IFB 27 002 PVTA UMass Bus O and M Facility LED Lighting Replacement Project 10126.pdf

Invitation For Bid (IFB)

IFB #27-002

LED Lighting Replacement Project

PVTA UMass Transit Facility

Advertisement Date: Monday, October 26, 2026

Pre-Bid Site Walkthrough: Tuesday, November 3, 2026, at

1:00 PM 185 Holdsworth Way, Amherst, MA

Deadline for Written Questions: Friday, November 6, 2026, at

2:00 PM

Final Addendum Date: Tuesday, November 10, 2026

Bid Submission Deadline: Thursday, November 19, 2026, at

2:00 PM ET

Public Bid Opening: Thursday, November 19, 2026, immediately following the bid submission deadline

IFB Contact: Wesley Brown, Procurement Officer wbrown@pvta.com

The Pioneer Valley Transit Authority (PVTA) is seeking sealed bids from qualified electrical contractors to replace non-LED lighting fixtures with LED fixtures in its UMass

Transit Facility at 185 Holdsworth Way and the separate but adjacent Regional

Transportation Information Center (RTIC) Building at 259 Holdsworth Way located on the

UMass Campus in Amherst. The work included within the contract documents is summarized in the Scope of Services and Specifications listed herein.

A qualified electrical contractor shall possess all licenses and qualifications required by

Massachusetts law to perform the work described in this IFB. All electrical installation work shall be performed by appropriately licensed Massachusetts electricians. Bidders shall demonstrate relevant experience performing commercial or institutional lighting replacement projects of similar scope and complexity. The successful bidder shall obtain all required permits and inspections and comply with applicable electrical codes and safety requirements.

Schedule: All contract work must be completed within 6 weeks of issuance of a Purchase

Order and Notice to Proceed from PVTA.

FEDERALLY REQUIRED CONTRACT CLAUSES

Exhibit A, attached hereto and made a part hereof sets forth federal requirements placed upon vendors who are participating in a project funded in whole or in part with Federal grants. Its provisions are hereby included herein as an integral part of this IFB.

SIGNED CERTIFICATIONS

mailto:wbrown@pvta.com

Exhibit B, attached hereto includes PVTA-required state and federal certifications that must be signed and submitted with the sealed bid.

PREVAILING WAGES/DAVIS BACON ACT

The Contractor agrees that the contractor's laborers and mechanics and any subcontractor's, of any tier, laborers and mechanics who work on this project and who fall within any job classification established and published by the Massachusetts Department of Labor and

Industries shall be paid, at a minimum, the prevailing wage rates as certified by said State

Department or the corresponding job classification Davis-Bacon federal wage rates, whichever is higher. Each contractor and subcontractor of any tier performing work on this project shall post on the project the applicable prevailing wage rates and hourly basic rates of pay for the County or area within which the project is being performed, including the effective date of any changes thereof, in at least one conspicuous place for the information of the employees working on the project. The information posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits and any other economic benefit required to be paid.

The Massachusetts Department of Labor Prevailing Wage rates for this project are attached hereto in Exhibit C: Exhibit C-1 Massachusetts Department of Labor Standards prevailing wage schedule; and Exhibit C-2 Federal Davis-Bacon wage determination for Hampshire

County, Massachusetts. Contractors and subcontractors must comply with all applicable wage requirements.

SUBCONTRACTING

If subcontractors are necessary to complete any functions of this requirement, the Bidder must list their names and business locations of any proposed subcontractors, with their submitted Bid Form (separately attached list is sufficient). The Authority reserves the right to review and approve any subcontractors proposed by the Respondent. Any approval of the subcontractor shall not be construed as making the Authority party of such contract, giving the subcontractor privities of contract with the Authority, or subjecting the Authority to liability of any kind to any subcontractor.

INSURANCE REQUIREMENTS

The Bidder will be required to carry, for the term of the Contract and any amendment thereto, for the services performed under the terms of the Contract and those performed for the Contractor by its subcontractor, the following minimum insurance coverage. Copies of all insurance certificates shall be supplied to the Authority prior to the commencement of service. This insurance will protect the Bidder, the Authority from claims that may arise from the successful Bidder acts or omissions.

