REQUEST FOR QUALIFICATION

RFQ 2026-7

CONSTRUCTION MANAGEMENT/ OWNERS REPRESENTATIVE

Western Reserve Transit Authority

604 Mahoning Ave

Youngstown, OH 44502

RELEASE DATE: September 28, 2026

DEADLINE FOR QUESTIONS: October 14, 2026

RESPONSE DEADLINE: October 30, 2026, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/wrtaonline

Western Reserve Transit Authority

REQUEST FOR QUALIFICATION

Construction Management/ Owners Representative

1. Project Legal Notice

2. General Information

3. Proposal Requirements

4. General Instructions To Proposer

5. Scope Of Work

6. Required Information

7. Federal Transit Administration Required Provisions

8. Evaluation Phases

Request For Qualification #RFQ 2026-7 Title: Construction Management/ Owners Representative

1. Project Legal Notice

1.1. LEGAL NOTICE

Notice is hereby given that Western Reserve Transit Authority (WRTA) is solicitating a Request For

Qualifications for an Owners Representative

Detailed specifications can be found at https://procurement.opengov.com/portal/wrtaonline or www.wrtaonline.com/about/procurement-and-surplus/. The WRTA Procurement Process is a fully automated, web-based electronic bidding and vendor management system powered by OpenGov.

Proposals must be submitted using WRTA’s OpenGov portal in accordance with requirements set forth within the bid documents. Submissions due on or before10 AM October 30, 2026. There will be a public bid opening conducted at WRTA boardroom on, October 30, 2026 at 10 AM. Results will be posted on the OpenGov procurement portal following the bid opening. All vendors suppling a bid proposal will receive an email with the opening results.

In connection with the carrying out of this project, the Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, national origin, or handicap. It is the policy of WRTA to ensure that Disadvantaged Business Enterprises, as identified in 49

CFR Part 26, have an equal opportunity to receive and participate in Department of Transportation

(DOT)-assisted contracts. Western Reserve Transit Authority reserves the right to reject any and/or all proposals, to re advertise for proposals and to waive any informality in any proposal and to determine the most responsive proposal by its own criteria, as described within the specification.

http://www.wrtaonline.com/about/procurement-and-surplus/

2. General Information

2.1. Overview of Western Reserve Transit Authority

Western Reserve Transit Authority (WRTA) has been Youngstown's public transit system since 1972 providing daily service Monday–Saturday and has expanded to offering service to all of Mahoning

County in 2008 with additional service of 2 fixed routes to Warren, Oh. The bulk of WRTA’s service consists of twenty-four (24) fixed routes, most of which originate from the Federal Station Transit

Center, located in downtown Youngstown. WRTA also operates four (4) suburban loop routes in

Mahoning County. WRTA also provides extensive curb-to-curb demand response services to the elderly and disabled throughout the county. WRTA has a fleet of 94 transit buses of various sizes .WRTA currently operates 56 vehicles that service over 24 fixed routes in Mahoning County and parts of

Trumbull County. WRTA also has 38 vehicles providing paratransit, and countywide door to door service in Mahoning County.

2.2. Purpose

Western Reserve Transit Authority seeks to establish a contract in accordance with the specifications, terms and conditions set forth within this Request for Qualifications (RFQ)

3. Proposal Requirements

3.1. Technical Proposal

For bidder(s) to be considered responsive to the procurement they must provide the following items:

1.Contact information to include the firm participating in the proposal to state clearly the contractual relationship between them and provide the name, address and telephone number of the person that will represent the Proposer in negotiating with WRTA. The function of the proposed subconsultant must be clearly stated in order to be considered for the project.

2.Firm Qualifications/ References;

In these sections, WRTA seeks information regarding the company’s capabilities and experience. All of these requirements must be met; therefore, they are not listed in any particular order of importance. The contents of these sections should include at a minimum:

A brief history of the firm’s experience in dealing with General contractors, sub contractors, labor cost, contracts, correspondences, and Buy America Requirements/ Reporting.

A. Provide a statement listing the name, address, and telephone number of responsible customers’ representatives for three (3) present clients comparable in type and quantity to this solicitation.

B. Insurance: Firm must be able to provide Certificate of Insurance for both liability, errors and omissions in the aggregate of $1,000,000.00.

