Trash_Removal_Services.pdf

REQUEST FOR QUOTATION

RFQ 2025-12

TRASH REMOVAL SERVICES

Western Reserve Transit Authority

604 Mahoning Ave

Youngstown, OH 44502

RELEASE DATE: November 21, 2025

DEADLINE FOR QUESTIONS: November 28, 2025

RESPONSE DEADLINE: December 22, 2025, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Western Reserve Transit Authority

REQUEST FOR QUOTATION

Trash Removal Services

1. Trash Removal Services

2. Vendor Questionnaire

3. Federal Transit Administration Required Provisions

4. Pricing Proposal

Request For Quotation #RFQ 2025-12 Title: Trash Removal Services

1. Trash Removal Services

1.1. Summary

The Western Reserve Transit Authority (WRTA) is soliciting quotations for Trash Removal Services. WRTA has 2 facilities located at 604 Mahoning Ave and 340 W. Federal Street Youngstown Ohio. Each facility requires trash removal. The building at 340 W. Federal St. has a one(1) -4 yard dumpster. 340 W. Federal

St. can be picked up any time 10pm-4am. The buildings at 604 Mahoning Ave have one (1) 8 yard and one(1) 4 yard dumpster as well as a carboard only 8 yard dumpster. The 3 trash dumpsters are picked up on a weekly basis and the cardboard dumpster is pickup monthly. 604 Mahoning Ave. can be picked up

Monday-Friday 5am-10:30pm or Saturday 5am-5pm with exception of non-operational holidays. The contract time period for this RFQ is 2026-2031. Initial contract is 3 years with 2 option years. All costs shall be entered in the available price proposal section only as per instructions.

1.2. Background

WRTA has been Youngstown's public transit system for over 50 years providing daily service Monday–

Saturday and expanded service to include demand response service in all of Mahoning County in 2008.

One fixed route provides services to Warren, OH in Trumbull County.

1.3. Contact Information

Jeff Siwiec

Director of Maintenance

604 Mahoning Ave.

Youngstown, OH 44502

Email: jsiwiec@wrtaonline.com

Phone: (330) 941-5762

Department:

Maintenance

Department Head:

Jeff Siwiec

Director

1.4. Timeline

Release Project Date November 21, 2025

Question Submission Deadline November 28, 2025, 10:00am

Question Response Deadline December 9, 2025, 10:00am mailto:jsiwiec@wrtaonline.com tel:(330)941-5762

Bid Submission Deadline December 22, 2025, 11:00am

Contractor Selection Date January 9, 2026

2. Vendor Questionnaire

2.1. Pricing is all inclusive.*

Any and all fees, including shipping charges, are included in pricing.

☐ Please confirm

*Response required

2.2. Quote is valid for length of contract from submission date.* ☐ Please confirm

*Response required

2.3. Government-Wide Debarment and Suspension*

Instructions for Certification: By confirming and submitting this bid or proposal, the prospective lower tier participant is providing the certification set out below.

A. It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of

Management and Budget (U.S. OMB) “Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement),” 2 CFR part 180, B. To the best of its knowledge and belief, that its Principals and Sub recipients at the first tier:

1. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:

a. Debarred,

b. Suspended,

c. Proposed for debarment,

d. Declared ineligible,

e. Voluntarily excluded, or

f. Disqualified,

2. Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for: (1)

Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction, (2) Violation of any Federal or State antitrust statute, or (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property,

3. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 2.b of this Certification,

4. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification,

5. If, at a later time, it receives any information that contradicts the statements of subsections

2.a – 2.d above, it will promptly provide that information to FTA,

6. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:

a. Equals or exceeds $25,000,

b. Is for audit services, or

7. Requires the consent of a Federal official, and It will require that each covered lower tier contractor and subcontractor:

a. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and

1200, and

b. Assure that each lower tier participant in its Project is not presently declared by any

Federal department or agency to be:

i. Debarred from participation in its federally funded project,

ii. Suspended from participation in its federally funded project,

iii. Proposed for debarment from participation in its federally funded project,

iv. Declared ineligible to participate in its federally funded project,

v. Voluntarily excluded from participation in its federally funded project, or

vi. Disqualified from participation in its federally funded Project, and

C. It will provide a written explanation as indicated on a page attached in FTA’s TEAM-Web or the

Signature Page if it or any of its principals, including any of its first tier Sub recipients or its Third-

Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group.

