River Valley Transit Authority

REQUEST FOR QUALIFICATIONS

Structural Inspection Services for Parking Garage Date Issued: May 20, 2026 Questions Due By: May 27, 2026 Complete Responses Due: June 1, 2026 Award Date: TDB River Valley Transit Authority (RVTA) is soliciting Request of Qualifications from qualified firms to provide professional structural inspection and assessment services for the Church Street Parking Garage. The selected consultant will perform a comprehensive condition evaluation of the parking structure and provide recommendations for maintenance, repair, rehabilitation, and long-term asset management.

All RFQ’s and contracts are subject to all applicable Commonwealth and Federal laws and to a financial assistance contract between the Federal Transit Administration (FTA), the Pennsylvania Department of Transportation (PennDOT) and the individual agency listed herein.

All costs incurred by those who wish to submit a proposal, in the development of their proposal in response to this RFQ are the sole responsibility of those submitting the proposal. No such costs will be reimbursed by the agency. Furthermore, those who submit an RFQ must not include such costs as part of their costs to perform any work described in this RFQ.

Requests for full and complete outline of the specifications, sealed qualifications, and questions regarding this project should be submitted via the PennBid platform.

AUTHORITY INFORMATION

River Valley Transit Authority (RVTA) operates fixed route bus services in Lycoming County, Pennsylvania and the surrounding areas. Fixed route services may be characterized as small urban and rural in nature.

RVTA manages one operations and administrative location as well-as a transit center located at 144 West 3rd Street, and a parking garage located at 11 West Church Street, Williamsport, PA 17701.

PROJECT DESCRIPTION AND SCOPE

RVTA hereby notifies all firms that regarding any contract entered into pursuant to this RFQ advertisement or solicitation, disadvantaged business enterprises (DBE’s) will be afforded full opportunity to submit RFQ’s 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 proposals and to waive any informality in the RFQ process as the Authorities deem it in their own best interest. RFQ’s received after the specified closing time will be considered late and will not be evaluated for award. Misdirected submittals will not be accepted.

RESUME FOR PERSONNEL

Resumes for all project personnel should be included as an appendix to the proposal.

PRIOR EXPERIENCE AND REFERENCES

Proposers should outline the experience of their firm in conducting similar work in similar situations. Please restrict your descriptions to projects that were performed largely by individuals who will be assigned to this project. This element should provide a basic description of the client, how their situation is similar to River Valley Transit Authority, similarities in types of projects, regulatory structures, etc. Client reference contacts (name and phone number) must be included. A minimum of three (3) representative references should be included. Experience with projects financed with U.S. Department of Transportation and/or Pennsylvania Department of Transportation funds is a plus (particularly related to issues such as experience in the environmental assessment process, prevailing wage regulations for construction and the use of “multiple prime” contractors for construction. Areas of engineering expertise (i.e.: civil, mechanical, electrical, architectural, etc.) within the firm should also be outlined.

EVALUATION AND SELECTION

Proposals are due to River Valley Transit Authority on or before the time stated in this RFQ.

They are to be delivered by ways specified and must contain all copies as prescribed. Failure submitting any required certification will result in the proposal being deemed non-responsive and rejected.

Thorough, detailed and concise answers to all sections of the RFQ are required. River Valley Transit Authority is concerned about the quality, not the quantity of the responses. Please read the RFQ carefully and address each section completely.

Proposals will be evaluated based on the evaluation criteria found below. Based on the scores and rankings, firms may be requested to participate in further discussions or clarifications. Any discussions may be held at River Valley Transit Authority’s office, 1500 W 3rd Street, Williamsport, PA.

The discussion will be evaluated based on the criteria shown below in addition to the quality of the presentations and the responses to the questions from the interviewers.

As dictated by Federal Purchasing Requirements, this Request for Qualifications shall follow provisions of the “Brooks Act” (40 U.S.C. §541) for the procurement of any construction that may become part of the RFQ.

CRITERIA FOR EVALUATION

Proposals will be evaluated using the following criteria:

A. Qualifications of the proposer, Qualifications, technical expertise, and relevant experience of proposed project personnel assigned to this project. Sound financial and business viability of the firm; and responsiveness of the proposer including references. (40%)

B. Demonstrated understanding of the project scope, proposed methodology, work plan, and ability to successfully complete the required services. (20%)

C. Current workload, available resources, and demonstrated capacity to complete the services within the required timeframe. (20%)

D. Compliance and Responsiveness: Completion and Responsiveness of the proposal to all elements of the Request for Qualifications. (20%).

