Request for Quotes Bridge Rehabilitation RFQ Royal Junction Siding Capacity Improvements Project

Transcription

1 Request for Quotes Bridge Rehabilitation RFQ Royal Junction Siding Capacity Improvements Project The Northern New England Passenger Rail Authority (NNEPRA), oversight agency of the Amtrak Downeaster Service from Brunswick to Boston, requests a written quote for Bridge Rehabilitation in Cumberland, Maine conforming to the attached Pan Am Railways specifications and Pan Am Railways bridge plans. The Bridge Rehabilitation will generally consist of the following work. Additional information regarding the required scope of work is provided in the attached Pan Am Railways specifications. Pin and point the existing stone abutments below where the new structure will be installed and fill any existing voids/cracks. Place leveling grout on the existing bridge seats to create a level surface. Drill and grout anchor bolts and install masonry plates. Fabricate and install new elastomeric bearings and weld bottom keeper plates to masonry plates. Fabricate and erect the new steel superstructure and install top keeper plates. The Bridge Rehabilitation will occur at Bridge #11.19 (Cumberland Bridge) on Pan Am Railways Freight Main Line in Cumberland, Maine. The bridge rehabilitation shall be completed by December 31, A non mandatory pre quote meeting will be held at 1:00 PM on Thursday July 27, The meeting will begin at the Route 9 Grade Crossing in Cumberland, Maine and proceed to the bridge site which is a short walk from the grade crossing. Contractors interested in attending the non mandatory pre quote meeting shall notify NNEPRA via no later than 1:00 PM on Wednesday July 26, 2017 to all of the following addresses: marina@nnepra.com, james@nnepra.com, and gedington@vhb.com. All Contractors at the pre quote meeting shall have safety vests, hard hats and work boots. Please provide a written quote on this form no later than 1:00 p.m. local time on August 11, All quotes shall be valid for 30 days. The approximate quantities are noted below. Payment will be made for the actual quantities at the contract unit cost. Any work required to be completed in accordance with the attached Pan Am Railways specification and bridge plans that is not included in the item list below, including but not limited to mobilization/demobilization, production of fabrication drawings, etc., shall be considered incidental to the items to below. Description Estimated Quantity Required Unit Price Total Price Repoint Existing Stone Abutments 350 LF /LF Bearing Fabrication and Installation 6 EA /EA Superstructure Fabrication and Installation 1 LS /LS Total Quoted Price for Bridge Rehabilitation: Pan Am Railways is making capital improvements to its Freight Main Line and Brunswick Branch under a force account agreement with the Northern New England Passenger Rail Authority. This material will be used for these capital improvements. Portions of this project are being funded by the Federal Transit Administration and the State of Maine. NNEPRA encourages their contractors to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community and to make reasonable efforts to use these institutions. If you need assistance, please contact the Manager Budget and Administration at NNEPRA.

2 NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY REQUEST FOR QUOTES BRIDGE REHABILITATION Compliance with Davis Bacon prevailing wage rates is required on this federally funded project. The Contractor will be required to submit certified payroll reports to confirm compliance. The applicable wage rates are attached (General Decision Number ME ). Payment will be made as soon as possible after approval of invoices. All questions regarding this quote must be made in writing by USPS to Northern New England Passenger Rail Authority, 75 West Commercial Street, Suite #104, Portland, Maine or by e mail to marina@nnepra.com. Phone calls will not be accepted. By submitting this quote the undersigned Supplier: 1. Proposes and agrees, if the Quote is accepted, to enter into an Agreement with Northern New England Passenger Rail Authority to supply the Materials in accordance with the specifications and other Quote Documents, for the prices and in accordance with the delivery schedule as detailed in the Quote Form. 2. This Quote will remain open for thirty days after the day of Quote submission. 3. Agrees that: a. Supplier has examined copies of all the Quote Documents and any addenda, receipt of all of which is hereby acknowledged. b. This Quote is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Supplier has not directly or indirectly induced or solicited any other Supplier to submit a false or sham Quote; Supplier has not solicited or induced any person, firm or corporation to refrain from quoting; and Supplier has not sought by collusion to obtain for himself any advantage over any other Supplier or over Northern New England Passenger Rail Authority. 4. This Request for Quotes does not constitute an order or contract. 5. Portions of this project are being funded by the Federal Transit Administration and the State of Maine. 6. NNEPRA encourages their contractors to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community and to make reasonable efforts to use these institutions. If you need assistance please contact the Manager Budget and Administration at NNEPRA. 7. Acknowledges that Northern New England Passenger Rail Authority is exempt from all taxes. The undersigned hereby certifies that no taxes are included in the prices quoted. Suppliers shall state if exemption certificate is required: Yes No. 8. Please provide: Age of company: Gross Receipts: # Employees: DUNS #: (Please note that this is used for internal purposes only and will not be disclosed.) 9. Acknowledges that the above materials are Buy America compliant. Page 2 of 3

