6-WCTA Fuel System Installation - Div 00.pdf

Washington County Transportation Authority | WCTA ADVERTISEMENT FOR BID

Freedom Transit

Fuel System Installation WCTA Operations Facility

WCTA Bus Facility (LS 23-46B & LS 25-63)

001113 - 1

Advertisement

Notice is hereby given, Washington County Transportation Authority dba Freedom Transit located in

Washington, PA, is soliciting bids for the construction of a Fuel System at the new WCTA Operations

Facility located at 375 Berry Road, Washington, PA 15301.

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 WCTA PA 2026-1.1GC – General Construction

The deadline for bid submissions is 2:00PM (EST) on September 25, 2026. All bids will be submitted electronically (https://pennbid.bonfirehub.com). A NON-MANDATORY PRE-BID meeting will be held at the project site in JMT’s construction office on September 08, 2026, at 2:00PM (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 Tom Bergbauer at tbergbauer@jmt.com.

Freedom Transit encourages the use of Disadvantaged Business Enterprise (DBE) in all contracts. Any certified DBE’S proposed by the contractor must be fully utilized with adequate documentation provided by the selected contractor to satisfy federal and PennDOT requirements. Federal Prevailing Wage Rates are required for this project.

Freedom Transit reserves the right to reject any or all bids.

Notice is hereby given that Freedom Transit receive bids electronically, ONLY. Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) by the date and time indicated in the

Invitation for Bids along with the Bid security and the other documents required to be submitted as identi-fied herein for bidding the Fuel System Installation WCTA Operations Facility as described within the

Contract Documents. The bid package must be received no later than 2:00PM EST on September 25, 2026. Any bids received after that time will be considered non-responsive.

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.

Freedom Transit will not be liable for any costs incurred in the preparation of the bids or for attendance at the pre-bid conference.

All bids and contracts are subject to a financial assistance contract between Freedom Transit, Federal

Transit Administration, Redevelopment Authority of the County of Washington, and the Pennsylvania De-partment 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

Washington County Transportation Authority | WCTA ADVERTISEMENT FOR BID

Freedom Transit

Fuel System Installation WCTA Operations Facility

WCTA Bus Facility (LS 23-46B & LS 25-63)

001113 - 2 contractors or are federally disbarred. The successful bidder will be required to comply with all applicable

EEO laws and regulations. Freedom Transit solicits and encourages Disadvantaged Business Enterprise

(DBE) participation. The successful bidder will be required to comply with all applicable EEO laws and regulations. The DBE procedures contained in this bid package shall be followed if a prime contractor seeks the services of a PA UCP certified DBE.

Freedom Transit provides equal opportunity in employment, service, and contractual agreements.

This project will require Federal Davis-Bacon prevailing wage rates.

The bidder agrees that bids will be valid for at least a ninety (90) day period from the date the bids are opened. Freedom Transit reserves the right to reject any or all bids and to waive any or all irregularities, 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 September 18, 2026.

Washington County Transportation Authority | WCTA

BIDDING AND CONTRACT REQUIREMENTS

Freedom Transit Fuel System Installation WCTA Operations Facility WCTA Bus Facility (LS 23-46B & LS 25-63)

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SECTION 002113 – BIDDING AND CONTRACT REQUIREMENTS

1.1 INTRODUCTION

A. Washington County Transportation Agency dba Freedom Transit is soliciting bids from qualified contractors for the installation of a new Fuel System at the new WCTA Operations Facility located at 375 Berry Road, South Strabane Township, Washington, PA 15301.

1.2 DEFINITIONS

A. The term “Freedom Transit” “Authority, “purchaser”, “Owner” or “Procuring Agency” where it appears in the contract documents means Washington County Transportation Authority, 50 E.

Chestnut Street, Washington, PA 15301. 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. Freedom 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 such tax if applicable. Contractors are hereby

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Project Manual 002113 - 2 informed that Freedom Transit is obligated by law to furnish to government entities, upon their request, the name and address of any person or firm with whom Freedom Transit has a contract for goods and/or services.

1.5 BID SUBMISSION

A. 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.

1.6 POSTPONEMENT OR CANCELLATION OF BID

A. Freedom 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. Freedom Transit will conduct a non-mandatory pre-bid meeting on September 08, 2026, in person at 2:00 p.m. at 375 Berry Road, South Strabane Township, Washington, PA 15301 at the JMT Job Trailer. A pre-bid walk will take place directly following the meeting. 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 Tom Bergauer at tbergbauer@jmt.com.