1. Obtaining RFQ Documents

2. Project Description

3. Scope of Service

4. Consultant Qualifications

5. Questions, Clarifications, and Interpretation

6. Submission Requirements

7. Proprietary Information

8. Required Forms

9. Authorized Signature

10. Withdrawal

11. Conditional

12. Opening, Requirements, and Evaluation of RFQ

13. Invoices and Payment

14. Force Majeure

15. Contract Breaches and Dispute Resolution 15a. Performance During Dispute 15b. Claims for Damages 15c. Rights and Remedies

16. Subcontracts

17. Liability

18. Postponement and Cancellation

19. Changes and Addendum

20. Insurance 20a.Worker's Compensation Insurance 20b. Liability Insurance General Liability Automobile Insurance

21. Hold Harmless

22. Site Location

BID PROTEST--Bid Protest Procedures

1. Definitions Related to Protests

2. Types of Protests and Time Limits

3. Content of Protest

4. Action by the Authority

5. Response to the protest

6. Rebuttal to the Authority’s Response

7. Request for Reconsideration

8. Decision

9. Confidentiality of Protest

10. FTA Involvement 11.

12. Period of Performance

THIRD PARTY CONTRACT REQUIREMENTS

1. No Government Obligation to Third Parties

2. Program Fraud and False or Fraudulent Statements and Related Acts

3. Notice to FTA and U.S. DOT Inspector General of Information Related to Fraud, Waste, Abuse and Other Legal Matters

AUDITS AND ACCESS TO RECORDS AND REPORTS

1. Audit and Inspection

2. Record Retention

3. Flow Down

4. Federal Changes

5. Termination

6. Termination for Convenience

7. Termination for Default or Cause

8. Opportunity to Cure

9. Waver of Remedies

CIVIL RIGHTS REQUIREMENT

INCORPORATION OF FTA TERMS

ENERGY CONSERVATION

DISADVANTAGE BUSINESS ENTERPRISE (DBE)

SAFE OPERATION OF MOTOR VECHILES

SEAT BELT USE

DISTRACTED DRIVING

TEXT MESSAGE WHILE DRIVING

ENVIRONMENTAL PROTECTION

PROHIBITED INTEREST

INTEREST OF MEMBERS OR DELEGATES TO CONGRESS

INSURANCE

PROTECTION OF SENSITIVE SECURITY INFORMATION

BUILD AMERICA/BUY AMERICA BABA ACT

TRAFFICKING IN PERSON

CONFORMITY TO CURRENT LAW

VETERANS EMPLOYMENT

ASSIGNABILITY CLAUSE

PROPOSER AGREEMENT

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

COMMONWEALTH NON-DISCRIMINATION CLAUSE

FTA CERTIFICATIONS--

1.

2. Obtaining RFQ Documents Interested parties may receive the Request for Qualifications (RFQ) documents by visiting Pennbid.bonfirehub.com Please note, any interested bidder is expected to thoroughly read and understand the information contained within this RFQ.

3. Project Description The project consists of conducting a detailed structural inspection and condition assessment of the parking garage facility, including but not limited to:

· Structural framing systems

· Cast-in-place and/or precast concrete components

· Steel framing and connections

· Deck surfaces and waterproofing systems

· Expansion joints

· Drainage systems

· Columns, beams, slabs, and foundations

· Corrosion, cracking, spalling, and deterioration

· Load-bearing capacity concerns

· Pedestrian and vehicular safety conditions

· ADA-related structural observations as applicable

4. Scope of Services The selected firm may be required to provide the following services:

· Review available existing drawings, reports, and maintenance records.

· Conduct field inspections of all accessible structural components.

· Perform sounding, testing, or nondestructive evaluation as necessary.

· Document deficiencies through photographs and written observations.

· Evaluate structural integrity and safety conditions.

· Provide repair and rehabilitation recommendations with probable cost estimates.

· Develop prioritized repair schedules and lifecycle considerations.

· Prepare a final written report summarizing findings and recommendations.

· Present findings to agency staff and governing board, if requested.

