Invitation for Bids for placement of protective planters and boulders.

Solicitation:

20260921 - Zarfoss Bollard Additions IFB

Issue Date: September 29, 2026

Prebid Meeting 12:30 PM Prevailing Time, October 15, 2026

Questions Due: 2:00 PM Prevailing Time, October 22, 2026

Bids Due: 2:00 PM Prevailing Time, November 5, 2026

Contract Start Date: December 1, 2027

Susquehanna Regional Transportation Authority dba rabbittransit

20260921 - Zarfoss Bollard Additions DRAFT

Invitation for Bids

20260921 - Zarfoss Bollard Additions IFB

The Susquehanna Regional Transportation Authority (SRTA), dba rabbittransit is issuing an Invitation for Bids (IFB) for the services described as follows. The Authority will receive Bids from qualified firms for the supply, delivery, installation of concrete planters, river rock relocation, and the removal and proper disposal of landscape mulch.

All materials and work shall be congruent with the Specifications section of this Invitation for Bids (IFB). Please review the complete Solicitation to determine if your products and services are suitable. SRTA/rabbittransit provides transit service and maintains facilities throughout Adams, Columbia, Cumberland, Dauphin, Franklin, Montour, Northumberland, Perry, Snyder, Union, and York Counties, as well as the City of Harrisburg. This solicitation and the resulting Contract apply to work performed in York County.

All Bids and contracts are subject to all applicable Commonwealth and Federal laws and to a financial assistance contract between the Federal Transit Administration (FTA) and the Pennsylvania Department of Transportation (PennDOT).

All costs incurred by Bidders in the development of their responses to this IFB are the sole responsibility of the Bidding firms. No such costs will be reimbursed by SRTA. Furthermore, Bidding firms must not include such costs as part of their cost proposals to perform any work described in this IFB.

Please obtain the full specification by visiting PennBid.net. All materials, questions, addenda, and submissions will be addressed via the PennBid.net platform.

Due:

2:00 PM Prevailing Time, November 5, 2026

SRTA hereby notifies all Bidding Firms that in regard to any contract entered into pursuant to this IFB advertisement or solicitation, disadvantaged business enterprises (DBE’s) will be afforded full opportunity to submit Bids in response and will not be subjected to discrimination on the basis of race, color, sex or national origin in consideration for an award. The Authority reserves the right to postpone, accept or reject any and all Bids and to waive any informality in the IFB process as the Authority may deem in its own best interest. Bids received after the specified closing time will be considered late Bids and will not be evaluated for award. Misdirected submittals will not be accepted.

