Invitation_to_Bid-_Roof_Replacement_and_Structural_Repairs_(Addendum_#2_Revision).pdf

INVITATION FOR BID

ITB 2026-3

INVITATION TO BID- ROOF REPLACEMENT AND STRUCTURAL

REPAIRS

Western Reserve Transit Authority

604 Mahoning Ave

Youngstown, OH 44502

RELEASE DATE: May 20, 2026

DEADLINE FOR QUESTIONS: June 2, 2026

RESPONSE DEADLINE: June 16, 2026, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Western Reserve Transit Authority

INVITATION FOR BID

Invitation to Bid- Roof Replacement and Structural Repairs

1. Project Notice

2. Introduction

3. General Information

4. General Instructions to Bidders

5. Bid Requirements

6. Scope of Work

7. Required Information

8. Federal Transit Administration Required Provisions

9. Form of Bid

Attachments:

A - 2026-3 WRTA-Roof Replacement CONSTRUCTION DOCUMENTS 5-20-26

B - 2026-3 WRTA-Roof Replacement PROJECT MANUAL

C - Building Wage Determination OH20260090 05182026.txt

Invitation For Bid #ITB 2026-3 Title: Invitation to Bid- Roof Replacement and Structural Repairs

1. Project Notice

1.1. Project Notice

Notice is hereby given that Western Reserve Transit Authority (WRTA) is solicitating an Invitation to

Bid for Roof Replacement and Structural Repairs

WRTA will opening bidding for the Roof Replacement & Structural Repair project effective May

20,2026. Detailed specifications and project requirements can be found at https://procurement.opengov.com/portal/wrtaonline : https://www.wrtaonline.com/ .The WRTA

Procurement Process is a fully automated, web-based electronic bidding and vendor management system powered by OpenGov. Bids must be submitted using WRTA’s OpenGov portal in accordance with requirements set forth within the bid documents. Bids due on or before 10:00 AM, Friday June 12, 2026.There will be a public bid opening conducted at WRTA 's boardroom Friday June 12,2026 @ 10:00

AM. Results will be posted on the OpenGov procurement portal following the bid opening. All vendors suppling a bid will receive an email with the opening results. The Western Reserve Transit Authority reserves the right to reject any and/or all bids, to re advertise for bids and to waive any informality in any bid and to determine the most responsive bid by its own criteria, as described within the specification.

2. Introduction

2.1. Summary

This project involves the removal and replacement of the existing roof system and associated structural repairs to ensure long-term integrity, safety, and operational continuity at WRTA's facility located at 730

Mahoning Ave. Youngstown,Oh. Detailed specifications are located in the Scope of Work and Project document sections. This ITB is funded by the Federal Transit Administration(FTA) and all work shall comply with applicable federal requirements, including FTA Circulars, Transit, Buy America provisions, and federal labor standards.

2.2. Background

Western Reserve Transit Authority (WRTA). Currently has 3 facility locations. The bus terminal located at

340 W. Federal St. Youngstown Oh. The Administration building, Vehicle storage garage and the

Maintenance garage all located at 604 Mahoning Ave. The most recent addition is the third facility located at 730 Mahoning Ave.

2.3. Contact Information

Project Contact:

Jeff Siwiec

Director of Maintenance

604 Mahoning Ave.

Youngstown, OH 44502

Email: jsiwiec@wrtaonline.com

Phone: (330) 941-5762

Procurement Contact:

Becky Koenig

Procurement Specialist

604 Mahoning Ave

Youngstown, OH 44502

Email: rkoenig@wrtaonline.com

Phone: (330) 941-5761

Department:

Maintenance

Department Head:

Jeff Siwiec

Director

2.4. Timeline

WRTA reserves the right to alter the dates shown by written notice mailto:jsiwiec@wrtaonline.com tel:(330)941-5762 mailto:rkoenig@wrtaonline.com tel:(330)941-5761

