INVITATION FOR BID FRONT BUMPER MOUNTED STAINLESS STEEL BIKE RACKS. November 30, 2012

Transcription

1 INVITATION FOR BID FRONT BUMPER MOUNTED STAINLESS STEEL BIKE RACKS Nvember 30, 2012 INVITATION FOR BID FRONT BUMPER MOUNTED STAINLESS STEEL BIKE RACKS

2 The Cunty f Lackawanna Transit System (COLTS), the public transprtatin prvider in Scrantn and Lackawanna Cunty, in accrdance with directives frm the U. S. Department f Transprtatin and the Pennsylvania Department f Transprtatin, is seeking bid qutatins fr the purchase f new stainless steel bike racks with frnt bumper munting. All bids and related dcuments will be subject t the financial assistance cntract between the Federal Transit Administratin (FTA), the Pennsylvania Department f Transprtatin (PennDOT) and COLTS. COLTS will nt discriminate against any bidder because f race, clr, religin, sex, r natinal rigin. Any firm r persn wh enters int a cntract with COLTS must agree t cmply with any and all FTA and Cmmnwealth f PA laws regarding the prhibitin f discriminatin. All bidders, by submitting a bid, shall accept the affirmative duty t ascertain and cmply with such laws. Cpies f the IFB package can be requested by at jhnick@cltsbus.cm r btained frm ur website, All questins regarding the IFB are t be directed t Jennifer Hnick, Directr f Finance and Administratin. One (1) riginal and tw (2) cpies f the bid must be submitted in the frmat utlined and marked Bike Racks. Cmpleted bid packages are due at the ffices f COLTS n later than nn (12:00 P.M. EST) n January 4, Bids shuld be addressed t: Jennifer Hnick Cunty f Lackawanna Transit System 800 Nrth Suth Rad Scrantn, PA Bids received later than nn (12:00 P.M. EST) n January 4, 2013 shall be rejected. The Cunty f Lackawanna Transit System reserves the right t reject any and all bids. This IFB des nt cmmit the Cunty f Lackawanna Transit System t award a cntract, t pay any cst incurred in the preparatin f a bid, r t prcure n cntract fr services. 1

3 1.1 Submissin Instructins COLTS desires t cntract with a qualified bidder fr the purchase f frnt bumper munted stainless steel bike racks. COLTS reserves the right t reject any and all bids received as a result f this request, r t negtiate separately with cmpeting bidders Quantity The bidder shall submit ne (1) riginal and tw (2) cpies f its bid Due Date In rder t be cnsidered, bids must be received at the ffices f COLTS by nn (12:00 P.M. EST) n Friday, January 4, Failure f the U.S. Pstal Service r ther delivery service t deliver bid packages n time shall result in the bid nt being pened r cnsidered. Bids shuld be clearly marked Bike Racks and delivered t: Prprietary Infrmatin Jennifer Hnick Cunty f Lackawanna Transit System 800 Nrth Suth Rad Scrantn, PA Any infrmatin cntained in the bid that the bidder cnsiders prprietary must be clearly identified as such. COLTS will respect requests fr nn-disclsure f prprietary infrmatin t the extent that infrmatin s restricted cnfrms t the Freedm f Infrmatin Act and the Pennsylvania Sunshine Laws Frms Appendices A, B & C f this slicitatin cntain certain frms that are mandatry in the bid prcess. These frms must be executed and submitted in their exact frmat in rder fr the bid t be cnsidered respnsive. Precise, unedited cmputer reprductins t expedite the bid preparatin prcess are acceptable Availability f Electrnic Versin f this Dcument The Invitatin fr Bids and all related frms cntained herein are available electrnically in Prtable Dcument Frmat (PDF). Interested parties wh desire an electrnic cpy f this dcument shuld cntact Jennifer Hnick (jhnick@cltsbus.cm). Files will be sent via t the requesting party. COLTS des nt warrant the integrity r frmat accuracy f any file r dcument sent in this manner. 1.2 Questins Cncerning the Prject Verbal and Written Questins Prspective bidders are encuraged t submit substantive questins, cmments, and cncerns in writing. Written questin received n later than 3:00 P.M. EST n December 14, 2012 will be answered 2

4 in writing and distributed via addendum t thse listed n the IFB distributin list. Questins shuld be addressed t Jennifer Hnick f COLTS at 800 Nrth Suth Rad, Scrantn, PA ed questins will be cnsidered as written; hwever, n telephne slicitatins will be hnred Apprved Equals Wherever brand, manufacturer, r prduct names are used they are included nly fr the purpse f establishing a descriptin f minimum quality f the requested item unless therwise specified. This inclusin is nt t be cnsidered as advcating r prescribing the use f any particular brand r item r prduct. Hwever, apprved equals r better will be accepted nly when previusly apprved by the Cunty f Lackawanna Transit System. All requests fr apprved equals shall be received in writing. Changes t the specificatins will be made by addendum. Bidders may discuss the specificatin with the Cunty f Lackawanna Transit System; hwever, requests fr changes shall be written and dcumented. When an apprved equal is requested, the bidder shall demnstrate the quality f its prduct t the Cunty f Lackawanna Transit System, and shall furnish sufficient technical data, test results, etc. t enable the Cunty f Lackawanna Transit System t determine whether the bidder s prduct is r is nt equal t specificatins. 1.3 Bid Frmat Minimum Requirements Technical Bid Frmat At a minimum, each technical bid shuld cntain the fllwing elements rganized in the fllwing fashin and in the rder listed. Cver: IFB Prject title and bidder s name Letter f Transmittal: This letter must include the name, address, and phne number f the bidder s cntact persn and that f the firm. The perid f time fr which the ffer will be hnred, which shuld be at least 90 days frm the date f the bid. One riginal must be signed by an authrized fficer f the bidder. Official bid frm Appendix A - The Cunty f Lackawanna Transit System will nt be respnsible fr expenses incurred in preparing and submitting the bid. Such csts shuld nt be included in the bid. The infrmatin requested is required t supprt the reasnableness f the prpsed cst and is fr the review f the Cunty f Lackawanna Transit System nly. It will nt be shared with ther bidders r released t the general public except in the frm f ttal cntract value. The price must be binding fr the life f the cntract if a Ntice t Prceed is issued within ninety (90) days f submissin. The Grand Ttal must be binding fr this perid and may becme the Nt t Exceed Amunt issued with the Ntice t Prceed. 3