Solicitation Contents

1. General Information

1.1 Obtaining IFB Documents 8

1.2 Pre-Bid Meeting 8

1.3 Questions, Clarifications, and Interpretation 8

1.4 Bid Submissions 8

1.5 Proprietary Information 9

1.6 Bid Forms 9

1.7 Authorized Signature 9

1.8 Bid Withdrawal 9

1.9 Conditional Bids 10

1.10 Opening, Requirements, and Evaluation of Bids 10

1.11 Contract 10

1.12 Invoices and Payment 11

1.13 Force Majeure 11

1.14 Contract Breaches and Dispute Resolution 12

1.15 Subcontracts 12

1.16 Liability 12

1.17 Postponement and Cancellation 12

1.18 Changes and Addendum 12

1.19 Insurance 12

1.20 Jurisdiction and Venue 13

1.21 Reservation of Governmental Immunity 13

1.22 Confidentiality, Data Ownership, and Use of Materials 13

1.23 Indemnification 13

1.24 Contract Execution Requirement 14

1.25 Group Purchasing Organization Restrictions 14

2. Bid Protests

2.1 Bid Protest Procedures 16

2.2 Definitions Related to Protests 16

2.3 Types of Protests and Time Limits 16

2.4 Content of Protest 16

2.5 Action by the Authority 16

2.6 Confidentiality of Protest 16

2.7 Federal Transit Administration (FTA) Involvement 17

3. Specifications

3.1 Scope Of Work and Technical Requirements 10

3.2 Coordination 19

3.3 Contractor Project Manager 19

3.4 Product and Placement Submittals 19

3.5 Concrete Planters 19

3.6 Planter Placement and Accessible Route 20

3.7 Planting and Plant Warranty 20

3.8 Boulders and Existing Landscape Grasses 20

3.9 Mulch Removal and River Rock 21

3.10 Site Protection and Restoration 21

3.11 Inspection and Acceptance 21

3.12 Work Warranty 22

4. Third Party Contract Requirements

4.1 Access to Records and Reports 24

4.2 Americans with Disabilities Act (ADA) 24

4.3 Reserved 24

4.4 Restrictions on Lobbying 24

4.5 Civil Rights Laws and Regulations 26

4.6 Civil Rights and Equal Opportunity 26

4.7 Clean Air Act and Federal Water Pollution Control Act 27

4.8 Reserved 28

4.9 Debarment and Suspension 28

4.10 Disadvantaged Business Enterprise (DBE) 28

4.11 Energy Conservation 29

4.12 Equal Employment Opportunity 29

4.13 Notice to Third Party Participants 30

4.14 Incorporation of Federal Transit Administration (FTA) Terms 30

4.15 No Government Obligation to Third Parties 30

4.16 Notification to FTA Regarding Legal Matters 30

4.17 Reserved 31

4.18 Solid Wastes 31

4.19 Program Fraud and False or Fraudulent Statements and Related Acts 31

4.20 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment 31

4.21 Prompt Payment 32

4.22 Safe Operation of Motor Vehicles 32

4.23 Termination 32

4.24 Violation and Breach of Contract 35

4.25 Trafficking In Persons 35

4.26 Federal Tax Liability and Recent Felony Convictions 35

4.27 Severability 36

4.28 Assignability 36

5. Required Forms and Certifications

5.1 Acknowledgement of Receipt of Addenda 38

5.2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters 39

5.3 Certification of Lower-Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion

5.4 Non-Collusion Affidavit 41

5.5 Commonwealth Non-Discrimination Clause 42

5.6 Disadvantaged Business Participation 44

5.7 Disadvantaged Business Enterprise (DBE) Certification 45

5.8 Subcontractor Good Faith Checklist 46

5.9 Prohibited Telecommunications Equipment 47

5.10 Notice of Federal Requirements 48

5.11 Certification of Restrictions on Lobbying 51

5.12 Federal Tax Liability and Recent Felony Convictions 52

6. Appendix

6.1 20260921 - Zarfoss Bollard Additions IFB Instructions 54

6.2 20260921 - Zarfoss Bollard Additions IFB Quote Form 55

6.3 20260921 - Zarfoss Bollard Additions IFB References 58

6.4 Vehicle Barrier Planter Approximate Locations 59

6.5 Work Areas 60

End of Solicitation 60

1. General Information

1.1 Obtaining IFB Documents 8

1.2 Pre-Bid Meeting 8

1.3 Questions, Clarifications, and Interpretation 8

Intentionally Blank

1. General Information

1.1 Obtaining IFB Documents

Interested parties may obtain the Invitation for Bids (IFB) documents by visiting PennBid.net. All addenda, communication, and submissions will be communicated via PennBid.net. Please note: Any interested Bidder is expected to thoroughly read and understand the information contained within this IFB.

1.2 Pre-bid Meeting

There will be an optional pre-bid meeting held beginning at 12:30 PM Prevailing Time on October 15, 2026.

Attendance is strongly encouraged. Attendees shall wear closed-toe shoes and supply their own reflective safety gear. This will be Bidder’s only time to view the site and examine site-specific conditions which may affect work.

1.3 Questions, Clarifications, and Interpretation

Bid questions will be accepted in writing on the PennBid.net platform until 2:00 PM Prevailing Time on October 22, 2026. No telephone calls will be accepted for questions or clarifications. Interested Bidders shall not make any effort to contact any Authority employees, other than the Procurement Analyst, or attempt to make contact with any persons engaged in maintenance, repair, or service of any Authority property. Any such attempts may result in the disqualification of such Bidder. If any person contemplating submitting a Bid is in doubt as to the true meaning of any provision or part of this Solicitation, or finds discrepancies in, or omissions from such documents, questions may be submitted via PennBid.net. Any interpretation or correction of the Solicitation will be made only by addendum and will be posted publicly via the PennBid.net platform. All inquiries regarding the contents and requirements of this IFB should be in writing until 2:00 PM Prevailing Time on October 22, 2026 via the PennBid.net platform.

1.4 Bid Submissions

Bidding Firms shall submit their Bid via the PennBid.net platform by the date and time due. The Excel file, “20260921 - Zarfoss Bollard Additions IFB Quote Form,” must be fully completed and uploaded as part of the Bid submission. All required forms shall be uploaded as PDF files with printed and signed originals. The Bids shall be submitted no later than 2:00 PM Prevailing Time on November 5, 2026.

1.4.1 Bidding Firm Compliance: Bids must be submitted on the provided forms contained within this Solicitation. Bids submitted in any other form or on any other document may not receive consideration. All documents contained within the Bid packet must be completed, signed and returned to SRTA by the designated date and time and shall include: all items within Section 5, titled “Required Forms and Certifications.”

1.4.2 Any Bid received after the noted date and time will be deemed non-responsive and rejected. Except for unforeseen circumstances that would warrant a change in the deadline by the Authority for all respondents, requests for extensions of the closing time and date will not be granted. Bids received after the time and date specified will not be considered and shall be returned to the Bidder unopened.

1.4.3 No Obligation on the Part of Any Authority or Agents: IF BIDS ARE SUBMITTED BY ANY MEANS, THE RESPONSIBILITY FOR THEIR ON-TIME DELIVERY TO SRTA VIA THE PENNBID.NET PLATFORM IS WHOLLY

UPON THE BIDDER.

1.4.4 Understanding: By submitting a Bid, each Bidding Firm will be deemed to have certified to SRTA that the firm has fully investigated and become completely familiar with the Solicitation requirements, conditions throughout SRTA’s Solicitation, and applicable local, state, federal laws, and regulations relating to this procurement. The Authority will not consider claims for additional compensation based upon the firm’s lack of knowledge of such documents, statutes, regulations, resolutions, or conditions. Bidding Firms shall rely only on written addenda provided by SRTA when submitting or revising Bids. In no event should a prospective firm submit a Bid based upon an oral interpretation of the Solicitation. Vendors are required to state exactly what they intend to furnish to SRTA via this Solicitation and must indicate any variances to the terms, conditions, and specifications of this Solicitation, no matter how slight. If variations are not stated in the vendor’s offer, it shall be inferred that the offer fully complies with all conditions identified in this Solicitation.