☐ Please confirm

*Response required

3. 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.

3.1. Access to Records and Reports

A. Record Retention. The Contractor will retain and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third-party Contracts of any type, and supporting materials related to those records.

B. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) 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 records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

C. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract in accordance with 2 CFR § 200.337.

D. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors' access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

3.2. Civil Rights Laws and Regulations

The following Federal Civil Rights laws and regulations apply to all contracts.

A. Federal Equal Employment Opportunity(EEO) Requirements. These include but are not limited to:

1. Nondiscrimination in Federal Public Transportation Programs.49 U.S.C.§ 5332,covering projects, programs, and activities financed under 49 U.S.C Chapter 53, prohibits discrimination on basis of race, color, religion, national origin, sex( including sexual orientation and gender identity),disability or age, and prohibits discrimination in employment or business opportunity.

2. Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964,as amended, 42 U.S.C.§ 2000e, and Executive Order No. 11246,"Equal Employment Opportunity", September 24,1965,as amended, prohibit discrimination in employment on basis of race, color, religion, sex, or national origin.

B. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, "Nondiscrimination on the Basis of

Sex in Education Programs or Activates Receiving Federal Financial Assistance, 49 C.F.R. part 25 prohibits discrimination on the basis of sex.

C. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975, ”asamended,42U.S.C.§

6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial

Assistance,"45

C.F.R.part90,prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act(ADEA),29U.S.C.§621etseq.,and Equal

Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in

Employment Act, ”29 C.F.R. part 1625 ,also prohibit employment discrimination against individuals age 40 and over on the basis of age.

D. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended(ADA) , 42U.S.C.§12101 et seq. , prohibits discrimination against qualified individuals with disabilities in programs, activities, and service's ,and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I,II,III,IV

,and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

E. Civil Rights and Equal Opportunity. The Agency is an Equal Opportunity Employer. As such, the

Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations.

Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this

Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with 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, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., 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. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in

Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.

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, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, 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.

3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age

Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Fluman Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial

Assistance,” 45 C.F.R. part 90, 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.

4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and

Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

5. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

3.3. Government-Wide Debarment and Suspension

The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement

Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of

Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and

Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of

$25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:

A. Debarred from participation in any federally assisted Award;

B. Suspended from participation in any federally assisted Award;

C. Proposed for debarment from participation in any federally assisted Award;

D. Declared ineligible to participate in any federally assisted Award;

E. Voluntarily excluded from participation in any federally assisted Award; or

F. Disqualified from participation in any federally assisted Award.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

3.4. Disadvantage Business Enterprise

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

Assistance Programs. WRTA’s overall goal and project goal for DBE participation can be found in the Vendor Requirements section.

B. The Contractor 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 CFR

Part 26 in the award and administration of this 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 WRTA deems appropriate. Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

C. Contractors must pay subcontractors for satisfactory performance of their contracts no later than 15 days following the receipt of each payment made by WRTA to the prime contractor. This includes the prompt return of retainage payments from the prime contractor to the subcontractor within 15 days after the subcontractor’s work is satisfactorily completed. WRTA may apply appropriate penalties for failure to comply with these terms and conditions. Any delay or postponement of payment among parties may take place only for good cause, and only with the prior written permission of WRTA. Contractors must include in their subcontract’s language providing the appropriate alternative dispute resolution mechanisms to resolve payment disputes. Prime contractors will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed.

D. The Contractor must promptly notify WRTA’s Office of Contract Compliance whenever a DBE

Subcontractor performing work related to this Contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE Subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the WRTA’s Office of Contract Compliance.

E. Thus, a supplier of materials which will become an integral part of the construction is a

"subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies, materials, or articles normally available on the open market.

F. That no contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

G. That in the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

H. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section.

3.5. Energy Conservation Requirements

The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and

Conservation Act.

3.6. Equal Employment Opportunity

During the performance of this contract, the contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

D. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the

Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

A. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order

11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

B. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of

Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the

United States to enter into such litigation to protect the interests of the United States.