5. Consultant Qualifications Interested firms should demonstrate:

· Experience performing structural inspections of parking garages or similar transportation/public facilities.

· Knowledge of applicable codes, standards, and industry best practices.

· Experience with concrete deterioration analysis and rehabilitation recommendations.

· Availability of licensed Professional Engineers in the Commonwealth of Pennsylvania.

· Familiarity with public-sector procurement and reporting requirements.

6. Questions, Clarifications, and Interpretation Questions will be accepted on the PennBid platform until 4:00 PM, EST, May 27, 2026, telephone calls will NOT be accepted for questions or clarifications. Interested bidders shall not make any effort to contact any Authority employees, other than the Procurement using the Pennbid platform, or attempt to contact any person engaged in maintenance, repair, or service of any Authority property. Any such attempts will result in the disqualification of such bidder. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the Solicitation will be made only by addendum and will be delivered to each person receiving a set of such documents via email. No Authority will be responsible for any other explanation or interpretation of the Solicitation.

7. Submission Requirements Firm shall submit one (1) original RFQ with all required documents by the date due. The RFQ shall be uploaded to the PennBid platform, mailed or delivered to River Valley Transit Authority Administrative office no later than 4:00 PM EST on June 1, 2026. The organization name, along with 2026 – “RVTA Structural Inspection RFQ”, shall be marked plainly on the outside of the envelope.

Statement of qualifications should include

· Firm overview and history

· Relevant project experience

· Qualifications of key personnel

· Project approach and methodology

· References for similar projects

· Proof of professional licensure and insurance

· Any additional information demonstrating the firm’s capability

Williamsport Pennsylvania, 17701.

Williamsport Pennsylvania, 17701.

6a. Submitting Firm Compliance: RFQ’s submitted via snail mail or hand-delivery must be on the forms provided and contained within this Solicitation. RFQ’s submitted in any other form will not receive consideration. All documents contained within the RFQ packet must be completed, signed and returned to River Valley Transit Authority (RVTA) by the designated date and time and shall include Section 1.6, titled “Required Forms and Certifications.” Any submittal received after the noted date and time will be deemed non-responsive and rejected. Except for unforeseen circumstances that could 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. RFQ’s received after the time and date specified will not be considered and any RFQ’s received after the scheduled closing time shall be returned to the proposer unopened. No Obligation on the part of any Authority or agents: IF RFQ’s ARE SENT BY MAIL OR ANY OTHER MEANS, THE RESPONSIBILITY FOR THEIR ON TIME DELIVERY TO River Valley Transit Authority IS WHOLLY UPON THE PROPOSER.

6b. Understanding: By submitting an RFQ, each firm will be deemed to have certified to (RVTA) that the firm has fully investigated and become completely familiar with the Solicitation requirements, conditions throughout RVTA 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. Occasions may arise that require clarification of Contract Documents. Proposer shall rely only on written addenda provided by RVTA when submitting or revising RFQ’s. In no event should a prospective firm submit an RFQ’s based upon an oral interpretation of the Solicitation by any RVTA staff or by any other firm or individual not associated with RVTA. In addition, vendors are required to state exactly what they intend to furnish to RVTA 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 vendor’s offer fully complies with all conditions identified in this Solicitation.

7. Proprietary Information Any information contained in the RFQ that the Proposer 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

8. Required Forms All information must be submitted on the forms provided, contained within this document, and must contain all specified items. Incomplete forms or submitted information in any other form outside of what RVTA has in this RFQ will be considered non-responsive and will be rejected. All forms must be completed and returned to RVTA Description

· Commonwealth Non-Discrimination Clause

· Disadvantaged Business Enterprise (DBE) Certification

· Disadvantaged Business Participation

· Buy America

· Lobby Certificate

· Certification of Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion

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

· Non-Collusion Affidavit

· Proposer Information Sheet

· Proposal Form

9. Authorized Signature The RFQ shall be signed by an official authorized to bind the information as true and accurate, and it shall contain a statement to the effect that the RFQ is firm for a period of at least sixty (60) days from the closing date of the submission.