A. Commercial General Liability

The Bidder shall carry Commercial General Liability Insurance, including premises/operations; contractual liability; personal injury; products/completed operations;

property damage, providing for a per occurrence limit of One Million Dollars ($1,000,000) for all damages arising out of bodily injuries to or death of all persons in anyone accident or occurrence, and for all damages arising out of injury to or destruction of property in anyone accident or occurrence, and, subject to that limit per accident, a total (or aggregate) limit of Three Million Dollars ($3,000,000) for all damages arising out of bodily injuries or death of all persons in all accidents or occurrences and out of injury to or destruction of property for a period of three (3) years after completion of the work.

B. Workers' Compensation Insurance

With respect to all services the Bidder performs and all those performed for the Bidder by its subcontractors, the Bidder and subcontractor(s) shall carry Workers' Compensation

Insurance and, as applicable, insurance required in accordance with the U.S. Longshore and Harbor Workers' Compensation Act, in accordance with the requirements of the laws of the Commonwealth of Massachusetts, and of the laws of the United States, respectively.

C. Business Automobile Insurance

The Bidder shall carry Business Automobile Liability Insurance, to cover the use of all owned, hired, and non-owned vehicles, providing for the following minimum liability limits: One Million Dollars ($1,000,000) for all damages arising out of bodily injuries to or death of all persons in any one accident or occurrence, and for all damages arising out of injury to or destruction of property in any one accident or occurrence.

D. Indemnification and Hold Harmless

To the fullest extent permitted by law, the Bidder shall indemnify, defend and hold harmless the Authority and its respective officers, directors, employees and agents

(“Indemnified Parties”) from and against all claims, damages, demands, losses, expenses, fines, causes of action, suits or other liabilities (including all costs of reasonable attorneys’ fees, consequential damages, and punitive damages), arising out of or resulting from, or alleged to arise out of or arise from, the performance of Bidder’s Work under the Contract whether such claim, damage, demand, loss or expense is attributable to bodily injury, personal injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting there from; but only to the extent attributable to the negligence of the Bidder or any entity for which it is legally responsible or vicariously liable and; regardless whether the claim is presented by an employee of Bidder.

Such indemnity obligation shall not be in derogation or limitation of any other obligation or liability of the Bidder or the rights of the Authority contained in this Contract or otherwise. This indemnification shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Bidder under any workers’ compensation acts, disability benefit acts or other employee benefits acts and includes any loss or injury suffered by an employee of Bidder. This indemnification shall survive the completion of the Work or the termination of the Contract.

E. Certificate of Insurance

In conjunction with the above, the Bidder agrees to furnish to the Authority a Certificate of Insurance fully executed by an insurance company or companies satisfactory to the

Authority for the insurance policy or policies required hereinabove which policy or policies shall be in accordance with terms of said Certificate of Insurance. For the Workers'

Compensation Insurance and, as applicable, U.S. Longshore and Harbor Workers'

Compensation Act coverage, the policy number(s) and term of the policies shall be indicated on the certificate. Each insurance policy shall state that the insurance company agrees to investigate and defend the insured against all claims for damages, even if groundless.

All such insurance coverage shall name the Authority as an additional insured, provide a waiver of subrogation and such insurance shall be primary and non-contributory. Such insurance shall protect the Authority against all claims, liabilities, suits, actions, damages, or costs resulting from or arising out of the ownership, lease, operation, maintenance, repairs, or use in any way of the project equipment for the purposes of this program and for any other purpose. No project equipment shall be delivered to the Bidder or operated by the Bidder until the Bidder has submitted a certificate of insurance to the Authority naming the Authority as additional insured and indicating that all policies contain a waiver of subrogation and that such insurance is primary and non-contributory, as well as and indicating that the other insurance requirements of this Section are satisfied. Prior to the termination or lapse of any such insurance coverage, the Bidder shall submit a similar additional certificate of insurance to the Authority.

Bidder's failure to procure or maintain required insurance will constitute a material breach of the Contract.