3.7. Notice to Third Party Participants

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

Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying

Agreement including any information incorporated by reference and made part of that

Underlying Agreement; and

B. Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.

3.8. Fly America

Comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services

Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and sub-recipients of

Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly

America Act. The contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the

Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

3.9. Federal Tax Liability and Recent Felony Convictions

A. The contractor certifies that it:

1. Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

2. Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.

If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third-Party Agreement with the Third-Party Participant without FTA’s written approval.

B. Flow Down. The Recipient agrees to require the contractor to flow this requirement down to participants at all lower tiers, without regard to the value of any sub agreement.

3.10. Incorporation of Federal Transit Administration (FTA) Terms

The provisions within include, in part, certain Standard Terms and Conditions required under the

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2

CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.

3.11. No 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. 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.

3.12. Notice to FTA and U.S. Dot Inspector General

Notice to FTA and U.S. DOT Inspector General of information related to fraud, waste, abuse, or other legal matters. Applies to all contracts at all tiers expected to equal or exceed $25,000. Requires prime contractor to “flow-down” the requirement to subcontractors. Notification to FTA; Flow Down

Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-

Party Agreements and must require each Third-Party Participant to include an equivalent provision in its sub agreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§

180.220 and 1200.220. 94.

A. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

B. Matters that may affect the Federal Government include, but are not limited to, the Federal

Government’s interests in the Award, the accompanying Underlying Agreement, and any

Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

C. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief

Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from

FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the

Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient.

3.13. 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.

3.14. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.

A. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

1. Procure or obtain;

2. Extend or renew a contract to procure or obtain; or

3. Enter into a contract( or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

a. For the purpose of public safety , security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

Corporation, or Dahua Technology Company(or any subsidiary or affiliate of such entities).

b. Telecommunications or video surveillance services provided by such entities or using such equipment.

c. Telecommunications or video surveillance equipment or services procured or provided by an entity that the Secretary of Defense, in consultation with the Director of the

National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a foreign country.

B. In implementing the prohibition under Public Law 115232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

C. See Public Law 115232,section 889 for additional information.

D. See also § 200.471.

3.15. Safe Operation of a Motor Vehicle

Seat Belt Use: The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company owned” and “company leased” refer to vehicles owned or leased either by the Contractor or Agency.

Distracted Driving: The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this Contract.

3.16. Severability

The contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidelines will continue in effect.

3.17. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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. 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.

J. Termination for Default (Construction) – If the contractor refuses or fails to prosecute the work or any separable part, with the 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, 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 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 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.

K. 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.

L. 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.

3.18. Trafficking in Persons

A. The contractor agrees that it and its employees that participate in the Recipients Award, may not:

B. Engage in severe forms of trafficking in persons during the period of time that the Recipients

Award is in effect;

C. Procure a commercial sex act during the period of time that the Recipients Award is in effect;

or Use forced labor in the performance of the Recipients Award or sub agreements thereunder.

3.19. 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.

3.20. Prohibited Interest

A. No member of, or delegate to, the Congress to the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom.

B. No member, officer, or employee of the Public Body or of a local public body during his tenure or one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.

3.21. Special Notification Requirements For States

Applies to States –

A. To the extent required under federal law, the State, as the Recipient, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities:

a. The Identification of FTA as the federal agency providing the federal assistance for a

State Program or Project;

b. The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized; and

c. The amount of federal assistance FTA has provided for a State Program or Project.

B. Documents - The State agrees to provide the information required under this provision in the following documents:

a. applications for federal assistance,

b. requests for proposals or solicitations,

c. forms,

d. notifications,

e. press releases, and

f. other publications

4. Pricing Proposal

Any changes to this pricing table must first be approved by WRTA.

YEAR 1 COST PROPOSALS

Line Item Description Each Weekly/Monthly

Cost Yearly Total No Bid

1 8 -Yard Dumpster -Pick Up

Administration/ Maintenance

Buildings 604 Mahoning Ave.

Youngstown Oh.

2 4 -Yard Dumpster -Pick Up

Administration/ Maintenance

Buildings 604 Mahoning Ave.

Youngstown Oh.

3 8- Yard Cardboard Dumpster -Pick

Up Administration/ Maintenance

Buildings 604 Mahoning Ave.

Youngstown Oh

4 4-…