10. Withdrawal This RFQ shall be valid for Sixty (60) days from the closing date for the submission. Prior to the date and time RFQ’s are due the RFQ may be modified or withdrawn by the Bidder’s authorized representative in person, or by written notice. If RFQ’s are modified or withdrawn in person, the authorized representative shall make their identity known and shall sign a receipt for the RFQ. Written notices shall be addressed to: Stacie Elliftawi, Procurement Director, River Valley Transit Authority 1500 West Third Street, Williamsport, PA 17701 no later than the official due date and time.

11. Conditional RFQ’s, or those which take exception to the specifications, will be considered non-responsive and will be rejected.

12. Opening, Requirements, and Evaluation of RFQ: RFQ’s will be evaluated by RVTA to determine which RFQ, 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 submissions and to waive any informalities and minor irregularities and to request additional information required to make a full evaluation.

The RFQ shall be clear and meet the terms specified herein, leaving no ambiguity in terms of provided merchandise and service.

13. Invoices and Payment: Invoices shall be sent at least by the last day of the month when the service is performed. The Authority shall make payment within Forty-five (45) days of receipt of an invoice, provided the contractor has submitted all the information to review and approve the invoice. Please note, each invoice must contain at minimum, invoice date, total cost, and description of work completed. Prepayment: RVTA will not prepay for any work, materials, permits, or supplies. No exceptions.

14. Force Majeure: The successful firm shall not be liable for any failure to perform if acceptable evidence has been submitted to RVTA that failure to fulfil the agreement was due to causes beyond the control and without the fault or negligence of the successful firm. Examples of such causes include acts of God, civil disturbances, fire, war, or floods, but not include labor related incidents such as strikes or work stoppages or unavailability of any product to be supplied to the Responsible Authority.

15b 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. Remedies: Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Authority) and the Contractor arising out of or relating to this agreement or its breach will be decided by binding arbitration utilizing a firm or individual mutually acceptable to both parties.

15c Rights and Remedies: The duties and obligations imposed by the Contract documents and the rights and remedies thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by RVTA or the Contractor shall constitute a waiver of any right or duty afforded by any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

16. Subcontracts The selected firm may utilize qualified subcontractors/subconsultants to perform portions of the work. The prime consultant shall remain fully responsible for all services performed under any resulting agreement and shall serve as the single point of contact for the Authority. All proposed subcontractors/subconsultants shall be identified in the Statement of Qualifications and shall include a description of the services to be performed by each firm. The Authority reserves the right to approve or reject any proposed subcontractor/subconsultant. No substitution or addition of subcontractors/subconsultants may occur after submission without prior written approval from the Authority. Additionally, the Authority will be held harmless, individually and collectively, regarding any disputes between the Contractor and any subcontractors.

17. 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 selections regarding this requirement. Each contractor or other respondent agrees to bear all costs of its response and participation in the process described in this RFQ; there shall be no reimbursement for any costs incurred in the preparation of responses or RFQ in connection with this process. Additionally, the Authority will not be held liable or bear any responsibility for Contractor damage, injury, or loss.

18. Postponement and Cancellation River Valley Transit Authority reserves the right to postpone the bid opening for its own convenience and to reject any or all bids.

19. Changes and Addendum Changes to the specifications will be made by addendum. At no point shall any correspondence, conversation, or assumption be deemed to take precedence above this document or any addenda released by the River Valley Transit Authority.

20. Insurance RVTA 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.

and leased vehicles used in service under this Agreement such general liability, vehicle liability and property damage liability insurance as shall protect RVTA, 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 whether such operations be by the Contractor or by others directly or indirectly employed by either of them, by naming RVTA 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

b. Automobile Insurance in an amount not less than:

$2,000,000 Combined Single Limit for Bodily Injury and Property Damage Liability per Accident $35,000 Uninsured/Underinsured Motorist Limits – Not Stacked $25,000 PA First Party Medical Benefit

The insurance herein before specified in sections 20a and 20b 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. RVTA shall be given a minimum of thirty (30) days’ notice prior to any change or cancellation of any of the insurance required under this paragraph. RVTA shall be named as "additional insured" on all policies. Failure to comply with any of the terms set forth in this paragraph shall constitute and result in an immediate and automatic termination of contract.

21. Hold Harmless. The Contractor shall indemnify, defend and hold harmless the River Valley Transit Authority (RVTA), 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 River Valley Tranist Authority (RVTA) sole negligence. This includes, but is not limited to:

a) Injury and other claims arising out of employment by Contractor, RVTA and / or their subcontractors and agents

b) Injury to third parties

c) Damage to and/or loss of use of tangible property

d) Attorney fees and other defense costs arising out of or related to the performance or non-performance of service arising out of or related to work or service by the Contractor and /or its employees, subcontractors, and/or agents.