5 Required Certificatin and Assurances Appendix B - The bidder must indicate its cmpliance with certain Federal and state executive rders, laws, statues, and regulatins t be cnsidered fr award. References Frm Appendix C The bidder must include five (5) rganizatins that represent wrk that is similar t this prcurement. Include the cmpany name, address, cntact persn, telephne number, cntract amunt, and length f cntract Submissin f Supplemental Material Bidders will be permitted t submit any additinal infrmatin they cnsider relevant t the prject scpe f wrk and the prject at hand. Such supplemental materials, if submitted, shuld be in additin t the bid, nt cntained in the bid itself. Only ne cpy f any supplemental material shuld be submitted. 1.4 Bid Evaluatin Bid Evaluatin It is the intent f the Cunty f Lackawanna Transit System t award a cntract t the respnsive and respnsible bidder whse bid cnfrming t this IFB, is the lwest in price. Factrs such as discunts, transprtatin csts and life cycle csts will be cnsidered in determining which bid is lwest in price. A respnsible bidder pssess the ability t perfrm successfully under the terms and cnditins f this prcurement The lw bidder will be required t demnstrate its ability t perfrm services cntained in the slicitatin in a timely manner and t the cmplete satisfactin f the Cunty f Lackawanna Transit System. Dubt as t technical ability, prductive capability, and financial strength which cannt be reslved affirmatively may result in a determinatin f nn-respnsibility by the Cunty f Lackawanna Transit System. If the lw bidder is eliminated, then the secnd lwest bidder will be required t demnstrate its ability t perfrm services as described herein. This prcess will cntinue t the next lwest bidder until a bidder successfully meets the specificatins requirements. The Cunty f Lackawanna Transit System reserves the right t investigate the qualificatins f all bidders under cnsideratin t cnfirm any part f the infrmatin furnished by a prpser, r t require ther evidence f managerial, financial r ther capabilities which are cnsidered necessary fr the successful perfrmance r the cntract Single r unbalanced bids In the event a single bid is received, the Cunty f Lackawanna Transit System may cancel the slicitatin, change the requirements t allw fr mre bids, reslicit bids, r evaluate the bid based n the established criteria. 4

6 The Cunty f Lackawanna Transit System may determine that a bid is nn-respnsive if the prices prpsed are materially unbalanced. A bid is materially unbalanced when it is based n prcess significantly less than cst r prices significantly verstated relative t cst. 1.5 Disadvantaged Business Enterprise If nt addressed under subcntractrs, please identify any participatin in the prject by a disadvantaged business enterprise. A listing f all certified DBE firms in the Cmmnwealth f Pennsylvania can be viewed at The Cunty f Lackawanna Transit System (COLTS) has established a Disadvantaged Business Enterprise (DBE) prgram in accrdance with regulatins f the U.S. Department f Transprtatin (DOT), 49 CFR Part 26. COLTS has received Federal financial assistance frm the Department f Transprtatin, and as a cnditin f receiving this assistance, COLTS has signed an assurance that it will cmply with 49 CFR Part 26. It is the plicy f COLTS t ensure that DBEs as defined in part 26, have an equal pprtunity t receive and participate in DOT-assisted cntracts. It is als ur plicy: 1. T ensure nndiscriminatin in the award and administratin f DOT-assisted cntracts; 2. T create a level playing field n which DBEs can cmpete fairly fr DOT-assisted cntracts; 3. T ensure that the DBE Prgram is narrwly tailred in accrdance with applicable law; 4. T ensure that nly firms that fully meet 49 CFR Part 26 eligibility standards are permitted t participate as DBEs; 5. T help remve barriers t the participatin f DBEs in DOT-assisted cntracts; 6. T assist the develpment f firms that can cmpete successfully in the market place utside the DBE Prgram. The Executive Directr has been delegated as the DBE Liaisn Officer. In that capacity, the Executive Directr is respnsible fr implementing all aspects f the DBE Prgram. Implementatin f the DBE Prgram is accrded the same pririty as cmpliance with all ther legal bligatins incurred by COLTS in its financial assistance agreements with the Department f Transprtatin. COLTS has disseminated this plicy statement t the Bard f Directrs and all f the cmpnents f ur rganizatin. We have distributed this statement t DBE and nn-dbe business cmmunities that perfrm wrk fr us n DOT-assisted cntracts. COLTS plicy statement will appear in lcal and transitriented publicatins nce a year and will be included in all Requests fr Prpsals and Invitatins fr Bids. 5

7 1.6 Cntract Award f Cntract COLTS anticipates award f a cntract at its regularly scheduled Bard meeting n January 15, A Ntice t Prceed is anticipated within ne (1) mnth, fllwing receipt f necessary dcumentatin, such as insurance certificates frm the selected vendr. The Cunty f Lackawanna Transit System reserves the right t award t ther than the lw bidder and t award any r all items f the bid. If awarded at all, the bid may be awarded t the bidder whse ttal price is lwest, whse bid is respnsive t the invitatin theref, and wh is determined t be technically and financially respnsible t perfrm as required. The Cunty f Lackawanna Transit System reserves the right t accept anther bid if it is in the best interest f the Authrity. Cnditinal bids and any bid taking exceptin t these instructins r cnditins may be cnsidered nn-respnsive and may be rejected Cntract Type COLTS will enter int a firm, fixed fee cntract with the selected vendr Time fr Cmpletin COLTS intends t negtiate with the lwest priced, respnsible bidder t establish a prject schedule. The desired time frame fr cmpletin f this cntract is fur (4) mnths althugh COLTS will seek a schedule that is mutually satisfactry t all parties. 1.7 Bid Summary Prcurement Schedule (Tentative) Advertisement f Request fr Bid Nvember 30, 2012 Release Date fr IFB Nvember 30, 2012 Deadline fr written questins December 14, 2012 Bids due January 4, 2013 Cntract Award / Ntice t Prceed January 15,