PAYMENTS

Initial Payment Application

Submittals which must be provided prior to the processing of the first application for payment are as follows:

A. Listing of all subcontractors, suppliers and fabricators.

B. Building/Electrical permits and other applicable licenses and authorizations.

C. Schedule of Values if applicable.

D. Performance and payment bonds, if required

E. Certificate of Insurance.

F. Bills of lading, supplier receipts or other documentation verifying quantities of materials and associated value shall be supplied if requested by the Authority.

G. Partial lien waiver, if required.

Final Payment

The Contractor and PVTA shall make a final inspection of the Work within one (1) week after receipt of a written notice from the Contractor of the final completion of the Work and removal of all materials, supplies, tools, and equipment from the premises.

Submittals which must be provided prior to the processing of the final applications for payment are as follows:

A. Verification that punch list items have been satisfactorily corrected.

B. Lien waivers

C. Completion of Work closeout requirements.

D. Removal of storage areas, equipment and excess materials.

E. Settlement of damage claims arising from the work.

F. Final cleanup of building and grounds.

G. Receipt of executed Contractor’s warranty document and final inspection certificate.

Transmittal

Each application shall be prepared in duplicate with applicable addenda attached to the original.

Withholding of Payment

The Authority may withhold payment or request reimbursement for any of the following reasons:

A. Faulty work which has not been corrected to the satisfaction of the Authority.

B. In the reasonable judgment of the Authority, the unpaid balance on the contract is insufficient to complete the work.

C. Evidence that subcontractors have not been paid.

D. Warranty(s) not received or not accepted by the Authority.

When grounds for withholding payment(s) have been resolved, payment(s) shall be released.

FINAL INSPECTION

1. Correction of Work before Final Payment

Any work, materials, fabricated items, or other parts of the work which have been condemned or declared not in accordance with the contract, shall be promptly removed from the work site by the Contractor. The defective work, materials, fabricated items, or other parts shall be immediately replaced by new work in accordance with the contract at no additional cost to the Authority. Correction of condemned work described above shall commence within twenty-four (24) hours after receipt of notice from the Authority and shall make satisfactory progress until completed.

2. Correction of Work after Final Payment

Neither the final certificate, final payment, occupancy of the premises by the Authority, nor any provision of the contract, nor any other act or instrument of the Authority, shall relieve the Contractor from responsibility for negligence, or faulty material or workmanship, or failure to comply with the specifications. The Contractor shall correct any defects due thereto and repair any damage resulting there from which may appear during the guarantee period following final acceptance of the work. The Authority shall report to the Contractor any defects as they may appear and establish a time limit for completion of the corrections by the Contractor. The Authority reserves the right to determine responsibility for correction of defects.

WARRANTY

The Contractor guarantees and warrants that all work performed and items supplied under this Contract shall (1) conform to or exceed the Technical and Design Specifications and all other requirements of this IFB; (2) fulfill its design functions and be fit for both its ordinary and intended purposes; (3) be free of all latent defects in design, materials and workmanship; and (4) perform satisfactorily. A one-year workmanship warranty is required herein.

It is understood and agreed that by acceptance of this warranty and the acceptance of materials or supplies to be constructed or assembled pursuant to these Specifications, the

Authority does not waive any warranty, either expressed or implied

TERMINATION

If the Contractor does not deliver in accordance with the contract schedule or the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Authority may terminate the contract for default. Termination shall be affected by serving a notice of termination on the Contractor, setting forth the way the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or the services performed in accordance with the manner of performance set forth in the contract.

SCOPE OF SERVICES

PVTA is seeking sealed bids from qualified electrical contractors for the removal and disposal of old non-LED light fixtures and replacement with specified LED light fixtures in the two separate, but adjacent buildings as noted below:

UMASS RTIC Building

There are 112 existing fixtures to be replaced. All fixtures are approximately 16 feet above finished floor. All existing fixtures shall be removed and disposed of and replaced with Day-

Bright Cat. No. FBX08LL40-UNV, 120-277 volts, maximum 65 watts, or equal fixture.

UMass Transit Building

There are 62 existing fixtures to be replaced. The fixtures are approximately 8 feet above the finished floor. All existing fixtures shall be replaced with Day-Bright Cat. No. DWLE51L840-

8-UNV, 120-127 volts, maximum 65 watts, or equal fixture.

