2-TACT Division 00 Documents.pdf

Town & Country Transit INVITATION TO BIDDERS

Kittanning ADA Ramps

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Advertisement

Notice is hereby given, Town & Country Transit located in Kittanning, PA, is soliciting bids for the construction of the Kittanning ADA Ramps project located at 179 N. McKean Street, Kittanning, PA 16201.

Bidding documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com).

Bid packages will be received for the following contracts:

Contract TACT PA 2025-1.1GC – General Construction

The deadline for bid submissions is 2:00PM (EST) on January 7, 2026. All bids will be submitted electronically (https://pennbid.bonfirehub.com). A NON-MANDATORY PRE-BID meeting will be held virtually via Microsoft Teams on December 10, 2025, at 10:00AM (EST). Prospective bidders are strongly encouraged to attend and can find the pre-bid conference information on PennBid in the Important Events area. For an invite to the meeting contact Michael Dillon at mdillon@jmt.com

No Disadvantaged Business Enterprise (DBE) goals has been established for this project, however Town

& Country Transit encourages the use of small businesses in all contracts. State Prevailing Wage Rates are required for this project.

The Bidder’s attention is directed to the fact that all applicable Federal and State laws, municipal ordinances and codes, and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout, and they are deemed to be included in the Contract the same as though herein written in full.

Town & Country Transit will not be liable for any costs incurred in the preparation of the bids or for at-tendance at the pre-bid conference.

All bids and contracts are subject to a financial assistance contract between Town & Country Transit and the Pennsylvania Department of Transportation.

The successful bidder will be required to comply with all applicable Non-Discrimination and Non-

Collusion laws and regulations to certify that they are not on the Comptrollers General’s list of ineligible contractors or are federally disbarred.

Town & Country Transit provides equal opportunity in employment, service, and contractual agreements.

The bidder agrees that bids will be valid for at least a ninety (90) day period from the date the bids are opened. Town & Country Transit reserves the right to reject any or all bids and to waive any or all irregu-larities, mistakes, omissions, or informalities relative thereto.

Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the “Mes-sages/Vendor Discussions” feature in PennBid no later than 12:00 pm December 19, 2025.

https://pennbid.bonfirehub.com/ mailto:mdillon@jmt.com

Town & Country Transit BIDDING AND CONTRACT REQUIREMENTS

Kittanning – ADA Ramps

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SECTION 002113 – BIDDING AND CONTRACT REQUIREMENTS

1.1 INTRODUCTION

A. Town & Country Transit is soliciting bids from qualified contractors for the Kittanning ADA

Ramps Project located at 179 N. McKean Street, Kittanning, PA 16201.

1.2 DEFINITIONS

A. The term “Town & Country Transit” “Authority, “purchaser”, “Owner” or “Procuring Agency” where it appears in the contract documents means Town & Country Transit, 200 N. Grant Avenue, Kittanning, PA 16201. The term “Contractor” where it appears refers to the prime contractor(s).

The terms Proposal and Bid, Proposer and Bidder; as they are used throughout the contract documents are interchangeable, but only at the Owner’s discretion and direction.

The terms Architect, Engineer, Construction Manager, Project Manager, Project Professionals, Clerk of the Works as they are used throughout the contract documents are interchangeable, but only at the Owner’s discretion and direction.

“Project Bid Documents” include, but are not limited to, Invitation to Bid, Instructions, General

Conditions, Technical Specifications and Bid Attachments Section, Drawings and Addenda.

“Department” or “the Department” means the Pennsylvania Department of Transportation.

1.3 LIABILITIES AGAINST PROCURING AGENCY

A. The Contractor shall indemnify, keep, and save harmless the Owner, its agents, officials, and employees against all injuries, deaths, losses, damages, claims, suits, liabilities, judgements, costs, and expenses, which may accrue against the Procuring Agency arising out of, or resulting from, the contractor’s acts or omissions, including acts or omissions of its employees, servants, and agents. Reference Hold Harmless Agreement Certification.