8 2.1 Technical Specificatins General Prvisins Sprtwrks Mdel DL2 Bike Rack Part # r apprved equal; Pivt Plate Assembly frmed plate, standard width and munting bracket; Bike racks must be able t be munted t the frnt bumpers f Gillig Phantm buses Mdel Year 2000; Gillig Phantm buses Mdel Year 2002; Gillig Lw Flr buses Mdel Year 2009; Gillig Lw Flr BRT Hybrid buses Mdel Year 2011 & Technical Specificatins The bike racks shall have the fllwing specificatins: Accmmdate all bicycle types with a wheel size f 20 inches r larger, excluding tandems and recumbents; Lifting weight t perate the rack is less than 30 punds; Supprt up t a 250 lbs. centrally lcated static lad when it is deplyed and the vehicle is nt mving; Cntact the bicycles tires nly; n cntact is made with the frame f the bicycle; Allws fr safe peratin f the mtr cach when stwed by lcking in place via the latch pin in the pivt plate assembly quadrant; Stainless steel finish with anti-glare cating; The utside crners f the racks shall be runded; The rack will nt have any straps r crds t attach the bicycle; A minimum number f parts are used n the rack, and there are n lse parts; Equipped with a user activated release latch t deply the rack; Munted t the frnt bumper f the bw and has a deplyed and stwed psitin; The rack, when in use, des nt interfere with access panels r windshield wipers; The rack supprt arm is self-string; The munting bracket is universal in the way that the height f the bike rack can be changed; The rack is clearly marked with easy t fllw instructins fr peratin; Specific rientatin f the pedals is nt required when using the rack; Bicycles may be independently laded and unladed; The assemblage shall nt damage r tear lse bus wash brushes 7

9 APPENDIX A OFFICIAL BID FORM 1.1 Bidder Guaranties Bidder guarantees that all infrmatin prvided by it in cnnectin with this bid is true and accurate Bidder guarantees that it can and will prvide at a minimum, all services set frth in Sectin Bidder Small Business Participatin T be filled ut by COLTS: RFP/IFB: Bike Racks Date Advertised: Nvember 30, 2012 NAICS Cde: Average number f emplyees ver the past 12 mnths: Average annual receipts ver the past 3 years: Type f entity (i.e. sle prprietr):_ 1.2 Bid Qutatin UNIT ITEM # DESCRIPTION QUANTITY PRICE TOTAL 1 Bike rack, stainless steel, anti-glare finish, frnt bumper munt. Sprtwrks mdel DL2 Part # r apprved equal 2000 Gillig Phantm 15 $ $ 2002 Gillig Phantm 2 $ $ 2009 Gillig Lw Flr 2 $ $ 2011 Gillig Lw Flr BRT Hybrids 4 $ $ 2012 Gillig Lw Flr BRT Hybrids 9 $ $ 2 Additinal Bike Racks 3 $ $ 3 Pivt Plate Assembly, frmed plate, standard width and all hardware 32 $ $ 4 Additinal Pivt Plate Assemblies 3 $ $ 8

10 Bids will be pened prmptly at 12:00 p.m. E.S.T. n January 4, 2013 at 800 Nrth Suth Rad, Scrantn, PA. Late r incmplete bids will nt be accepted. It is understd that this in an Invitatin fr Bid and that the Cunty f Lackawanna Transit System reserves the right t reject any and all bids r t negtiate separately with cmpeting bidders. Authrized Official f Firm Title f Authrized Official Date 9

11 APPENDIX B REQUIRED FORMS AND CERTIFICATIONS Please be sure t execute each f the fllwing affidavits, certificatins, and assurances. Failure t d s will render yur bid nn-respnsive and it will nt be granted further cnsideratin. Access t Recrds Buy America Integrity Certificatin Cmmnwealth Of Pennsylvania Nn-Discriminatin Clause N Federal Gvernment Obligatins t Third-Parties Prgram Fraud and False r Fraudulent Statements Related Acts Federal Changes Civil Rights (EEO, Title VI & ADA) DBE Certificatin Incrpratin f FTA Terms Suspensin and Debarment Lbbying Clean Air Clean Water Energy Cnservatin Nn-Cllusin Affidavit Cunty f Lackawanna Transit System s Prtest Prcedure 10

12 Access t Recrds 49 U.S.C CFR (i) 49 CFR Where the Purchaser is nt a State but a lcal gvernment and is the FTA Recipient r a sub grantee f the FTA Recipient in accrdance with 49 C. F. R (i), the Cntractr agrees t prvide the Purchaser, the FTA Administratr, the Cmptrller General f the United States r any f their authrized representatives access t any bks, dcuments, papers and recrds f the Cntractr which are directly pertinent t this cntract fr the purpses f making audits, examinatins, excerpts and transcriptins. Cntractr als agrees, pursuant t 49 C. F. R t prvide the FTA Administratr r his authrized representatives including any PMO Cntractr access t Cntractr's recrds and cnstructin sites pertaining t a majr capital prject, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance thrugh the prgrams described at 49 U.S.C. 5307, 5309 r The Cntractr agrees t permit any f the freging parties t reprduce by any means whatsever r t cpy excerpts and transcriptins as reasnably needed. 3. The Cntractr agrees t maintain all bks, recrds, accunts and reprts required under this cntract fr a perid f nt less than three years after the date f terminatin r expiratin f this cntract, except in the event f litigatin r settlement f claims arising frm the perfrmance f this cntract, in which case Cntractr agrees t maintain same until the Purchaser, the FTA Administratr, the Cmptrller General, r any f their duly authrized representatives, have dispsed f all such litigatin, appeals, claims r exceptins related theret. Reference 49 CFR 18.39(i)(11). 4. FTA des nt require the inclusin f these requirements in subcntracts. Authrized Official f Firm Title f Authrized Official Date 11