The work shall include all labor, materials, equipment, and incidental costs and expenses necessary to provide a complete operational installation.

Any proposed equal fixture must be submitted to PVTA for review and approval prior to purchase and installation. Proposed equal fixtures shall be comparable in quality, performance, dimensions, light output, color temperature, and intended application.

The work shall include:

• Furnishing all LED light fixtures

• Removal and proper disposal of existing fixtures

• Installation of new fixtures

• All necessary hardware, fittings fasteners and incidental materials

• Furnishing appropriate manlift

• Protection of existing building and building components, buses, vehicles & equipment

• Obtaining all applicable and required permits, inspections and associated fees

• Complete all paperwork on behalf of PVTA for PVTA to obtain any Mass Save energy rebates for the project from the applicable utility.

Contractor shall:

• Comply with all applicable Massachusetts Prevailing Wage requirements

• Be responsible for maintaining a safe work environment

• Provide an anticipated work schedule and coordinate with PVTA/UMass staff

• Provide the manufacturer’s warranty as well as a 1-year workmanship warranty.

Time of Completion of Work

All work must be completed 6 weeks from issuance of a PVTA purchase order and notice-to-proceed. The work will not be considered complete until it is accepted by PVTA.

Pre-Bid Contractor Walk-Through

All bidders are encouraged to inspect the facility prior to submitting a bid. To this end, PVTA will hold a Pre-bid Contractor Walk-through of the work area in both facilities on Tuesday, November 3rd at 1 P.M. starting from the main entrance of the Transit Facility’s

Administrative Offices at 185 Holdsworth Way, Amherst.

Written Questions and Clarifications

All questions concerning this IFB shall be submitted in writing via email to Wesley Brown, Procurement Officer, at wbrown@pvta.com, no later than Friday, November 6, 2026, at

2:00 PM ET. Questions and responses will be made available to all prospective bidders through COMMBUYS. Any changes or clarifications to the IFB will be issued by written addendum, if necessary.

mailto:wbrown@pvta.com

SUBMISSION REQUIREMENTS AND SELECTION

Bidders shall submit a signed, written bid in a sealed envelope or package containing the following:

1. Exhibit D – Bid Form, completed and signed, including the lump-sum bid price and applicable unit prices.

2. Exhibit B – Required Certifications, including Exhibits B-1 (Certification of

Eligibility), B-2 (Certification of Non-Collusion), and B-3 (Massachusetts Statutory Bid

Certifications), completed and signed as applicable.

3. Exhibit E – References, providing three (3) references for similar completed projects.

4. Proposed Construction Schedule, outlining the anticipated schedule for completing the work.

5. Bid Deposit, equal to five percent (5%) of the total bid price, in an acceptable form as specified in Exhibit A – Bid Guarantee.

Sealed bids must be received by the Pioneer Valley Transit Authority (PVTA) no later than

2:00 PM Eastern Standard Time on Thursday, November 19, 2026, at the following address:

Pioneer Valley Transit Authority

Attention: Wesley Brown, Procurement Officer

2808 Main Street

Springfield, MA 01107

The outside of the sealed envelope or package shall be clearly marked:

SEALED BID – IFB 27-002

LED Lighting Replacement Project

DO NOT OPEN BEFORE NOVEMBER 19, 2026, AT 2:00 PM

Bids received after the specified deadline will not be considered, subject to applicable procurement requirements. Bids submitted by email will not be accepted.

Sealed bids will be publicly opened and read aloud immediately following the bid submission deadline on Thursday, November 19, 2026, at 2:00 PM at the Pioneer Valley Transit

Authority, 2808 Main Street, Springfield, MA 01107. Contract award will occur following

PVTA's review of bid responsiveness, bidder responsibility and eligibility, and completion of applicable approval procedures.

BASIS OF AWARD

The contract will be awarded to the lowest responsible and eligible bidder in accordance with

M.G.L. Chapter 149, Section 44A(C), and Chapter 30, Section 39M.