3.2. Questions

Potential Proposers are invited to submit questions related to this proposal through the OpenGov portal before 10:00 am on Wednesday, October 14, 2026. Questions pertaining to this RFQ the Scope of

Services, or the proposal.

3.3. Proposal Evaluation and Award Procedure

WRTA staff will evaluate all responses that fulfill the requirements of the RFQ. WRTA reserves the right to award to a Proposing firm other than that of the lowest Price Proposal. This RFQ may result in awards being made to none, one or multiple Proposing firms.

A. An evaluation committee established by WRTA will assess the proposals received by WRTA.

B. Each committee member is instructed to keep the contents of proposals and committee proceedings confidential.

C. Upon receipt of proposals, the copies are distributed to committee members, together with scoring sheets, which include the evaluation criteria, and the weight assigned to each.

D. Following review of the proposals, each committee member completes the scoring sheets.

E. The committee then meets and reviews initial scoring with an opportunity for members to revise their original assessments. After discussion among committee members, those proposals, which are considered to be in the competitive range, are identified for further evaluation. The committee may elect to award a Bidder without further discussion or may determine that no proposal meets the needs of WRTA.

F. If the committee decides, the Proposers identified for further consideration may be interviewed by the committee.

G. Should the committee recommend a proposer for award, the contract will be presented to the

Board of Trustees for their approval. The Board of Trustees can either award or reject the contract, based upon the price and terms negotiated. If the Board of Trustees rejects the recommendation, all proposals will be rejected, and a new RFQ process will be initiated.

H. During the evaluation process, negotiation, and selection process committee members may not disclose information from one proposer to another proposer. Except for the identity and background of the successful proposer and the contract price, all information provided by proposer remains confidential after the conclusion of the procurement process, to the extent possible by law.

I. Award will be made to the proposer (s) whose final offer is the most advantageous to WRTA, after evaluation in accordance with the criteria set forth below. In any event, WRTA reserves the right to accept anything other than the lowest cost proposal, reject any and all proposals, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of WRTA.

3.4. Instructions for Proposal Preparation

A. Response to this RFQ shall be made in strict conformance with the following requirements.

Failure to conform therewith may be cause for rejecting the proposal submitted. WRTA reserves the right to waive minor discrepancies at its sole discretion. WRTA also reserves the right to reject all proposals, or to award to a contract without discussion with the propsers.

B. In the RFQ, WRTA seeks solid information about the Bidder’s capacity to provide the service

(among other things) that WRTA requires. Lengthy discussions are not desired, nor are bulky displays of irrelevant information.

C. Transmittal letter to identify the firms participating in the proposal, state clearly the contractual relationship between them and provide the name, address, email, and telephone number of the person that will represent the proposer in negotiating with WRTA. The function of any proposed subconsultant must be clearly stated in order to be considered for the project.

3.5. Proposal Evaluation and Award Procedure

The Evaluation Committee will evaluate all written responses that fulfill the requirements of the RFQ.

This is a competitive procurement reflective of the evaluation for each proposal. Evaluation of Proposals will be based on the criteria shown in Evaluation Phase of this proposal. WRTA reserves the right to the possibility of awarding more than one vendor for this contract.

3.6. Additional Considerations

1. Changes in Scope-of-Work: without invalidating the Contract, WRTA may order additions to or deletions from the work to be performed.

2. Pre-contractual Expenses: WRTA will not be liable for any pre-contractual expenses incurred by any Proposer, or selected Proposer. Pre-contractual expenses are defined as expenses incurred by Proposers and selected Proposer in:

1. Preparing Proposal in response to this RFQ

2. Submitting Proposal to WRTA

3. Negotiating with WRTA on any matter related to Proposal

4. Incurring other expenses by Proposer or selected Proposer prior to date of award of any

Agreement. The proposer will not include any such expenses as part of the price proposed in response to this RFQ. WRTA will be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by or on behalf of any person or organization responding to this RFQ.

3. Verbal Agreement or Conversation: no prior, current, or post award verbal agreement(s) with any officer, agent, or employee of WRTA will affect or modify any terms or obligations of this

RFQ or any Contract resulting from this procurement.

4. General Instructions To Proposer

4.1. Definitions

The term "WRTA", "Authority", “Recipient,” or "Purchaser", where it appears in the contract documents means the Western Reserve Transit Authority, 604 Mahoning Avenue, Youngstown, Ohio 44502.

