CERTIFICATE 6 - bcta.com€¦ · Web viewDetailed Specifications and Bid Proposal Forms may be...

INVITATION FOR BID (IFB)

PURCHASE OF UNLEADED 87 OCTANE GASOLINE FUEL

FORBEAVER COUNTY TRANSIT AUTHORITY200 West Washington Street - Rochester, PA 15074

(724) 728-4255 / www.bcta.com

Issue Date: 12.28.18Bids Due: 1.15.19 3:30 PM (ET)Public Bid Opening: 1.15.19 3:30 PM (ET) Contract Award: 1.15.19 4:00 PM (ET)Contract Begins 2.01.19

http://www.bcta.com/

TABLE OF CONTENTS

IFB Notice ................................................................................................................................. 1

Part l. General Conditions...........................................................................................................2-7

1.00 The Authority................................................................................................................... 21.01 The Contract Documents................................................................................................21.02 Financial Assistance Grant.............................................................................................21.03 Approval by U. S. Department of Transportation............................................................21.04 Federal and State Regulations....................................................................................2-31.05 Intent of Specifications....................................................................................................31.06 Compliance with Specifications.......................................................................................31.07 Award of Contract........................................................................................................3-41.08 Terms of Payment...........................................................................................................41.09 Taxes.............................................................................................................................. 41.10 Material Warranty............................................................................................................41.11 Contractual Obligation of Bidder.....................................................................................41.12 Patents............................................................................................................................ 51.13 Inspection....................................................................................................................... 51.14 General.......................................................................................................................... 51.15 Conditional Bids..............................................................................................................51.16 Bid Forms....................................................................................................................... 61.17 Definition of Terms..........................................................................................................61.18 Errors and Omissions.....................................................................................................61.19 Rejection......................................................................................................................... 61.20 Changes......................................................................................................................... 61.21 Submission of Bid........................................................................................................6-7

Part 2. Diesel Fuel Bid Specification...........................................................................................7-9

2.01 Description of Bid............................................................................................................72.02 Delivery and Quantity......................................................................................................72.03 Quality............................................................................................................................. 82.04 Storage Capability...........................................................................................................82.05 Contract Duration............................................................................................................82.06 Warranty......................................................................................................................... 82.07 References..................................................................................................................... 82.08 Required Contract Provisions.........................................................................................82.09 Late Bids........................................................................................................................ 9 2.10 Questions and Clarifications...........................................................................................9

APPENDIX A - Fuel Bid Forms & Subsequent Fuel Price Agreement...................................10-18

APPENDIX B - Applicable BCTA Federal and State Clauses &.............................................19-33.......................................................................... Certifications Required Of Bidders

CERTIFICATIONS

BEAVER COUNTY TRANSIT AUTHORITY (BCTA)

PURCHASE OF UNLEADED GASOLINE FUEL

INVITATION FOR BIDS (IFB)

Sealed bids on forms provided in the bid packet, will be received by the Beaver County Transit Authority (BCTA) at the BCTA offices, 200 W. Washington Street, Rochester, PA 15074 until 3:30 PM ET on Tuesday, January 15, 2019. Bids will be opened and publicly read aloud for tabulation at 3:30 PM ET on the same day and location as noted above with an award expected at 4:00 PM on the same day and location as noted above.

The bids are for Delivery and Pricing of Unleaded 87 Octane Gasoline fuel (maximum 10% ethanol) fuel. Detailed Specifications and Bid Proposal Forms may be obtained free of charge at the offices of BCTA, located at 200 W. Washington Street, Rochester, PA 15074, by telephoning 724-728-4255 or by visiting [email protected] before the above stated time and date.

The Authority hereby notifies all proposers that in regard to any contract entered into pursuant to this IFB advertisement or solicitation, disadvantaged business enterprises (DBE’s) will be afforded full opportunity to submit proposals in response and will not be subject to discrimination on the basis of race, color, sex or national origin in consideration for an award.

Certified Small Businesses who are prequalified are encouraged to propose on this project. Small Businesses who are not prequalified are encouraged to become certified as a small business.

The Authority reserves the right to postpone, accept or reject any and all proposals, in whole or in part, and to waive any informality in the IFB process as the Authorities deem in their own best interest.

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Part l. General Conditions

1.00 The Authority

All references made to the Authority throughout this document and in subsequent attachments, clauses and certifications shall be the

Beaver County Transit Authority (BCTA) as the agency in this IFB.

1.01 The Contract Documents

The General Conditions, General Description, Bid Specifications, the State, the Authority and Federal Certifications and Clauses (Appendix B), Addendums and the entire IFB with all notes or changes made thereon before signing of the Gasoline Bid Forms and the subsequent Fuel Price Agreement (Appendix A) are the Documents forming the Contract.

