating with WRTA on any matter related to bid
     4. Incurring other expenses by bidder or selected bidder prior to date of award of any Agreement.  The bidder will not include any such expenses as part of the bid in response to this ITB. WRTA will 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 ITB.
  3. Verbal Agreement or Conversation:  no prior, current, or post award verbal agreement(s) with any officer, agent, or employee of WRTA will affect or modify any terms or obligations of this ITB or any Contract resulting from this procurement. 
• Bidder's Responsibility —

  Each bidder shall familiarize themselves  with all solicitation documents including attached documents and forms, the bidder will be held responsible to comply fully therewith.

• Termination of Contract —
  1. Termination For Convenience – (General Provision) WRTA may terminate this contract, in whole or in part, at any time by written notice to the contractor when it is in WRTA’s best interest. The contractor shall be paid its costs, including contract close-out costs, and profit from work performed up to the time of termination.  The contractor shall promptly submit its termination claim to WRTA to be to the contractor.  If the contractor has any property in its possession belonging to WRTA, the contractor will account for the same, and dispose of it in the manner WRTA directs.
  2. Termination for Default (Supplies and Services) - If the contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, WRTA may terminate this contract for default. Termination shall be affected by serving a notice of termination on the contractor specifying the nature of the default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.
     1. If, it is later determined that the contractor had an excusable reason for not performing, such as a strike, fire, flood, events which are not the fault of the contractor, WRTA, after setting up a new delivery performance schedule, may allow the contractor to continue work, or treat the termination as if the termination had been issued for convenience.
  3. Opportunity to Cure – WRTA in its sole discretion may, in the case of a termination for breach or default, allow the contractor up to ten (10) calendar days in which to cure the defect.  In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.
     1.  If the contractor fails to remedy to WRTA’s satisfaction the breach or default of any of the terms, covenants, or conditions of this contract within 10 calendar days after receipt by the contractor of written notice from WRTA setting forth the nature of said breach or default, WRTA shall have the right to terminate the contract without any further obligation to the Contractor.  Any such termination of default shall not in any way operate to preclude WRTA from also pursuing all available remedies against the contractor and its sureties for said breach or default.
  4. Waiver of Remedies for any Breach - In the event that WRTA elects to waive its remedies for any breach by the contractor of any covenant, term or condition of this contract, such waiver by WRTA shall not limit WRTA’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this contract.
  5. Termination for Convenience (Professional or Transit Service Contracts) - WRTA, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of WRTA to do so. If this contract is terminated, WRTA shall be liable only for the payment under the payment provisions of this contract for services rendered before the effective date of termination.
  6. Termination for Default (Supplies and Services) – If the contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the contractor fails to comply with any provision of this contract, WRTA may terminate this contract for default, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of WRTA.
  7. Termination for Default (Transportation Services) - If the contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract, WRTA may terminate this contract for default. WRTA shall terminate by delivering to the contractor a Notice of Termination specifying the nature of default.  The contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract.
     1. If after termination for failure to fulfill contract obligations, it is determined that the contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for WRTA’s convenience.
  8. Termination for Default (Construction) – If the contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the contractor fails to comply with any other provisions of this contract, WRTA  shall terminate by delivering to the contractor a Notice of Termination specifying the nature of the default.  In this event, WRTA may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work.  The contractor and its sureties shall be liable for any damage to WRTA resulting in the contractor’s refusal or failure to complete the work within the specified time, whether or not the contractor’s right to proceed with the work is terminated.  This liability includes any increased costs incurred by WRTA in completing the work. The contractor’s right to proceed shall not be terminated and the contractor charged with damages under this clause if;
     1. The delay in completing the work arises from unforeseeable causes beyond their control and without the fault or negligence of the contractor.  Examples of such causes include: acts of God, acts of WRTA, acts of another contractor in the performance of a contract with WRTA, epidemics, quarantine restrictions, strikes, freight embargoes; and
     2. The contractor, within ten (10) days from the beginning of the delay, notifies WRTA in writing of the causes of the delay. If in the judgment of WRTA, the delay is excusable, the time for completing the work shall be extended.  The judgment of WRTA shall be final and conclusive on the parties, but subject to appeal under the dispute’s clause herein.  If, after termination of the contractor’s right to proceed, it is determined that the contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of WRTA.
  9. Termination for Convenience of Default (Architectural and Engineering contracts) -   WRTA may terminate this contract in whole or in part, for WRTA’s convenience or because of the failure of the contractor to fulfill the contract obligations.  WRTA shall terminate by delivering to the contractor a Notice of Termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, the contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to WRTA all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process.  If the termination is for the convenience of WRTA, WRTA shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.  If the termination is for failure of the contractor to fulfill the contract obligations, WRTA may complete the work by contract or otherwise and the contractor shall be liable for any additional costs incurred by WRTA.  If, after termination for failure to fulfill contract obligations, it is determined that the contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of WRTA.
  10. Termination for Convenience or Default (Cost-Type Contracts) – WRTA may terminate this contract, or any portion of it, by serving notice or termination on the contractor. The notice shall state whether the termination is for the convenience of WRTA or for the default of the contractor.  If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract.  The contractor shall account for any property in its possession paid for them from funds received from WRTA, or WRTA may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination.  The contractor shall promptly submit its termination claim to WRTA and the parties shall negotiate the termination settlement to be paid by the contractor. If the termination is for the convenience of WRTA, the contractor shall be paid its contract close-out costs, and a fee, if the contract provides for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, WRTA determines that the contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of or are beyond the control of the contractor, WRTA, after setting up a new work schedule, may allow the contractor to continue work, or treat the termination as a termination for convenience.
• Bid Amounts —