PVTA will evaluate bidder responsibility and eligibility, including the qualifications, experience, resources, and ability necessary to satisfactorily perform the work. References submitted under Exhibit E may be considered as part of this determination.

PVTA reserves the right to reject any and all bids when doing so is in the public interest and permitted by applicable law.

APPENDIX, EXHIBIT A - Federal Requirements

FEDERALLY REQUIRED CONTRACT CLAUSES

The FRC Clauses shall apply equally to the Contractor as they do to the Authority, and the Contractor shall indemnify and hold the Authority harmless for any liability it may incur as a result of the Contractor’s failure to act in compliance with the FRC Clauses.

No Federal Government Obligations to Third Parties

In connection with the Project, the Contractor acknowledges that, absent the Federal Government's express written consent, the Federal Government shall not have any commitment or liability related to the Underlying Agreement, to any Third Party Participant at any tier, or to any other person or entity that is not a party (FTA or the Recipient) to the Underlying Agreement; and notwithstanding that the Federal Government may have concurred in or approved any Solicitation or Third Party Agreement at any tier that may affect the Underlying Agreement, the Federal Government does not and shall not have any commitment or liability to any Third Party Participant or other entity or person that is not a party (FTA or the Recipient) to the Underlying Agreement. The Contractor shall include the substance of this clause in each subcontract (FTA Master Agreement v33 § 3(l)).

False or Fraudulent Statements or Claims

The Contractor acknowledges and agrees that:

(1) Civil Fraud. 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 the Contractor’s activities in connection with the Project. By executing the Grant Agreement, Cooperative Agreement, or Contract for the Project, the Contractor certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project. In addition to other penalties that may apply, the Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal Government, the Federal Government reserves the right to impose on the Contractor the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, to the extent the Federal Government deems appropriate.

(2) Criminal Fraud. If the Contractor makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal Government or includes a false, fictitious, or fraudulent statement or representation in any agreement with the Federal Government in connection with a Project authorized under 49 U.S.C. chapter 53 or any other Federal law, the Federal Government reserves the right to impose on the Contractor the penalties of 49 U.S.C. § 5323(l), 18 U.S.C. § 1001 or other applicable Federal law to the extent the Federal Government deems appropriate (FTA Master Agreement v33 § 4)).

Access to Third Party Contract Records and Audits

The Contractor agrees to provide, and require its third party subcontractors (at as many tiers as required), to provide to the U.S. Secretary of Transportation and the Comptroller General of the United States or their duly authorized representatives, access to all third party contract records (at any tier) pertinent to the Federal award to perform audits, execute site visits, or for any other official use and to any further extent required by 49 U.S.C. § 5325(g), and 2 CFR §§ 200.337–338. The Contractor further agrees to require its third party subcontractors (at any tier), to provide sufficient access to third party procurement records as needed for compliance with Federal regulations or to assure proper Project management as determined by FTA (FTA Master Agreement v33 § 16(s)).

Changes to Federal Requirements

The Contractor acknowledges that Federal laws and regulations control Project award and implementation. The Contractor also acknowledges that Federal directives, as defined in the Master Agreement, set forth Federal terms applicable to the Project, except to the extent that FTA determines otherwise in writing. Thus, FTA strongly encourages adherence to applicable Federal directives. The Contractor understands and agrees that unless FTA has provided express written approval of an alternative procedure or course of action differing from a procedure or course of action set forth in the applicable Federal directive, the Awarding Authority and/or the Contractor may incur a violation of the terms of the Grant Agreement or Cooperative Agreement or the Master Agreement if it implements an alternative procedure or course of action not approved by FTA.

The Contractor understands and agrees that Federal laws, regulations, and directives applicable to the Project and to the Applicant on the date on which the FTA Authorized Official awards Federal assistance for the Project may be modified from time to time. In particular, new Federal laws, regulations, and directives may become effective after the date on which the Applicant executes the Grant Agreement or Cooperative Agreement for the Project, and might apply to that Grant Agreement or Cooperative Agreement. The Contractor understands that the most recent of such Federal laws, regulations, and directives will govern the administration of the Project at any particular time, except to the extent that FTA determines otherwise in writing.