1.4.5 Specifications Section: Bidders do not need to submit the specifications book. Please submit only the bid form as instructed and the required forms and certifications found in Section 5.

1.4.5 Schedule:

Issue Date: September 29, 2026

Prebid Meeting 12:30 PM Prevailing Time, October 15, 2026

Questions Due: 2:00 PM Prevailing Time, October 22, 2026

Bids Due: 2:00 PM Prevailing Time, November 5, 2026

Contract Start Date: December 1, 2026

1.5 Proprietary Information

Any information contained in the Bid that the Bidding Firm considers proprietary must be clearly identified as such.

The Authority will respect requests for non-disclosure of proprietary information to the extent that information so restricted conforms to the Freedom of Information Act (FOIA) and Pennsylvania Sunshine Laws.

1.6 Bid Forms

All pricing must be submitted on the forms provided, contained within this document, and must contain all specified items in section 5. Incomplete Bids submitted in any other form will be considered non-responsive and will be rejected.

Item Number

Description

5.1 Acknowledgement of Receipt of Addenda

5.2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters

5.3 Certification of Lower-Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion

5.4 Non-Collusion Affidavit

5.5 Commonwealth Non-Discrimination Clause

5.6 Disadvantaged Business Participation

5.7 Disadvantaged Business Enterprise (DBE) Certification

5.8 Subcontractor Good Faith Checklist

5.9 Prohibited Telecommunications Equipment

5.10 Notice of Federal Requirements

5.11 Certification of Restrictions on Lobbying

5.12 Federal Tax Liability and Recent Felony Convictions

1.7 Authorized Signature

The Bid shall be signed by an official authorized to bind the offer, and it shall contain a statement to the effect that the Bid is firm for a period of at least One-hundred, Twenty (120) days from the closing date for the submission of Bids. This individual will be named on the resulting Contract.

1.8 Bid Withdrawal

All Bids shall be valid for One-hundred, Twenty (120) days from the closing date for the submission of Bids. Prior to the date and time Bids are due, the Bid may be modified or withdrawn by the Bidder’s authorized representative via the PennBid.net platform or by written notice. Written notices shall be addressed to: Allen Hollenbach, Procurement Analyst, SRTA, 415 Zarfoss Drive, York, Pennsylvania 17404, no later than the exact due date and time.

1.9 Conditional Bids

Conditional Bids, or those which take exception to the specifications, will be considered non-responsive and will be rejected.

1.10 Opening, Requirements, and Evaluation of Bids

Bids will be evaluated by SRTA to determine which Bid, if any, should be accepted in the best interest of the organization. The Authority at its sole discretion will reserve the right to accept or reject Bids submitted and to waive any informalities and minor irregularities and to request additional information required to fully evaluate a Bid. The Bid shall be clear and meet the terms as specified herein, leaving no ambiguity in terms of provided materials.

1.10.1 Opening of Bids: Received Bids will be publicly opened via remote meeting. If interested in observing the Bid opening, please request the meeting link from Allen Hollenbach at ahollenbach@rabbittransit.org.

1.10.2 Evaluation: Bids will be reviewed for completeness and solicitation compliance. The complete Bid will include all documents in Section 5. The lowest cost, responsible and responsive Bid which meets specified criteria will be selected as the apparent Contractor.

1.10.3 Reserved.

1.10.4 Disadvantaged Business Enterprise: Though not a requirement and will not disqualify a firm or earn a contract, please identify any DBE participation in the Bid.

1.10.5 Single Bid: Firms or individuals wishing to submit Bids may not submit more than one Bid. If multiple

Bids are received from the same individual or firm, both Bids will be rejected.

1.10.6 Sole Bid: In the event a single bid is received, SRTA may conduct a cost analysis of the bid; to be limited to non-proprietary cost data only. A cost analysis is the process of examining the quote and evaluating the separate cost elements. It should be recognized that a cost analysis through comparison to other similar procurements must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantity and involving similar provisions. Where a difference exists, a detailed analysis must be made of this difference and costs attached thereto. Where it is not possible to obtain a valid price analysis, it may be necessary for the Authority to conduct a cost analysis of the proposed price.

1.11 Contract

The Contract will set a firm, fixed price for costs necessary to make the alterations described in Section 3.

1.11.1 Contract: The Authority will issue a firm, fixed price Contract to the selected firm. The successful Bidding Firm will receive a Notice of Intent to Award. Bidding firms which will not receive a contract will receive a Notice of Intent informing them of the decision to award the Contract to a different firm.

1.11.2 Award of Contract: The Authority has a Board of Directors meeting November 19 during which the contract process may be approved for the successful Bidder. After Board Approval, the apparent Contractor will then need to provide any necessary documentation to Allen Hollenbach, and the Notice to Proceed will be sent within two (2) weeks of the receipt of all required documents. The necessary documents will include any insurance certificates, the signed Contract, and the organization’s W9.

1.11.3 Notice to Proceed: After all required documents have been received, reviewed, and approved, SRTA will issue a Notice to Proceed. The Authority will not be responsible for any costs incurred by the Apparent Contractor prior to the issuance of the Notice to Proceed.

1.11.4 Solicitation: This solicitation and any addenda will be incorporated in whole, by reference, within the Contract.

1.11.5 Bid: The successful Bid will be incorporated in whole, by reference, in the resulting Contract.

1.11.6 Contract Term: The Contract term shall commence upon issuance of the Notice to Proceed. The

Contract shall continue until completion of work and achievement of Project Milestones.