1.4 TAXES

A. Pennsylvania Sales and Use Tax: As to the sales tax imposed by the Commonwealth and some municipalities, Contractor is directed to the provisions in Pennsylvania law found at 72 P.S. 72

§7201 et seq. Town & Country Transit makes no representation that these statutes are the only relevant statutes that apply. Contractor, to whatever extent that Contractor deems necessary, must obtain its own legal advice on any question concerning relevant taxes. Contractor is responsible for making its own investigation to determine whether or not it is subject to municipal, Commonwealth or Federal taxes and for paying for such tax if applicable. Contractors are hereby informed that Town & Country Transit is obligated by law to furnish to government entities, upon their request, the name and address of any person or firm with whom Town & Country Transit has a contract for goods and/or services.

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1.5 BID SUBMISSION

A. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises (DBE) in Department of Transportation

Financial Assistance Programs. Town & Country Transit solicits and encourages the use of Small

Business Enterprises.

Proposers will be required to comply with all applicable non-discrimination, integrity and lobbying laws and regulations and to certify they are not on the Comptroller General’s list of ineligible contractors. The DBE Goal for this project is set at 0.0%

1.6 POSTPONEMENT OR CANCELLATION OF BID

A. Town & Country Transit reserves the right to cancel the bid at any time or change the date and time for submitting proposals by announcing same prior to the date and time established for proposal submittal.

1.7 BID SIGNATURE

A. Each proposal shall be signed by the Bidder submitting the Bid. The name and title of the Bidder shall be included following the signature when submitting through pennbid.bonfire.com.

1.8 PRE-BID MEETING

A. Town & Country Transit will conduct a non-mandatory pre-bid meeting on Thursday, December

10, 2025 via MS Teams at 10:00 a.m. The purpose of the pre-bid meeting will be to address issues and questions raised in our RFP by prospective proposers. A summary of issues raised in this meeting, and responses thereto, will be issued in writing to all proposers to whom a copy of the

RFP has been distributed. Requests to visit the site shall be made in writing directly to Michael

Dillon at mdillon@jmt.com.

1.9 BID SCHEDULE

A. ADDENDA

Receipt and review of Addenda by each Bidder must be acknowledged through pennbid.bonfire.com.

B. PROCUREMENT AND CONSTRUCTION SCHEDULE

The following are key dates for this bid. TOWN & COUNTRY TRANSIT is committed to adhering to this schedule but reserves the right to make modifications as it deems necessary at its sole discretion.

Date Activity mailto:TBergbauer@jmt.com

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December 3, 2025 Project Bid Documents Released/Advertised

December 10, 2025 Pre-bid Meeting (Optional) 10:00 am via MS Teams

December 19, 2025 Written questions from proposers due by 12:00 pm prevailing time

December 23, 2025 Written responses / final addendum to questions issued by Town &

Country Transit

January 7, 2026 Bids Due in pennbid.bonfire.com, 2:00 pm prevailing time;

January 21, 2026 Construction Contract Notice of Award

February 16, 2026 Anticipated Notice to Proceed Date

D, QUESTIONS/INQUIRIES AND CLARIFICATIONS

All questions, inquiries, and clarifications must be submitted through the pennbid.bonfire.com system. All Addenda will be published and must be acknowledged by perspective bidders.

1.9 INTERPRETATION OF CONTRACT DOCUMENTS

No oral interpretations as to the meaning of the contract documents will be made to any Proposer.

Any explanation desired by a Proposer regarding the meaning or interpretation of the contract documents, etc., must be requested in writing and with sufficient time allowed (a minimum of ten

(10) calendar days before the date set to receive proposals) for a reply to reach Proposers before the submission of their proposals. Any interpretation or change made will be in the form of an addendum to the drawings, specifications, etc., as appropriate, and will be furnished as promptly as is practicable to all parties to whom the contract documents have been issued, but at least five

(5) calendar days prior to the proposal due date. All Addenda will become part of the contract documents and any subsequently awarded Contract. Oral explanations, statements or instructions given by Town & Country Transit before the award of the Contract will not be binding upon

Town & Country Transit.

1.10 EXAMINATION OF CONTRACT DOCUMENTS

Bids should be reviewed for accuracy before submission to Town & Country Transit. Town &

Country Transit will not be responsible for errors in any proposal. Town & Country Transit makes no representations or warranties express or implied as to the accuracy and/or completeness of the information provided. The bid set, including all supplements, if any, is made subject to errors or omissions, withdrawal or cancellation without prior notice, and changes to, or additions to, same.

Proposers are expected to examine the specifications, schedules, and all instructions. Failure to do so will be at the Bidder's risk.