FTA's written determination may take the form of a Special Condition, Special Requirement, Special Provision, or Condition of Award within the Grant Agreement or Cooperative Agreement for the Project, a change to an FTA directive, or a letter to the Applicant/Contractor signed by the Federal Transit Administrator or his or her duly authorized designee, the text of which modifies or otherwise conditions a specific provision of the Grant Agreement or Cooperative Agreement for the Project or the Master Agreement. To accommodate changing Federal requirements, the Contractor agrees to include in each agreement with each subcontractor implementing the Project notice that Federal laws, regulations, and directives may change and that the changed requirements will apply to the Project, except to the extent that FTA determines otherwise in writing. All standards or limits in the Grant Agreement or Cooperative Agreement for the Project, and in the Master Agreement are minimum requirements, unless modified by FTA. The Contractor and each of its subcontractors shall comply with all applicable FTA regulations, policies, procedures, and directives, including those listed in FTA Master Agreement v33, 2 CFR Part 200, FTA Circular 4220.1G, and 49 U.S.C. Chapter 53, as amended by the FAST Act and the Infrastructure Investment and Jobs Act (IIJA/BIL) (FTA Master Agreement v33 § 3(i)(6)).

Termination

Upon written notice, the Contractor understands that the Federal Government may suspend or terminate all or any part of the Federal assistance to be provided for the Project if the Contractor has violated the terms of the Grant Agreement or Cooperative Agreement for the Project including the

Master Agreement, or if the Federal Government determines that the purposes of the laws authorizing the Project would not be adequately served by the continuation of Federal assistance for the Project. The Contractor understands and agrees that any failure to make reasonable progress on the Project or violation of the Grant Agreement or Cooperative Agreement for the Project, or the

Master Agreement that endangers substantial performance of the Project shall provide sufficient grounds for the Federal Government to terminate the Grant Agreement or Cooperative Agreement for the Project. In general, termination of Federal assistance for the Project will not invalidate obligations properly incurred by the Contractor before the termination date to the extent those obligations cannot be canceled. If, however, the Federal Government determines that the Contractor has willfully misused Federal assistance by failing to make adequate progress, failing to make reasonable and appropriate use of Project property, or failing to comply with the terms of the Grant

Agreement or Cooperative Agreement for the Project including this Master Agreement, the Federal

Government reserves the right to require the Contractor to refund the entire amount of Federal assistance provided for the Project or any lesser amount as the Federal Government may determine.

Expiration of any Project time period established for the Project does not, by itself, constitute an expiration or termination of the Grant Agreement or Cooperative Agreement for the Project. (2 CFR

§ 200.340–343).

1. Termination for Convenience (General Provision) The PVTA may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to PVTA to be paid the Contractor. If the Contractor had any property in its possession belonging to the PVTA, the Contractor will account for the same and dispose of it in the manner the PVTA directs.

2. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the PVTA may terminate this contract for default. Termination shall be effected by serving a notice of termination on the Contractor setting the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the PVTA that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the PVTA, after setting up a new delivery performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

3. Opportunity to Cure (General Provision) The PVTA in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.

If Contractor fails to remedy to PVTA 's satisfaction the breach or default or any of the terms, covenants, or conditions of this contract within [ten (10) days] after receipt by Contractor of written notice from the PVTA setting forth the nature of said breach or default, PVTA shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude PVTA from also pursuing all available remedies against Contractor and its sureties for said breach or default.

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

5. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with diligence that will ensure 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, the PVTA may terminate this contract for default. The PVTA shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The PVTA 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 the Recipient resulting from the Contractor's refusal or failure to; complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the PVTA in completing the work.

The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if-

1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include, acts of God, acts of PVTA, acts of another Contractor in the performance of a contract with the PVTA, epidemics, quarantine restrictions, strikes, freight embargoes; and

2. the Contractor within [10] days from the beginning of any delay, notifies the PVTA in writing of the causes of delay. If in the judgment of the PVTA, the delay is excusable, the time for completing the work shall be extended. The judgment of the PVTA shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses.

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 the PVTA.