Release Project Date May 20, 2026

Pre-Proposal Meeting (Non-Mandatory) May 27, 2026, 10:00am

Project site at 730 Mahoning Ave., Youngstown, OH 44502

Question Submission Deadline June 2, 2026, 10:00am

Question Response Deadline June 5, 2026, 10:00am

Proposal Submission Deadline June 16, 2026, 10:00am

Contractor Selection Date June 25, 2026

3. General Information

3.1. Overview of Western Reserve Transit Authority

WRTA has been providing daily service Monday–Saturday in Mahoning County for 50 years and has added, Monday–Friday in Warren, Trumbull County . WRTA currently serves Mahoning and Warren

Trumbull county with fixed route service. The bulk of WRTA’s service consists of twenty-two (22) fixed routes, most of which originate from the Federal Station Transit Center, located in downtown

Youngstown. Two of the routes serve the City of Warren in Trumbull County. WRTA operates four (4) suburban loop routes. WRTA also provides extensive curb-to-curb demand response services to the elderly and disabled throughout the county. WRTA has a fleet of 74 transit buses of various sizes.

3.2. Purpose

The Western Reserve Transit Authority seeks to establish a contract in accordance with the specifications, terms and conditions set forth within this Invitation to Bid (ITB).

4. General Instructions to Bidders

General Instructions to Bidders

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.

Bidders 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

Questions must be submitted using the Question & Answer tab on the OpenGov portal prior to the solicitation question submittal deadline. Questions submitted through any other means will not be accepted, nor be part of this ITB.

4.4. Bidder's Responsibility

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

4.5. Opening of Bids

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

4.6. Withdrawal of Bids

Bids may be withdrawn by the submitting vendor on the OpenGov Portal prior to the bid submission deadline. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. No bid may be withdrawn or amended after bids have been publicly opened for a period of sixty (60) days thereafter.

4.7. Bid Protests

It is the policy of the WRTA to prepare specifications for invitation for bids 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 reason, the following procedure must be followed to register a proper protest and said procedure shall be a part of all solicitations.

A. WRTA reserves the right to postpone a bid opening for its own convenience and to reject any and all bids.

B. Changes to the Scope of Work will be made by addendum.

C. Prime contractors or subcontractors may make appointments to discuss specifications. This, however, does not relieve them from the written documentation required by Paragraph "D" below.

D. Any Protest must be made in writing and addressed to the WRTA's Executive Director no later than (1) three days before the scheduled bid due date, (2) three days after the bid opening, or

(3) three days after contract award, as applicable. Such protest must cite what the solicitation was for, and for what reason the protest is lodged.

E. The Chief Executive Officer shall make all reasonable attempts to resolve the protest prior to the bid opening or award of a contract, as applicable, and reserves the right to reschedule same if - at his discretion - deemed necessary. The Chief Executive Officer must make his decision in writing no later than ten (10) working days from the date the protest is lodged.

F. If the protest is not satisfactorily resolved under paragraph (e) above, 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 fifteen (15) working days of the original date the protest was filed. The decision in the step shall be final and binding on all parties.

G. When a protest has been filed before award, WRTA will not make an award prior to the resolution of the protest unless WRTA determines that:

1. the item(s) to be procured are urgently required; or

2. delivery or performance will be unduly delayed by failure to make the award promptly; or

3. failure to make prompt award will otherwise cause undue harm to WRTA or the Federal

Government.

1.

If the vendor believes that WRTA did not follow the above process, he/she may appeal to the Federal

Transit Administration (FTA) as follows:

Office of Program Management

Federal Transit Administration

210 W. Adams Street

Suite 2410

Chicago, Illinois 60606

(312) 353-2789

The Federal Transit Administration will hear appeals only where a local protest procedure does not exist, where the local procedure was not followed or when the protest was not reviewed when presented an opportunity to do so.