The submission of a proposal shall constitute an acknowledgment upon which Town & Country

Transit may rely that the Proposer has thoroughly examined and is familiar with the solicitation and has reviewed and inspected all applicable statutes, regulations, ordinances, and resolutions

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11/24/2025 002113 - 4 addressing or related. The failure or neglect of a Proposer to receive or examine such documents, statutes, regulations, ordinances, or resolutions shall in no way relieve the Proposer from any obligations with respect to its Proposal or to any Contract awarded pursuant to the bid documents.

No claim for additional compensation will be allowed which is based on lack of knowledge or misunderstanding of these documents, statutes, regulations, ordinances, or resolutions.

1.11 COST OF BIDS

Town & Country Transit is not liable for any costs incurred by Bidders in the preparation, presentation, testing or negotiation of Proposals submitted in response to this solicitation.

1.12 ERRORS AND ADMINISTRATIVE CORRECTIONS

Town & Country Transit will not be responsible for any errors in proposals. Proposers will only be allowed to alter proposals after the submittal deadline in response to requests for clarifications.

Town & Country Transit reserves the right to allow corrections or amendments to be made that are due to minor administrative errors or irregularities, such as errors in typing, transposition, or similar administrative errors. Erasures or other changes or entries made by the Proposer must be initialed by the person signing the proposal.

Errors and administrative corrections does not include providing proper documentation to ensure a responsive bid as outlined in the contract documents.

1.13 CLARIFICATIONS, EXCEPTIONS, AND APPROVED EQUALS

The various materials and products specified in the specifications by name or description are given to establish a standard of quality and cost for bid purposes. It is not the intent to limit the acceptance to any one material or product specified, but rather to name or describe it as the absolute minimum standard that is desired and acceptable. A material or product of lesser quality would not be acceptable. Where proprietary names are used, whether or not followed by the words “or as approved equal”, they shall be subject to equals only accepted by the Owner during the review of the Contractor’s product data submittals. No substitution requests will be accepted prior to the Award of the Contract.

1.14 COMPLIANCE WITH TERMS AND ATTACHMENTS

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania as they may from time to time be in effect, without giving effect to any conflicts of law provisions. Any suit or proceeding arising out of, relating to, or mentioning this Agreement shall be commenced only in the state or federal courts maintaining jurisdiction in Armstrong County, Pennsylvania, and each party to this Agreement hereby consents to the jurisdiction and venue of the Court of

Armstrong County Courthouse Kittanning PA.

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1.15 COLLUSION

The Proposer guarantees that the proposal submitted is not a product of collusion with any other

Proposer and no effort has been made to fix the proposal price of any Proposer or to fix any cost element of any proposal price. Failure to submit the signed affidavit (Attachment F) at the time proposals are due shall be grounds for disqualification of the Proposer's offer. If Town & Country

Transit determines that collusion has occurred among Proposers, none of the proposals from the participants in such collusion shall be considered. Town & Country Transit’s determination shall be final.

1.16 FTA TERMS AND DEFINITIONS

The Contractor agrees that the definitions and terminology included in FTA Circular C.4220.1G

(March 28, 2013) and the FTA Master Agreement at the time of award shall be incorporated into the contract by reference.

1.17 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The Contractor and its subcontractors agree to comply with Section 107 of the Contract Work

Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, Safety and Health Regulations for Construction, 29 C.F.R. Part 1926. Among other things, the

Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. The Contractor also agrees to include the requirements of this section in each subcontract. The term subcontract under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration, or repair.

1.18 NEUTRALITY IN RELATIONS

To the extent permitted by law, the Contractor and its subcontractors agrees to comply with

Executive Order No. 13202, “Preservation of Open Competition and Government Neutrality

Towards Government Contractors’ Labor Relations on Federal and Federally Funded

Construction Projects,” Executive Order No. 13202, as amended by Executive Order 13208, 41

U.S.C. 251 note which, among other things, prohibits requirements for affiliation with a labor organization as a condition of award of any third-party contracts or subcontract for construction or construction management services.

1.19 CONSTRUCTION REPORTS

The Contractor agrees to provide progress reports and such other information to Town & Country

Transit as the FTA or the Commonwealth of Pennsylvania may require Town & Country Transit to provide.