  Base Bid, Single-Prime (All Trades) Contract.  The undersigned Bidder, having carefully examined the Procurement and Contracting Requirements, Conditions of the Contract, 
  Drawings, Specifications, and all subsequent Addenda, as prepared by Olsavsky & Jaminet Architects having visited the site, and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment and services, necessary to complete the 
  construction of the above-named project, according to the requirements of the Procurement and Contracting Documents, for the stipulated sum. 

• Opening of Bids —

  Bids will be opened as specified in the solicitation timeline or as issued by addenda.

• Withdrawal of Bid —

  Bids may be withdrawn by the submitting vendor on the OpenGov Portal prior to the bid submission deadline.  Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened.  No bid may be withdrawn or amended after bids have been publicly opened for a period of sixty (60) days thereafter.

• Civil Rights Compliance —
  1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability.  In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
  2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying Contract:
     1.  Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project.  The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age.  Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.  In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
     2. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age.  In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
     3.  Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.  In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
  3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only, if necessary, to identify the affected parties.
• Bid Protests —

  It is the policy of the WRTA to prepare specifications for invitation for bids that are not discriminatory in nature.  All solicitations are to be open and free to all competing vendors whereby all have a reasonable chance to be successful and be awarded a contract.

  If a vendor feels that a particular solicitation is unfair for whatever reason, the following procedure must be followed to register a proper protest and said procedure shall be a part of all solicitations.

  1. WRTA reserves the right to postpone a bid opening for its own convenience and to reject any and all bids.
  2. Changes to the Scope of Work will be made by addendum.
  3. Prime contractors or subcontractors may make appointments to discuss specifications.  This, however, does not relieve them from the written documentation required by Paragraph "D" below.
  4. Any Protest must be made in writing and addressed to the WRTA's Chief  Executive Officer no later than (1) three days before the scheduled bid due date, (2) three days after the bid opening, or (3) three days after contract award, as applicable.  Such protest must cite what the solicitation was for, and for what reason the protest is lodged.
  5. The Chief Executive Officer shall make all reasonable attempts to resolve the protest prior to the bid opening or award of a contract, as applicable, and reserves the right to reschedule same if - at his discretion - deemed necessary. The Chief Executive Officer must make his decision in writing no later than ten (10) working days from the date the protest is lodged.
  6. If the protest is not satisfactorily resolved under paragraph (e) above, the person or firm making the protest may request a hearing with his legal counsel and WRTA, with WRTA's legal counsel serving as arbitrator on the matter.  Request for such a hearing must be made within fifteen (15) working days of the original date the protest was filed. The decision in the step shall be final and binding on all parties.
  7. When a protest has been filed before award, WRTA will not make an award prior to the resolution of the protest unless WRTA determines that:
     1. the item(s) to be procured are urgently required; or
     2. delivery or performance will be unduly delayed by failure to make the award promptly; or
     3. failure to make prompt award will otherwise cause undue harm to WRTA or the Federal Government.

  If the vendor believes that WRTA did not follow the above process, he/she may appeal to the Federal Transit Administration (FTA) as follows:

  Office of Program Management
  Federal Transit Administration
  210 W. Adams Street
  Suite 2410
  Chicago, Illinois 60606
  (312) 353-2789

  The Federal Transit Administration will hear appeals only where a local protest procedure does not exist, where the local procedure was not followed or when the protest was not reviewed when presented an opportunity to do so.

• Compliance with Regulations —

  The bidder/contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, DOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

• Solicitation for Subcontracts, Including Procurements of Materials and Equipment —

  In all solicitations either by competitive bidding or negotiation made by the bidder/contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the bidder/contractor of the bidder’s/contractor’s obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, or national origin.

• Explanation to Bidders —

  The scope of the project is described in the specifications herein.  All questions regarding the exact intent of the work should be brought to WRTA's attention prior to the solicitation question deadline.  Any questions of this nature not brought up prior to this time shall be answered at WRTA's discretion and WRTA's decision shall be final.

• Specifications —

  The specifications are to be interpreted according to their full intent, meaning and spirit, and shall be deemed to explain mutually to each other and to be descriptive of the equipment and/or services to be supplied under this contract.

  Should any error appear in the specifications, the same is to be referred to WRTA for correction before the bids are submitted or the work proceeded with.  The manufacturer or contractor shall make no alterations or corrections without consulting WRTA beforehand.

• Information and Reports —

  The bidder/contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions.