3 NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY REQUEST FOR QUOTES BRIDGE REHABILITATION SUPPLIER INFORMATION: Company: Address: Representative: Phone No.: Fax No.: Supplier Signature: Submitted On:, 2017 Page 3 of 3

4 PAN AM RAILWAYS 1700 IRON HORSE PARK NO. BILLERICA, MA Specifications for Bridge Rehabilitation Bridge (Cumberland Bridge) in Cumberland, ME General Information 1. The work at the bridge generally includes the following: a. Pin and point the existing stone abutments below where the new structure will be installed and fill any existing voids/cracks. b. Place leveling grout on the existing bridge seats to create a level surface. Drill and grout anchor bolts and install masonry plates. Fabricate and install new elastomeric bearings and weld bottom keeper plates to masonry plates. c. Fabricate and erect the new steel superstructure and install top keeper plates. 2. At one time, the existing stone masonry abutments supported superstructures for 5 tracks. Currently, there are 3 existing superstructures being supported by the abutments and only 1 of those superstructures supports an active track. There is no existing superstructure where the proposed superstructure is being constructed and therefore the Contractor will not be responsible for the removal of any existing superstructure steel. Plan Sheet SK-1 provides a graphical overview of all existing and proposed structures at this location. 3. Complete fabrication drawings for all components of the bearings and bridge superstructure shall be submitted to Pan Am Railways for approval prior to any fabrication. Fabrication drawings shall be submitted digitally in PDF format. 4. The Contractor shall take all necessary precautions to prevent any construction materials, debris, etc. from falling into the river below the proposed superstructure. 5. All construction shall conform to the latest AREMA Manual for Railway Engineering, 2014 MaineDOT Standard Specifications, as updated through the date the Request for Quotes was issued and other applicable codes. 6. The contractor shall coordinate all access to the bridge, including heavy equipment access along the tracks, with Pan Am Railways. 7. The contractor shall procure and maintain insurance coverage as specified in the attached Existing Insurance Requirements document, dated June Additionally, the contractor shall execute a Railroad Service Agreement, similar to the attached sample agreement, with Pan Am Railways prior to beginning onsite work on this project. 8. Any work required to be completed in accordance with these Pan Am Railways specifications and bridge plans that is not included in the items below, including but not Page 1 of 3