22. Site Location: Lycoming County: 11 West Church Street, Williamsport, PA 17701

BID PROTEST

Bid Protest Procedures The policies and procedures governing the receipt and resolution of protests in connection with a Request for Qualifications (RFQ) are outlined below. This procedure is applicable to all RFQs.

1. Definitions Related to Protests "Interested Party" means any bidders/proposers. "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/proposer 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. Types of Protests and Time Limits For this solicitation, RVTA and the RVTA 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 of each of the Authorities. A Protestant must file a pre-bid protest no later than Five (5) days prior to bid opening date by 4:00 PM EST Williamsport, Pennsylvania. 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 by 4:00 PM EST Williamsport, Pennsylvania. Post-Award Protest is based upon the award of a contract. A Protestant must file a post-award protest no later than Five (5) days after the notification to the unsuccessful firms of the Authority’s intent to award, or no later than Five (5) days after an unsuccessful firm becomes aware of the Authority’s intent to award a contract, whichever comes first, by 4:00 PM EST Williamsport, Pennsylvania.

3. Content of Protest Protests must be in writing, and filed directly with the Office of the Executive Director of the River Valley Transit Authority (RVTA) at:

Executive Director River Valley Transit Authority (RVTA) 1500 West Third Street Williamsport, PA 1770 Any and all protests must contain the following information:

4. Action by the Authority Procurement Process Status: Upon timely receipt of a protest, RVTA 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, RVTA 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 or performance will be unduly delayed by failure to make the award promptly

c) Failure to make prompt award will otherwise cause undue harm to either RVTA or funding sources.

If the protest is filed before the award of the contract, RVTA will advise the Presumptive Contractor of the pending protest. If deemed appropriate, RVTA may conduct an informal conference on the merits of the protest with all Interested Parties invited to attend.

5. Response to the Protest: RVTA Executive Director will respond in detail to each substantive issue raised in the protest within a reasonable time after the protest is filed. RVTA response shall address only the issues raised originally by the Protestant. 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.

6. Rebuttal to the Authority’s Response: The Protestant may submit a written rebuttal to RVTA response, addressed to the Executive Director of RVTA, but must do so within five (5) days after receipt of the original Executive Director’s response. RVTA will not address new issues raised in the rebuttal. After receipt of the Protestant’s rebuttal, the Executive Director will review the protest and notify the Protestant of his/her final decision.

7. 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. RVTA Executive Director will again review the protest considering all currently available information. The Executive Director’s determination will be made within a reasonable period of time, and his/her decision will be considered final.

8. Decision: Upon review and consideration of all relevant information the determination as issued by the Executive Director will be final.

9. 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.

10. Federal Transit Administration (FTA) Involvement Where procurements are funded by the FTA, RVTA will notify the Regional Office of any known or pending protests. RVTA will notify the FTA again within five (5) business days from receipt of final decision made by the Executive Director of RVTA. The Protestant may file a protest with the FTA only where the protest alleges that RVTA 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 4220.1F.

11. Period of Performance Once selection is made, the anticipated Period of Performance to complete all services within an agreed timeframe will be established by the Authority.

THIRD PARTY CONTRACT REQUIREMENTS

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

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

3. Notice to FTA And U.S. DOT Inspector General of Information Related to Fraud, Waste, Abuse, and Other Legal Matters If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-Party Agreements and must require each Third-Party Participant to include an equivalent provision in its sub agreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. (3) Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions.

AUDITS AND ACCESS TO RECORDS AND REPORTS

1. Audit and Inspection. The Contractor shall permit the authorized representatives of RVTA, U.S. Department of Transportation, the Pennsylvania Department of Transportation and the Comptroller General of the United States to inspect and audit all data and records of the Contract or relating to its performance and its subcontracts under this Contract from the date of the Contract and for three (3) years after completion or termination of the Contract.

2. Record Retention. The Contractor further agrees to include in all their subcontracts hereunder a provision to the effect that the subcontractor agrees that RVTA, the U.S. Department of Transportation, the Pennsylvania Department of Transportation and the Comptroller General of the United States or any of their duly authorized representatives shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of each Subcontractor, involving transactions related to the Subcontractor.