  Where any information is required or a bidder/contractor is in the exclusive possession of another who fails or refuses to furnish this information, the bidder/contractor shall so certify to the Recipient, or the Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the information.

• Bid Deposit & Bonding Requirements —

  Bidders must submit a bid deposit valid for at least (60) sixty days, in the form of a bid bond or cashier’s check in the amount of 5% of the totaled bid cost.  Checks are to be made payable to the Western Reserve Transit Authority. The amount of each respondent’s bid deposit will be returned to all unsuccessful respondents and the successful respondent upon contract award or rejection of bids.  FAILURE TO SUBMIT THE BID DEPOSIT SHALL RESULT IN BID REJECTION.  BID DEPOSITS SUBMITTED IN RESPONSE TO OTHER SOLICITATIONS ARE NOT VALID FOR THIS ITB.  THE ORIGINAL, FULLY EXECUTED BID BOND MUST BE SUBMITTED WITH THE BID. The successful respondent(s) must furnish a performance and payment bond in the amount of the contract value guaranteeing the completion of the work in accordance with the contract. Bonding requirements as described in the FTA Required Provisions shall be followed.

• Sanctions for Noncompliance —

  In the event of the bidder’s/contractor’s noncompliance with the nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but not limited to:

  1. Withholding of payments to the bidder/contractor under the contract until the bidder/contractor complies, and/or,
  2. Cancellation, termination, or suspension of the contract, in whole or in part.
• Single Bid Response —

  If only one bid is received in response to the invitation for bids, a detailed cost proposal may be requested of the single bidder/contractor.  A cost or price analysis and evaluation and/or audit will be performed of the cost proposal in order to determine whether or not the price quoted is fair and reasonable. If the price quote submitted is not deemed to be fair and reasonable, WRTA, at its discretion may reject and re-solicit.

• Incorporation of FTA Provisions —

  The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.

• Disadvantaged Business Enterprise Requirement —

  All subcontractors i.e. not directly employed by the vendor must be identified  in the bid documents.

• Notice to Third Party Participants —
  1. Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and
  2. Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.
• Contract Changes —

  Any proposed change in this contract must be submitted to WRTA for its prior approval.

• Veterans —

  WRTA and its sub recipients are recipients of federal financial assistance in this contract. The contractor shall give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5 CFR) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed, or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.”

• Prohibited Interest —
  1. No member of, or delegate to, the Congress to the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom.
  2. No member, officer, or employee of the Public Body or of a local public body during his tenure or one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.
• Government-Wide Debarment and Suspension —

  The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:

  1. 1. Debarred from participation in any federally assisted Award;
     2. Suspended from participation in any federally assisted Award;
     3. Proposed for debarment from participation in any federally assisted Award;
     4. Declared ineligible to participate in any federally assisted Award;
     5. Voluntarily excluded from participation in any federally assisted Award; or
     6. Disqualified from participation in ay federally assisted Award.

   

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

  The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

• Workers Compensation —

  If this project requires the Contractor to have its employees on the Authority's premises at any time during the conduction of the project, the contractor and/or all subcontractors must provide the Authority with a Certificate of Workers' Compensation Insurance.  Bidder agrees to indemnify the Authority for any amounts paid as benefits for any injuries/claims while carrying this project.  

• Buy America —

  Bidders/Contractors shall submit with the bid a completed Buy America Certificate indicating that the Bidder/Contractor will comply with the requirements of 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by the FTA or the product is subject to a general waiver.  Separate requirements for rolling stock are set out at 5323(j) (2) (C) and 49 CFR 661.11.  Rolling stock not subject to a general waiver must be manufactured in the United States and have a 70% domestic content.
  On November 15, 2021, the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act ("the Act”) was signed into law. Pub. L. No. 117-58, §§ 70901-52.  IIJA provides instruction to recipients of an award of Federal financial assistance from a program for infrastructure that none of the funds provided under this award may be used for a project for infrastructure unless:

  1. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
  2. All manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
  3. All construction materials1 are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. 

  The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.  Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.
  The Bidder/Contractor shall submit the appropriate Buy America certification with all bids on FTA-funded contracts except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification shall be rejected as non-responsive.  This requirement applies to lower-tier subcontractors. 
  Upon written request, WRTA may request a waiver of the above provisions.  Such waiver may be granted if the Secretary determines;

  1. That their application would be inconsistent with the public interest;
  2. That materials for which a waiver is requested are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality;
  3. The inclusion of a domestic item or domestic material will increase the cost of the overall project contract by more than 25 per percent.
• Pre-award Inspections —

  The purchaser reserves the right to perform a pre-award inspection of any bidder.  The purpose of the evaluation will be to assure that the bidder:

  1. Has in operation, or has the capability to have in operation, a location adequate to assure delivery (and installation where applicable) of the item(s) proposed. 
  2. Has adequate engineering and service personnel, to satisfy any engineering or service problems that may arise during the warranty period.
  3. Has the necessary facilities and financial resources or has the capability to obtain such facilities and resources, to complete the contract in a satisfactory manner within the required time.
  4. Has adequate quality control to assure that workmanship will comply with the specifications.
• Pre-delivery Inspections —

  The purchaser reserves the right to inspect the item(s) before delivery.  The vendor and/or manufacturer shall give all needed assistance to the purchaser in the performance of this inspection.  The inspection, if made, shall be for the purpose of assuring that the item(s) meets or exceeds the specifications.  Any deficiencies identified must be rectified prior to delivery of the item(s).