1.11.7 Change Orders: It is expected that Contractor has fully detailed all labor, materials, equipment, supervision, permits, testing, coordination, closeout, and costs necessary to perform the Work based upon the Solicitation Documents. Should a change become necessary, Contractor shall immediately notify the SRTA Project Manager and submit a written, itemized Change Order proposal showing labor hours, the Contract labor rate, equipment costs, supplier quotations, material costs, and the Contract material markup. No additional Work shall be performed and no additional cost shall be incurred without a written Change Order executed or otherwise expressly approved in writing by SRTA.

Contractor's failure to identify a reasonably foreseeable cost shall not entitle Contractor to additional compensation.

1.12 Invoices and Payment

Invoices shall be sent upon delivery, placement, and acceptance of materials and shall reference this solicitation number and the purchase order issued by SRTA. The Authority shall make payment within Forty-five (45) days of receipt of an acceptable invoice. Additionally invoices shall list the corresponding Milestone Number and SRTA issued Purchase Order.

1.12.1 Invoice Detail: Each invoice shall reference this solicitation number and the purchase order issued by SRTA.

1.12.2 Prepayment: SRTA will not prepay for any materials or delivery. No exceptions.

1.12.3 Delivery: To receive payment, all invoices shall be sent to tmanahan@rabbittransit.org, omartinez @rabbittransit.org, and accountspayable@rabbittransit.org.

1.12.4 Purchase Order: Each and every invoice must reference the SRTA-issued Purchase Order.

1.12.5 Milestone Costs: Milestone costs shall correspond to the accepted Quotation and shall be tied to defined, completed, and verifiable Work at the awarded locations. Contractor shall not invoice any Milestone before written acceptance by the SRTA Project Manager.

1.12.6 Written Acceptance: It is Contractor's responsibility to notify the SRTA Project Manager when a Milestone is ready for review and to provide the records required to verify completion. SRTA shall not be required to pay for Work that has not received written acceptance.

1.12.7 Change Order Billing: Each approved Change Order shall be identified by sequential number and billed as a separate invoice line. Contractor shall not invoice unapproved Work, unsupported markup, or amounts exceeding the written Change Order authorization.

1.12.8 Invoice Questions: Should there be any question or dispute regarding an invoice, Contractor shall continue the Work unless directed to stop by SRTA and shall promptly provide documentation, cost records, supplier quotations, certified payroll, and explanations requested by SRTA.

1.12.9 Additional Charges: SRTA will not pay travel, subsistence, taxes from which SRTA is exempt, fines, tariffs, administrative fees, processing fees, delivery surcharges, storage fees, insurance charges, escalation, or any cost not included in the accepted Quotation and Contract Cost unless authorized through a written Change Order before the cost is incurred.

1.12.10 Additional Invoice Terms: Contractor shall not add terms to any invoice that conflict with this Contract. SRTA's payment of an invoice containing contrary or additional terms shall not constitute acceptance or approval of those terms. Additional terms may cause the invoice to be disputed in its entirety.

1.12.11 Disputed Invoices: Disputed invoices will be paid ten (10) days after the charges have been adequately described and documented by Contractor and accepted by SRTA. Should any portion of an invoice be disputed, SRTA will dispute the entire invoice. SRTA will not pay partial invoices.

1.12.12 Late Fees: SRTA shall timely pay undisputed invoices. SRTA will not pay late fees related to disputed, incomplete, inaccurate, or misdirected invoices.

1.13 Force Majeure

Contractor will not be considered in default in the performance of its obligations under this Contract to the extent that performance is prevented or delayed by events beyond the reasonable control and without the fault or negligence of the Contractor (“Force Majeure”). Such events may include acts of God, natural disasters, fires, floods, declaration of war, civil disturbances, governmental actions, or other similar causes beyond the reasonable control of the Contractor which result in a declaration of emergency.

1.13.1 Should Contractor claim Force Majeure it shall promptly notify SRTA in writing of the nature of the event, the anticipated duration of the delay, and the actions being taken to mitigate the impact on performance. The Contractor shall use all reasonable efforts to resume full performance of its obligations as soon as practicable.

1.13.2 Force Majeure shall not include labor disputes, strikes, work stoppages, supply chain interruptions, or the unavailability of materials, equipment, or products required for performance under this Contract. The Contractor remains responsible for ensuring that sufficient labor, materials, products, and equipment are available to meet the requirements of this Contract.

1.13.3 Any determination that a Force Majeure event has occurred and that performance delays are excusable under this provision shall be subject to written review and approval by the SRTA Executive Director.

1.13.4 Should Force Majeure be granted, it shall operate only to excuse performance for the duration of the event and shall not relieve the Contractor of its obligation to resume full performance as soon as the Force Majeure condition ceases.

1.13.5 Time of the Essence: Time is of the Essence for deliveries and performed work.

1.14 Contract Breaches and Dispute Resolution

Disputes arising from the performance of the contract, which are not resolved between SRTA and the contract holder, shall be decided and resolved by the Executive Director of SRTA. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Executive Director shall be binding upon the Contractor.

1.14.1 Performance During Dispute: Unless otherwise directed by the Authority, Contractor shall continue performance under the Contract while matters in dispute are being resolved.