13 Buy America Requirements 49 U.S.C. 5323(j)(1) 49 CFR 661 If steel, irn, r manufactured prducts (as defined in and f this part) are being prcured, the apprpriate certificate as set frth belw shall be cmpleted and submitted by each bidder in accrdance with the requirement cntained in (b) f this part. Select nly ne certificatin. Certificate f Cmpliance with Buy America Requirements The bidder hereby certifies that it will cmply with the requirements f 49 U.S.C. 5323(j)(1), and the applicable regulatins in 49 CFR part 661. Date Signature Cmpany Name Title Certificate f Nn-Cmpliance with Buy America Requirements The bidder hereby certifies that it cannt cmply with the requirements f 49 U.S.C. 5323(j), but it may qualify fr an exceptin t the requirement pursuant t 49 U.S.C. 5323(j)(2), as amended, and the applicable regulatins in 49 CFR Date Signature Cmpany Name Title (1) A bidder wh has submitted an incmplete Buy America certificate r an incrrect certificate f nncmpliance thrugh inadvertent r clerical errr (but nt including failure t sign the certificate, submissin f certificates f bth cmpliance and nncmpliance, r failure t submit any certificatin), may submit t the FTA Chief Cunsel within ten (10) days f bid pening f submissin r a final ffer, a written explanatin f the circumstances surrunding the submissin f the incmplete r incrrect certificatin in accrdance with 28 U.S.C. 1746, swrn under penalty f perjury, stating that the submissin resulted frm inadvertent r clerical errr. The bidder will als submit evidence f intent, such as infrmatin abut the rigin f the prduct, invices, r ther wrking dcuments. The bidder will simultaneusly send a cpy f this infrmatin t the FTA grantee. (i) The FTA Chief Cunsel may request additinal infrmatin frm the bidder, if necessary. The grantee may nt make a cntract award until the FTA Chief Cunsel issues his/her determinatin, except as prvided in (m). (ii) [Reserved] (2) Fr negtiated prcurements, cmpliance with the Buy America requirements shall be determined n the basis f the certificatin submitted with the final ffer r final revised prpsal. Hwever, where a grantee awards n the basis f initial prpsals withut discussin, the certificatin submitted with the initial prpsal shall cntrl. (3) Certificatin based n ignrance f the prper applicatin f the Buy America requirements is nt an inadvertent r clerical errr. (c) Whether r nt a bidder certifies that it will cmply with the applicable requirement, such bidder is bund by its riginal certificatin (in the case f a sealed bidding prcurement) r its certificatin submitted with its final ffer (in the case f a negtiated prcurement) and is nt permitted t change its certificatin after bid pening r submissin f a final ffer. Where a bidder certifies that it will cmply with the applicable Buy America requirements, the bidder r grantee is nt eligible fr a waiver f thse requirements. 12

14 INTEGRITY CERTIFICATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (1) The prspective lwer tier participant certifies, by submissin f this bid r bid, that neither it nr its "principals" [as defined at 49 C.F.R.' (p)] is presently debarred, suspended, prpsed fr debarment, declared ineligible, r vluntarily excluded frm participatin in this transactin by any Federal department r agency. (2) When the prspective lwer tier participant is unable t certify t the statements in this certificatin, such prspective participant shall attach an explanatin t this bid. (If the lwer tier cvered participant (applicant fr an FTA grant, r cperative agreement, r ptential third party cntractr) is unable t certify t any f the statements in this certificatin, the participant shall attach an explanatin t this certificatin.) THE LOWER TIER COVERED PARTICIPANT (APPLICANT FOR AN FTA GRANT OR CO- OPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT),, CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO. Signature & Title f Authrized Official The undersigned chief legal cunsel fr the (Cntractr) hereby certifies that the (Cntractr) has authrity under State and Lcal law t cmply with the subject assurances and that the certificatin abve has been legally made. Signature f Cntractr's Attrney Date (Applies t Cntractr/Subcntractrs with cntracts in excess f $25,000) (Failure t cmplete this frm and t submit it with yur bid will render the bid nn-respnsive). 13

15 COMMONWEALTH OF PENNSYLVANIA NON-DISCRIMINATION CLAUSE 1. Cntractr shall nt discriminate, against any emplyee, applicant fr emplyment, independent cntractr r any ther persn because f race, clr, religius creed, natinal rigin, age r sex. Cntractr shall take affirmative actin t ensure that applicants are emplyed, and that emplyees r agents are treated during emplyment, withut regard t their race, clr, religius creed, ancestry, natinal rigin, age r sex. Such affirmative actin shall include, but is nt limited t, the fllwing: emplyment, upgrading, demtin, r transfer; recruitment r recruitment advertising; layff r terminatin; rates f pay r ther frms f cmpensatin; and selectin fr training. Cntractr shall pst in cnspicuus places, available t emplyees, agents, applicants fr emplyment and ther persns, a ntice t be prvided by the cntracting agency setting frth the prvisins f this nn-discriminatin clause. 2. Cntractr shall in advertisements r requests fr emplyment placed by it r n its behalf state that all qualified applicants will receive cnsideratin fr emplyment withut regard t race, clr, religius creed, ancestry, natinal rigin, age r sex. 3. Cntractr shall send each labr unin r wrkers' representative with which it has a cllective bargaining agreement(s) r ther cntract r understanding, a ntice advising said labr unin r wrkers' representative f its cmmitment t this nn-discriminatin clause. Similar ntice shall be sent t every ther surce f recruitment regularly utilized by Cntractr. 4. It shall be n defense t a finding f nncmpliance with the Cntract Cmpliance Regulatins issued by the Pennsylvania Human Relatins Cmmissin r this nn-discriminatin clause that the Cntractr has delegated sme f its emplyment practices t any unin, training prgram r ther surce f recruitment which prevents it frm meeting its bligatins. Hwever, if the evidence indicates that the Cntractr was nt n ntice f the third-party discriminatin r made a gd faith effrt t crrect it, such factr shall be cnsidered in mitigatin in determining apprpriate sanctins. 5. Where the practices f a unin r any training prgram r ther surce f recruitment will result in the exclusin f minrity grup persns, s that the Cntractr will be unable t meet its bligatins under the Cntractr Cmpliance Regulatins issued by the Pennsylvania Human Relatins Cmmissin, r this nn-discriminatin clause. The Cntractr shall then emply and fill vacancies thrugh ther nn-discriminatry emplyment prcedures. 6. The Cntractr shall cmply with the Cntract Cmpliance Regulatins f the Pennsylvania Human Relatins Cmmissin, 16 PA Cde Chapter 49 and will all laws prhibiting discriminatin in hiring r emplyment pprtunities. In the event f Cntractr's nn-cmpliance with the nn-discriminatin clause f this cntract r with any such laws, this cntract may, after hearing and adjudicatin, be 14