• Breaches and Dispute Resolution —

  Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of WRTA’s Chief Executive Officer(CEO).  This decision shall be final and conclusive unless within ten (10) calendar days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the CEO of WRTA.  In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position.  The decision of the CEO of WRTA shall be binding upon the Contractor and the Contractor shall abide by the decision. 

  1. Performance During Dispute - Unless otherwise directed by WRTA, the Contractor shall continue performance under this Contract while matters in dispute are being resolved.
  2. Remedies - Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between WRTA and the Contractor arising out of or relating to this Contract will be decided by arbitration if the parties mutually agree to arbitration by entering into an arbitration agreement, or, if the parties do not so mutually agree to arbitration, in a court of competent jurisdiction within the State of Ohio.
  3. Rights and Remedies - The duties and obligations imposed by the Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law.  No action or failure to act by WRTA or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
• Lobbying —

  Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.  Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352.  Such disclosures are forwarded from tier to tier up to WRTA.

• Taxes —

  The Western Reserve Transit Authority is exempt by law from all taxes and charges.  No taxes will be included in the bid.  WRTA will supply the necessary tax-exempt form.

• Warranties —

  The bidder has an obligation to provide and insure all items covered by a warranty.  The bidder shall make every effort to assure that all obligations defined under all warranties applicable to the item(s) or any subpart of the item(s) are fulfilled.

  The bidder shall assume responsibility for all materials and accessories used in the system whether the same is made by the manufacturer or purchased ready-made from an outside source.  The bidder shall warrant that all materials will conform to the published specifications and will be free from defects in material, workmanship, and title.  The product must be of the highest quality and workmanship must be the best attainable.  All materials furnished shall be subject to testing to assure compliance with contractual specifications.  The warranty period shall be as indicated in the attached specifications and shall include all parts and labor. 

• Clean Air —

  The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401­7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251­1387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:

  1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
  2. The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
  3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.
• Prevailing Wage —

  Davis Bacon Act applicable to this project.  Certified payroll reports verifying prevailing wage rates shall accompany each pay application.  U.S. Department of Labor wage determinations, current at the time of project advertisement, shall apply to this project.

• Clean Water Requirements —

  The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401­7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251­1387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:

  1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
  2. The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
  3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”

   

• Cargo Preference Requirements —

  The Bidder/Contractor agrees to:

  1. Use privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separate for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
  2. To furnish, within 20 working days following date of loading for shipments originating with the United States, or within 30 working days following the date or loading for shipments originating outside the United States, a legible copy of a rated, ocean bill-of-lading in English for each shipment of cargo described in the paragraph above to the FTA Administrator and the Procuring Agency (through the prime bidder/contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20590.
  3. To include these requirements in all subcontract’s issues pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
• Fly America —

  Comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and sub-recipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act.  The contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements.  The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

• Davis Bacon and Copeland Anti-Kickback Acts —

  Background and Application: The Davis-Bacon and Copeland Acts are codified at 40 U.S.C 3141, et seq. and 18 U.S.C 874. The Acts apply to WRTA construction contracts and subcontracts that “at least partly are financed by a loan or grant from the Federal Government.” 40 U.S.C 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i) (5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual construction, alteration and/or repair, including painting and decorating.” 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below.

  1.  Minimum wages
     1. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. 
        Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
     2. Classification Conformance
        1. The Contracting and Procurement Specialist shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting and Procurement Specialist shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 
           1. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and 
           2. The classification is utilized in the area by the construction industry; and 
           3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 
           4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. 
        2. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting and Procurement Specialist agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting and Procurement Specialist to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting and Procurement Specialist or will notify the Contracting and Procurement Specialist within the 30-day period that additional time is necessary. 
        3. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting and Procurement Specialist do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting and Procurement Specialist shall refer the questions, including the views of all interested parties and the recommendation of the Contracting and Procurement Specialist, to FTA for determination. FTA, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting and Procurement Specialist or will notify the Contracting and Procurement Specialist within the 30-day period that additional time is necessary.
        4. The wage rate (including fringe benefits where appropriate) determined pursuant to this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 
     3. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. 
     4. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account asset for the meeting of obligations under the plan or program. 
     5. Classification Conformance
        1. The Contracting and Procurement Specialist shall require that any class of laborers or mechanics which is not listed in the wage determination, and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting and Procurement Specialist shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: 
           1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and 
           2. The classification is utilized in the area by the construction industry; and 
           3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
        2. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting and Procurement Specialist agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting and Procurement Specialist to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting and Procurement Specialist or will notify the Contracting and Procurement Specialist within the 30-day period that additional time is necessary. 
        3. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting and Procurement Specialist do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting and Procurement Specialist shall refer the questions, including the views of all interested parties and the recommendation of the Contracting and Procurement Specialist, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the Contracting and Procurement Specialist or will notify the Contracting and Procurement Specialist within the 30-day period that additional time is necessary. 
        4. The wage rate (including fringe benefits where appropriate) determined pursuant to this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
  2.  Withholding – WRTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, WRTA may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
  3.  Payrolls and basic records
     1. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 
     2. Payroll requirements
        1. The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the WRTA for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 
        2. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 
           1. That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete. 
           2. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; 
           3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 
        3. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by this section. 
        4. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. 
     3. The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
  4. Apprentices and trainees
     1. Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 
     2. Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at no less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman’s hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
     3. Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
  5. Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
  6. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the FTA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 
  7. Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 
  8. Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 
  9. Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 
  10.  Certification of eligibility
      1. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 
      2. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 
      3. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 