1.20 PRICING

Pricing information shall be provided through PennBid.

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1.21 REJECTION OF BIDS

TOWN & COUNTRY TRANSIT reserves the right to reject any or all bids and waive any minor informalities or irregularities.

1.22 PROTEST PROCEDURES

The policies and procedures governing the receipt and resolution of protests in connection with Invitation for Bids or Requests for Proposals are outlined below. These procedures are applicable to all IFBs or RFPs issued by Mid-County Transit Authority dba Town & Country Transit (hereinafter “TACT”).

In the case where federal funds are involved, TACT shall follow Chapter 7 of TACT circular 4220.1G, as amended from time to time, and reporting shall be made to the Pennsylvania Department of Transportation

(PennDOT), if applicable.

Definitions

“Interested Party” means any bidders or proposers

“Days” means normal business days and excludes weekends or holidays observed by the ATA.

“File” means the date and time of receipt at the Regional Offices of Mid-County Transit Authority d/b/a

Town & Country Transit at 220 N. Grant Ave, Kittanning, PA 16201, local time prevailing.

“Federal/State Law or Regulation” means any valid requirement imposed by Federal, State, or other Statute or regulation.

“IFB” Invitation for Bid

“Presumptive Contractor” means the bidder or proposer that is in line for award of the contract in the event that the protest is denied.

“Procurement Proceeding” means a competitive selection process that may include an RFP, IFB or similar contracting event.

“Protestant” is an Interested Party who believes it is aggrieved in connection with the solicitation or award of a contract and who files a protest.

“RFP” Request for Proposal

Contents of Protests

Contents of protests, appeals and rebuttals must always include:

1. Name of Individual filing protest who has the authorization to sign contracts on behalf on the in-terested party.

2. Name of Firm represented by the Individual

3. Complete mailing address, telephone, email and facsimile # (if applicable)

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4. TACT’s procurement ID number for the specific IFB or RFP Number and Description

5. Detailed factual statements of the grounds for protest citing the specific law(s), rule(s), regulation(s) or procedure(s) on which the protest is based;

6. Statement as to the desired relief, action or ruling.

All protests must be made in writing, dated, signed by the Bidder or Proposer or an individual authorized to sign contracts on behalf of the protesting interested party within the time frames set forth herein.

The Protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission.

TACT may decide a protest solely upon the written submission, therefore, the submission should include all materials to support the Protestor’s position. Additional or supplemental materials may be requested by

TACT at their sole discretion.

Only those protests citing a violation of law, rule, regulation or procedure will be accepted.

In the case of applicable contracts using state or federal funds, protests may be provided to the agency having oversight of the project.

Protests Procedures

1. Pre-Bid or Pre-Proposal Protest

Pre-Bid or Pre-Proposal Protests are those based upon alleged restrictive specifications or alleged impro-prieties pertaining to laws), rule(s), regulation(s) or procedures(s) in the TACT’s BID or RFP process. All protests must be filed no later than 2:00 PM, five (5) days prior to bid opening or proposal due date, Kit-tanning, Pennsylvania prevailing time. If the Protest involves an amendment to the RFP or Bid, the protest must be issued five (5) days after the amendment is issued. The failure to raise a protest on the content of the RFP/IFB specifications prior to the opening of bids and/or proposals shall be a considered a waiver of claims later during construction or the performance of duties under a bid award or in a subsequent appeal.

Protests shall contain all of the elements described in “Contents of Protests” above, addressed and submitted to the named Procurement Officer in the Bid or RFP. No Pre-Bid/Proposal Protests will be accepted after this date and time.

The Procurement Office shall investigate the matter and respond in writing to each point raised by the interest party. Counting the day following the date of receipt of TACT, the Procurement Officer or if una-vailable, another individual designated by the Executive Director, will render a written decision and send it to the interested party within five days. This decision shall specify in writing any action to be taken by the TACT.

The date of receipt of the procurement officer’s response shall be assumed to be two days after USPS postmark unless other means are used to verify receipt.

Such appeal shall be received at the Mid-County Transit Authority d/b/a Town & Country Transit at 220

N. Grant Ave, Kittanning, PA 16201.

TACT may delay the receipt and/or opening of bids, at its sole discretion, while making a determination with regard to the Protest. I

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Request for Additional Information

During the Pre-Bid or Pre-Proposal period, the Procurement Officer or Executive Director may request additional information from the Protestant or others to assist in his/her investigation. Failure of the

Protestant to comply with a request for information as requested by TACT may result in a determination of the protest without considering the requested additional information, even if the Protestant subsequently produces the requested additional information.