1.14.2 Claims for Damages: Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his employees, agents or others for whose act he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

1.15 Subcontracts

The requirement for single-point responsibility does not prohibit subcontracts or joint ventures provided that the single successful proposer assumes the position of Prime Contractor and performs Twenty Percent (20%) of the service specified. Additionally, the Authority will be held harmless, individually and collectively, with regard to any disputes between the Contractor and any subcontractors.

1.16 Liability

The Authority shall not be liable to any contractor or to any third party for any claims or damages occasioned by the solicitation, rejection, negotiation, or selection of Bids regarding this requirement. Each contractor or other respondent agrees to bear all costs of its response and participation in the process described in this IFB; there shall be no reimbursement for any costs incurred in the preparation of responses or Bids in connection with this process.

1.17 Postponement and Cancellation

SRTA reserves the right to postpone the bid opening for its own convenience and to reject any or all bids.

1.18 Changes and Addendum

Changes to the specifications will be made by addendum. Answers to written questions will be included as an addendum. At no point shall any correspondence, conversation, or assumption be deemed to take precedence above this document or any addenda released by the SRTA Procurement Analyst.

1.19 Insurance

SRTA shall be supplied with certificates of such insurance prior to the commencement of any work under this Agreement. All coverages below are to be “occurrence” type policies.

1.19.1 Worker’s Compensation Insurance: The Contractor shall be responsible for taking out and maintaining Workers’ Compensation insurance in accordance with the laws of the Commonwealth of Pennsylvania as necessary. Evidence of having this insurance shall be given to SRTA.

1.19.2 Liability Insurance: The Contractor shall take out and maintain on its owned and leased vehicles used in service under this Agreement such general liability, vehicle liability and property damage liability insurance as shall protect SRTA, and others performing work covered in this Agreement, from all claims for damages, personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this Agreement, by naming SRTA and all others performing work as additional insured with respect to the project, and the amount of such insurance shall be as follows:

a. General Liability – insurance in an amount not less than:

$2,000,000 General Aggregate Limit $2,000,000 Products – Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $2,000,000 Each Occurrence Limit

1.19.3 The insurance specified in sections 1.19.1 and 1.19.2 shall be with an acceptable insurance company authorized to do business in the Commonwealth of Pennsylvania and shall be taken out before work is commenced and kept in effect until claims which may arise from work performed under the terms of this Agreement are satisfactorily completed. SRTA shall be given a minimum of thirty (30) days’ notice prior to any change or cancellation. SRTA shall be named as “additional insured” on all policies.

Failure to comply with any of the terms set forth in this paragraph shall constitute an immediate and automatic termination of contract.

1.19.4 The Contractor shall indemnify, defend and hold harmless the Susquehanna Regional Transportation Authority (SRTA), its officials and employees from and against any and all actual or alleged demands, claims, damages, losses and expenses, whether caused in whole or in part by a party indemnified hereunder, excepting only SRTA’s sole negligence.

1.19.5 Certificate of Insurance: Bidder shall have the ability to provide a certificate of insurance as specified, naming the Susquehanna Regional Transportation Authority as an additional insured. This must be obtained and in force prior to the apparent Contractor receiving the necessary Notice to Proceed.

1.20 Jurisdiction and Venue

Any and all disputes between the parties relating in any way to this Contract, and all exhibits and/or attachments hereto, shall be adjudicated in the Court of Common Pleas of York County, Pennsylvania. The parties hereto agree that jurisdiction and venue are appropriate as to each of them and said court.

1.21 Reservation of Governmental Immunity

The Susquehanna Regional Transportation Authority (“SRTA”) does not waive, relinquish, or otherwise limit any governmental or sovereign immunity by issuing this Solicitation, entering into any resulting Contract, or by any action taken pursuant thereto. SRTA expressly retains and preserves all immunities and defenses available under applicable law, including but not limited to those provided by the Pennsylvania Political Subdivision Tort Claims Act, 42 Pa.C.S. §§ 8541–8564.

1.22 Confidentiality, Data Ownership, and Use of Materials

Contractor shall not release, publish, distribute, or display any materials, communications, reports, data, photographs, drawings, or other resources related to this Contract without the prior written consent of SRTA.

SRTA shall retain all ownership rights, title, and interest in and to all SRTA data, including but not limited to operational records, reports, forms, logos, and any other materials generated or collected in the performance of services under this Contract. Any materials produced specifically for SRTA under this Contract shall remain the property of SRTA.

1.23 Indemnification

The Contractor agrees to defend, indemnify and hold harmless SRTA, the Authority, its Board of Directors, officers, agents, servants and employees from and against any and all claims, judgments and awards, including court costs and reasonable counsel fees, arising out of any claim, suit or action at law, in equity or otherwise, of any kind or nature whatsoever, which may be brought against the Authority arising out of any actions referenced in the resulting Contract on account of any actual or alleged loss to property or injury to any person or persons (including death), arising directly or indirectly out of or related to the performance or nonperformance under the resulting Contract by the Contractor, and/or subcontractor(s), and/or their officers, agents, servants or employees, even if caused in part by any party indemnified hereunder, excepting only the sole negligence of the Authority. This indemnification shall survive the expiration or termination of the resulting Contract.

1.24 Contract Execution Requirement

The successful Offeror shall execute the Contract and return all required documents, including insurance certificates and other submittals, within ten (10) calendar days from the date of the Notice of Award, unless otherwise authorized in writing by the Authority. Submission of a Bid shall constitute acknowledgment of and agreement to this requirement.