16 terminated r suspended, in whle r in part, and the Cntractr may be declared temprarily ineligible fr further Cmmnwealth cntracts, and such ther sanctins may be impsed and remedies invked as prvided by the Cntract Cmpliance Regulatins. 7. The Cntractr shall furnish all necessary emplyment dcuments and recrds t, and permit access t its bks, recrds and accunts by, the cntracting agency and the Human Relatins Cmmissin, fr purpses f investigatin t ascertain cmpliance with the prvisins f the Cntractr Cmpliance Regulatins, pursuant t PA Cde Chapter f these regulatins. If the Cntractr des nt pssess dcuments r recrds reflecting the necessary infrmatin requested, it shall furnish such infrmatin n reprting frms supplied by the cntracting agency r the Cmmissin. 8. The Cntractr shall actively recruit minrity Subcntractrs r Subcntractrs with substantial minrity representatin amng their emplyees. 9. The Cntractr shall include the prvisins f this nn-discriminatin clause in every subcntract, s that such prvisins will be binding upn each Subcntractr. 10.The terms used in this nn-discriminatin clause shall have the same meaning as in the Cntract Cmpliance Regulatins issued by the Pennsylvania Human Relatins Cmmissin, 16 PA Cde Chapter Cntractr bligatins under this clause are limited t the Cntractr's facilities within Pennsylvania r where the cntract is fr purchase f gds manufactured utside f Pennsylvania, the facilities at which such gds are actually prduced. Wherever herein abve the wrd Cntractr is used it shall als include the wrd Engineer, cnsultant, Researcher, r ther Cntracting Party as may be apprpriate. Name f Individual, Partnership, r Crpratin Address Authrized Persn Signature Title Date 15

17 N Federal Gvernment Obligatins t Third-parties (1) The Purchaser and Cntractr acknwledge and agree that, ntwithstanding any cncurrence by the Federal Gvernment in r apprval f the slicitatin r award f the underlying cntract, absent the express written cnsent by the Federal Gvernment, the Federal Gvernment is nt a party t this cntract and shall nt be subject t any bligatins r liabilities t the Purchaser, Cntractr, r any ther party (whether r nt a party t that cntract) pertaining t any matter resulting frm the underlying cntract. (2) The Cntractr agrees t include the abve clause in each subcntract financed in whle r in part with Federal assistance prvided by FTA. It is further agreed that the clause shall nt be mdified, except t identify the subcntractr wh will be subject t its prvisins. Authrized Official f Firm Title f Authrized Official Date 16

18 Prgram Fraud and False r Fraudulent Statements and Related Acts 31 U.S.C et seq. 49 CFR Part U.S.C U.S.C (1) The Cntractr acknwledges that the prvisins f the Prgram Fraud Civil Remedies Act f 1986, as amended, 31 U.S.C et seq. and U.S. DOT regulatins, "Prgram Fraud Civil Remedies," 49 C.F.R. Part 31, apply t its actins pertaining t this Prject. Upn executin f the underlying cntract, the Cntractr certifies r affirms the truthfulness and accuracy f any statement it has made, it makes, it may make, r causes t be made, pertaining t the underlying cntract r the FTA assisted prject fr which this cntract wrk is being perfrmed. In additin t ther penalties that may be applicable, the Cntractr further acknwledges that if it makes, r causes t be made, a false, fictitius, r fraudulent claim, statement, submissin, r certificatin, the Federal Gvernment reserves the right t impse the penalties f the Prgram Fraud Civil Remedies Act f 1986 n the Cntractr t the extent the Federal Gvernment deems apprpriate. (2) The Cntractr als acknwledges that if it makes, r causes t be made, a false, fictitius, r fraudulent claim, statement, submissin, r certificatin t the Federal Gvernment under a cntract cnnected with a prject that is financed in whle r in part with Federal assistance riginally awarded by FTA under the authrity f 49 U.S.C. 5307, the Gvernment reserves the right t impse the penalties f 18 U.S.C and 49 U.S.C. 5307(n)(1) n the Cntractr, t the extent the Federal Gvernment deems apprpriate. (3) The Cntractr agrees t include the abve tw clauses in each subcntract financed in whle r in part with Federal assistance prvided by FTA. It is further agreed that the clauses shall nt be mdified, except t identify the subcntractr wh will be subject t the prvisins. Authrized Official f Firm Title f Authrized Official Date 17

19 Federal Changes 49 CFR Part 18 Cntractr shall at all times cmply with all applicable FTA regulatins, plicies, prcedures and directives, including withut limitatin thse listed directly r by reference in the Master Agreement between Purchaser and FTA, as they may be amended r prmulgated frm time t time during the term f this cntract. Cntractr's failure t s cmply shall cnstitute a material breach f this cntract. Authrized Official f Firm Title f Authrized Official Date 18