1.02 Financial Assistance Grant

The equipment and/or material described in these specifications may be purchased with the assistance of a grant from the Federal Government under the Urban Mass Transportation Act of 1964 as amended and the Commonwealth of Pennsylvania. The successful bidder and all subcontractors will be required to comply with all terms and conditions prescribed for third party contracts in a grant contract between the United States of America and the Authority. Federal grant contracts, where applicable, are available for examination by prospective bidders at BCTA at the Authority’s office located at the addresses listed on the cover of this IFB.

1.03 Approval by U. S. Department of Transportation

Where required, the award of a contract will be subject to the concurrence of the United States Department of Transportation (DOT).

1.04 Federal and State Regulations

The contract between the Authority and the successful bidder shall contain the following provision and the provisions and certifications in Appendix B:

a. Prohibited interest. No member, officer, or employee of the Authority, during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof.

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b. Interest of Members or Delegates to Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract(s) or receive any benefit arising there from.

c. Disadvantaged Business Enterprise (DBE). The Authority solicits and encourages DBE participation. Bidders will be responsible for complying with DBE Program requirements where applicable as listed in the DBE Clauses in Appendix B of this document.

NOTICE:

This contract is subject to BCTA’ DBE Program and the goal requirements. Bidders’ attention should be given to the DBE attachment made part of this proposal and potential contracts by reference hereto.

This contract is not subject to the DBE Program and applicable goal requirements. However, maximum DBE utilization is encouraged.

d. Any proposed change in this contract shall be submitted to BCTA for the Authority’s prior approval.

1.05 Intent of Specifications

The detailed specifications, notwithstanding these specifications, constitute an approximate standard of quality and performance parameter and in no way are intended to be restrictive.

1.06 Compliance with Specifications

In all cases, materials must be furnished as specified, but where brand names are used, consider the terms "approved equal" to follow: however, written approval for any proposed “equal" must be received before the scheduled bid opening.

1.07 Award of Contract

The Authority reserves the right to reject any and all bids or to award the contract(s) on such basis as the Authority deems to be in its best interest. In determining the successful bidder, the Authority will give consideration to the price, the term, financial responsibility of the bidder and the ability of the bidder to meet or exceed the performance requirements.

The bid is for a fixed price per gallon of unleaded gasoline. Three term options are included in the bid. Prospective bidders have the option of providing pricing for each term or one term as shown below.

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Term 1 – 12 months fixed price per gallon Term 2 – 18 months fixed price per gallon

Term 3 – 24 months fixed price per gallon

Each proposal shall include pricing of net thirty (30) days after delivery and acceptance. Bidders may also include pricing discounts and/or alternate payment terms (number of days), as part of the submitted tabulation sheet.

After the bid opening, the Authority will select what is determined to be the best suited term and price for BCTA’s needs and will accordingly award the contract to the appropriate bidder. The expected award of the bid shall be made at 4:00 PM on Tuesday, January 15, 2019.

1.08 Terms of Payment

The contractor shall submit billing concurrent with shipment. All invoices must be received by no later than the third Wednesday of each month for payment.

Total fuel purchase will be based on actual gallons of unleaded gasoline delivered to the BCTA Expressway Travel Center location in Center Township during the contract period. Gallons estimated for unleaded gasoline are based on current usage.

1.09 Taxes

The Authority is exempt from payment of all Federal, State and Local taxes in connection with this purchase and said taxes shall not be included in the bid price. The purchaser will provide necessary tax exempt certificates to the manufacturer. If taxes or fees are imposed, they shall be at the expense of bidder.

1.10 Material Warranty

The bidder shall assume responsibility for the product delivered.

1.11 Contractual Obligation of Bidder

Each bid shall be submitted with the understanding that the acceptance in writing by the Authority of the offer to furnish the product shall constitute a contract between the bidder and the Authority which shall bind the bidder on its part to furnish and deliver on its bid, priced in accordance with the conditions of said accepted proposal and specifications.

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1.12 Patents

The bidder shall agree and save harmless and indemnify the Authority and shall defend any suit, proceeding or claim against the Authority based on a claim that any materials, equipment, or any part thereof, furnished under this contract constitutes an infringement of any patented device, process, apparatus, material, or invention of the United States, provided that bidder is notified promptly in writing and given authority information and assistance (at the bidder's expense) for the defense of same, and bidder shall pay all damages and costs awarded therein against the purchaser. In case the equipment or any part thereof in such suit is held to constitute an infringement and the use of the said equipment is enjoined, the supplier shall, at his own expense, either procure for the purchaser the right to continue using the equipment or parts, or replace same with non-infringing materials, or modify it so it becomes non-infringing.

1.13 Inspection

All product, covered by this specification, shall be subject to the inspection and approval of the Authority. This inspection shall be made at the point of delivery. Inspection is the Authority’s option.

1.14 General

a. It is required that all attached Federal and State Clauses and Certification be executed and delivered with the bid along with this entire IFB package.

b. Bidders must certify that they are not on the Comptroller General's list of ineligible bidders.

c. The supplier shall comply with all applicable Federal, State or local laws at supplier’s expense.

d. Sealed bid proposals shall be submitted in envelopes clearly marked "Sealed Bid - GASOLINE FUEL” and must be received at the office of BCTA AT 200 West Washington Street, Rochester, PA no later than 3:30 PM ET on Tuesday, January 15, 2019. Bids received after the scheduled bid due date and/or time will not be considered.