   

• Contract Work Hours and Safety Standards Act —
  1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
  2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
  3. Withholding for unpaid wages and liquidated damages – WRTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
  4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (3) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
• Executive Order / Special DOL EEO Clause —

  The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any

  Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

  During the performance of this contract, the contractor agrees as follows:

  1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

  Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

  2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

   

  3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

   

  4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

   

  5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
  6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

   

  7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

   

  8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

  Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

  The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

• Seismic Safety —

  The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation.  The Contractor also agrees to ensure that all work performed under this Contract including work performed by a Subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.

• Access Requirements For Persons Disabilities —

  Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto.

• Energy Conservation Requirements —

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

• Toxic Material Removal —

  The Contractor will be responsible for the proper identification, packaging, testing, removal, transfer, and disposal of all potentially toxic materials including asbestos materials and oil‑filled transformers in compliance with all local, State, and Federal Laws and Regulations.

• Recycled Products / Solid Waste/Recovered Materials —

  A Recipient that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

• Assignment —

  A Bidder/Contractor shall not assign any Purchase Order or Contract or any monies due there from without prior approval of the Project Manager or the Finance Director.  Contact the Contracting and Procurement Specialist for the proper procedure.

• Laws and Regulations —

  In accordance with Federal legislation and regulations governing the use of the United States Department of Transportation, Federal Transit Administration (FTA) funds, the bidder/contractor agrees to comply with all applicable statutory and regulatory requirements for third party procurements as set forth in FTA Circulars 4220.1F, dated 2013, as amended incorporated herein by reference.  The bidder/contractor agrees to obtain compliance from its subcontractors and to incorporate the statutes and regulations in any subcontract agreement resulting from this procurement. Low bidders must supply certifications for restrictions on lobbying and debarment and suspensions as called for in FTA and OMB regulations and circulars.

• Geographic Restrictions —

  The Bidder/Contractor agrees to refrain from using state or local geographic preferences, except those expressly mandated or encouraged by Federal statute, and as permitted by FTA [Acquisition of Management, Architectural and Engineering Services 49 U.S.C. Section 5325 (d)].

• Protection of Sensitive Security Information —

  Contractors must protect and take measures to ensure that their subcontractors protect sensitive security information made available to contractors during the course of the contract.

• Federal Cost Principles —

  All costs must be necessary, reasonable, and allocable to the project, authorized by WRTA and not prohibited by Federal law or regulation.

• Terms of Payment —

  Contracts resulting from this bid shall be subject to Funding Availability.  The purchaser shall make full payment within thirty (30) days of delivery (and installation if applicable) of the item(s) provided the item(s) is determined by the purchaser to be in acceptable condition.  Payment can be waived without interest charged to the purchaser until the purchaser has received funding from the state and federal government for the purchase of the item(s).  The state and federal government will not be subject to any interest charges under any circumstances.

  If the item(s) is totally unacceptable, no payment will be made until deficiencies are corrected.  If the deficiencies cannot be corrected on the purchaser's property, the bidder must remove the item(s) at his expense.

  Delivery and acceptance of the item(s) shall not release the bidder from liability for and repair of faulty workmanship or materials found after final payment has been made.

• Prompt Payment and Return of Retainage —

  The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 15 calendar days from the receipt of each payment the prime contractor receives from WRTA. The prime contractor agrees further to return retainage payments (if any) to each subcontractor within 15 calendar days after the subcontractor(s)’ work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of WRTA. This clause applies to both DBE and non-DBE subcontractors.

  It is the responsibility of the subcontractors to notify WRTA’s designated project manager of prime contractor noncompliance with the above prompt payment provisions. Upon receipt of such notification, WRTA will investigate and take appropriate action.