20 Civil Rights (EEO, Title VI & ADA) 29 U.S.C. 623, 42 U.S.C U.S.C. 6102, 42 U.S.C U.S.C , 49 U.S.C CFR Part 1630, 41 CFR Parts 60 et seq. The fllwing requirements apply t the underlying cntract: (1) Nndiscriminatin - In accrdance with Title VI f the Civil Rights Act, as amended, 42 U.S.C. 2000d, sectin 303 f the Age Discriminatin Act f 1975, as amended, 42 U.S.C. 6102, sectin 202 f the Americans with Disabilities Act f 1990, 42 U.S.C , and Federal transit law at 49 U.S.C. 5332, the Cntractr agrees that it will nt discriminate against any emplyee r applicant fr emplyment because f race, clr, creed, natinal rigin, sex, age, r disability. In additin, the Cntractr agrees t cmply with applicable Federal implementing regulatins and ther implementing requirements FTA may issue. (2) Equal Emplyment Opprtunity - The fllwing equal emplyment pprtunity requirements apply t the underlying cntract: (a) Race, Clr, Creed, Natinal Origin, Sex - In accrdance with Title VII f the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Cntractr agrees t cmply with all applicable equal emplyment pprtunity requirements f U.S. Department f Labr (U.S. DOL) regulatins, "Office f Federal Cntract Cmpliance Prgrams, Equal Emplyment Opprtunity, Department f Labr," 41 C.F.R. Parts 60 et seq., (which implement Executive Order N , "Equal Emplyment Opprtunity," as amended by Executive Order N , "Amending Executive Order Relating t Equal Emplyment Opprtunity," 42 U.S.C. 2000e nte), and with any applicable Federal statutes, executive rders, regulatins, and Federal plicies that may in the future affect cnstructin activities undertaken in the curse f the Prject. The Cntractr agrees t take affirmative actin t ensure that applicants are emplyed, and that emplyees are treated during emplyment, withut regard t their race, clr, creed, natinal rigin, sex, r age. Such actin shall include, but nt be limited t, the fllwing: emplyment, upgrading, demtin r transfer, recruitment r recruitment advertising, layff r terminatin; rates f pay r ther frms f cmpensatin; and selectin fr training, including apprenticeship. In additin, the Cntractr agrees t cmply with any implementing requirements FTA may issue. (b) Age - In accrdance with sectin 4 f the Age Discriminatin in Emplyment Act f 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Cntractr agrees t refrain frm discriminatin against present and prspective emplyees fr reasn f age. In additin, the Cntractr agrees t cmply with any implementing requirements FTA may issue. (c) Disabilities - In accrdance with sectin 102 f the Americans with Disabilities Act, as amended, 42 U.S.C , the Cntractr agrees that it will cmply with the requirements f U.S. Equal Emplyment Opprtunity Cmmissin, "Regulatins t Implement the Equal Emplyment Prvisins f the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining t emplyment f persns with disabilities. In additin, the Cntractr agrees t cmply with any implementing requirements FTA may issue. (3) The Cntractr als agrees t include these requirements in each subcntract financed in whle r in part with Federal assistance prvided by FTA, mdified nly if necessary t identify the affected parties. Authrized Official f Firm Title f Authrized Official Date 19

21 Disadvantaged Business Enterprises (DBEs) 49 CFR Part 26 a. This cntract is subject t the requirements f Title 49, Cde f Federal Regulatins, Part 26, Participatin by Disadvantaged Business Enterprises in Department f Transprtatin Financial Assistance Prgrams. The natinal gal fr participatin f Disadvantaged Business Enterprises (DBE) is 10%. The agency s verall gal fr DBE participatin is 4.2 %. b. The cntractr shall nt discriminate n the basis f race, clr, natinal rigin, r sex in the perfrmance f this cntract. The cntractr shall carry ut applicable requirements f 49 CFR Part 26 in the award and administratin f this DOT-assisted cntract. Failure by the cntractr t carry ut these requirements is a material breach f this cntract, which may result in the terminatin f this cntract r such ther remedy as Cunty f Lackawanna Transit System deems apprpriate. Each subcntract the cntractr signs with a subcntractr must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. Bidders/fferrs are required t dcument sufficient DBE participatin t meet these gals r, alternatively, dcument adequate gd faith effrts t d s, as prvided fr in 49 CFR Award f this cntract is cnditined n submissin f the fllwing cncurrent with and accmpanying an initial bid: 1. The names and addresses f DBE firms that will participate in this cntract; 2. A descriptin f the wrk each DBE will perfrm; 3. The dllar amunt f the participatin f each DBE firm participating; 4. Written dcumentatin f the bidder/fferr s cmmitment t use a DBE subcntractr whse participatin it submits t meet the cntract gal; 5. Written cnfirmatin frm the DBE that it is participating in the cntract as prvided in the prime cntractr s cmmitment; and 6. If the cntract gal is nt met, evidence f gd faith effrts t d s. Bidders/Offerrs must present the infrmatin required abve as a matter f respnsiveness with initial bids (see 49 CFR 26.53(3)). d. The cntractr is required t pay its subcntractrs perfrming wrk related t this cntract fr satisfactry perfrmance f that wrk n later than 30 days after the cntractr s receipt f payment fr that wrk frm the Cunty f Lackawanna Transit System. In additin, the cntractr is required t return any retainage payments t thse subcntractrs within 30 days after the subcntractr's wrk related t this cntract is satisfactrily cmpleted. e. The cntractr must prmptly ntify Cunty f Lackawanna Transit System, whenever a DBE subcntractr perfrming wrk related t this cntract is terminated r fails t cmplete its wrk, and must make gd faith effrts t engage anther DBE subcntractr t perfrm at least the same amunt f wrk. The cntractr may nt terminate any DBE subcntractr and perfrm that wrk thrugh its wn frces r thse f an affiliate withut prir written cnsent f Cunty f Lackawanna Transit System. f. The cntractr hereby agrees t subcntract a minimum f % f the cntract t Disadvantaged Business Enterprises. (A list f DBE s certified in the Cmmnwealth f Pennsylvania can be fund in the DBE Directry, which can be accessed at Authrized Official f Firm Title f Authrized Official Date 20

22 Incrpratin f FTA Terms FTA Circular E The preceding prvisins include, in part, certain Standard Terms and Cnditins required by DOT, whether r nt expressly set frth in the preceding cntract prvisins. All cntractual prvisins required by DOT, as set frth in FTA Circular E are hereby incrprated by reference. Anything t the cntrary herein ntwithstanding, all FTA mandated terms shall be deemed t cntrl in the event f a cnflict with ther prvisins cntained in this Agreement. The Cntractr shall nt perfrm any act, fail t perfrm any act, r refuse t cmply with any Cunty f Lackawanna Transit System requests which wuld cause the Cunty f Lackawanna Transit System t be in vilatin f the FTA terms and cnditins. Authrized Official f Firm Title f Authrized Official Date 21