1.15 Conditional Bids

Conditional bids, or those which take exception to the specifications, will be considered non-responsive and will be rejected.

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1.16 Bid Forms

Bids must be submitted on forms provided. Bids submitted in any other form will be considered non-responsive and will be rejected.

1.17 Definition of Terms

The terms “contractor, bidder, etc." used in this specification mean the concern, or its duly authorized representatives, accepting the order to furnish and deliver labor and material covered by this specification.

The term "Authority or Purchaser” used in this specification means the Beaver County Transit Authority or its duly authorized representative having to do with the purchase, inspection, testing, accepting, or rejecting of the product called for in this specification.

Should these Standard Clauses differ or disagree with the Instructions to Bidders, General Conditions, or Supplementary General Conditions, the Standard Clauses shall prevail.

1.18 Errors and Omissions

The supplier will not be allowed to take advantage of any errors or omissions in this specification. Full instructions to correct errors or omissions will be given to the supplier should errors or omissions be called to the attention of the Authority.

1.19 Rejection

Failure of any of the material, or of a sample or samples therein to satisfactorily meet inspection will be cause for rejection of the material furnished under this specification. The supplier shall pay rejected material transportation charges both ways.

1.20 Changes

The Authority reserves the right to reject any or all bids. All Authority changes to the specifications will be made by written addendum.

1.21 Submission of Bids

(a) Sealed bids on forms provided in the bid packet, will be received by the Beaver County Transit Authority (BCTA), 200 W. Washington Street, Rochester, PA 15074 until 3:30 PM ET time on Tuesday, January 15, 2019. Bids will be opened and publicly read aloud for tabulation at 3:30 PM ET at the same location listed above.

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(b) The Proposal must include all of the completed forms which are provided. Bids submitted in any other form will be considered nonresponsive and will be rejected. Bids must also include all clauses and certifications.

(c) Order of all Bid submissions must be in the following manner:1. A Gasoline Fuel Bid Form & Subsequent

Fuel Price Agreement (Appendix A) with Signed Acknowledgment of Addendum(s) if applicable

2. References – Include a list of three references (Name, phone and address) in which similar services were provided in the past

year. 3. Executed Federal and State Clauses & Certifications Required Of

Bidders (Appendix B) (# 1-8)

. Part 2 BCTA UNLEADED GASOLINE BID SPECIFICATIONS/QUANTITIES

2.01 Description of Bid

The Authority is requesting a fixed price per gallon for unleaded gasoline fuel for a contract beginning February 1, 2019 through January 31, 2020 (Term 1 = 12 months) or February 1, 2018 through July 31, 2020 (Term 2 = 18 months) or February 1, 2018 through January 31, 2021 (Term 3 = 24 months. Bidder’s terms of payment shall also be explained on the bid sheet.

2.02 Delivery and Quantity

The fuel is to be delivered to BCTA’s Expressway Travel Center located at 131 Pleasant Drive, Suite 7, Aliquippa, PA 15009 within 24 hours after a request for delivery and based on BCTA’s delivery schedule. The address and schedule are listed below.

BCTA 131 Pleasant Drive Aliquippa, PA 15001 .

Deliveries from 4:00 AM to 12:30 PM EST Monday through Friday

The total fuel purchase will be based on the actual amount of unleaded gasoline fuel ordered and delivered to the Authority

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2.03 Quality

The Authority requires unleaded 87 octane gasoline; not to exceed 10% ethanol.

At the time of each tanker delivery, the Authority shall be presented with the tanker loading slip from the fuel terminal. Said loading slip shall specify the product being delivered with the specifications set forth by the Authority.

2.04 Storage Capability

(a) Gasoline: 1 -2,500 gallon gasoline tank

2.05 Contract Duration

The contract will be for one of the above terms inclusive. Upon thirty (30) days written notice the Authority may terminate this contract. The Authorities reserve the right to extend the contract for one of the above terms if the supplier agrees to the continuation of the pricing structure.

2.06 Warranty

The bidder shall warrant that all delivered fuel will conform to the published specifications and will be free from impurities. The product must be first quality and shall be subject to testing, at the suppliers’ expense, to assure compliance with contractual specifications. If, at any time, the fuel fails to meet the specification, the supplier shall thereupon correct the deficiency at his own expense and shall be liable for any mechanical failures resulting from the deficiency. The Authority must notify the supplier promptly of any such deficiencies. Fuel supplier will be responsible for any and all fines of noncompliance with the EPA requirements.

2.07 References

All bidders shall submit a list of at least three references including company name, company address, and contact person and phone number. The bidder shall have had related experience with the references providing the product bid.

2.08 Required Contract Provisions

All bidders must comply with Federal Transit Administration requirements for third party contracting.