4.8. Explanation to Bidders

The scope of the project is described in the specifications herein. All questions regarding the exact intent of the work should be brought to WRTA's attention prior to the solicitation question deadline. Any questions of this nature not brought up prior to this time shall be answered at WRTA's discretion and WRTA's decision shall be final.

4.9. 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 bids are submitted or the work proceeded with. The manufacturer or contractor shall make no alterations or corrections without consulting WRTA beforehand.

4.10. Bid Deposit & Bonding Requirements

Bidders must submit a bid deposit valid for at least (60) sixty days, in the form of a bid bond or cashier’s check in the amount of 5% of the totaled proposal cost. Checks are to be made payable to the Western

Reserve Transit Authority. The amount of each respondent’s bid deposit will be returned to all unsuccessful respondents and the successful respondent upon contract award or rejection of bids. FAILURE TO SUBMIT THE BID DEPOSIT SHALL RESULT IN PROPOSAL REJECTION. BID DEPOSITS

SUBMITTED IN RESPONSE TO OTHER SOLICITATIONS ARE NOT VALID FOR THIS ITB. THE ORIGINAL, FULLY EXECUTED BID BOND MUST BE SUBMITTED WITH THE BID.

AIA Document A310 – 2010 Bid Bond is an acceptable form or similar Bid Guaranty in form and substance satisfactory to the Owner and signed by an authorized representative of the Contractor.

The successful respondent(s) must furnish a performance AND payment bond in the amount of the contract value guaranteeing the completion of the work in accordance with the contract. Bonding requirements as described in the FTA Required Provisions shall be followed.

4.11. Single Bid Response

If only one bid is received in response to the invitation for bids, 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. Disadvantaged Business Enterprise Requirement

WRTA's does not have a DBE requirement for this project.

4.13. Contract Changes

Any proposed change in this contract shall be submitted to WRTA for its prior approval.

4.14. Workers Compensation

If this project requires the Contractor to have its employees on the Authority's premises at any time during the conduction of the project, the contractor and all subcontractors must provide the Authority with a Certificate of Workers' Compensation Insurance. Bidder agrees to indemnify the Authority for any amounts paid as benefits for any injuries/claims while carrying this project.

4.15. Pre-award Inspections

The purchaser reserves the right to perform a pre-award inspection of any bidder. The purpose of the evaluation will be to assure that the bidder:

A. Has in operation, or has the capability to have in operation, a location adequate to assure delivery (and installation where applicable) of the item(s) proposed.

B. Has adequate engineering and service personnel, to satisfy any engineering or service problems that may arise during the warranty period.

C. Has the necessary facilities and financial resources or has the capability to obtain such facilities and resources, to complete the contract in a satisfactory manner within the required time.

D. Has adequate quality control to assure that workmanship will comply with the specifications.

4.16. Pre-delivery Inspections

The purchaser reserves the right to inspect the item(s) before delivery. The vendor and/or manufacturer shall give all needed assistance to the purchaser in the performance of this inspection. The inspection, if made, shall be for the purpose of assuring that the item(s) meets or exceeds the specifications. Any deficiencies identified must be rectified prior to delivery of the item(s).

4.17. Taxes

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

4.18. Warranties

The bidder has an obligation to provide and insure all items covered by a warranty. The bidder shall make every effort to assure that all obligations defined under all warranties applicable to the item(s) or any subpart of the item(s) are fulfilled.

The bidder shall assume responsibility for all materials and accessories used in the system whether the same is made by the manufacturer or purchased ready-made from an outside source. The bidder shall warrant that all materials will conform to the published specifications and will be free from defects in material, workmanship, and title. The product must be of the highest quality and workmanship must be the best attainable. All materials furnished shall be subject to testing to assure compliance with contractual specifications. The warranty period shall be as indicated in the attached specifications and shall include all parts and labor.

4.19. Prevailing Wage

Davis Bacon Act applicable to this project. Certified payroll reports verifying prevailing wage rates shall accompany each pay application. U.S. Department of Labor wage determinations, current at the time of project advertisement, shall apply to this project.