B. ADDENDA

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

C. PROCUREMENT AND CONSTRUCTION SCHEDULE

The following are key dates for this bid. FREEDOM 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

August 28, 2026 Project Bid Documents Released/Advertised

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September 08, 2026 Pre-bid Meeting (Optional) 2:00 pm at project site

September 08, 2026 Site Walk available to perspective bidders 3:00 pm at project site

September 18, 2026 Written questions from proposers due by 12:00 noon prevailing time

September 23, 2026 Written responses / final addendum to questions issued by Freedom Transit

September 25, 2026 Bids Due in pennbid.bonfire.com, 2:00 pm prevailing time;

October 09, 2026 Construction Contract Notice of Award

November 23, 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 Freedom Transit before the award of the Contract will not be binding upon Freedom Transit.

1.10 EXAMINATION OF CONTRACT DOCUMENTS

Bids should be reviewed for accuracy before submission to Freedom Transit. Freedom Transit will not be responsible for errors in any proposal. Freedom 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 Freedom Transit may rely that the Proposer has thoroughly examined and is familiar with the solicitation and has

Freedom Transit Fuel System Installation WCTA Operations Facility WCTA Bus Facility (LS 23-46B & LS 25-63)

Project Manual 002113 - 4 reviewed and inspected all applicable statutes, regulations, ordinances, and resolutions 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

Freedom 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

Freedom 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.

Freedom 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 do not include providing proper documentation to ensure a responsive bid as outlined in the contract documents.

A bidder may request to withdraw a bid due to an honest clerical or arithmetical mistake—such as a math or transposition error—by providing written notice and credible evidence to the contracting officer typically within three business days of the bid opening.

Judgment Mistakes: Poorly predicting site conditions, miscalculating production rates, or forgetting an item due to a lapse in estimating oversight shall not be considered an administrative error or form the basis of bid withdrawal.

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.

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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 Washington County, Pennsylvania, and each party to this Agreement hereby consents to the jurisdiction and venue of the Court of Washington Court of Common Pleas Washington PA.

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 Freedom Transit determines that collusion has occurred among Proposers, none of the proposals from the participants in such collusion shall be considered. Freedom 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.

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1.19 CONSTRUCTION REPORTS

The Contractor agrees to provide progress reports and such other information to Freedom Transit as the FTA or the Commonwealth of Pennsylvania may require Freedom Transit to provide.

1.20 PRICING

Pricing information shall be provided through PennBid.

1.21 REJECTION OF BIDS

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

1.22 PROTEST PROCEDURES

A. Any actual or prospective bidder, proposer, offeror or contractor who is aggrieved in connection with the solicitation or award of a contract may file a protest with the WCTA Executive Direc-tor. The WCTA Executive Director will inform FTA immediately of a protest received by WCTA that involves a procurement funded by FTA.

The procedures for submitting protests are as follows:

If a bidder/proposer perceives that a segment of the specifications is either too restrictive for competition or if the bidder/proposer perceives any improprieties in the solicitation or specifi-cations, a written protest must be filed with the WCTA Executive Director at least five (5) business days prior to bid opening or the due date for proposals. Any protests concerning the award of a contract after the bid opening, or after a public announcement by WCTA of a con-tractor selection decision, or after an evaluation of proposals submitted under an RFP, must be made within five (5) days after the bid opening, or public announcement in the case of an RFP, in order to permit WCTA the opportunity to resolve the issue prior to contract award.

A bidder or proposer filing a protest with WCTA must submit the protest in writing, via certi-fied United States mail with a return receipt request, to Washington County Transportation Au-thority (WCTA) c/o Executive Director, 50 E. Chestnut St., Washington, PA 15301. The pro-test must include:

a. The name and address of the bidder;

b. Project number and the number of the solicitation;

c. A detailed and factual statement of the grounds for protest and any supporting documentation. The documentation submitted to WCTA must be fully sup-ported to the extent possible;

d. The desired relief, action or ruling from WCTA.

A Protest Review Board consisting of the WCTA’s Executive Director, Board Chairman, and

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Legal Counsel will consider all protests. A conference with the Protest Review Board on the merits of the protest may be held if the Protest Review Board deems such a conference to be nec-essary. Interested Parties may request and, at the discretion of the Protest Review Board, may be invited to attend the conference.

The Protest Review Board shall make a decision regarding the protest and send notice of that decision to the Protesting Bidder within ten (10) working days following receipt of the protest by Procuring Agency. The notice of the decision shall outline the factors upon which the deci-sion is based.

Within five (5) working days following receipt of the Protest Review Board’s decision, the Pro-testing Bidder may appeal the Protest Review Board’s decision to the Washington County Trans-portation Authority Board of Directors. The Board of Directors shall make a decision regarding the protest and send notice of that decision to the Protesting Bidder within ten (10) working days following receipt of the protest by Procuring Agency. The decision of the Board of Directors shall be final. The Procuring Agency will consider no further appeals.

Following an adverse decision by the Board of Directors, the bidder or proposer may file a pro-test with FTA Regional Office III for resolution.