1.24.1 Acceptance of Contract Terms: By submission of a Bid, the Offeror acknowledges review of and agreement to all terms and conditions of the Contract included in this solicitation. Exceptions, clarifications, or modifications to Contract terms after issuance of the Notice of Award shall not be permitted unless expressly approved in writing by the Authority.

1.24.2 Failure to Execute Contract: If the successful Offeror fails to execute the Contract within the time required, the Authority may, at its sole discretion: rescind the Notice of Award; retain any bid security, if applicable; proceed with award to the next lowest responsive and responsible Offeror;

and/or pursue any other remedies available under applicable law.

1.24.3 Recovery of Re-procurement Costs: If the Authority awards the Contract to another Offeror at a higher price due to the failure of the original Offeror to execute the Contract, the original Offeror shall be liable to the Authority for the difference in price, together with any additional administrative and re-procurement costs incurred.

1.25 Group Purchasing Organization Restrictions

The Proposer shall not require SRTA to join, participate in, or maintain membership in any group purchasing organization, cooperative purchasing program, procurement consortium, purchasing alliance, buying cooperative, or similar organization as a condition of receiving the pricing, discounts, products, services, warranties, support, or any other benefits offered in its Proposal. All pricing submitted shall be made available directly to SRTA under the resulting Agreement without requiring SRTA to execute any separate membership, participation, subscription, or other agreement with a third party.

1.25.1 Prohibited Requirement: The Proposer shall not condition any proposed pricing, discounts, rebates, incentives, warranties, maintenance, support, or other contractual benefits upon SRTA joining or participating in any cooperative purchasing organization or similar entity.

1.25.2 Direct Contracting: All pricing proposed shall be available directly to SRTA through the resulting Contract. The Proposer shall not require SRTA to execute any separate agreement with a third-party purchasing organization in order to obtain the proposed pricing or services.

1.25.3 Permissible Cooperative Pricing: Nothing herein shall prohibit the Proposer from voluntarily extending pricing derived from an existing cooperative purchasing contract, provided such pricing is made available directly to SRTA without requiring SRTA to become a member of, or otherwise participate in, the applicable cooperative purchasing organization.

1.25.4 Non-Responsive Proposal: Any Proposal that requires SRTA to join or participate in a group purchasing organization, cooperative purchasing program, procurement consortium, purchasing alliance, buying cooperative, or similar organization as a condition of award or receipt of the proposed pricing may be determined non-responsive and rejected by SRTA.

1.25.5 Separate Purchase Orders: The Vendor shall not require SRTA to issue a Purchase Order to any entity or organization other than the Vendor or a joint venture member expressly identified in the submitted bid.

2. Bid Protests

2.1 Bid Protest Procedures

The policies and procedures governing the receipt and resolution of protests in connection with an Invitation for Bids (IFB) are outlined below. This procedure is applicable to all IFBs.

2.2 Definitions Related to Protests

“Interested Party” means any Bidder. “Days” means business days. “Filed” means the date of receipt by The Office of the Executive Director or his/her designee. “Federal/State Law or Regulation” means any valid requirement imposed by Federal, State, or other Statute or regulation. “Presumptive Contractor” means the Bidder that is in line for award of the contract in the event that the protest is denied. “Protestant” is an Interested Party who is aggrieved in connection with the solicitation or award of a contract and who files a protest.

2.3 Types of Protests and Time Limits

For this solicitation, SRTA and the SRTA Executive Director will review and respond to all protests. A Pre-Bid Protest is based upon alleged restrictive specifications or alleged improprieties in the procurement process. A Protestant must file a pre-bid protest no later than Five (5) days prior to bid opening date by 4:30 PM York, Pennsylvania prevailing time. A Pre-Award Protest is based upon alleged improprieties of a Bid. A Protestant must file a pre-award protest no later than Five (5) days after the Protestant knows or should have known of the facts giving rise thereto. A Post-Award Protest is based upon the award of a contract and must be filed no later than Five (5) days after notification to unsuccessful firms of the Authority’s intent to award.

2.4 Content of Protest

Protests must be in writing, and filed directly with the Office of the Executive Director of the Susquehanna Regional Transportation Authority (SRTA) at:

Executive Director Susquehanna Regional Transportation Authority (SRTA)

415 N. Zarfoss Drive York, PA 17404 Any and all protests must contain the following information:

a. The name, address and telephone number of the Protestant

b. Identity of the IFB (by name) “20260921 - Zarfoss Bollard Additions IFB”

c. A detailed factual statement of the grounds for protest

d. The desired relief, action, or ruling.

2.5 Action by the Authority

Upon timely receipt of a protest, SRTA will delay the opening of bids until after a resolution of the protest or protests filed prior to the bid opening, or withhold award until after resolution of the protest or protests filed after bid opening. However, SRTA may open bids or award a contract whenever the Authority, at its sole discretion, determines that: a. The items or work to be procured are urgently required; b. Delivery will be unduly delayed by failure to make the award promptly; or c. Failure to make prompt award will otherwise cause undue harm to either SRTA or funding sources.

2.5.1 Response to the Protest: SRTA’s Executive Director will respond in detail to each substantive issue raised in the protest within a reasonable time after the protest is filed. When on its face a protest does not state a valid basis for protest or is untimely, the Executive Director may summarily dismiss the protest without requiring a detailed response.