5 PAN AM RAILWAYS 1700 IRON HORSE PARK NO. BILLERICA, MA limited to mobilization/demobilization, production of fabrication drawings, etc., shall be considered incidental to the items to below. 9. The following work will be completed by Pan Am Railways or others at no cost to the Contractor: a. All required railroad flagger protection. b. Procurement and installation of bridge timbers. c. Construction of the track over the bridge. Pin and Point the Existing Stone Abutments 1. The Contractor shall pin and point the existing stone masonry abutments within the area designated by Pan Am Railways and NNEPRA s on-site representative. All pinning shall be done as directed by Pan Am Railways. All pointing shall be done in accordance with MaineDOT Standard Specification Section The approximate length of pointing to be completed is noted in the Request for Quotes. Payment will be made for the actual quantity pointed at the contract unit cost. The extent of the pointing shall be approved by Pan Am Railways and NNEPRA s on-site representative prior to the start of any work. 3. All required work for pinning and pointing the existing stone masonry abutments, including but not limited to, access and/or staging to complete the work, and all labor, equipment, materials, professional services, and incidentals for the work shall be included in the quoted unit cost for Repoint Existing Stone Abutments. Fabricate and Install Bearings 1. The Contractor shall fabricate and install new steel-reinforced elastomeric bearings, masonry plates, keeper plates, leveling grout and anchor bolts as shown in the attached Pan Am Railways Plans. All bearing, steel plate and anchor bolt fabrication and installation shall be done in accordance with MaineDOT Standard Specification Section 523. The leveling grout shall be on the MaineDOT Approved Products List and shall be placed in accordance with the manufacturer s recommendations. 2. All required work to fabricate and install the proposed bearings and leveling grout, including but not limited to, all labor, equipment, materials, professional services, and incidentals for the work shall be included in the quoted unit cost for Bearing Fabrication and Installation. Page 2 of 3

6 PAN AM RAILWAYS 1700 IRON HORSE PARK NO. BILLERICA, MA Fabricate and Install Superstructure Steel 1. The Contractor shall fabricate and install new superstructure steel as shown in the attached Pan Am Railways Plans. All steel shall be ASTM A709, Grade 50W. All steel fabrication and installation shall be done in accordance with MaineDOT Standard Specification Section All required work to fabricate and install the proposed superstructure steel, including but not limited to, all labor, equipment, materials, professional services, and incidentals for the work shall be included in the quoted unit cost for Superstructure Fabrication and Installation. Page 3 of 3

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27 Federal Grant Compliance Requirements Contractor/Vendor/Vendor further agrees with NNEPRA (referred to in this Addendum A as the Authority ) to comply with the following, to the extent applicable to Contractor/Vendor. The parties agree that this document is not intended to enlarge or increase the applicability of any federal requirements to Contractor/Vendor/Vendor beyond those requirements that arise under federal law, regulation or the United States of America Department of Transportation Federal Transit Administration Master Agreement for Federal Transit Administration Agreements, as the same is amended from time to time by FTA, presently published at: (the "Master Agreement") by virtue of Contractor/Vendor/Vendor s participation in the Project. Federal Changes Contractor/Vendor/Vendor 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 Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor/Vendor/Vendor s failure to so comply shall constitute a material breach of this contract. No Government Obligation to Third Parties - Contractor/Vendor agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of any underlying contract, absent the express written consent of the Federal Government, the Federal Government is not a party to such Agreement, and shall not be subject to any obligations or liabilities to Contractor/Vendor or any Contractor/Vendor or other parties in connection with the Agreement, the station or the project. Suspension and Debarment To the extent applicable, Contractor/Vendor agrees to comply and assures compliance by each of its third-party Contractor/Vendors and any subrecipients at any tier with the requirements of Executive Orders Nos and 12689, Debarment and Suspension, 31 U.S.C note, and U.S. DOT Regulations on Debarment and Suspension at 49 C.F.R. Part 29. Prior to the execution of this Agreement, Contractor/Vendor has provided and hereafter upon notice from the Authority, Contractor/Vendor will provide, to the Authority a Debarment and Suspension Certification that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or involuntarily excluded from participation in this transaction by any federal department or agency as more fully described in 49 C.F.R. Part 29. Contractor/Vendor agrees to refrain from awarding or allowing the award of any of any contract or subcontract of any amount at any tier to a party included in the U.S. General Services Administration s List of Parties Excluded from Federal Procurement or Non-procurement Programs, implementing Executive Orders Nos and 12689, Debarment and Suspension and 49 C.F.R. Part 29, and agrees to obtain a similar Debarment and Suspension Certification from any third-party Contractor/Vendor or any subrecipient at any