FTA Review of Protest - A protester must exhaust all administrative remedies with WCTA be-fore pursuing a protest with FTA. Review of a protest by FTA will be limited to:

a. WCTA failure to have or follow its protest procedures, or its failure to review a complaint or protest; or

b. Violations of Federal law or regulation.

Following any adverse decision by the Board of Directors, the bidder may file a protest if there has been a violation in connection with 1 and 2 above. An appeal to FTA must be received by the U.S. Department of Transportation, Federal Transit Administration (“FTA”), Region III, 1760 Market Street, Suite 500, Philadelphia, PA 19103, within five (5) working days of the date the protester learned or should have learned of an adverse decision by the Board of Direc-tors or other basis of appeal to FTA.

Contents of Protest to FTA – A bidder filing a protest with FTA must submit the protest in writing, via certified United States mail with a return receipt request, to the U. S. Department of Transportation, Federal Transit Administration (“FTA”), Region III, 1760 Market Street, Suite 500, Philadelphia, PA 19103. The protest must include:

a. The name and address of the bidder;

b. Identification of the grantee (WCTA), project number and the number of the so-licitation;

c. A detailed and factual statement of the grounds for protest and any supporting documentation. The documentation submitted to FTA must be fully supported to the extent possible;

d. A copy of the protest filed with WCTA, and a copy of the WCTA decision, if any; and

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e. The desired relief, action or ruling from FTA.

FTA will not consider any data that was not submitted to WCTA. If new data becomes avail-able after the exhaustion of administrative remedies with WCTA, that data should be submit-ted to WCTA with a request for reconsideration. If the request is denied or if the protestor’s administrative remedies with WCTA are again exhausted, the protestor may then submit the new data to FTA.

No formal briefs or other technical forms of pleading or motion are required, but a protest and other submission should be concise, logically arranged, and clear.

Bid protests must be filed with FTA no later than five (5) days after the exhaustion of admin-istrative remedies with the WCTA is known or should have been known, whichever is ear-lier.

If a bidder knows a basis for protest prior to bid opening and does not file protest, such pro-test shall be waived

1.23 EXECUTION OF AGREEMENT

The Bidder to whom Freedom Transit intends to enter into an agreement with shall sign the agreement and return it to Freedom Transit. Upon authorization by Washington County Transportation Authority | Freedom Transit, or designee, the agreement will be countersigned.

1.24 PUBLIC DISCLOSURE OF PROPOSALS

Freedom 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 Freedom 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 information or data should be marked as such (e.g., “Proprietary,” “Business Secret,” or “Competition Sensitive”) in order to indicate your claims to an exemption provided in the Pennsylvania statute. After being reviewed by Freedom Transit’s legal counsel, it is Freedom 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 Freedom Transit.

1.25 CONFLICT OF INTEREST AND NON-COMPETITIVE PRACTICES

Conflict of Interest – Proposer, by submitting a proposal to Freedom Transit, has thereby covenanted that it has no direct or indirect pecuniary or proprietary interest, and that it shall not

Freedom Transit Fuel System Installation WCTA Operations Facility WCTA Bus Facility (LS 23-46B & LS 25-63)

Project Manual 002113 - 9 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 Freedom Transit and take action immediately to eliminate the conflict or to withdraw from this agreement, as Freedom Transit may require.

Contingent Fees and Gratuities – Proposer, by submitting a proposal to Freedom 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 FREEDOM 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 Three Hundred Sixty Six (366) 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.

Liquidated Damages for this project will be assessed in the amount of $1,500 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 Freedom Transit with evidence of continuation of such insurance(s) upon final payment.

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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 Freedom Transit, The Redevelopment Authority of the County of Washington, 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 FREEDOM TRANSIT, the Successful Bidder will deliver to FREEDOM 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 FREEDOM 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

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

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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

Freedom 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. KCI Technologies, Inc., all of its affiliates, and subsidiaries

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

e. Washington County Transportation Authority dba Freedom Transit

f. The Redevelopment Authority of the County of Washington

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 FREEDOM TRANSIT. A copy of the Policy must be provided for FREEDOM TRANSIT approval.

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

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Project Manual 002113 - 12 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 Freedom Transit shall have the name and contact information for the designated representative in charge of safety.

Contractor shall notify Freedom 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 Freedom Transit as promptly as possible after the occurrence of such injury or damage but at the maximum 24 hours.

Freedom Transit Fuel System Installation WCTA Operations Facility WCTA Bus Facility (LS 23-46B & LS 25-63)

Project Manual 002113 - 13

All persons are prohibited from carrying, possessing or storing a handgun, firearm, or weapon of any kind while on Freedom 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. RFI during construction.

2. Addendums issued during bidding.

3. Specifications.

4. Drawings.

002113 - Bidding and Contract Requirements Fuel System