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2.09 Late Bids

Bids received after 3:30 PM ET Tuesday, January 15, 2019 at the 200 W. Washington Street, Rochester, PA 15074 office will be returned to the respective bidder.

2.10 Questions and Clarifications

All requests for clarifications of the bid specifications or questions shall be put in writing no later than 12 PM ET on Friday, January 11, 2019 and directed to Mary Jo Morandini; BCTA General Manager at [email protected].

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APPENDIX A

THE AUTHORITY UNLEADED GASOLINE FUEL BID FORMS &SUBSEQUENT FUEL PRICE AGREEMENT

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THE AUTHORITY BID FORMS & SUBSEQUENT FUEL PRICE AGREEMENT

FIXED PRICE FOR UNLEADED GASOLINE FUEL

The undersigned hereby agrees to furnish UNLEADED GASOLINE Fuel in accordance with the specifications attached to this form and on file in the offices of the BCTA at 200 West Washington Street, Rochester, PA 15074.

A. Basic Data1. Product Identification Identify fuel type

2. Terms of Payment will be made in accordance of accepted terms.

3. Supply Period February 1, 2019 through January 31, 2020

OR February 1, 2019 through July 31, 2020

OR February 1, 2019 through January 31, 2021

4. Product Specifications The name of the refiner and a copy of the refiner’s specifications shall be attached to this proposal. Must meet 2.03 Quality requirements in bid document.

5. Delivery Points BCTA - 131 Pleasant Drive, Aliquippa, PA 15001 Deliveries from 4:00 AM to 12:30 PM EST Monday through Friday

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C. Term #1 - February 1, 2019 through January 31, 2020 – 12 month

BCTA Fixed Price - Price Per Gal. (Gasoline)BCTA approximate 81,000 gallons (Net 30 days)

ALTERNATIVE PRICING TERMSPrice Per Gal. (Fixed price)

___________________ Price Per Gallon(Net 30 days)

_______________(Alternative Terms Pricing)

___________# of days (must be specified)

D. Term #2 - February 1, 2019 through July 31, 2021– 18 month






E. Term #3 - February 1, 2019 through January 31, 2021– 24 month






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ACKNOWLEDGMENT OF ADDENDAFailure to acknowledge receipt of all addenda may cause the bid to be considered nonresponsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Bid. The undersigned acknowledges receipt of the following addenda to the documents, if needed:

Addendum No. _______________________ Dated _____________

Addendum No. _______________________ Dated_____________

The undersigned understands that any condition stated above, clarification made to the above or information submitted on or with this form -- other than that requested -- will render the bid unresponsive. Upon contract award, this form serves as the price guarantee for the life of the selected contract. Total fuel purchase will be based on actual gallons of gasoline delivered to the Authority during the contract period.

Name of Individual, Partnership or Corporation___________________________________________________________

Address______________________________________________________________

Authorized Person______________________ _Signature_______________________

Title___________________________________Date__________________________

Phone #_______________________________EMAIL__________________________

Point of Contact (if other than Authorized Person above):

Name:________________________________________________________________

Title__________________________________________________________________

Phone #_______________________________EMAIL__________________________

--

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COMPLETED BY BCTA UPON AWARD

The Authority hereby enters into a Gasoline Fuel Supply and Delivery

contract with __________________________________________ for a

contract term of _____________ month(s) at the Term # _______ price

of________________ per gallon delivered to the BCTA.

Authorized Person_______________________ Signature_______________________

Title___________________________________ Date___________________________

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BEAVER COUNTY TRANSIT AUTHROITY (BCTA) BID PROTEST PROCEDURES Part I. Beaver County Transit Authority (BCTA) Procedures A. General: Protests will only be accepted by BCTA from prospective bidders or offerors whose direct economic interest would be affected by the award of a contract or refusal to award a contract. The Authority will consider all such protests, whether submitted before or after the award of a contract. The Authority will notify FTA of all protests received. All protest must be in writing and conform to the following requirements:

1. Be concise and legally arranged;2. Provide name, address and telephone numbers of protester;3. Identification of the solicitation or contract number;4. Provide a clear and detailed statement of legal and factual grounds of the protest including

copies of all relevant documents;5. A statement as to what is requested.

B. Protest Before Award

1. General: Protest before award must be submitted within the time frame as specified below. If

the written protest is not received by the time period specified, the bid or evaluation shall

continue.

2. Protest before bid opening: Protests addressing the adequacy of the Request for Proposals (RFP) or Invitation for Bids (IFB), including the pre-award procedure, the instruction to Proposers, general terms and conditions, specifications and scope of work, must be filed with BCTA not less than seven (7) full working days before bid opening. Thereafter, all issues and appeals are deemed waived by all interested parties. Upon receipt of the written protest, BCTA will determine if the bid opening should be postponed.If the opening is postponed, the Authority will immediately contact prime contractors and subcontractors who have been furnished a copy of the specifications that a protest has been filed and that the opening is postponed until a final decision is issued. Any appropriate addenda will be issued regarding a rescheduling of the bid opening. Any protest may be withdrawn at any time before BCTA has issued its decision.