Civil Rights

The Contractor agrees to comply with all applicable civil rights laws, regulations and directives, except to the extent that the Federal Government determines otherwise in writing. These include, but are not limited to, the following:

a. Nondiscrimination in Federal Public Transportation Programs. The Contractor agrees to comply, and assures the compliance of each subcontractor, lessee, or third party contractor at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity.

b. Nondiscrimination Title VI of the Civil Rights Act. The Contractor agrees to comply, and assures the compliance of each subcontractor, lessee, or third party contractor at any tier of the Project, with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of

Transportation Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21. Except to the extent FTA determines otherwise in writing, the Contractor also agrees to comply with all applicable provisions of FTA Circular 4702.1B, Title VI Requirements and Guidelines for Federal

Transit Administration Recipients (2012), any subsequent amendments, and any other applicable

Federal directives that may be issued.

c. Equal Employment Opportunity. The Contractor agrees to comply, and assures the compliance of each subcontractor, lessee, or third party contractor at any tier of the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C. § 5332, with Title VII of the Civil Rights

Act of 1964, as amended, 42 U.S.C. § 2000e, and implementing Federal regulations and any subsequent amendments thereto. Except to the extent FTA determines otherwise in writing, the

Contractor also agrees to comply with all applicable Federal EEO directives that may be issued.

Accordingly:

(1) General. The Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. 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, religion, sex, disability, age, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotions or transfers, recruitment or recruitment advertising, layoffs or terminations;

rates of pay or other forms of compensation; and selection for training, including apprenticeship.

(2) Equal Employment Opportunity Requirements for Construction Activities. For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as "construction," the

Contractor agrees to comply and assures the compliance of each subcontractor, lessee, or third party contractor at any tier of the Project, with all applicable equal employment opportunity requirements of 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 No. 11246 Relating to Equal

Employment Opportunity," 42 U.S.C. § 2000e note, and also with any Federal laws, regulations, and directives affecting construction undertaken as part of the Project (FTA Master Agreement v33 § 12).

Americans with Disabilities Act (ADA) Access

The Contractor agrees to comply with 49 U.S.C. § 5332, which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Contractor also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with disabilities to the extent applicable. In addition, the Contractor agrees to comply with applicable implementing Federal regulations and directives and any subsequent amendments thereto, as follows:

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

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

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

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

(5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;

(6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19;

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

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

(9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194;

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

and

(11) Federal civil rights and nondiscrimination directives implementing the foregoing regulations, except to the extent the Federal Government determines otherwise in writing.

Disadvantaged Business Enterprise (DBE)

It is the policy of the PVTA and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBEs”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.

It is also the policy of the PVTA to:

1. Ensure nondiscrimination in the award and administration of DOT-assisted contracts;

2. Create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts.

3. Ensure that the DBE program is narrowly tailored in accordance with applicable law;

4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBEs;

5. Help remove barriers to the participation of DBEs in DOT assisted contracts;

6. To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and

7. Assist in the development of firms that can compete successfully in the marketplace outside the DBE program.

This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. The PVTA shall make all determinations with regard to whether or not a Bidder/Offeror is in compliance with the requirements stated herein. In assessing compliance, the PVTA may consider during its review of the Bidder/Offeror’s submission package, the Bidder/Offeror’s documented history of non-compliance with DBE requirements on previous contracts with the PVTA.

Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the PVTA deems appropriate.

DBE Participation For the purpose of this Contract, the PVTA will accept only DBEs who are:

1. Certified, at the time of bid opening or proposal evaluation, by the [certifying agency or the Unified Certification Program (UCP)]; or

2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or

3. Certified by another agency approved by the PVTA.

NOTE: Pursuant to the U.S. Department of Transportation’s Interim Final Rule effective October 3, 2025, DBE contract goals are temporarily suspended and no DBE percentage goal is established for this solicitation or contract during the current reevaluation period. Until the UCP completes recertification of DBE firms, DBE participation shall not be counted toward contract or overall program goals.

DBE Participation Goal The DBE participation goal for this Contract is set at 0 %. This goal represents those elements of work under this Contract performed by qualified Disadvantaged Business Enterprises for amounts totaling not less than 0 % of the total Contract price. Failure to meet the stated goal at the time of proposal submission may render the Bidder/Offeror non-responsive.