The term "FTA" refers to the Federal Transit Administration.

4.2. Request for Approved Equals

Proposers should note that all brand names in the Technical Specifications are meant for informational purposes only and an approved equal is always an acceptable substitute for any brand name mentioned.

Proposers may submit to WRTA requests for approved equals provided that such requests for approved equals are:

A. Submitted as a question on the Opengov portal. All requests must be received by WRTA no later than the solicitation question deadline; and

B. Provide evidence such as technical data, test results, or other pertinent information that demonstrates that the substitute offered is equal to or better than the specification requirement. A link may be pasted in the question submittal area to assist with defining specific product information.

C. Additional information may be requested as needed.

4.3. Questions

All questions pertaining to this RFQ must be submitted using the Question & Answer tab on the

OpenGov portal prior to the solicitation question submittal deadline. Any questions submitted to WRTA email address will not be answered or considered part of this RFQ.

4.4. Proposer's Responsibility

Each proposer shall familiarize themselves with all solicitation documents, including attached documents and forms, the proposer will be held responsible to comply fully therewith.

4.5. Opening of Proposal

Proposals will be opened as specified in the solicitation timeline or as issued by addenda.

4.6. Withdrawal of Proposals

Proposals may be withdrawn by the submitting vendor on the OpenGov Portal prior to the proposal submission deadline. Negligence on the part of the proposer in preparing the proposal confers no right for the withdrawal of the proposal after it has been opened. No proposal may be withdrawn or amended after proposals have been publicly opened for a period of ninety (90) days thereafter.

4.7. Rejections of Proposals

WRTA reserves the rights to reject any and all proposals when such rejection is in their opinion, in

WRTA's best interest. WRTA also reserves the right to waive any informalities in any proposal.

4.8. Protests

It is the policy of WRTA to prepare specifications for invitation to bid or for requests for proposals that are not discriminatory in nature. All solicitations are to be open and free to all competing vendors whereby all have a reasonable chance to be successful and be awarded a contract.

If a vendor feels that a particular solicitation is unfair for whatever reasons, the following procedure must be followed to register a proper protest and said procedure shall be part of all solicitations:

Pre-Proposal Protest

A pre-bid or solicitation phase protest is received prior to the bid opening or proposal due date. It is the policy of WRTA to prepare specifications for invitation to bid or for requests for proposals that are not discriminatory in nature. All solicitations are to be open and free to all competing vendors whereby all have a reasonable chance to be successful and be awarded a contract. If a Bidder that has submitted a proposal feels that a particular solicitation is unfair, the following procedure must be followed to register a proper protest and said procedure shall be part of all solicitations:

Pre-Propsal Protest

STEP 1. Protest must be made in writing and addressed to the Secretary Treasurer of WRTAs

Board of Trustees no later than five (5) business days before the scheduled bid or RFP due date.

Such protest must cite what the solicitation was for, and for what reason the protest is lodged.

STEP 2. The Secretary Treasurer shall make all reasonable attempts to resolve the protest prior to the award of a contract and may reschedule the bid opening date solely at their discretion if deemed necessary. The Secretary Treasurer must make their decision no later than three (3) working days from date the protest is lodged .

Continue to Step 3 under Post-Bid procedures below:

Post-Proposal Protest

A post-award protest is a protest received after award of a contract.

Post-Proposal Protest

STEP 1. Protest must be made in writing and addressed to the Secretary Treasurer no later than five (5) business days after the scheduled bid due date. Such protest must cite what the solicitation was for, and for what reason the protest is lodged.

STEP 2. The Secretary Treasurer shall make all reasonable attempts to resolve the protest prior to the award of a contract. The Secretary Treasurer must make their decision no later than five (5) business days from date the protest is lodged.

STEP 3. If the protest is not satisfactorily resolved at Step 2, the person or firm making the protest may request a hearing with his legal counsel and WRTA .With WRTA's legal counsel serving as arbitrator on the matter. Request for such a hearing must be made within ten (10) business days of the original date the protest was filed.