2. Pre-Award Protest

A Pre-Award Protest is one in which the interested party alleges that a violation of law, rule, regulation or procedure occurred should prevent the award by TACT to the presumptive contractor after the opening of bids and/or proposals and may include the award of a contract.

TACT shall provide a written notice of intent to award a contract to all bidders or proposers. Such notice may be issued by letter via USPS, electronic transmission such as email or facsimile.

In the event that an interested party believes a law, rule, regulation or procedure has been violated or not followed and such violation, it may file a pre-award protest with the Procurement Officer. No new allega-tions which were addressed in a previous protest will be considered. Such a request shall include the citation of the law, rule, regulation or procedure and the reasons why the interest party believes a violation has occurred.

Any such protest must be filed according to the instructions provided in the letter of response by TACT to the protest, or if not delineated, by no later than 2:00 pm of the third day following a USPS postmark, or date of receipt via electronic transmission or facsimile.

Upon timely receipt of a protest, TACT will delay its intended award until after it has rendered a decision on all protests meeting established criteria, unless at its sole discretion, TACT determines that

• The items or work to be procured are urgently required; or

• Delivery or performance will be unduly delayed by failure to make the award promptly; or

• Failure to make prompt award will otherwise cause undue harm to TACT or a funding source.

If the protest is received before the award of the contract, TACT will advise the presumptive contractor of the pending protest.

Upon receipt of the protest, the Procurement Officer or Designee shall conduct an investigation. If the

Procurement Officer or Designee deems it appropriate, he/she may conduct an informal conference on the merits of the protest with all interested parties invited to attend. However, in its sole discretion the Pro-curement Officer or Designee may make the decision strictly based upon the protest and supporting mate-rials.

The Procurement Officer or Designee will respond in writing to each substantive issue raised in the protest within a reasonable time after the protest is filed. TACT’s response shall address only the issues raised originally by the party filing the protest. When, on its face a protest does not state a valid basis for protest

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Rebuttal

The Protestant may submit a written rebuttal of the Procurement Officer’s response to the Executive Direc-tor according to the instructions provided in the letter of response issued by the Procurement Officer to the protest issued, or if not delineated, by no later than 2:00 pm of the third day following a USPS postmark, or date of receipt via electronic transmission or facsimile. The date of receipt of the procurement officer’s response shall be assumed to be two days after USPS postmark unless other means are used to verify receipt.

TACT will not address new issues raised in the rebuttal. After receipt of the Protestant’s rebuttal, the Ex-ecutive Director will review the protest and notify the Protestant of his/her decision. The decision by the

Executive Director is considered Final.

Request for Additional Information

During a Pre-Award protest the Procurement Officer or Executive Director may request additional infor-mation from the Protestant or others to assist in his/her investigation. Failure of the Protestant to comply with a request for information as requested by TACT may result in a determination of the protest without considering the requested additional information, even if the Protestant subsequently produces the requested additional information.

3. Internal Appeals

If the Protestor disagrees with the Procurement Officer’s decision, they may file an appeal to the Executive

Director within five (5) working days after the decision is issued to the Protestor. The appeal shall be in writing, addressed to the Executive Director and state with specificity the basis for appeal. The Executive

Director may conduct any additional investigation as is deemed necessary or appropriate to reach a decision.

The Executive Director respond in writing specifying his/her agreement or disagreement with the findings of the Procurement Officer or Designee. Counting the day following the date of receipt of TACT, the Ex-ecutive Director, will endeavor to render a written decision and send it to the interested party within fifteen

(15) days. This time period may be extended if necessary to complete an investigation. The Executive

Director shall state what, if any action to be taken by TACT. If no action is to be taken, the Executive

Director will also indicate so in the response letter. The decision by the Executive Director is considered the final decision by TACT.