3. Protest after bid opening: A protest of a decision of BCTA to award a contract to a prime contractor or a subcontractor must conform to A. above and be received by the Authority within ten (10) full working days of its decision. Thereafter, such decisions are deemed waived by all interested parties.In addition, when a protest against the making of an award is received and BCTA determines to withhold the award pending disposition of the protest, the bidders (whose bids might become eligible for award) shall be requested, before expiration of the time for acceptance of bids, to extend the time for acceptance (with the consent of sureties, if any) to avoid the need for re advertising. When a written protest against making an award is received, the award shall not be made until five (5) days after the matter is resolved. The Authority may, however, proceed to make an award if it determines that: a. The items to be procured are urgently requested, or;b. Delivery or performance will be unduly delayed by failure to make the award promptly, or;c. Failure to make a prompt award will otherwise cause undue harm to BCTA, the

Commonwealth of Pennsylvania or the Federal Government. In the event BCTA determines that an award is to be made during the five day period or

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during the pendency of a protest, the FTA will be notified prior to the making of the award. The FTA reserves the right not to participate in such procurement. If an award is made, the appropriate documents will be prepared to explain the need for the award with notice to the protestor and other concerned parties.

C. Protest after award: Protest against an award must be filed with BCTA within five (5) full working

days immediately following the award. This protest shall conform to requirements of A. above. Thereafter, such issues are deemed waived by all interested parties.

Although the number of persons involved in or affected by the filing of a protest may be limited to instances where an award has been made, the contractor shall be furnished with the notice of protest and related information. Also, if it appears that the award may be invalidated and a delay in receiving the supplies or service is not prejudicial to BCTA interest, the Authority shall consider a mutual agreement with the contractor to suspend performance on a no-cost basis.

D. Beaver County Transit Authority decision on the protest: The Authority shall render its decision in

writing within fourteen (14) working days form the receipt of the written protest and shall provide the notice of this decision to all interested parties. Following an adverse decision by the Authority, the protestor may file a protest with the Federal Transit Administration (FTA).

Part II: FTA Review of Protest

1. FTA will only review protests regarding the alleged failure of BCTA to have written protest

procedures or alleged failure to follow such procedures.

2. Alleged violations on other grounds are under the jurisdiction of the appropriate State or local administrative or judicial authorities. Alleged violations of a specific Federal requirement that provides an applicable complaint procedure shall be submitted and processed in accordance with that Federal regulation.

3. FTA will only review protests submitted by an interested party as defined in Paragraph B, below.

A. Remedy: FTA’s remedy for BCTA’s failure to have written protest procedures or failure to follow

such procedures is limited to requiring the Authority to develop such procedures, if necessary, and follow such procedures in reviewing the protest at issue if the Authority desires FTA financial participation in the contract in question. In instances where BCTA has awarded to another bidder or offeror prior to FTA’s decision on the protest, the FTA may refuse to participate in funding the contract.

B. Definitions: For the purposes of these Protest Procedures, the following definitions apply:

1. “Days” refers to working days of the Federal Government;2. “File” or “submit” refers to the date of receipt by FTA;3. “Interested Party” means an actual or prospective bidder or offeror whose direct economic

interest would be affected by the award of the contract or by failure to award the contract;4. “Bid” includes the term “offer” or “proposal” as used in the context of negotiated

procurements.

C. Time for Filing:

a. Protesters shall file a protest with the FTA not later than five (5) working days after a final decision is rendered under BCTA’s protest procedure. In instances where the protester alleges that the Authority failed to make a final determination on the protest, protesters shall file a protest with the FTA not later than five (5) working days after the protester knew or should have known of the Authority’s failure to render a final determination on the protest.

b. BCTA shall not award a contract for five (5) working days following its decision on a bid

protest except in accordance with the provisions and limitations of subparagraph G. After five 16

(5) days, the Authority shall confirm with the FTA that the FTA has not received a protest on the contract in question.

D. Submission of Protest to FTA:

a.Protests should be filed with the appropriate FTA Regional Office with a concurrent copy to

BCTA.

b.The protest filed with FTA shall:1. Include the name and address of the protestor;2. Identify BCTA’s project number and the number of the contract solicitation;3. Contain a statement of the grounds for protest and any supporting documentation. This

should detail the alleged failure to follow the protest procedures or the alleged failure to have procedures and be fully supported to the extent possible;

4. Include a copy of the local protest filed with BCTA and a copy of BCTA’s decision, if any.

E. Beaver County Transit Authority Response:

a.FTA shall notify the Authority in a timely manner of the receipt of a protest. FTA shall instruct the Authority to notify the contractor of the protest if award has been made or, if no award has been made, to notify all interested parties. The Authority shall instruct all who received such notice that they may communicate further directly with the FTA.

b.The Authority shall submit the following information not later than ten (10) days after receipt of

notification by the FTA of the protest:

1. A copy of BCTA’s protest procedures;2. A description of the process followed concerning the protestor’s protest; and3. Any supporting documentation.

b. The BCTA shall provide the protestor with a copy of the above submission.