STEP 4. If the protest is not satisfactorily resolved at Step 3, the person or firm making the protest may appeal, within thirty (30) working days of the original protest date, the matter to the Board of Trustees of the Transit Authority, who shall assign the matter to the appropriate standing committee of the Board who shall hold a hearing within fifteen (15) business days on the matter and make recommendation to the full Board to be considered at its next regularly scheduled meeting. The decision of the Board shall be final and binding on all parties. Appeal from the decision of the Board or any request by an adversely affected party may be submitted in writing to the Federal Transportation Administration (FTA). FTA's recourse shall only consider protest appeals where the local protest procedure does not exist or where the local procedure was not followed.

The decision of the Board shall be final and binding on all parties. Appeal from the decision of the Board or any request by an adversely affected party may submit in writing to the Federal Transportation

Administration (FTA).FTA's recourse shall only consider protest appeals where the local protest procedure does not exist or where the local procedure was not followed.

4.9. Award of Contract

The basis for the award shall be determined by the evaluation procedure as set forth. The contract will be awarded within ninety (90) days to the successful proposer(s) after WRTA has determined the proposal (s) to be in its best interest. WRTA reserves the right to reject any and all proposals when such rejection is in their opinion, in WRTA's best interest. WRTA also reserves the right to waive any informalities in any proposal.

Each proposer shall be prepared, if so, requested by WRTA, to present evidence of his experience, qualifications, and financial ability to carry out the terms of the contract.

The proposer agrees that their proposal will be valid for at least a ninety (90) day period from the date the proposals are opened.

4.10. Specifications

The specifications are to be interpreted according to their full intent, meaning and spirit, and shall be deemed to explain mutually to each other and to be descriptive of the equipment and/or services to be supplied under this contract.

Should any error appear in the specifications, the same is to be referred to WRTA for correction before the proposal are submitted or the work proceeded with. The manufacturer or contractor shall make no alterations or corrections without consulting WRTA beforehand.

4.11. Single Proposal Response

If only one proposal is received in response to the request for qualifications , a detailed cost proposal may be requested of the single bidder/contractor. A cost or price analysis and evaluation and/or audit will be performed of the cost proposal in order to determine whether or not the price quoted is fair and reasonable. If the price quote submitted is not deemed to be fair and reasonable, WRTA, at its discretion may reject and re-solicit.

4.12. Taxes

The Western Reserve Transit Authority is exempt by law from all taxes and charges. No taxes will be included in the proposal. WRTA will supply the necessary tax-exempt form.

4.13. Disadvantage Business Enterprise Requirements

It is the policy of WRTA to ensure that Disadvantaged Business Enterprises, as identified in 49 CFR Part

26, have an equal opportunity to receive and participate in Department of Transportation (DOT)-assisted contracts.

5. Scope Of Work

5.1. Project Outline

Western Reserve Transit Authority (WRTA) will undertake several projects over approximately five years which require Owner’s Representative (OR) services. Subject to available funding, these projects may include, but may not be limited to: Administrative and Maintenance building expansion and renovation, warehouse facility improvements, site/grounds improvements and demolition/construction of a new transit center in downtown Youngstown, OH. The selected OR will provide a variety of services necessary and required for the inspection, management, coordination, and administration of the project, from commencement through substantial completion, final acceptance, and project close-out.

The selected OR shall not be permitted to bid on or perform any of the actual construction on the project, nor shall any construction firm controlled or partially owned by the OR be allowed to bid on or perform work on the project. The actual construction work on the project shall be awarded through a competitive bid process.

The OR Consultant shall have in-house staff which includes:

• An Owner's Representative / Advisor in the Architectural, Engineering, and Construction (AEC) industry with a minimum of 10 years of experience

• Construction inspector with a minimum of 5 years of experience

• Construction cost estimator capable of making assumptions based on knowledge of field conditions, trade standards, and past project experience.

Prior to award of this contract, the selected Consultant shall provide WRTA with a proposed rate sheet for the anticipated and listed positions for WRTA’s review and approval. Task orders shall identify necessary services, and the fee will be based on a lump sum fee contract generated from the proposed hourly rate(s). The scope of work and required phases will be determined for each task order by WRTA.

WRTA may request services to be performed on an hourly time and expense basis, but a lump sum basis is preferred. WRTA reserves the right to modify the scope of services at any time before execution of the contract to add, delete, or otherwise amend any item(s), as it deems necessary, in its sole judgment, and in the best interests of WRTA.