  The prime contractor will not be reimbursed for work performed by subcontractors until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed. In order to enforce the provision of this section, WRTA may, at its sole discretion, take any or all of the following actions:

  1. Assess liquidated damages against the prime contractor for each day beyond the required time period the prime contractor fails to pay the subcontractor; and/or
  2. Pay subcontractors directly and deduct this amount from the retainage owed to the prime contractor; and/or
  3. Issue a stop-work order until payments are released to subcontractors, which shall constitute unauthorized delays by the prime contractor for the purposes of calculating liquidated damages if milestones are not met; and/or
  4. Any other action authorized for enforcement of provisions of this agreement.
• Safe Operations of Motor Vehicles —
  1. Seat Belt Use. The CONTRACTOR agrees to implement Executive Order No. 13043, “Increasing Seat Belt Use
     in the United States,” April 16, 1997, 23 U.S.C. § 402 note, (62 Fed. Reg. 19217), by:
     1.  Adopting and promoting on-the-job seat belt use policies and programs for its  employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles; and
     2.  Including a “Seat Belt Use” provision in each third party agreement related to this Contract.
  2. Distracted Driving, Including Text Messaging While Driving.The CONTRACTOR agrees to implement Executive Order No. 13513, “Federal Leadership on
     Reducing Text Messaging While Driving,” October 1, 2009, 23 U.S.C. § 402 note, (74 Fed. Reg.51225); U.S. DOT Order 3902.10, “Text Messaging While Driving,” December 30, 2009; and U.S.DOT Special Provision pertaining to Distracted Driving by:
     1. The CONTRACTOR agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an Professional Technical Services Page 11 of 12 Rev 10/23 electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle CONTRACTOR owns, leases, or rents, or a privately-owned vehicle when on official business in connection with this Contract or when performing any work for or on behalf of this Contract.
     2.  The CONTRACTOR agrees to conduct workplace safety initiatives in a manner commensurate with its size, such as establishing new rules and programs to prohibit text messaging while driving, re-evaluating the existing programs to prohibit text messaging while driving, and providing education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
     3.  The CONTRACTOR agrees to include the preceding “Distracted Driving, Including Text Messaging While Driving” provisions in each third party agreement related to this Contract.
        
        
• Equal Employment Opportunity —

  During the performance of this contract, the contractor agrees as follows:

  1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
  2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
  3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
  4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
  5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
  6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the

  Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

  1. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
  2. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
• Notice to FTA and U.S.DOT Inspector General —

  Notice to FTA and U.S. DOT Inspector General of information related to fraud, waste, abuse, or other legal matters.  Applies to all contracts at all tiers expected to equal or exceed $25,000. Requires prime contractor to “flow-down” the requirement to subcontractors.

  Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the

  Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-Party Agreements and must require each Third-Party Participant to include an equivalent provision in its sub agreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. 94.

  1. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. 
  2. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. 

  The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support.

• Simplified Acquisition Threshold —

  Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.  (Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317–200.327.  The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy America’s eligibility and process requirements apply to any procurement in excess of $150,000. 49 U.S.C. § 5323(j)(13).

• Bonding Requirements —

  FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows:

  1. A bid guarantee from each bidder is equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.
  2. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
  3. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract.  Payment bond amounts required from Contractors are as follows:
     1. 50% of the contract price if the contract price is not more than $1 million;
     2. 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or
     3. $2.5 million if the contract price is more than $5 million.
  4. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond.

  Bid Bond Requirements (Construction)

  1. Bid Security - A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. 
  2. Rights Reserved - In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient).  It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor.
  3. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in (Item x "Bid Security" of the Instructions to Bidders) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole.  The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive.

  Performance and Payment Bonding Requirements (Construction)

  The Contractor shall be required to obtain performance and payment bonds as follows:

  1. Performance bonds
     1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient).
     2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
  2. Payment bonds:
     1. The penal amount of the payment bonds shall equal:
        1. Fifty percent of the contract price if the contract price is not more than $1 million.
        2. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or
        3. Two and one half million if the contract price is more than $5 million.
     2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. 

  Performance and Payment Bonding Requirements (Non-Construction)

  The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest.

  1. The following situations may warrant a performance bond:
     1. (Recipient) property or funds are to be provided to the contractor for use in fulfilling the contract or as partial compensation (as in retention of salvaged material).
     2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable.
     3. Substantial progress payments are made before delivery of end items starts.
     4. Contracts are for dismantling, demolition, or removal of improvements.
  2. When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows:
     1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient).
     2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
  3. A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest.  When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows:
     1. The penal amount of payment bonds shall equal:
        1. Fifty percent of the contract price if the contract price is not more than $1 million.
        2. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or
        3. Two and one half million if the contract price is increased.
  4. Advance Payment Bonding Requirements

  The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision, and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient).

  Patent Infringement Bonding Requirements (Patent Indemnity)

  The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished, and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient).