4. Appeal to Oversight Agency

In the event the protest is based all or in part on the allegation that TACT does not have or failed to follow its own written protest procedures, the Protestant may be notified of its right to seek review by the Bureau of Public Transportation of the Pennsylvania Department of Transportation of TACT’s decision. Instruc-tions will be provided in the correspondence transmitting the final decision by TACT, but if not delineated, by no later than 2:00 pm of the third day following a USPS postmark, or date of receipt via electronic transmission or facsimile. The date of receipt of the TACT response to the Rebuttal Request shall be as-sumed to be two days after USPS postmark unless other means are used to verify receipt.

This appeal level is available to those entities that have filed protests for projects that are funded only with

Federal Transit Administration and/or State Transportation Assistance administered by the PennDOT Bu-reau of Public Transportation.

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Any appeal to the oversight agency shall be limited to the following;

1. Whether TACT had in place protest procedures; or

2. Whether TACT failed to comply with its protest procedures; or

3. Whether TACT failed to review the protest when presented with an opportunity to respond based upon the procedures outlined in this Policy.

Any appeal to the oversight agency must be taken, in writing, within five (5) working days of when the protester received actual or constructive notice of the TACT’s final decision.

5. Record of Protest

Upon receipt of a protest the Procurement Department shall establish a separate file in which a complete record of the protest shall be maintained.

6. Miscellaneous

A. Intervention by third parties in a Protest or Appeal shall not be permitted; Provided however, nothing herein shall be construed as limiting or otherwise restricting the authority of TACT, the

Executive Director or Procurement Officer from soliciting, receiving and/or considering information from third parties regarding a particular Competitive Procurement Proceeding or any matters affected thereby.

B. The Executive Director and Procurement Officer shall have the authority to grant such relief, or to direct such actions be taken, as are necessary and appropriate to remedy any defect, sub-stantive or procedural, which may have occurred in a particular Competitive Procurement. Notwithstanding the foregoing, the Executive Director and/or Procurement Officer shall not have the power or authority to award a TACT contract. In the event that the Executive Director or Procurement Officer concludes the award of a contract is improper, the Executive Director or Procurement Officer shall so state in his or her decision and the matter shall be remanded to the appropriate party (i.e., contracting authority) for action not inconsistent with the findings of the Executive Director or Procurement Officer.

1.23 EXECUTION OF AGREEMENT

The Bidder to whom Town & Country Transit intends to enter into an agreement with shall sign the agreement and return it to Town & Country Transit. Upon authorization by Town & Country

Transit, or designee, the agreement will be countersigned.

1.24 PUBLIC DISCLOSURE OF PROPOSALS

Town & Country Transit is subject to the Pennsylvania Right to Know Law. Therefore, the contents of these documents and the Proposers proposal submitted in response to said documents shall be considered public documents and are subject to the Pennsylvania statutes. As such, all proposals submitted to Town & Country Transit will be available for inspection and copying by the public after the selection process has been concluded. There are, however, various items that may be exempt under public disclosure laws. If any proprietary, privileged, or confidential information or data is included in the Proposer’s proposal, each page that contains this

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“Competition Sensitive”) in order to indicate your claims to an exemption provided in the

Pennsylvania statute. After being reviewed by Town & Country Transit’s legal counsel, it is Town

& Country Transit’s sole right and responsibility, however, to make the determination whether these items are exempt or not exempt under the Pennsylvania statutes.

All data and documentation developed as a result of any agreement shall become the property of

Town & Country Transit.

1.25 CONFLICT OF INTEREST AND NON-COMPETITIVE PRACTICES

Conflict of Interest – Proposer, by submitting a proposal to Town & Country Transit, has thereby covenanted that it has no direct or indirect pecuniary or proprietary interest, and that it shall not acquire any interest, which conflicts in any manner or degree under this agreement and that it shall not employ any person or agent having any such interest. In the event that the Proposer or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to Town & Country Transit and take action immediately to eliminate the conflict or to withdraw from this agreement, as Town & Country Transit may require.

Contingent Fees and Gratuities – Proposer, by submitting a proposal to Town & Country Transit has thereby covenanted that no person or agency except bona fide employees or designated agents or representatives of Proposer has been or will be employed or retained to solicit or secure this with an agreement or understanding that a commission, percentage, brokerage or contingent fee would be paid; and no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by Proposer or any of its agents, employees or representatives, to any official, member or employee of TOWN & COUNTRY TRANSIT or other governmental agency with a view toward securing this award or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to this agreement.