Schedule

The schedule of projects is still in development. WRTA currently has an A&E firm designing the

Administrative and Maintenance building expansion and renovation project. The OR services are expected to begin on this project immediately after award of the OR services contract.

Phase I Pre-Construction Services

OR services will be broken up into two phases. Phase I is pre-construction, pre-solicitation of the prime construction contractor.

OR will work with WRTA’s management team to:

▪ Review of the plans, noting possible conflict and/or cost savings

▪ Constructability and/or schedule concerns with potential mitigation efforts

Timeline

Will commence immediately after executing task order agreement. Schedule will be established to coincide with design services.

Deliverables

OR will present summary of findings to WRTA.

Phase II Construction Services

After formal, competitive solicitation of the construction contractor, OR may be requested to provide the following services:

▪ Construction cost estimating for all trades at all levels of development ranging from conceptual to full CSI cost estimates.

▪ Assistance with permits and research

▪ Technical writing and review including project reporting

▪ Provide oversight and coordination of the project on behalf of WRTA to effectively balance costs, time, and quality.

▪ Work with WRTA, Architect, and Contractor; monitor construction workmanship, review contractor pay applications.

▪ Act as a safety advocate on WRTA’s behalf.

▪ Monitor Contractor’s interactions with WRTA employees in order to mitigate inappropriate interactions.

▪ Assist project architect with responses to Requests for Information (RFIs).

▪ Attend Owner/Architect/Contractor coordination meetings. Attend monthly progress meetings, project status meetings, and other on-site coordination conferences.

▪ Field inspections. Simple report of field visit is required. Bring all concerning issues observed to the attention of project architect and WRTA.

▪ Assist project architect with Contractor requested change orders to verify necessity and cost reasonableness.

▪ Provide administration of documents, correspondence, permitting and inspection results.

▪ Provide clear and regular communication with WRTA regarding construction progress, workmanship, plan conflicts, and contractor questions.

▪ Advise on resolution of claims and disputes.

▪ Evaluate the Contractor’s suggestions for modifications to the Contract Documents and provide recommendations to WRTA.

▪ Assist with the final inspection by design staff.

▪ In addition to the Contractor the OR shall maintain a redline set of drawings to be used for preparation of the record drawings.

▪ Materials Management, Testing and Certification (inclusive of Buy America).

▪ Coordinate close-out activities including the correction of deficiencies, completion of punch list items, submittal of close-out documents, and resolution of unresolved claims.

▪ Coordinate with project architect and contractor to ensure submittal of all project documentation including files, records, complete set of as-built drawings, submittals, samples, and other information to WRTA in an organized and usable form.

• Must include documents in electronic format

Timeline

Construction is estimated to take 18-24 months for the Administrative and Maintenance building project. Other project timelines will be established as task orders are issued.

Deliverables

As described above and includes:

▪ Monthly reports/feedback on documents reviewed and progress

▪ Reports on field inspections

Reporting Structure

All communication between the OR and WRTA will be handled through the CEO and/or his designee.

Statement of Qualifications

The Statement of Qualifications (SOQ) shall be no longer than 20 8-1/2” x 11” pages. Font shall be no smaller than Times New Roman 12. This page limit does not include a cover letter and the mandatory forms required as part of the RFQ.

The Evaluation Committee will review each Statement of Qualifications and evaluate the SOQ using the following criteria:

Evaluation Criteria Maximum Points Project understanding including site operations & construction oversight approach. 25 Experiences and references of the firm – additional consideration will be given to firms with experience working with transit agencies and other publicly funded projects. Provide three references including contact information. Detail past performance in similar capacities.

Qualifications of the staff – including project manager’s capabilities and experience. Sub-consultants’ qualifications shall be described.

Total points available. Highest point total ranks best 100

6. Required Information

6.1. Technical Proposal*

Are the applicable items/services as described within the Proposal Requirements section under the header Technical Proposal requirements satisfied?

☐ Yes

☐ No

*Response required

6.2. Acknowledgement of Grantee Status*

By confirming, the bidder acknowledges they are aware that the Western Reserve Transit Authority is a

Grantee of the Federal Transit Administration (FTA), and as such all contracts entered into by the

Grantee are subject to the rules and regulations of FTA and the Federal Transit Administration Act of

1964, as amended.

This includes, but is not limited to the following:

The proposer shall permit the authorized representatives of the Grantee, the U.S. Department of

Transportation, and the Controller General of the United States to inspect and audit all records relating to this contract.