F. Protestor Comments:

The protestor must submit any comments on the BCTA’s submission not later than ten (10) days after the protestor’s receipt of the Authority’s submission.

G. Withholding of Award:

When a protest has been timely filed with the BCTA before award, the Authority shall not make an award prior to five (5) days after the resolution of the protest, or if a protest has been filed with the FTA, during the pendency of that protest, unless the Authority determines that:

a.The items to be procured are urgently required;b.Delivery or performance will be unduly delayed by failure to make the award promptly; orc.Failure to make prompt award will otherwise cause undue harm to the BCTA or the

Federal Government.

In the event that the BCTA determines that the award is to be made during the five (5) day period following the local protest decision or the pendency of a protest, the Authority shall notify the FTA prior to making such award. FTA will not review the sufficiency of the Authority’s determination to award during the pendency of a protest prior to the FTA’s bid protest decision. FTA reserves the right not to participate in the funding of any contract awarded during the pendency of a protest.

H. FTA Action:

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Upon receipt of the submission, the FTA will either request further information or a conference among the parties, or will render a decision on the protest.

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APPENDIX B

APPLICABLE FEDERAL AND STATE CLAUSES & CERTIFICATIONS

REQUIRED OF ALL BIDDERS

Bidders must review, sign and return all of Appendix B with Bid Proposals.

1. NO GOVERNMENT OBLIGATIONS TO THIRD PARTIES :a. The Federal Government is not a party to this contract and shall not be subject to any

obligations or liabilities to the 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 the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

2. PROGRAM FRAUD AND FRAUDULENT STATEMENTS: The Contractor and its subcontractors acknowledge 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 contract. The Contractor and its subcontractors certify or affirm the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this 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 or its subcontractors to the extent the Federal Government deems appropriate.

2. AUDIT AND INSPECTION OF BOOKS AND RECORDS

a. Audit and Inspection. The Contractor shall permit the authorized representatives of BCTA, U.S. Department of Transportation, the Pennsylvania Department of Transportation and the Comptroller General of the United States to inspect and audit all data and records of the Contract or relating to its performance and its subcontracts under this Contract from the date of the Contract and for three (3) years after completion or termination of the Contract.

b. Record Retention. The Contractor further agrees to include in all their subcontracts hereunder a provision to the effect that the subcontractor agrees that BCTA, the U.S. Department of Transportation, the Pennsylvania Department of Transportation and the Comptroller General of the United States or any of their duly authorized representatives shall, until the expiration of three (3) years after final payment under the subcontract,

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have access to and the right to examine any directly pertinent books, documents, papers, and records of each Subcontractor, involving transactions related to the Subcontractor. The term "Subcontractor" as used in this clause excludes: (1) Purchase Orders not exceeding $10,000; and (2) subcontracts or Purchase Orders for public utility services at rates established for uniform applicability to the general public.

3. NOTICE OF FEDERAL REQUIREMENTS: The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed herein, as they may be amended or promulgated from time to time during the term of this contract, unless the Federal Government determines otherwise. The Contractor’s failure to so comply shall constitute a material breach of this contract. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any BCTA requests which would cause BCTA to be in violation of the FTA terms and conditions.

4. EQUAL EMPLOYMENT OPPORTUNITY: 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 and its subcontractor agree to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq. and any implementing requirements the FTA may issue. The Contractor and its subcontractors agree that it shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age or national origin. The Contractor and its subcontractors shall take affirmative action to insure that applicants are employed, and the employees are treated during employment, without regard to their race, color, creed, sex, disability, age or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off 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.

6. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: During the performance of this contract, the Contractor and its subcontractors shall comply with all requirements prohibiting discrimination against any employee or applicant for employment on the basis of race, color, creed, sex, age, disability or national origin in accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. ¶ 2000d; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. ¶¶ 1681-1683, 1685-88, with implementing U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. Part 25; Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. ¶ 6102; 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; Section 202 of the American With Disabilities Act of 1990, 42 U.S.C. ¶ 12132; Federal transit law at 49 U.S.C. ¶ 5332; and U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act,” 49, C.F.R. Part 21, and any implementing requirements FTA may issue.

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7. TERMINATION:

A. Termination For Convenience: BCTA may terminate this contract, in whole or in part, with 30 days written notice to the Contractor. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to BCTA to be paid the Contractor. If the Contractor has any property in its possession belonging to BCTA, the Contractor will account for the same, and dispose of it in a manner BCTA directs.

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

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

BCTA in its sole discretion may, in the case of a termination for default, allow the Contractor a reasonably short period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.

C. Termination for Cost Type Contracts: BCTA may terminate this contract, or any portion of it, by serving a notice of termination on the Contractor. The notice shall state whether the termination is for the convenience of BCTA 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 from funds received from BCTA, or property supplied to the Contractor by BCTA. If the termination is for default, BCTA 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 BCTA and the parties shall negotiate the termination settlement to be paid the Contractor.