5. Bid Requirements

5.1. Completed Bid Submission

Bids shall be submitted electronically through the OpenGov portal. Submissions must include all required forms fully executed along with all requested submissions as described within solicitation documents. Bids must be submitted by the date and time in the Timeline Section of this solicitation.

WRTA is not responsible for bidders internet connection and speed, please beware of these when submitting the completed bid and required forms to meet submission deadline.

5.2. Technical Proposal

For bidder(s) to be considered responsive to the bid, if awarded, contractor must provide detailed engineering design drawings and/or cut sheets for all items as requested in any section of the specifications. Notify the project architect of any items that are not available prior to bidding. Failure to notify will imply the bidder can and will supply all items specified. By submitting a bid, the contractor is certifying that the project as designed, can and will be constructed and completed within the timeframe specified.

5.3. Award Procedure

The basis for the award shall be for the lowest, most responsive, responsible bidder. The contract award for this project includes the base bid, unit price and allowances that will make up the lowest bid total. Alternates will not be included in the lowest bid total. The contract will be awarded within sixty

(60) days to the successful bidder(s) after WRTA has determined the bid(s) to be in its best interest. WRTA reserves the right to reject any and all bids when such rejection is in their opinion, in

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

Each bidder shall be prepared to present evidence of experience, qualifications, and financial ability to carry out the terms of the contract.

The bidder agrees that the submitted bid will be valid for at least a sixty (60) day period from the date the bids are opened.

5.4. 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 bidder, or selected bidder. Pre-contractual expenses are defined as expenses incurred by bidders and selected bidder in:

1. Preparing bid in response to this ITB

2. Submitting bid to WRTA

3. Negotiating with WRTA on any matter related to bid

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

Agreement. The bidder will not include any such expenses as part of the price proposed in response to this ITB. 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 ITB.

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 ITB or any Contract resulting from this procurement.

5.5. Bid Amounts

Base Bid, Single-Prime (All Trades) Contract. The undersigned Bidder, having carefully examined the

Procurement and Contracting Requirements, Conditions of the Contract, Drawings, Specifications, and all subsequent Addenda, as prepared by Olsavsky & Jaminet Architects having visited the site, and being familiar with all conditions and requirements of the work, hereby agrees to furnish all material, labor, equipment and services, necessary to complete the construction of the above-named project, according to the requirements of the Procurement and

Contracting Documents, for the stipulated sum.

6. Scope of Work

Project specifications and drawings are included in the Project Document section

6.1. Project Overview

The work shall consist of replacement of the roof on the existing storage building, including partial replacement of the roof deck. New roof decking and a membrane roofing system shall be installed.

Structural repairs shall also be performed on the existing columns, beams, and roof joists as required.

Plumbing work shall be limited to the roof drains, associated piping, and roof flashing. No work is included for the existing mechanical, electrical, or fire protection systems.

7. Required Information

7.1. Technical Proposal*

Are the applicable items/services as described within the Bid Requirements section under the header

Technical Proposal requirements satisfied?

☐ Yes

☐ No

*Response required

7.2. Bid Bond*

Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of 5 percent of the total bid price, payable to, Western Reserve Transit Authority, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement. The bidder shall guarantee the total bid price for a period of sixty (60) days from the date of the bid opening.

Please scan and upload a copy of your bid bond or cashier's check.

Cashier's checks must be mailed with the postmarked date no later than bid submission deadline date addressed to:

Western Reserve Transit Authority

Attention: Procurement Specialist

604 Mahoning Avenue

Youngstown, OH 44502

Please have the Bidder Name and Project Title listed clearly on the outside of the envelope.

*Cashier's checks Mailed with a postmarked date after the bid submission deadline date will result in the associated bid being deemed non-responsive.

*Response required

7.3. 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 bidder 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

7.4. EEO Certification*

Bidding Contractor hereby complies with the State's Equal Employment Opportunity in the Construction

Industry rules set forth in Chapters 123:2-3 through 123:2-9, OAC.