The Western Reserve Transit Authority and FTA will become the owners of all documents prepared and submitted by the bidder relating to this contract.

☐ Please confirm

*Response required

6.3. Required Forms*

Please download the below documents, complete, and upload.

A. Signature of Bidder Form

B. Non-Collusion Declaration

C. Interest of Public Officials Form

D. Interest of Trustees, Officers and Employees Form

E. Delinquent Personal Property Form

F. Federal Tax Liability Certification Form

G. Government-Wide Debarment and Suspension Form

H. Certification of Lobbying Restrictions Form

Online notarized forms are preferred. Copies of completed and notarized forms will be accepted with proposal submission. In order for proposals to be considered responsive, all forms must be submitted prior to solicitation response deadline. Original notarized forms will be requested from apparent responsive, responsible low bidder prior to contract award. Please download the below documents, complete, and upload.

• RFQ_Forms.pdf

*Response required

6.4. DBE Program Tracking*

Pursuant to 49 CFR part 26, WRTA is required to request the age of the interested company. Please identify age of the company.

*Response required

6.5. DBE Program Tracking*

Pursuant to 49 CFR part 26 WRTA is required to request the annual gross receipts of the interested company. Please select the appropriately.

☐ < $500,000

☐ $500,000-$1 Million

☐ $1 Million - $2 Million

☐ > $2 Million

*Response required

6.6. Certificate of Insurance*

Please provide current Certificate of Insurance. At time of award and before beginning work, contractor shall provide certificate of General Liability insurance and Auto Liability insurance with minimum amounts of coverage of $1.0 million per occurrence. WRTA shall be named as both certificate holder and as additional insured on the policy.

*Response required

6.7. References*

Please download the below document, complete, and upload, with references pertaining to this type of procurement.

• REFERENCES.pdf

*Response required

6.8. Additional Proposal Information*

Upload only additional firm information's that pertains to this procurement, documents are not to exceed 20 pages.

*Response required https://government-project.s3.us-west-2.amazonaws.com/164935/c32d3ab9-5067-4a58-8527-1e290b00078b_RFQ_Forms.pdf https://government-project.s3.us-west-2.amazonaws.com/164935/f6568adf-7fbf-4b10-89be-ba5a2ff51460_REFERENCES.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4AS72GQHX%2F20260928%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260928T110001Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEGsaCXVzLXdlc3QtMiJGMEQCIALe7Ld6EGv9RKvqfUKI6Affph%2FQUml%2FsNTEevUN9ek7AiBFSJ0f0U%2BBa8A%2FVBUmVCTnUTKkf69ubHe9JRz0mTxZUSqMBQgzEAIaDDg5MjM2NDY4NzY3MiIMW%2FQ1Z%2B06A16Cq6%2FwKukEvGgauJy8lC7nXFFemeDzAcRVgnxiA849t5bel6%2BjjOa2isJrkU8p3PaoJcjtP8l5qT00n%2B6YzP2GJiQHuTnp9Zw4eZN%2B2PccY9RgDPoWHEteo%2FPKF%2BByUb%2BR3U7gO0lM0Keu0gtO%2BgECev1gX1dKPo5jguZES%2BnP7fuEzn5NkbWoUF2F2T33HhFLpq4xhHUxui3ZP4q4L1ZzfN0L6vP3lL9KXtippmjy6fQJbTO57Oz5MwBCguJwFmgfXLe7L%2F5y7n8YM02BVRI3hcyZLZ2cL0MTOiDE8Ha715iqLgWwy6%2F4xdzaWtosLss%2FAqF%2B%2FKcIeer9OXbGI%2FOAhzJXnK3Wnlq2TS6uak5F0fouZ08LgWiDWRqZwSUrvybBmuxJ9MaazzESyfE5%2BCiWR9m5O%2FehMi8k%2FBmAvz8HItPIJG%2BiPJ3qrT1Ic5DnolaVwTVS2AErEIsz4QPRO2vCzHZFZKlS4GHt112V8LVdH65724Rt1tRvZuT7LZhEPHOWrdwMW%2Bfpr9irSidjEsWVzG4Apb0eCygRvDafTPVXbWTnOKnARtMzWjjLMDRKa%2FegddcXi066iZYlPMfaq6sG1G8Txok50bCQqE%2B5loNOBIsYd%2FXwRmLzdI5946dWHzwlBBe8IhOqGS6j44lf6AoJcw78qFgGBdRaQN6Hp0JaoecA2WhSFPeJ9IYOMFx9hpEkK9zVKMQrVHJPnx9%2FtIOUBaC2Owcca0rIUS8Ie56iXlupQQYrOr9xksQiCQoVq%2BcdzxXAswig%2BM7bA31Q14VU1RTGVxYs8nkfx8Nnu6JnmZO5%2BCOr%2BCEVVraJ%2FOMzo3cwjofp1QY6mgHV2xkJv%2F4GGzvMVl%2BUdWgB7K%2FgAypa502rkJQwuJOJT5HC%2Fu3K6Rxb%2FGSQE7M%2BY9yULjAJkodttUUeCs%2BFIShvLUu9Dy4Sk0HEZOd3b2argcCLkvcEGdfDnvjbzuovJi0OstclKWJV22hE11%2B5gjFT9L85X7bAF%2F6wtG7j3IAtkp%2BF%2FJrcR9xZbgt5JTaabm334NPYnAmoEKsY&X-Amz-Signature=d64a3a03be30833ac05ebc4c2fb4ec01eb0b6ddf5da5640eb73d9442402cf747&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22REFERENCES.pdf%22&x-id=GetObject