2.5.2 Rebuttal to the Authority’s Response: The Protestant may submit a written rebuttal to SRTA’s response, addressed to the Executive Director of SRTA, but must do so within five (5) days after receipt of the original Executive Director’s response. The Executive Director will review the protest and notify the Protestant of his/her final decision.

2.5.3 Request for Reconsideration: If data becomes available that was not previously known, or there has been an error of law, a Protestant may submit a request for reconsideration of the protest.

The Executive Director’s determination will be considered final.

2.6 Confidentiality of Protest

Material submitted by a Protestant will not be withheld from any Interested Party, except to the extent that the withholding of information is permitted or required by law or regulation. If the Protestant considers that the protest contains proprietary material which should be withheld, a statement advising of this fact must be affixed to the front page of the protest submission and the allegedly protected information must be so identified whenever it appears.

2.7 Federal Transit Administration (FTA) Involvement

Where procurements are funded by the FTA, SRTA will notify the Regional Office of any known or pending protests. SRTA will notify the FTA again within five (5) business days from receipt of final decision made by the Executive Director of SRTA. The Protestant may file a protest with the FTA only where the protest alleges that SRTA failed to have, or failed to adhere to its protest procedures or there was a violation of Federal Law or Regulation. Any protest to the FTA must be filed in accordance with FTA Circular 4220.1G.

3. Scope Of Work and Technical Requirements

3. Scope Of Work and Technical Requirements The Contractor shall furnish all labor, materials, equipment, transportation, handling, and supervision necessary to install round concrete planters along the approximately 66-foot sidewalk in front of the Zarfoss reception area;

place boulders in the adjacent mulch bed to restrict vehicle entry into the patio area; relocate existing landscape grasses as necessary; install plantings; replace designated mulch with river rock; and restore areas disturbed by the Work.

3.1 Conceptual Layout

The attached Planter-Vehicle Barriers diagram establishes the conceptual planter quantity and layout for bidding. It is expressly marked “Conceptual layout only” and “Not for construction.” The Contractor shall field verify existing conditions and dimensions and submit a final placement layout for SRTA’s written approval before ordering planters or performing the Work. Field verification shall not authorize a change to the bid quantities or specified planter dimensions without SRTA’s written direction.

3.2 Coordination

The Contractor shall coordinate the sequence of the Work with SRTA’s Project Manager and maintain safe access to the facility during installation.

3.3 Contractor Project Manager

The Bidder shall designate a Project Manager to serve as the Contractor’s primary contact for submittals, scheduling, delivery, installation, inspections, and corrective work. The Contractor’s Project Manager shall coordinate directly with SRTA’s Project Manager, Trevor Manahan, or a successor designated by SRTA.

3.4 Product and Placement Submittals

The Contractor shall obtain SRTA’s written review of the proposed products and field-verified layout before procurement or installation, as applicable.

3.4.1 Planter Information: Before ordering planters, the Contractor shall submit manufacturer literature or other verifiable product information showing each proposed planter’s outside diameter, height, empty weight, material, drainage design, finish, sealer, and suitability for outdoor use in the local climate.

3.4.2 Placement Layout: Before ordering or installation, the Contractor shall submit a field-verified placement layout identifying each planter by diameter, proposed centerline, and clear separation;

the two accessible-route openings; all proposed boulder locations and approximate sizes; access and circulation clearances; the extent of mulch removal and river rock placement; and any landscape grasses proposed for relocation. The layout shall use the conceptual diagram as its basis and shall be subject to SRTA’s written approval. Approval shall not relieve the Contractor of responsibility for actual site dimensions, accessibility, or performance.

3.4.3 Planting Information: The Contractor shall submit the proposed plant species and a description of the planter growing medium and drainage arrangement for SRTA’s written approval before planting.

3.5 Concrete Planters

The Contractor shall furnish 15 round concrete planters: eleven planters with a 28-inch outside diameter and four planters with a 24-inch outside diameter. Each planter shall be 30 to 32 inches high. These quantities and diameters are shown in the conceptual Planter-Vehicle Barriers diagram and are consistent with the signed purchasing request.

3.5.1 Minimum Empty Weight: Each empty planter shall weigh at least 500 pounds. The Contractor shall provide documentation of the empty weight of each proposed planter size; soil, plants, ballast, or other contents shall not be counted toward the minimum empty weight.

3.5.2 Finish and Climate Suitability: Planters shall be charcoal in color with a weathered finish and a sealer appropriate for exterior exposure. The Contractor shall confirm that the concrete, finish, and sealer are suitable for the local climate, including seasonal freezing and thawing. Final finish shall be ultra violet and scratch resistant.

3.5.3 Drainage: Each planter shall have drainage suitable for exterior planting. The Contractor shall prevent drainage discharge or placement from creating a hazardous walking condition or obstructing an accessible route.

3.5.4 Condition and Handling: Planters shall be new, free of cracks, spalling, and material defects at delivery and acceptance. The Contractor shall use lifting and setting methods appropriate for the weight of the planters and protect adjacent pavement and facilities.

3.5.5 Planter Design: Planters shall be Dawn Enterprises Charcoal #920 with weathered finish and sealer or approved equal. Requests for approved equal shall be submitted as a question within PennBid.net. Requests for equals shall be accompanied with manufacturer sales and warranty literature.