  Warranty of the Work

  1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the (Project Manager), the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
  2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial, and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). 
• Federal Tax Liability and Recent Felony Convictions —
  1. The contractor certifies that it:
     1. Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability and;
     2. Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.
     3. If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third-Party Agreement with the Third-Party Participant without FTA’s written approval.
  2. Flow Down. The Recipient agrees to require the contractor to flow this requirement down to participants at all lower tiers, without regard to the value of
     any sub agreement.
• Trafficking in Persons —

  The contractor agrees that it and its employees that participate in the Recipients Award, may not:

  1.  Engage in severe forms of trafficking in persons during the period of time that the Recipients Award is in effect;
  2.  Procure a commercial sex act during the period of time that the Recipients Award is in effect; or
  3. Use forced labor in the performance of the Recipients Award or sub agreements thereunder.
• Severability —
  1. The contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidelines will continue in effect.
• Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment —
  1. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
     1. Procure or obtain;
     2. Extend or renew a contract to procure or obtain; or
     3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115¬232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
        1. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
        2. Telecommunications or video surveillance services provided by such entities or using such equipment.
        3. Telecommunications or video surveillance equipment or services procured or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a foreign country.
  2. In implementing the prohibition under Public Law 115¬232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
  3. See Public Law 115¬232, section 889 for additional information.
  4. See also § 200.471.
• Special Notification Requirements For States —

  Applies to States –

  1. To the extent required under federal law, the State, as the Recipient, agrees to provide the following information about federal assistance awarded for its
     State Program, Project, or related activities:
     1. The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project;
     2.  The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized;
        and
     3.  The amount of federal assistance FTA has provided for a State Program or Project.
  2. Documents ­ The State agrees to provide the information required under this provision in the following documents:
     1. applications for federal assistance,
     2. requests for proposals or solicitations,
     3.  forms,
     4.  notifications,
     5. press releases, and 
     6.  other publications.
• Disadvantage Business Enterprise —
  1. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.  WRTA’s overall goal and project goal for DBE participation can be found in the Vendor Requirements section.  
  2.   The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.  The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contracts.  Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as WRTA deems appropriate.  Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). 
  3.  Contractors must pay subcontractors for satisfactory performance of their contracts no later than 15 days following the receipt of each payment made by WRTA to the prime contractor. This includes the prompt return of retainage payments from the prime contractor to the subcontractor within 15 days after the subcontractor’s work is satisfactorily completed. WRTA may apply appropriate penalties for failure to comply with these terms and conditions. Any delay or postponement of payment among parties may take place only for good cause, and only with the prior written permission of WRTA. Contractors must include in their subcontract’s language providing the appropriate alternative dispute resolution mechanisms to resolve payment disputes. Prime contractors will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed.
  4.  The Contractor must promptly notify WRTA’s Office of Contract Compliance whenever a DBE Subcontractor performing work related to this Contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work.  The Contractor may not terminate any DBE Subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the WRTA’s Office of Contract Compliance.
  5. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies, materials, or articles normally available on the open market.
  6. That no contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
  7. That in the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
  8. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 

Submission Requirements

• Technical Proposal (required) —

  Are the applicable items/services as described within the Bid Requirements section under the header Technical Proposal requirements satisfied?

• Bid Bond (required) —

  Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of 5 percent of the total bid price, payable to, Western Reserve Transit Authority, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement. The bidder shall guarantee the total bid price for a period of sixty (60) days from the date of the bid opening.

  Please scan and upload a copy of your bid bond or cashier's check. 

  Cashier's checks must be mailed with the postmarked date no later than bid submission deadline date addressed to:

  Western Reserve Transit Authority
  Attention: Procurement Specialist
  604 Mahoning Avenue
  Youngstown, OH  44502

  Please have the Bidder Name and Project Title listed clearly on the outside of the envelope.

  *Cashier's checks Mailed with a postmarked date after the bid submission deadline date will result in the associated bid being deemed non-responsive.

• Acknowledgement of Grantee Status (required) —

  By confirming, the bidder acknowledges they are aware that the Western Reserve Transit Authority is a Grantee of the Federal Transit Administration (FTA), and as such all contracts entered into by the Grantee are subject to the rules and regulations of FTA and the Federal Transit Administration Act of 1964, as amended.

  This includes, but is not limited to the following:

  The bidder shall permit the authorized representatives of the Grantee, the U.S. Department of Transportation, and the Controller General of the United States to inspect and audit all records relating to this contract.

  The Western Reserve Transit Authority and FTA will become the owners of all documents prepared and submitted by the bidder relating to this contract.

• Government-wide Debarment and Suspension (required) —

  Instructions for Certification: By confirming and submitting this bid or proposal, the prospective lower tier participant is providing the certification set out below.

  1. It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement),” 2 CFR part 180,
  2. To the best of its knowledge and belief, that its Principals and Sub recipients at the first tier:
     1. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:
        1. Debarred,
        2. Suspended,
        3. Proposed for debarment,
        4. Declared ineligible,
        5. Voluntarily excluded, or
        6. Disqualified, 
     2. Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction, (2) Violation of any Federal or State antitrust statute, or (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property,
     3. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 2.b of this Certification,
     4. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification,
     5. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide that information to FTA, 
     6. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:
        1. Equals or exceeds $25,000,
        2. Is for audit services, or
     7. Requires the consent of a Federal official, and It will require that each covered lower tier contractor and subcontractor:
        1. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and
        2. Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be:
           1. Debarred from participation in its federally funded project,
           2. Suspended from participation in its federally funded project,
           3. Proposed for debarment from participation in its federally funded project,
           4. Declared ineligible to participate in its federally funded project,
           5. Voluntarily excluded from participation in its federally funded project, or
           6. Disqualified from participation in its federally funded Project, and 
  3. It will provide a written explanation as indicated on a page attached in FTA’s TEAM-Web or the Signature Page if it or any of its principals, including any of its first tier Sub recipients or its Third-Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group.
• Certification of Restrictions on Lobbying (required) —

  I, the bidder's representative certifies, to the best of my belief on behalf of the represented company that: 

  1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,  or modification of any Federal contract, grant, loan, or cooperative  agreement.
  2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. [as amended by: Government wide Guidance for New Restrictions on Lobbying;61 Fed. Reg. 1413 (1/19/96]
  3. The undersigned shall require that all language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

  The bidding Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.  In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A3801 et seq., apply to this certification and disclosure, if any.