1.26 TIME OF STARTING AND COMPLETING WORK AND LIQUIDATED DAMAGES

Timely performance and completion of the Work are of the essence in this Contract. The date of commencement of the Work shall be the date fixed in the Notice to Proceed (NTP) issued by the

Owner.

The Contract Time shall be measured from the date fixed as the NTP. The Contractor shall diligently prosecute the Work and achieve Substantial Completion of the Work no later than

Ninety (90) calendar days from the date fixed as the NTP unless modified by a duly executed

Change Order.

Since damages are difficult to determine, this contract shall be subject to the damages being liquidated as follows. The Owner shall assess Liquidated Damages against the responsible

Contractor for each day after the scheduled substantial completion date the Project is not completed as specified in the contract documents. These Damages shall be assessed because the

Contractor’s failure to perform its specified scope of work will result in added costs to the Owner.

The Contractor shall not be liable if performance failures arise out of causes beyond its control and without the fault or negligence of the Contractor.

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Liquidated Damages for this project will be assessed in the amount of $500 per calendar day.

1.27 INSURANCE COVERAGE

The CONTRACTOR shall provide the following types of coverage in an amount equal to or greater than the minimum limits as set forth in Certificate of Insurance. The completed operations insurance(s) shall be maintained by CONTRACTOR for a period of one (1) year after final payment, and CONTRACTOR shall furnish Town & Country Transit with evidence of continuation of such insurance(s) upon final payment.

CONTRACTOR shall include TOWN & COUNTRY TRANSIT as additional insured under

Contractor’s general liability policy.

CONTRACTOR shall purchase and maintain until final payment property insurance upon the

Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the General Provisions and Bid Documents or required by Laws and Regulations).

This insurance shall include the interests of Town & Country Transit, Architect, Engineer, Construction Manager, Commonwealth of Pennsylvania Department of Transportation, and

Federal Transportation Administration (all of whom shall be listed as insured or additional insured parties), shall insure against the perils of fire and extended coverage, shall include “all risk” insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the General Provisions and Bid Documents, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the “all risk” insurance or otherwise provided for in these General Provisions and Bid Documents, GENERAL CONSTRUCTION CONTRACTOR shall purchase and maintain similar property insurance or portions of the Work stored on or off the site or in transit when such portions of the Work are to be included in an Application for Payment.

Within seven (7) calendar days of the Successful Bidders receipt of a Notice of Award from

TOWN & COUNTRY TRANSIT, the Successful Bidder will deliver to TOWN & COUNTRY

TRANSIT the Certificates of Insurance evidencing the types and amounts of insurance required along with any other documents required by the Contract Documents to be delivered by the

Successful Bidders to TOWN & COUNTRY TRANSIT prior to execution of the Contract.

1. Adequate Insurance

a. Insurance limits must be at least:

1) Workers’ Compensation including USL&H where applicable

2) Employer’s Liability $1,000,000

3) General Liability $5,000,000

4) Automobile Liability $2,000,000

5) Umbrella or Excess Liability $3,000,000

6) Contractor Pollution Liability $1,000,000

b. Coverage must be included in above for:

1) Explosion, collapse, underground damage, or hazards where applicable

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2) Contractual liability including defense

3) Owner’s and contractors protective

4) Goods and supplies in transport

5) Automobile liability applies to all vehicles (Code 1)

2. Aggregate Limits

Aggregate limits, if any, must apply exclusively to this contract.

3. Cancellation/Material Change Notice

Thirty (30) calendar day notice of cancellation or material change. Notice must be provided, failure to notify shall be a material default.

4. Additional Insureds

Town & Country Transit, its officials, and employees to be added as Additional Insureds in respect to operations by the contractor and contractor’s agents. The following shall also be added as additional insured:

a. Commonwealth of Pennsylvania and its agencies, instrumentalities, officials, employees, and agents

b. Federal Transportation Administration and its agencies, instrumentalities, officials, employees, and agents

c. Johnson, Mirmiran & Thompson, Inc. (JMT), all of its affiliates, and subsidiaries

d. Town & Country Transit

5. Cross Liability

Cross Liability not restricted.

6. Acceptable Insurance Company

Insurance company must be approved in Pennsylvania and have Best’s rating of A- or higher and Class VI or higher.