If the termination is for the convenience of BCTA, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provides for a fee, in proportion to the work performed up to the time of termination.

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If, after serving notice of termination of default, BCTA determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the Contractor, BCTA, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as termination for convenience.

5. DISADVANTAGED BUSINESS ENTERPRISES : The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

BCTA solicits and encourages participation by Disadvantaged Business Enterprises. DBE’s shall be afforded full consideration of their response and will not be subject to discrimination.

The Contractor shall submit Certificate 5-1, “Disadvantaged Business Enterprise Certification”, with its bid or proposal and the information requested on Certificate 5-3 if the Contractor and/or a subcontractor(s) is a Disadvantaged Business Enterprise.

9. FTA TERMS AND DEFINITIONS: The Contractor agrees that the definitions and terminology included in FTA Circular C.4220.1F (November 1, 2008) and the FTA Master Agreement shall be incorporated into the contract by reference.

6. DEBARRED AND SUSPENDED BIDDERS : The Contractor agrees to comply, and assures the compliance of its subcontractors or a participant at any tier of the Project, with Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. ¶ 6101 note, and U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR Part 1200, which adopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement),” 2 CFR Part 180. The Contractor agrees to, and assures that its subcontractors for any lower tier participant will, review the “Excluded Parties Listing system at http://epls.gov/ before entering into any contractual arrangement in connection with this Project. For any contract and subcontract exceeding $25,000, the contractor and subcontractor shall submit a debarment and suspension certificate or an explanation as to why the signed certification cannot be provided. (See Certificate 6) The certification is a material representation of fact upon which reliance was placed when the transaction was entered into. If it is later determined that the contractor or subcontractors knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, BCTA may pursue available remedies, including suspension and/or debarment. The contractor or subcontractors shall provide immediate written notice to BCTA if at any time the contractor or subcontractors learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

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11. RESOLUTION OF DISPUTES: (clause required in contract over $100,000)A. Disputes - Disputes arising in the performance of this contract which are not resolved

by agreement of the parties shall be decided in writing by the authorized representative of BCTA. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Board of Directors. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Board of Directors shall be binding upon the Contractor and the Contractor shall abide by the decision.

B. Performance During Dispute - Unless otherwise directed by BCTA, Contractor shall continue performance under this Contract while matters in dispute are being resolved.

C. Claims for Damages - Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or any of his employees, agents or others for those acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

D. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between BCTA and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the Commonwealth of Pennsylvania.

E. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by BCTA or its representative shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing.

12. PROTEST AND APPEAL PROCEDURES : These procedures are in compliance with FTA Circular 4220.1F (November 1, 2008). If no protests are received, BCTA shall execute a contract with the bidder to whom the award was made.

Any party aggrieved by a solicitation or award of a contract may protest to BCTA’s General Manager, in writing, within seven (7) working days after such aggrieved party knew or should have known of the facts giving rise thereto. Such protest shall include the detailed facts leading up to the protest.

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BCTA’s General Manager is authorized to settle and resolve any protest relating to the solicitation or contract award. In the absence of a settlement, the BCTA General Manager shall respond to a written protest within seven (7) working days of its receipt. A pending protest shall halt the procurement until the controversy is resolved, unless, in the opinion of the General Manager, the award of the contract without delay is necessary to protect the substantial interests of the Authority. The decision of BCTA will be set forth in writing with reasons stated and shall be final and conclusive. Protests should be transmitted to: BCTA General Manager, Beaver County Transit Authority, 200 West Washington Street, , PA 15074.

Within five (5) working days of the actual or constructive notice of the final decision rendered under BCTA's protest procedures, interested parties as defined by the FTA Circular may file a protest to appeal the decision of BCTA with the FTA Region III or Headquarters office. Likewise, an interested party must provide its appeal to the FTA Region III or Headquarters office within five (5) days of the date when the interested party has identified other grounds for appeal to the FTA. For example, other grounds for appeal include BCTA’s failure to have or failure to comply with its protest procedures or failure to review the protest. The FTA will provide BCTA with a notice indicating the nature of the appeal.

When an award has been made, BCTA will furnish the protestor and FTA with a copy of BCTA's protest procedures and any supporting documentation within ten (10) working days of confirmation that a protest has been filed. When no award has been made, then all interested parties shall be notified and may respond to FTA. The protestor may submit to FTA any comments on BCTA's submission no later than ten (10) working days after the protestor's receipt of BCTA's submission.

After all materials have been submitted, FTA will review the protest received. The FTA’s review of protests received will be limited to a grantee’s failure to have or follow its protest procedures, its failure to review a complaint or protest or violations of Federal law or regulations. This is the only basis upon which the FTA will entertain and review protests by an interested party. Alleged violations of state or local law or regulations will be referred by the FTA to the state or local authority having proper jurisdiction.

Failure of a protestor to comply with the time limits stated in this section will result in dismissal of the protest by BCTA.