3.6 Planter Placement and Accessible Route

The Contractor shall place the planters on the pedestrian walk/building side of the parking stalls and outside the striped parking access aisles. The conceptual diagram depicts a 63-foot striped parking width and an approximately 63-foot, 4-inch nominal planter barrier extent; these are distinct from the approximately 66-foot sidewalk length stated in the purchasing request. The Contractor shall field verify all three dimensions and obtain SRTA’s approval of the final layout.

3.6.1 Conceptual Centerlines: For bidding and preparation of the field-verified layout, the approximate planter centerlines, measured in feet from the left parking edge as shown on the conceptual diagram, shall be: 0, 5, 10, 15, 20, 25, 29, 31.75, 36.75, 40.5, 44.5, 48.25, 53.25, 57, and 61 feet.

The 24-inch-diameter planters shall be positions 8, 9, 12, and 13 when counted from left to right;

the other 11 positions shall receive 28-inch-diameter planters. These dimensions are conceptual and shall be confirmed on site before ordering or placement.

3.6.2 Accessible Openings: The diagram depicts 36-inch clear openings between planter positions 8 and 9 and between positions 12 and 13, aligned with the two striped accessible parking access aisles.

The Contractor shall preserve the full 102-inch width and full length of each striped access aisle and shall keep the planters outside those aisles. The Contractor shall maintain all accessible routes, maneuvering clearances, and door operation required by applicable accessibility requirements; the depicted openings alone shall not be deemed proof of compliance.

3.6.3 Field Conflicts and Setting: The Contractor shall identify any conflict between the conceptual diagram and actual access requirements, pavement edges, drainage, doors, or site improvements before ordering or placement and shall obtain SRTA’s written direction for any adjustment.

Planters shall be set securely and level on a stable surface without damaging existing facilities.

3.7 Planting and Plant Warranty

The Contractor shall plant each planter with low-growing, spreading plants approved in writing by SRTA.

Acceptable examples for consideration are John Creech stonecrop, SunSparkler stonecrop, and Angelina stonecrop. The Contractor shall provide plants suited to the exposure and growing conditions at the site.

Contractor shall provide SRTA with a plant watering schedule and instructions to ensure proper plant establishment.

3.7.1 Growing Medium and Installation: The Contractor shall provide suitable growing medium and plant the material using practices appropriate to the approved species and the planter’s drainage system. Plants shall be healthy and established at the time of acceptance.

3.7.2 Plant Warranty: The Contractor shall warrant the plants for one year from SRTA’s written acceptance. During the warranty period, the Contractor shall replace plants that die or fail to establish, except where damage is caused by SRTA or a third party, at no additional cost to SRTA.

Replacement plants shall be of the approved species and comparable size and shall be installed during an appropriate planting season.

3.8 Boulders and Existing Landscape Grasses

The Contractor shall furnish and place large boulders in the existing mulch bed to restrict vehicle entry into the patio area. The attached Planter-Vehicle Barriers diagram does not show the patio, boulder locations, sizes, or quantity. The Contractor shall submit a plan with their bid for review by SRTA to place boulders. The plan will not be used to determine Contract award, but the awarded Contractor’s plan will be used by the SRTA Project Manager during installation.

3.8.1 Boulder Placement: The Contractor shall submit proposed boulder sizes and spacing for SRTA’s written approval before delivery. Boulders shall be sound, stable, and placed so that they do not roll, shift under normal conditions, obstruct an accessible route, or impede necessary drainage.

3.8.2 Landscape Grasses: The Contractor shall relocate existing landscape grasses within the bed as necessary to accommodate the approved boulder layout. The Contractor shall protect root systems to the extent practicable, replant promptly in suitable locations approved by SRTA, and restore disturbed soil. Contractor shall properly replant existing grasses and provide a watering schedule for SRTA staff.

3.9 Mulch Removal and River Rock

The Contractor shall remove existing mulch from the area designated by SRTA in the IFB and replace it with existing site river rock. The attached Planter-Vehicle Barriers diagram does not identify that area.

SRTA has river rock in a designated on-site area at the flammable container storage area. The Contractor shall properly remove the existing river rock from an area designated by the SRTA Project Manager of approximately thirty feet (30’) by twelve feet (12’), transport to the mulch area, and place in a visually appearing manner.

3.9.1 Rock Placement: The Contractor shall include loading, on-site transport, placement, and finish grading of the designated river rock in its bid. The Contractor shall protect adjoining walks, plantings, drainage facilities, and structures and shall leave the finished area neat and stable.

3.9.2 River Rock Removal: Replacement of material in the existing river rock area will be performed by others. Contractor shall ensure concrete edges are not damaged during river rock removal.

3.9.3 Geotextile: After the mulch has been removed and soil graded to ensure a proper finished grade, nonwoven six ounce (6.0 oz) geotextile shall be placed to ensure proper water infiltration, prevent rock sink, and decrease weed pressure.

3.10 Site Protection and Restoration

The Contractor shall protect continued facility use and restore all areas affected by its operations.

3.10.1 Access During Work: The Contractor shall coordinate deliveries, staging, equipment access, and any temporary restriction of pedestrian access with SRTA’s Project Manager. The Contractor shall maintain safe access to the reception area or provide an accessible alternate route approved by SRTA when an interruption is necessary.

3.10.2 Protection and Cleanup: The Contractor shall protect existing pavement, landscaping, utilities, building elements, and site features. The Contractor shall repair or replace damage caused by its operations to SRTA’s satisfaction and remove debris, excess material, packaging, and…