7. Federal Transit Administration Required Provisions

The funding agencies for this procurement may include the United States Department of Transportation

(U.S. DOT), Federal Transit Administration (FTA); Ohio Department of Transportation (ODOT) and, the

Western Reserve Transit Authority (WRTA). Therefore, in addition to the applicable General Conditions, the bidder/contractor shall comply with the following clauses required by FTA, etc. The words, “Purchaser” and “Recipient,” in these clauses shall, as applicable, mean WRTA

7.1. No Federal Government Obligations to Third Parties

A. WRTA 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 of WRTA, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

B. 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.

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

A. 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.

B. 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 under the authority of 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.

C. 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.

7.3. Access to Third Party Contract Records and Reports

A. WRTA is a political sub-division of the State of Ohio and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i). The Contractor agrees to provide WRTA, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA

Administrator or his authorized representatives including any PMO Contractor access to the

Contractor's records and construction sites pertaining to a major capital project, defined at 49

U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

B. The Contractor agrees to permit WRTA to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to maintain all books, records, accounts and reports required under this

Contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case the Contractor agrees to maintain same until WRTA, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49

CFR 18.39(i) (11).

D. FTA does not require the inclusion of these requirements in subcontracts.

7.4. Changes to Federal Requirements

Federal requirements that apply to the Recipient or the Award, the accompanying Underlying

Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.

7.5. Termination of Contract

A. Termination For Convenience – (General Provision) WRTA may terminate this contract, in whole or in part, at any time by written notice to the contractor when it is in WRTA’s best interest. The contractor shall be paid its costs, including contract close-out costs, and profit from work performed up to the time of termination. The contractor shall promptly submit its termination claim to WRTA to be to the contractor. If the contractor has any property in its possession belonging to WRTA, the contractor will account for the same, and dispose of it in the manner

WRTA directs.

B. Termination for Default (Supplies and Services) - If the contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the

Contractor fails to comply with any other provisions of this contract, WRTA may terminate this contract for default. Termination shall be affected by serving a notice of termination on the contractor specifying the nature of the default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.

1. If, it is later determined that the contractor had an excusable reason for not performing, such as a strike, fire, flood, events which are not the fault of the contractor, WRTA, after setting up a new delivery performance schedule, may allow the contractor to continue work, or treat the termination as if the termination had been issued for convenience.

C. Opportunity to Cure – WRTA in its sole discretion may, in the case of a termination for breach or default, allow the contractor up to ten (10) calendar 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.

1. If the contractor fails to remedy to WRTA’s satisfaction the breach or default of any of the terms, covenants, or conditions of this contract within 10 calendar days after receipt by the contractor of written notice from WRTA setting forth the nature of said breach or default, WRTA shall have the right to terminate the contract without any further obligation to the

Contractor. Any such termination of default shall not in any way operate to preclude WRTA from also pursuing all available remedies against the contractor and its sureties for said breach or default.