23 Suspensin and Debarment 49 CFR Part 29 Executive Order This cntract is a cvered transactin fr purpses f 49 CFR Part 29. As such, the cntractr is required t verify that nne f the cntractr, its principals, as defined at 49 CFR , r affiliates, as defined at 49 CFR , are excluded r disqualified as defined at 49 CFR and The cntractr is required t cmply with 49 CFR 29, Subpart C and must include the requirement t cmply with 49 CFR 29, Subpart C in any lwer tier cvered transactin it enters int. By signing and submitting its bid r bid, the bidder r bidder certifies as fllws: The certificatin in this clause is a material representatin f fact relied upn by the Cunty f Lackawanna Transit System. If it is later determined that the bidder r bidder knwingly rendered an errneus certificatin, in additin t remedies available t the Cunty f Lackawanna Transit System, the Federal Gvernment may pursue available remedies, including but nt limited t suspensin and/r debarment. The bidder r bidder agrees t cmply with the requirements f 49 CFR 29, Subpart C while this ffer is valid and thrughut the perid f any cntract that may arise frm this ffer. The bidder r bidder further agrees t include a prvisin requiring such cmpliance in its lwer tier cvered transactins. Authrized Official f Firm Title f Authrized Official Date 22

24 Lbbying 31 U.S.C CFR Part CFR Part 20 The undersigned certifies, t the best f his r her knwledge and belief, that: (1) N Federal apprpriated funds have been paid r will be paid, by r n behalf f the undersigned, t any persn fr influencing r attempting t influence an fficer r emplyee f an agency, a Member f Cngress, an fficer r emplyee f Cngress, r an emplyee f a Member f Cngress in cnnectin with the awarding f any Federal cntract, the making f any Federal grant, the making f any Federal lan, the entering int f any cperative agreement, and the extensin, cntinuatin, renewal, amendment, r mdificatin f any Federal cntract, grant, lan, r cperative agreement. (2) If any funds ther than Federal apprpriated funds have been paid r will be paid t any persn fr making lbbying cntacts t an fficer r emplyee f any agency, a Member f Cngress, an fficer r emplyee f Cngress, r an emplyee f a Member f Cngress in cnnectin with this Federal cntract, grant, lan, r cperative agreement, the undersigned shall cmplete and submit Standard Frm--LLL, "Disclsure Frm t Reprt Lbbying," in accrdance with its instructins [as amended by "Gvernment wide Guidance fr New Restrictins n Lbbying," 61 Fed. Reg (1/19/96). Nte: Language in paragraph (2) herein has been mdified in accrdance with Sectin 10 f the Lbbying Disclsure Act f 1995 (P.L , t be cdified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language f this certificatin be included in the award dcuments fr all subawards at all tiers (including subcntracts, subgrants, and cntracts under grants, lans, and cperative agreements) and that all subrecipients shall certify and disclse accrdingly. This certificatin is a material representatin f fact upn which reliance was placed when this transactin was made r entered int. Submissin f this certificatin is a prerequisite fr making r entering int this transactin impsed by 31, U.S.C (as amended by the Lbbying Disclsure Act f 1995). Any persn wh fails t file the required certificatin shall be subject t a civil penalty f nt less than $10,000 and nt mre than $100,000 fr each such failure. [Nte: Pursuant t 31 U.S.C. 1352(c)(1)-(2)(A), any persn wh makes a prhibited expenditure r fails t file r amend a required certificatin r disclsure frm shall be subject t a civil penalty f nt less than $10,000 and nt mre than $100,000 fr each such expenditure r failure.] The undersigned certifies r affirms the truthfulness and accuracy f each statement f its certificatin and disclsure, if any. In additin, the Cntractr understands and agrees that the prvisins f 31 U.S.C. A 3801, et seq., apply t this certificatin and disclsure, if any. Authrized Official f Firm Title f Authrized Official Date 23

25 Clean Air 42 U.S.C et seq 40 CFR CFR Part 18 (1) The Cntractr agrees t cmply with all applicable standards, rders r regulatins issued pursuant t the Clean Air Act, as amended, 42 U.S.C et seq. The Cntractr agrees t reprt each vilatin t the Purchaser and understands and agrees that the Purchaser will, in turn, reprt each vilatin as required t assure ntificatin t FTA and the apprpriate EPA Reginal Office. (2) The Cntractr als agrees t include these requirements in each subcntract exceeding $100,000 financed in whle r in part with Federal assistance prvided by FTA. Authrized Official f Firm Title f Authrized Official Date 24

26 Clean Water 33 U.S.C (1) The Cntractr agrees t cmply with all applicable standards, rders r regulatins issued pursuant t the Federal Water Pllutin Cntrl Act, as amended, 33 U.S.C et seq. The Cntractr agrees t reprt each vilatin t the Purchaser and understands and agrees that the Purchaser will, in turn, reprt each vilatin as required t assure ntificatin t FTA and the apprpriate EPA Reginal Office. (2) The Cntractr als agrees t include these requirements in each subcntract exceeding $100,000 financed in whle r in part with Federal assistance prvided by FTA. Authrized Official f Firm Title f Authrized Official Date 25

27 Energy Cnservatin 42 U.S.C et seq. 49 CFR Part 18 The cntractr agrees t cmply with mandatry standards and plicies relating t energy efficiency which are cntained in the state energy cnservatin plan issued in cmpliance with the Energy Plicy and Cnservatin Act. Authrized Official f Firm Title f Authrized Official Date 26

28 NON-COLLUSION AFFIDAVIT INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT 1. This Nn-Cllusin Affidavit is material t any cntract awarded pursuant t this Bid. Accrding t the Pennsylvania Anti- bid-rigging Act, 73 P.S et sec., gvernmental agencies may require Nn-Cllusin Affidavits t be submitted tgether with bids. 2. This Nn-Cllusin Affidavit must be executed by the member, fficer r emplyee f the bidder wh makes the final decisin n prices and the amunt quted in the bid. 3. Bid rigging and ther effrts t restrain cmpetitin, and the making f false SWORN statement in cnnectin with the submissin f bids are unlawful and may be subject t criminal prsecutin. The persn wh signs the Affidavit shuld examine it carefully befre signing and assure himself r herself that each statement is true and accurate, making diligent inquiry, as necessary, f all ther persns emplyed by r assciated with the bidder with respnsibilities fr the assciated apprval r submissin f the bid. 4. In the case f a bid submitted by a jint venture, each party t the venture must be identified in the Bid Dcuments, and an Affidavit must be submitted separately n behalf f each party. 5. The term "Cmplementary Bid" as used in the Affidavit has the meaning cmmnly assciated with that term in the bidding prcess, and includes the knwing submissin f bids higher than the bid f anther firm, any intentinally high r nn-cmpetitive bid, and any ther frm f bid submitted fr the purpse f giving a false appearance f cmpetitin. 6. Failure t file an Affidavit in cmpliance with these instructins may result in disqualificatin f the bid. 27