28 tier seeking a contract connected to this Agreement or the Project. Contractor/Vendor agrees to maintain a file with all such certifications as part of the records required to be maintained pursuant to Paragraph (ii) hereof. Contractor/Vendor shall include the requirements of this subsection in any third-party contract (at any tier), and shall require all Contractor/Vendors at any tier to extend applicable requirements of this section to all Subcontractor/Vendors at any tier. Lobbying To the extent applicable, Contractor/Vendor agrees that it will not use Federal assistance funds received from the Authority to support lobbying or to pay any person or organization to influence or attempt to influence an officer or employee of any federal department or agency, a member of Congress, a member of a State legislature, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal grant, cooperative agreement, or any other Federal award used for the Project ( Lobbying ), and it will comply with applicable requirements of U.S. DOT regulations New Restrictions on Lobbying, 49 C.F.R. Part 20, modified as necessary by 31 U.S.C Prior to execution of this Agreement Contractor/Vendor has provided, and hereafter upon notice from the Authority Contractor/Vendor will provide, to the Authority (i) a certification that Contractor/Vendor has not used Federal assistance funds for Lobbying and (ii) if applicable, Contractor/Vendor s statement disclosing any Lobbying that it has undertaken with funds other than Federal appropriated funds. Contractor/Vendor shall include the requirements of this paragraph in any third-party agreement with a Contractor/Vendor or any subrecipient and require such Contractor/Vendors or subrecipients to extend applicable requirements to all Subcontractor/Vendors at any tier in connection with the Project. Contractor/Vendor agrees to maintain a file with all such certifications as part of the records required to be maintained. Buy America - To the extent applicable to the services to be performed or procured by Contractor/Vendor hereunder, Contractor/Vendor agrees to comply with 49 U.S.C. 5323(j), the Buy America regulations adopted by the Federal Transit Administration ( FTA ) at 49 C.F.R. Part 661 to the extent those regulations are consistent with SAFETEA-LU provisions, and any amendments thereto, and any implementing guidance issued by FTA ( Buy America ), and to extend applicable requirements to all third party Contractor/Vendors and to all Subcontractor/Vendors at any tier performing work in connection with the Project. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C , and Federal transit law at 49 U.S.C. 5332, the Contractor/Vendor 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/Vendor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2

29 (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor/Vendor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No , "Equal Employment Opportunity," as amended by Executive Order No , "Amending Executive Order Relating to Equal Employment Opportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor/Vendor 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/Vendor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor/Vendor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor/Vendor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C , the Contractor/Vendor 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/Vendor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor/Vendor 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. (4) The Contractor/Vendor, sub-recipient or Subcontractor/Vendor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor/Vendor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor/Vendor 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 the recipient deems appropriate. Disadvantaged Business Enterprise - The Authority has adopted a Disadvantaged Business Enterprise and Women s Business Enterprise Policy in accordance with Federal Regulations 3

30 issued by U.S. DOT (49 C.F.R. Part 23). This Policy provides that Disadvantaged Business Enterprises ( DBEs ) and Women s Business Enterprises ( WBEs ) will be afforded every practicable opportunity to participate in the performance of contracts related to the Authority s construction, procurement and professional service activities. Contractor/Vendor agrees to comply with section 1101(b) of SAFETEA-LU, 23 U.S.C. 101 note, and current U.S. DOT regulations on DBE and WBE participation in U.S. DOT financial assistance programs, at 49 C.F.R. Part 23 or at another Part if re-issued, and any other requirements or guidance FTA may issue. Contractor/Vendor agrees to take all necessary and reasonable steps required by U.S. DOT regulations to ensure that eligible DBEs and WBE s have the maximum feasible opportunity to participate in third-party subcontracts procured in connection with the Project. The Contractor/Vendor is required to pay its Subcontractor/Vendors performing work related to this contract for satisfactory performance of that work no later than 30 days after the Contractor/Vendor s receipt of payment for that work from NNEPRA. In addition, is required to return any retainage payments to those Subcontractor/Vendors within 30 days after the Subcontractor/Vendor's work related to this contract is satisfactorily completed. Contract Work Hours & Safety Standards Act - To the extent applicable to Contractor/Vendor, Contractor/Vendor agrees and assures compliance by each third party Contractor/Vendor or Subcontractor/Vendor at any tier, where applicable, with the employee protection requirements for nonconstruction employee of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C et seq., in particular the wage and hour requirements of section 102 of that Act at 40 U.S.C. 3702, and with U.S. DOL regulations, Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act), 29 C.F.R. Part 5. Contractor/Vendor shall include the requirement of this subsection in any third-party subcontract, at any tier, for the performance of work in connection with the Project. ADA Access - To the extent applicable to the services to be performed by Contractor/Vendor hereunder, Contractor/Vendor agrees to comply with all applicable employment and accessibility requirements of the American with Disabilities Act of 1990 ( ADA ), 42 U.S.C et seq., Section 504 Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; 49 U.S.C. 5301(d), 42 U.S.C et seq., and the following applicable regulations: (i) (ii) (iii) U.S. DOT regulations, Transportation Services for Individuals with Disabilities (ADA), 49 C.F.R. Part 37; U.S. DOT regulations, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, 49 C.F.R. Part 27; Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations, Americans With Disabilities (ADA) 4