Proposed Submission Each Bidder/Offeror, at this time, is not required to supply the following information:

1. A completed DBE Utilization Form (see DBE Utilization Form) that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises under this Contract.

2. A list of those qualified DBE’s with whom the Bidder/Offeror intends to contract for the performance of portions of the work under the Contract, the agreed price to be paid to each DBE for work, the Contract items or parts to be performed by each DBE, a proposed timetable for the performance or delivery of the Contract item, and other information as required by the DBE Participation Schedule (see DBE Participation Schedule). No work shall be included in the Schedule that the Bidder/Offeror has reason to believe the listed DBE will subcontract, at any tier, to other than another DBE. If awarded the Contract, the Bidder/Offeror may not deviate from the DBE Participation Schedule submitted in response to the bid. Any subsequent changes and/or substitutions of DBE firms will require review and written approval by the PVTA.

3. An original DBE Letter of Intent (see DBE Letter of Intent) from each DBE listed in the DBE Participation Schedule.

4. An original DBE Affidavit (see DBE Affidavit) from each DBE stating that there has not been any change in its status since the date of its last certification.

Good Faith Efforts If the Bidder/Offeror is unable to meet the goal set forth above (DBE Participation Goal), the PVTA will consider the Bidder/Offeror’s documented good faith efforts to meet the goal in determining responsiveness. The types of actions that the PVTA will consider as part of the Bidder/Offeror’s good faith efforts include, but are not limited to, the following:

1. Documented communication with the PVTA’s DBE Coordinator (questions of IFB or RFP requirements, subcontracting opportunities, appropriate certification, will be addressed in a timely fashion);

2. Pre-bid meeting attendance. At the pre-bid meeting, the PVTA generally informs potential Bidder/Offeror’s of DBE subcontracting opportunities;

3. The Bidder/Offeror’s own solicitations to obtain DBE involvement in general circulation media, trade association publication, minority-focus media and other reasonable and available means within sufficient time to allow DBEs to respond to the solicitation;

4. Written notification to DBE’s encouraging participation in the proposed Contract; and

5. Efforts made to identify specific portions of the work that might be performed by DBE’s.

The Bidder/Offeror shall provide the following details, at a minimum, of the specific efforts it made to negotiate in good faith with DBEs for elements of the Contract:

1. The names, addresses, and telephone numbers of DBE’s that were contacted;

2. A description of the information provided to targeted DBEs regarding the specifications and bid proposals for portions of the work;

3. Efforts made to assist DBEs contacted in obtaining bonding or insurance required by the Bidder or the Authority.

Further, the documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted when a non-DBE subcontractor was selected over a DBE for work on the contract. 49 C.F.R. § 26.53(b) (2) (VI). In determining whether a Bidder has made good faith efforts, the Authority may take into account the performance of other Bidders in meeting the Contract goals.

For example, if the apparent successful Bidder failed to meet the goal, but meets or exceeds the average DBE participation obtained by other Bidders, the Authority may view this as evidence of the Bidder having made good faith efforts.

Administrative Reconsideration Within five (5) business days of being informed by the PVTA that it is not responsive or responsible because it has not documented sufficient good faith efforts, the Bidder/Offeror may request administrative reconsideration. The Bidder should make this request in writing to the PVTA DBE Liaison. The DBE Liaison will forward the Bidder/Offeror’s request to a reconsideration official who will not have played any role in the original determination that the Bidder/Offeror did not document sufficient good faith efforts. As part of this reconsideration, the Bidder/Offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The Bidder/Offeror will have the opportunity to meet in person with the assigned reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The PVTA will send the Bidder/Offeror a written decision on its reconsideration, explaining the basis for finding that the Bidder/Offeror did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation.

Termination of DBE Subcontractor The Contractor shall not terminate the DBE subcontractor(s) listed in the DBE Participation Schedule (see DBE Participation Schedule) without the PVTA’s prior written consent. The PVTA may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the PVTA in writing of its efforts to replace the original DBE.