7. Policy Form

Coverage provided on an “occurrence” basis except Pollution and Errors & Omissions coverage. If Pollution or Errors & Omissions coverage is required, such coverage may be provided on a “claims made” basis subject to the requirement that insurance will be provided for at least three years after end of contract.

8. Policy Terms and Conditions

Policy terms, conditions, exclusions, restrictions, etc. must be acceptable to TOWN &

COUNTRY TRANSIT. A copy of the Policy must be provided for TOWN & COUNTRY

TRANSIT approval.

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1.28 DELIVERY, INSTALLATION AND ACCEPTANCE

Notwithstanding any delay in the preparation and execution of the formal Contract Agreement, the Contractor shall be prepared, upon written notice, to commence work within ten (10) business days following receipt of official written order from the Owner to proceed, or on date stipulated in such order. If the delivery, installation, and construction is delayed because of strike, injunctions, governmental controls, or by reason of any cause or circumstances beyond the control of the manufacturer, supplier, or contractor, the time of completion of delivery, installation and construction shall be extended upon written request for a time extension from the bidder. The request for extension must include detailed justification for the length of the time extension.

The Owner will not offer any financial incentive with regards to work completed early.

If the system is delivered, installed, or constructed in an unacceptable condition it will not be accepted. Acceptance levels shall be determined by, but not limited to, the general appearance of the system, as well as the completeness and quality of workmanship of all the components. If the system is delivered incomplete, incorrect or contains any defective or damaged parts, the bidder shall, at their expense, furnish and replace such parts as acceptable to the purchaser. Any delivered and installed construction system not conforming to this IFB will be rejected by the purchaser.

1.29 WAGE RATES

This project is subject to Federal Davis-Bacon Prevailing Wage Rates, as shown at the end of this section.

1.30 CLEANING

Contractor shall be responsible for the daily cleanup of all waste materials, debris and rubbish from his work and the work of any subcontractor.

Contractor shall provide a dumpster and covered containers for deposit of debris and rubbish, and materials to be recycled, including periodic disposal of accumulations or extraneous materials at legal disposal areas away from the site.

1.31 SAFETY

It is recognized that the safety of all personnel is the responsibility of all participants involved directly in this project. The Contractor shall adhere to all requirements of the Occupational Health and Safety Act (OSHA), as well as Local and State safety rules and regulations even though the owner is not subject to OSHA regulations. Contractor shall assure the safety of his personnel by providing all protection and safety devices, covers, etc. as they relate to the safe conduct of his work in accordance with all Local, State and Federal regulations.

Contractor will maintain a “competent person” on site at all times designated to make safety inspections and to serve as the designated representative in charge of safety during the inspection by OSHA employees. At all times Town & Country Transit shall have the name and contact information for the designated representative in charge of safety.

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Contractor shall notify Town & Country Transit of any personal injury that could require medical treatment of any employee or subcontractors’ employee at the project site within 24 hours of the incident. Also, any damage to property arising in connection with the Contractor’s performance must be told to Town & Country Transit as promptly as possible after the occurrence of such injury or damage but at the maximum 24 hours.

All persons are prohibited from carrying, possessing or storing a handgun, firearm, or weapon of any kind while on Town & Country Transit premises regardless of whether the person has registered the weapon or is licensed to carry a concealed weapon.

1.31 PERMITS

Contractor is responsible for all permits including fees, inspections, utility relocation/installation, materials, delivery, equipment, installation, disposal, and construction costs which shall be included in the proposal.

1.32 MAINTENANCE BOND

The Contractor shall furnish to the Transit Agency, at the time so indicated, the following

Maintenance Bond(s). Each Maintenance Bond shall continue in full force and effect for the period specified, however, this shall not limit the Contractor’s responsibilities for costs greater than the amount recovered by each Maintenance Bond.

Contractor shall furnish to the Transit Agency a Maintenance Bond in the amount of ten (10) percent of the Contract Sum. The Maintenance Bond shall continue in full force and effect, beginning at a date of the Transit Agency’s Certificate of Acceptance of Final Inspection, and continuing for a period of twelve (12) months after the date of the Transit Agency’s issuance of

Certificate of Acceptance of Final Inspection.

1.33 ORDER OF PRECENDENCE

In the event of a conflict within the bid documents, the following order of precedence be followed in decreasing order:

1. Addendums issued during bidding.

2. Specifications.

3. Drawings.