Bidding Contractor agrees to comply with all applicable requirements of the State E.E.O. Bid Conditions and to incorporate this Certification in all subcontracts on the project regardless of tier.

☐ Please confirm

*Response required

7.5. 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

7.6. 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

7.7. 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. Buy America Certification Form

G. Federal Tax Liability Certification Form

H. Government Wide Debarment & Suspension

I. Certification of Restrictions on Lobbying

Online notarized forms are preferred. Copies of completed and notarized forms will be accepted with bid submission. In order for bids 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.

• Required_ITB_Forms.pdf

*Response required

7.8. Declaration of Interested Parties Form*

Please download the below document, complete, and upload.

• Declaration_of_Interested_P...

*Response required

7.9. Statement of Experience and Qualifications*

Please Provide Statement of Experience and Qualifications

*Response required

7.10. Worker's Compensation*

Please provide current Worker's Compensation Insurance Documentation

*Response required

7.11. 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

7.12. Certifications and Bid Amounts*

Base Bid, Single-Prime (All Trades) Contract: The Bidder, having carefully examined the Procurement and Contracting Requirements, Conditions of the Contract, Drawings, Specifications, and all subsequent

Addenda, having visited the site, and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment and services, necessary to complete the construction of the above-named project, according to the requirements of the Procurement and Contracting Documents.

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Bidder has read and understands the Contract Documents and agrees to comply with all requirements of the Contract Documents, regardless of whether the Bidder has actual knowledge of the requirements and regardless of any statement or omission made by the Bidder, which might indicate contrary intention.

The Bidder represents that the bid is based upon the Standards specified by the Contract Documents.

The Bidder has been provided the opportunity to visit the project site and has become familiar with local conditions and has correlated personal observations about the requirements of the Contract

Documents. The Bidder has no outstanding questions regarding the interpretation of the Contract

Documents.

The Bidder agrees that the Contract price, as amended from time to time, shall cover all amounts due from the Owner resulting from interference, disruption, hindrance, or delay caused by or between

Contractors or their agents or employees, and that the Contractor’s sole remedy shall be an extension of time in accordance with the Contract Documents.

The Bidder agrees to enter into and execute the Contract with the Owner if awarded on the basis of this bid, and if the Bidder does not execute a Contract for any reason, other than authorized by Law or per

Instructions to Bidders, the Owner may enforce the provisions of the Bid Bond stated in the Instructions to Bidders.

The Bidder certifies that upon the execution of the contract form, the Contractor shall be enrolled in good standing in the Ohio Bureau of Workers’ Compensation (BWC) Drug-Free Workplace Program

(DFWP) for an equivalent BWC approved DFWP in accordance with but not limited to Ohio

Administrative Code Chapter 4123-17 and Executive Order 2002-13T. The Contractor acknowledges the responsibility to require all Subcontractors to be enrolled in good standing in the BWC DFWP or Drug-

Free EZ program for small employers (DF-EZ) or an equivalent BWC approved DFWP.

Bidder agrees to furnish any information requested by the Owner to evaluate the responsibility of the

Bidder.

☐ Please confirm

*Response required

7.13. References*

Please download the below document, complete, and upload. References should pertain to this type of project.

• REFERENCES.pdf

*Response required

7.14. Contractor License*

The bidder further states that it is a duly licensed contractor, for the type of work proposed, in all applicable jurisdictions, and in good standing.

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☐ Yes

☐ No

*Response required

8. 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.

8.1. 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.

8.2. 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.

8.3. 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.

8.4. Changes to Federal Requirements

The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in the Master Agreement between WRTA and the FTA, as they may be amended or promulgated from time to time during the term of this contract. The Contractor's failure to so comply shall constitute a material breach of this

Contract.

8.5. 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.

8.6. 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.

8.7. 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.

8.8. 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.

8.9. Information and Reports

The bidder/contractor shall provide all…