The term "Subcontractor" as used in this clause excludes: (1) Purchase Orders not exceeding $10,000; and (2) subcontracts or Purchase Orders for public utility services at rates established for uniform applicability to the general public.

3. Flow Down The record keeping and access requirements extend to all third-party contractors and their contracts at every tier and their subcontracts at every tier.

4. Federal Changes The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed herein or by reference in the Agreement (Form FTA MA (21) dated October 1, 2014), as they may be amended or promulgated from time to time during the term of this contract, unless the Federal Government determines otherwise. The Contractor’s failure to so comply shall constitute a material breach of this contract. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any RVTA requests which would cause RVTA to be in violation of the FTA terms and conditions. Contractor's failure to so comply shall constitute a breach of this Contract.

5. Termination The contract may be terminated for reasons of RVTA's convenience or Contractor's breach or insolvency. Notice of termination shall be accomplished by registered, certified or express mail.

6. Termination for Convenience. RVTA may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination and all maintenance fees through the end of the year of the then-current term. The Contractor shall promptly submit its termination claim to RVTA to be paid. If the Contractor has any property in its possession belonging to RVTA, the Contractor will account for the same and dispose of it in the manner RVTA directs.

7. Termination for Default or Cause. If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the material manner called for in the contract, or if the Contractors fail to comply with any other material provisions of the contract, RTVA may terminate this contract for default. Termination shall be in effect by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by RVTA that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, RVTA, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

8. Opportunity to Cure: RVTA in its sole discretion may, in the case of a termination for breach or default, allow the Contractor sixty (60) days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to RVTA's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within sixty (60) days after receipt by Contractor or written notice from RVTA setting forth the nature of said breach or default, RVTA shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude RVTA from also pursuing all available remedies against Contractor and its sureties for said breach or default.

9. Waiver of Remedies for any breach in the event that RVTA elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by RVTA shall not limit RVTA's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

CIVIL RIGHTS REQUIREMENTS

A. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: During the performance of this contract, the Contractor and its subcontractors shall comply with all requirements prohibiting discrimination against any employee or applicant for employment on the basis of race, color, creed, sex, age, disability or national origin in accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681-1683, 1685-88, with implementing U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. Part 25; Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102; Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332; Section 202 of the American With Disabilities Act of 1990, 42 U.S.C.

12132; Federal transit law at 49 U.S.C. 5332; and U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act,” 49, C.F.R. Part 21, and any implementing requirements FTA may issue.

B. EQUAL EMPLOYMENT OPPORTUNITY: In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor and its subcontractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R.

Parts 60 et seq. and any implementing requirements the FTA may issue. The Contractor and its subcontractors agree that it shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, disability, age, sexual orientation, gender identity, or status as a parent. The Contractor and its subcontractors shall take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, national origin, disability, age, sexual orientation, gender identity, or status as a parent.

Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

C. NONDISCRIMINATION ON THE BASIS OF DISABILITY: The Contractor agrees to comply with all applicable requirements of the following federal laws and federal regulations pertaining to discrimination against seniors or individuals with disabilities. The federal laws include: American with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and the Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151et seq.

The federal regulations include:

(1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37;

(2) U.S. DOT regulation, "Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;

(3) U.S. DOT regulations, “Transportation for Individuals with Disabilities:

Passenger Vessels,” 49 C.F.R. Part 39.

(4) Joint U.S. Architectural and Transportation Barriers Compliance Board/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;

(5) U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35;

(6) DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. part 26;

(7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the American with Disabilities Act," 29 C.F.R. Part 1630;

(8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F;

(9) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR Part 1194; and

(10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609.

D. COMMONWEALTH OF PENNSYLVANIA NON-DISCRIMINATION/SEXUAL HARASSMENT

CLAUSE: Each bidder/proposer is requested to certify its compliance with the Commonwealth of Pennsylvania’s Non-Discrimination/Sexual Harassment Clause.

INCORPORATION OF FTA TERMS

All applicable contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, or its successor, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.

ENERGY CONSERVATION

Contractor agrees to recognize and comply with the mandatory standards and policies relating to energy efficiency that are contained in the Pennsylvania State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 C.F.R.