31 Accessibility Specifications for Transportation Vehicles, 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) U.S. DOJ regulations, Nondiscrimination on the Basis of Disability in State and Local Government Services, 28 C.F.R. Part 35; U.S. DOJ regulations, Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, 28 C.F.R. Part 36; U.S. GSA regulations, Accommodations for the Physically Handicapped, 41 C.F.R. Subpart ; 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; U.S. Federal Communications Commission regulations, Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled, 47 C.F.R. Part 64, Subpart F; U.S. ATBCB regulations, Electronic and Information Technology Accessibility Standards, 36 C.F.R. Part 1194; FTA regulations, Transportation for Elderly and Handicapped Persons, 49 C.F.R. Part 609; and Any implementing requirements FTA may issue. Drug Use and Testing - To the extent applicable to the services to be performed by Contractor/Vendor hereunder, Contractor/Vendor agrees to the following: The Contractor/Vendor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Maine, or the Authority, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The Contractor/Vendor agrees further to certify annually its compliance with Parts 653 and 654 before January 1 and to submit the Management Information System (MIS) reports before March 15 to Manager of Budget and Administration, NNEPRA, 75 West Commercial Street, Suite 104, Portland, ME To certify compliance the Contractor/Vendor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. 5

32 Clean Air - (1) The Contractor/Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C et seq. The Contractor/Vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor/Vendor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Clean Water - (1) The Contractor/Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C et seq. The Contractor/Vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor/Vendor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Energy Conservation - To the extent applicable to the services to be performed by Contractor/Vendor hereunder, Contractor/Vendor shall comply with the mandatory energy efficiency standards and policies within the applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C et seq. Resolution of Dispute, Breach or Other Litigation - FTA and the Authority have a vested interest in the settlement of any dispute, default, breach, or litigation involving any federallyassisted third-party contract. Contractor/Vendor agrees to pursue all legal rights available under any third-party subcontract. FTA and the Authority reserve the right to concur in any compromise or settlement of any third-party subcontract claim involving Contractor/Vendor. Contractor/Vendor agrees to notify FTA and the Authority of any current or prospective major dispute, breach, default, or litigation pertaining to any third-party subcontract. If Contractor/Vendor seeks to name the Federal Government or the Authority as a party to litigation for any reason, in any forum, Contractor/Vendor agrees to inform the FTA and/or the Authority, as applicable, before doing so. The Federal Government retains the right to a proportionate share, based on the percentage of the Federal share committed to the Project, of any proceeds derived from any third-party recovery. If the third-party subcontract at issue contains a liquidated damages provision, Contractor/Vendor agrees to credit any liquidated damages recovery to the Project unless the Federal Government permits otherwise. In the event of any failure on the part of Contractor/Vendor or the Authority to comply with any of its obligations contained in the Agreement and the continuation of such failure for a period of thirty (30) days after receipt of notice thereof from the other party, the other party shall have the right, at its option, to declare a default. Upon giving the party in default an additional notice of thirty (30) days and an opportunity to cure the default, the party not in 6