D. Waiver of Remedies for any Breach - In the event that WRTA elects to waive its remedies for any breach by the contractor of any covenant, term or condition of this contract, such waiver by

WRTA shall not limit WRTA’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this contract.

E. Termination for Convenience (Professional or Transit Service Contracts) - WRTA, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of WRTA to do so. If this contract is terminated, WRTA shall be liable only for the payment under the payment provisions of this contract for services rendered before the effective date of termination.

F. Termination for Default (Supplies and Services) – If the contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the contractor fails to comply with any provision of this contract, WRTA may terminate this contract for default, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of WRTA.

G. Termination for Default (Transportation Services) - If the contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract, WRTA may terminate this contract for default. WRTA shall terminate by delivering to the contractor a Notice of Termination specifying the nature of default. The contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract.

1. If after termination for failure to fulfill contract obligations, it is determined that the contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for WRTA’s convenience.

H. Termination for Default (Construction) – If the contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the contractor fails to comply with any other provisions of this contract, WRTA shall terminate by delivering to the contractor a Notice of Termination specifying the nature of the default. In this event, WRTA may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The contractor and its sureties shall be liable for any damage to WRTA resulting in the contractor’s refusal or failure to complete the work within the specified time, whether or not the contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by WRTA in completing the work. The contractor’s right to proceed shall not be terminated and the contractor charged with damages under this clause if;

1. The delay in completing the work arises from unforeseeable causes beyond their control and without the fault or negligence of the contractor. Examples of such causes include: acts of God, acts of WRTA, acts of another contractor in the performance of a contract with

WRTA, epidemics, quarantine restrictions, strikes, freight embargoes; and

2. The contractor, within ten (10) days from the beginning of the delay, notifies WRTA in writing of the causes of the delay. If in the judgment of WRTA, the delay is excusable, the time for completing the work shall be extended. The judgment of WRTA shall be final and conclusive on the parties, but subject to appeal under the dispute’s clause herein. If, after termination of the contractor’s right to proceed, it is determined that the contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of WRTA.

I. Termination for Convenience of Default (Architectural and Engineering contracts) - WRTA may terminate this contract in whole or in part, for WRTA’s convenience or because of the failure of the contractor to fulfill the contract obligations. WRTA shall terminate by delivering to the contractor a Notice of Termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, the contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to WRTA all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of WRTA, WRTA shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the contractor to fulfill the contract obligations, WRTA may complete the work by contract or otherwise and the contractor shall be liable for any additional costs incurred by WRTA. If, after termination for failure to fulfill contract obligations, it is determined that the contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of WRTA.

J. Termination for Convenience or Default (Cost-Type Contracts) – WRTA may terminate this contract, or any portion of it, by serving notice or termination on the contractor. The notice shall state whether the termination is for the convenience of WRTA or for the default of the contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The contractor shall account for any property in its possession paid for them from funds received from WRTA, or WRTA may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The contractor shall promptly submit its termination claim to WRTA and the parties shall negotiate the termination settlement to be paid by the contractor. If the termination is for the convenience of WRTA, the contractor shall be paid its contract close-out costs, and a fee, if the contract provides for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, WRTA determines that the contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of or are beyond the control of the contractor, WRTA, after setting up a new work schedule, may allow the contractor to continue work, or treat the termination as a termination for convenience.

7.6. Civil Rights Compliance

A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §

2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section

202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at

49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying Contract:

1. Race, Color, Creed, National Origin, Sex - 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 agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance

Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to

Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff, 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.

2. Age - In accordance with 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, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements

FTA may issue.

3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to

Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29

C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the

Contractor agrees to comply with any implementing requirements FTA may issue.

C. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only, if necessary, to identify the affected parties.

7.7. Compliance with Regulations

The bidder/contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, DOT) Title 49, Code of Federal

Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the

Regulations), which are herein incorporated by reference and made a part of this contract.

7.8. Solicitation for Subcontracts, Including Procurements of Materials and Equipment

In all solicitations either by competitive bidding or negotiation made by the bidder/contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the bidder/contractor of the bidder’s/contractor’s obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, or national origin.

7.9. Information and Reports

The bidder/contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Transit

Administration (FTA) to be pertinent to ascertain compliance with such Regulations, orders,…