29 NON-COLLUSION AFFIDAVIT FOR BID FOR (Name f prject r item being bid upn) State f Cunty f I state that I am f (Title) (Name f my Firm) and that I am authrized t make this affidavit n behalf f my firm, and its Owners, Directrs, and Officers. I am the persn respnsible in my firm fr price(s) and the amunt f this bid. I state that: 1. The price(s) and amunt f this Bid have been arrived at independently and withut cnsultatin, cmmunicatin r agreement with any ther cntractr, bidder r ptential bidder. 2. Neither the price(s) nr the amunt f this bid, and neither the apprximate price(s) nr apprximate amunt f this bid, have been disclsed t any ther firm r persn wh is a bidder r ptential bidder, and they will nt be disclsed befre bid pening. 3. N attempt has been made r will be made t induce any firm r persn t refrain frm bidding n this cntract, r t submit a bid higher than this bid, r t submit any intentinally high r nn-cmpetitive bid r ther frm f cmpetitive bid. 4. The bid f my firm is made in gd faith and nt pursuant t any agreement r discussin with, r inducement frm, any firm f persn t submit a cmplementary r ther nn-cmpetitive bid. 5., its affiliates, (Name f my firm) subsidiaries, fficers, directrs, and emplyees are nt currently under investigatin by any gvernmental agency and have nt in the last fur years been cnvicted r fund liable fr any act prhibited by State r Federal Law in any jurisdictin, invlving cnspiracy r cllusin with respect t bidding n any public cntract, except as fllws: 28

30 I state that understands and (Name f my firm) Acknwledges that the abve representatins are material and imprtant, and will be relied n by in awarding the cntract(s) fr which this (Name f my firm) bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent cncealment frm (Name f public entity) f the true facts relating t the submissin f bids fr this cntract. (Name) (Cmpany Psitin) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF, 20. Ntary Public My Cmmissin Expires 29

31 Cunty f Lackawanna Transit System s Prtest Prcedure If a bidder/bidder perceives that a segment f the specificatins is either t restrictive fr cmpetitin r if the bidder/bidder perceives any imprprieties in the slicitatin r specificatins, a written prtest must be filed with the COLTS Executive Directr at least five (5) business days prir t bid pening r the due date fr bids. Any prtests cncerning the award f a cntract after the bid pening, r after a public annuncement by COLTS f a cntractr selectin decisin, r after an evaluatin f bids submitted under an IFB, must be made within five (5) days after the bid pening, r public annuncement in the case f an IFB, in rder t permit COLTS the pprtunity t reslve the issue prir t cntract award. Cntents f Prtest t COLTS A bidder r bidder filing a prtest with COLTS must submit the prtest in writing, via certified United States mail with a return receipt request, t Cunty f Lackawanna Transit System (COLTS) c/ Executive Directr, 800 Nrth Suth Rad, Scrantn, PA The prtest must include: 1. The name and address f the bidder; 2. Prject number and the number f the slicitatin; 3. A detailed and factual statement f the grunds fr prtest and any supprting dcumentatin. The dcumentatin submitted t COLTS must be fully supprted t the extent pssible; 4. The desired relief, actin r ruling frm COLTS. Fllwing an adverse decisin by the Executive Directr, the bidder r bidder may file a prtest with FTA Reginal Office III fr reslutin. FTA Review f Prtest: A prtester must exhaust all administrative remedies with COLTS befre pursuing a prtest with FTA. Review f a prtest by FTA will be limited t: (1) COLTS failure t have r fllw its prtest prcedures, r its failure t review a cmplaint r prtest; r (2) Vilatins f Federal law r regulatin. Fllwing any adverse decisin by the Executive Directr, the bidder may file a prtest if there has been a vilatin in cnnectin with 1 and 2 abve. An appeal t FTA must be received by the U. S. Department f Transprtatin, Federal Transit Administratin ( FTA ), Regin III, 1760 Market Street, Suite 500, 30

32 Philadelphia, PA 19103, within five (5) wrking days f the date the prtester learned r shuld have learned f an adverse decisin by the Executive Directr r ther basis f appeal t FTA. Cntents f Prtest t FTA A bidder filing a prtest with FTA must submit the prtest in writing, via certified United States mail with a return receipt request, t the U. S. Department f Transprtatin, Federal Transit Administratin ( FTA ), Regin III, 1760 Market Street, Suite 500, Philadelphia, PA The prtest must include: 1. The name and address f the bidder; 2. Identificatin f the grantee (COLTS), prject number and the number f the slicitatin; 3. A detailed and factual statement f the grunds fr prtest and any supprting dcumentatin. The dcumentatin submitted t FTA must be fully supprted t the extent pssible; 4. A cpy f the prtest filed with COLTS, and a cpy f the COLTS decisin, if any; and 5. The desired relief, actin r ruling frm FTA. FTA will nt cnsider any data that was nt submitted t COLTS. If new data becmes available after the exhaustin f administrative remedies with COLTS, that data shuld be submitted t COLTS with a request fr recnsideratin. If the request is denied r if the prtestr s administrative remedies with COLTS are again exhausted, the prtestr may then submit the new data t FTA. N frmal briefs r ther technical frms f pleading r mtin are required, but a prtest and ther submissin shuld be cncise, lgically arranged, and clear. Bid prtests must be filed with FTA n later than five (5) days after the exhaustin f administrative remedies with COLTS is knwn r shuld have been knwn, whichever is earlier. Authrized Official f Firm Title f Authrized Official Date 31