• EEO Certification (required) —

  Bidding Contractor hereby complies with the State's Equal Employment Opportunity in the Construction Industry rules set forth in Chapters 123:2-3 through 123:2-9, OAC.  

  Bidding Contractor agrees to comply with all applicable requirements of the State E.E.O. Bid Conditions and to incorporate this Certification in all subcontracts on the project regardless of tier.  

• Required Forms (required) —

  Please download the below documents, complete, and upload.

  1. Signature of Bidder Form
  2. Non-Collusion Declaration
  3. Interest of Public Officials Form
  4. Interest of Trustees, Officers and Employees Form
  5. Delinquent Personal Property Form
  6. Buy America Certification Form
  7. Federal Tax Liability Form
  8. Warranty Information and Certification

  Online notarized forms are preferred. Copies of completed and notarized forms will be accepted with bid submission. In order for bids to be considered responsive, all forms must be submitted prior to solicitation response deadline. Original notarized forms will be requested from apparent responsive, responsible low bidder prior to contract award.  

• Declaration of Interested Parties Form (required) —

  Please download the below document, complete, and upload. Failure to complete the form and upload it will result in bid deem non responsive.

• Worker's Compensation (required) —

  Please provide current Worker's Compensation Insurance Documentation

• Certificate of Insurance (required) —

  Please provide current Certificate of Insurance.  At time of award and before beginning work, contractor shall provide certificate of General Liability insurance and Auto Liability insurance with minimum amounts of coverage of $1.0 million per occurrence.  WRTA shall be named as both certificate holder and as additional insured on the policy. 

• Statement of Experience and Qualifications (required) —

  Please Provide Statement of Experience and Qualifications

• References (required) —

  Please download the below document, complete, and upload. References should pertain to this type of project.

• Certifications and Bid Amounts (required) —

  Base Bid, Single-Prime (All Trades) Contract:  The Bidder, having carefully examined the Procurement and Contracting Requirements, Conditions of the Contract, Drawings, Specifications, and all subsequent Addenda, having visited the site, and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment and services, necessary to complete the construction of the above-named project, according to the requirements of the Procurement 
  and Contracting Documents.

   Bidder has read and understands the Contract Documents and agrees to comply with all requirements of the Contract Documents, regardless of whether the Bidder has actual knowledge of the requirements and regardless of any statement or omission made by the Bidder, which might indicate contrary intention. 

  The Bidder represents that the bid is based upon the Standards specified by the Contract Documents. 

  The Bidder has been provided the opportunity to visit the project site and has become familiar with local conditions and has correlated personal observations about the requirements of the Contract Documents. The Bidder has no outstanding questions regarding the interpretation of the Contract Documents. 

  The Bidder agrees that the Contract price, as amended from time to time, shall cover all amounts due from the Owner resulting from interference, disruption, hindrance, or delay caused by or between Contractors or their agents or employees, and that the Contractor’s sole remedy shall be an extension of time in accordance with the Contract Documents. 

  The Bidder agrees to enter into and execute the Contract with the Owner if awarded on the basis of this bid, and if the Bidder does not execute a Contract for any reason, other than authorized by Law or per Instructions to Bidders, the Owner may enforce the provisions of the Bid Bond stated in the Instructions to Bidders. 

  The Bidder certifies that upon the execution of the contract form, the Contractor shall be enrolled in good standing in the Ohio Bureau of Workers’ Compensation (BWC) Drug-Free Workplace Program (DFWP) for an equivalent BWC approved DFWP in accordance with but not limited to Ohio Administrative Code Chapter 4123-17 and Executive Order 2002-13T.  The Contractor acknowledges the responsibility to require all Subcontractors to be enrolled in good standing in the BWC DFWP or Drug-Free EZ program for small employers (DF-EZ) or an equivalent BWC approved DFWP. 

  Bidder agrees to furnish any information requested by the Owner to evaluate the responsibility of the Bidder. 

• Contractor License (required) —

  The bidder further states that it is a duly licensed contractor, for the type of work proposed, in all applicable jurisdictions, and in good standing.

• DBE Tracking Program (required) —

  Pursuant to 49 CFR part 26 WRTA is required to request the annual gross receipts of the interested company.  Please select the appropriately.   

• DBE Tracking Program (required) —

  Pursuant to 49 CFR part 26, WRTA is required to request the age of the interested company.  Please identify age of the company.