33 default may terminate the Agreement. The rights to terminate shall be in addition to the other rights and remedies provided hereunder as well as those available, at law or in equity, including claims for money damages and specific performance, which remedies will be cumulative. Termination Provisions - The Authority shall have the right to terminate the Agreement for convenience, in accordance with 49 C.F.R. 1836(i)(2). Any termination for convenience by the Authority shall not excuse the Authority s obligations under the Agreement arising prior to the effective date of such termination. Contractor/Vendor recognizes and agrees that the FTA may suspend or terminate the Project for various reasons set forth in the Master Agreement at Section 11, that such termination may act to cancel or invalidate certain obligations incurred by FTA prior to the termination date, and that such Termination may act to relieve the Authority of such obligations as well. Patent Rights - If any invention, improvement or discovery is conceived or if it is actually reduced to practice in the course of or under Contractor/Vendor s performance under the Agreement, and that invention, improvement or discovery is patentable under the laws of the United States of America or any foreign country, Contractor/Vendor agrees to notify the Authority immediately and provide a detailed report. Unless the Federal Government later makes a contrary determination in writing, the rights and responsibilities of the Authority, Contractor/Vendor, any Subcontractor/Vendor and the Federal Government pertaining to that invention, improvement or discovery will be determined in accordance with applicable Federal laws and regulations, and including any waiver thereof. Unless the Federal Government later makes a contrary determination in writing, Contractor/Vendor agrees that, irrespective of its status or the status of any Subcontractor/Vendor (at any tier), Contractor/Vendor will transmit to FTA those rights due the Federal Government in any invention resulting from the Agreement as described in U.S. Department of Commerce Regulations, Rights Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, 37 C.F.R. Part 401. Rights in Data and Copyrights - All ownership, property and copyrights throughout the world in any photographs, artwork, logos, trade names, trademarks, service marks, copy, text or information assembled or created pursuant to the Agreement ( Material ) shall belong to and hereby are assigned to the Authority. In accordance with 49 C.F.R and 19.36, the Federal Government has reserved a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes, (i) any Material developed under the contract or any subcontract, whether or not a trade name, trademark or service mark has been developed, or a copyright has been obtained or any other property right registered; and (ii) any such rights that the Authority or Contractor/Vendor may purchase or otherwise acquire ownership. Contractor/Vendor may not publish or reproduce any recorded information, whether or not copyrighted, that is delivered or specified to be delivered to the Federal Government under a grant agreement between the Authority and any agency of the Federal Government ( Subject Data ), in whole or in part, or in any manner or form, nor may Contractor/Vendor authorize 7

34 others to do so, without in each instance, the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public. All copyrights in any information created pursuant to this Agreement shall belong to and hereby are assigned to the Authority. In accordance with 49 C.F.R and 49 C.F.R , the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes, (i) any Subject Data developed under this Agreement or any subcontract under this Agreement, whether or not copyright has been obtained; and (ii) any rights of copyright to which the Authority or Contractor/Vendor purchases ownership with Federal Assistance. Without limiting the generality of the foregoing, under certain circumstances, the Federal Government may make available Subject Data derived under this Agreement or a copy of Subject Data first produced under this Agreement to other grant recipients or Municipalities. Contractor/Vendor agrees to indemnify, save and hold harmless the Authority and FTA against any liability including costs and expenses resulting from any willful or intended violation by Contractor/Vendor or its Contractor/Vendors and Subcontractor/Vendors at any tier, of property rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. Program Fraud - Contractor/Vendor recognizes that the requirements of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C et seq., and U.S. DOT Regulations, Program Fraud Civil Remedies, 49 C.F.R. Part 31, apply to its actions hereunder. Accordingly, by signing the Agreement, Contractor/Vendor certifies and affirms the truthfulness and accuracy of any statement it has made, it makes, or may make pertaining to the activities covered hereunder. In addition to other penalties that may be applicable, Contractor/Vendor also acknowledges that if it makes false, fictitious or fraudulent claims, statements, submissions, assurances, or certifications, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on Contractor/Vendor to the extent the Federal Government deems appropriate. Contractor/Vendor recognizes that if Contractor/Vendor makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal Government of includes a false, fictitious, or fraudulent statement or representation in any agreement with the Federal Government in connection with a project authorized under 49 U.S.C. chapter 53 or any other federal law, the Federal Government reserves the right to impose on Contractor/Vendor the penalties of 49 U.S.C. 5323(1), 18 U.S.C or other applicable federal law to the extent the Federal Government deems appropriate. Access to Records - Contractor/Vendor agrees that U.S. DOT may, at least annually and more frequently in its discretion, conduct (or require the Authority conduct) reviews and audits as U.S. DOT deems appropriate, pursuant to the provisions of 49 U.S.C. 5307(i) and applicable regulations or guidelines issued thereunder. To the extent applicable, within 90 days of project completion, Contractor/Vendor agrees to have performed the financial and compliance audits required by the Single Audit Amendments of 1996, 31 U.S.C et seq., in accordance with OMB Circular A-133 and any further revision or supplement thereto. Contractor/Vendor also 8

35 agrees to obtain any other audits required by the Federal Government, whether before or after Project closeout. (gg) Contractor/Vendor agrees as follows: (i) (ii) (iii) (iv) at a minimum, Contractor/Vendor agrees to provide the Authority and the FTA those reports required by federal laws, regulations, and directives, the Grant Agreement for this Project, U.S. DOT s Grant Management Rules and any other reports the Federal Government may require; Contractor/Vendor agrees, that during the course of the performance of work hereunder and for three years thereafter, Contractor/Vendor will maintain intact and readily accessible all data, documents, reports, records, contracts and supporting materials relating to the performance of work hereunder as the Federal Government may require for the applicable project; upon request, Contractor/Vendor agrees to permit the Secretary of Transportation and the Comptroller General of the United States or their authorized representatives, and, to the extent appropriate, the State, or its authorized representatives, to inspect all work, materials, payrolls and other data and to audit the books, records and accounts of Contractor/Vendor and its Subcontractor/Vendors pertaining to any work performed hereunder; and in accordance with 49 U.S.C. 5325(g), Contractor/Vendor agrees to require each third-party Subcontractor/Vendor (regardless of tier), to permit the Secretary of Transportation of the Comptroller General of United States, or the duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving third-party Subcontractor/Vendors and to audit the books, records, and accounts involving that third-party Subcontractor/Vendor as it affects the work performed hereunder. Transit Employee Protective Arrangements - Contractor/Vendor agrees that it will continue the collective bargaining rights of its employees affected by the Project, if any, and will preserve any existing collective bargaining agreements of such employees or any revisions or renewals thereof, pursuant to the Transit Employee Protection Arrangements entered into between the Authority and various unions and the requirements of 49 U.S.C. 5333(b) and 29 C.F.R. Part 215 and any amendments thereto. Bid Bond Requirements (Construction) (a) Bid Security 9

36 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. (b) 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. 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/Vendor shall be required to obtain performance and payment bonds as follows: (a) 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 10

37 Contractor/Vendor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) 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/Vendor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. (a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the Contractor/Vendor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A Contractor/Vendor 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. (b) When it is determined that a performance bond is required, the Contractor/Vendor 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 11

38 Contractor/Vendor to increase the penal amount of the existing bond or to obtain an additional bond. (c) 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. (d) When it is determined that a payment bond is required, the Contractor/Vendor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor/Vendor 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/Vendor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor/Vendor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor/Vendor 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/Vendor 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/Vendor hereby guarantees the Work against 12

39 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). As additional security for these guarantees, the Contractor/Vendor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor/Vendor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). Davis-Bacon and Copeland Anti-Kickback Acts (1) Minimum wages - (i) 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/Vendor 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 paragraph (1)(iv) 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 paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor/Vendor and its Subcontractor/Vendors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) The contracting officer 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 13