13. LOBBYING: Section 1352 of Title 31, U.S. Code provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, an employee of a Member of Congress or a member or employee of a State legislature in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. The Contractor and its subcontractors shall certify that no federal appropriated funds have been expended for the lobbying activities described in Section 1352 of Title 31, U.S. Code. The Contractor and its subcontractors shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has

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made lobbying contacts on its behalf with non-Federal funds with respect to the covered Federal actions as described by 31 U.S.C. 1352. For any contract and subcontract exceeding $100,000, the Contractor and subcontractor(s) will submit a Lobbying Certificate. (See Certificate 4). Contractors who engage in lobbying activities are required to file Standard Form—LLL, “Disclosure of Lobbying Activities” in accordance with Section 1352 of Title 31, U.S. Code.

14. CLEAN AIR REQUIREMENTS : For all contracts and subcontracts in excess of $100,000, the

Contractor and its subcontractors agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The Contractor and its subcontractors agree to report the use of facilities placed or likely to be placed on EPA’s “List of Violating Facilities”, refrain from using violating facilities and report each violation to BCTA and BCTA will, in turn, report each violation as required resulting from any project implementation activity of a contractor or itself to FTA and appropriate U.S. EPA Regional Office as provided in Section 114 of the Clean Air Act, as amended, 42 U.S.C. ¶ 7414, and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. ¶¶ 7401 et seq..

15. CLEAN WATER REQUIREMENTS : For all contracts and subcontracts in excess of $100,000, the Contractor and its subcontractors agree to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. ¶ 1251 et seq. The Contractor and its subcontractors agree to report the use of facilities placed or likely to be placed on EPA’s “List of Violating Facilities”, refrain from using violating facilities and report each violation to BCTA and BCTA will, in turn, report each violation as required resulting from any project implementation activity of a contractor or itself to FTA and appropriate U.S. EPA Regional Office as provided for in Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. ¶ 7414, and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. ¶¶ 7401 et seq.

16. FLY AMERICA : The Contractor understands and agrees that the Federal Government will not participate in the costs of international air transportation of any persons involved in or property acquired for the Project unless that air transportation is provided by U.S. flag air carriers to the extent service by U.S.-flag air carriers is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. ¶ 40118 (the “Fly America” Act), and with U.S. GSA regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. ¶¶ 301-10.131 through 301-10.143.

17. ENVIRONMENTAL PROTECTION : The Contractor and its subcontractors agree to comply with all applicable requirements and implementing regulations of the National Environmental Policy Act of 1969, as amended, (NEPA) 42 U.S.C. §§ 4321 through 4335 (as restricted by 42 U.S.C. § 5159, if applicable), Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” 42 U.S.C. § 4321 note; FTA statutory requirements on environmental matters at 49 U.S.C. § 5324(b).; U.S. Council on Environmental Quality regulations on compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; joint FHWA/FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. Part 771 and 49 C.F.R. Part 622; and other applicable Federal environmental protection regulations that may be promulgated at a later date.

18. ENERGY CONSERVATION REQUIREMENTS : Contractor agrees to recognize and 25

comply with the mandatory standards and policies relating to energy efficiency that are contained in the Pennsylvania State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act 42 U.S.C. ¶ 6321 et seq.

19. MITIGATION OF ADVERSE ENVIRONMENTAL EFFECTS : Should the Project cause or result in adverse environmental effects, the Contractor agrees to assist BCTA in taking all reasonable measures to minimize those adverse effects as required by 49 U.S.C. ¶ 5324(b), and other applicable Federal laws and regulations.

20. Patent Rights – a. General. If any invention, improvement, or discovery of the Recipient or of any subrecipient, lessee, third party contractor, or other participant at any tier of the Project is conceived or first actually reduced to practice in the course of or under the Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Recipient agrees to notify FTA immediately and provide a detailed report in a format satisfactory to FTA. b. Federal Rights. The Recipient agrees that its rights and responsibilities, and those of each subrecipient, lessee, third party contractor, or other participant at any tier of the Project, pertaining to that invention, improvement, or discovery will be determined in accordance with applicable Federal laws and regulations, including any waiver thereof. Absent a determination in writing to the contrary by the Federal Government, the Recipient agrees to transmit to FTA those rights due the Federal Government in any invention, improvement, or discovery resulting from that subagreement, third party contract, third party subcontract, or arrangement, as specified in 35 U.S.C. §§ 200 et seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 C.F.R. Part 401, irrespective of the status of the Recipient, subrecipient, lessee, third party contractor or other participant in the Project (i.e., a large business, small business, State government, State instrumentality, local government, Indian tribe, nonprofit organization, institution of higher education, or individual).

21. NOTICE OF FEDERAL PARTICIPATION: The Contractor agrees to specify the amount of federal assistance in any subcontract having an aggregate value of $500,000 or more for goods and services, including construction services, and to express the amount of federal assistance as a percentage of the total cost of that subcontract.

22. PROHIBITED INTEREST: No member, officer, or employee of BCTA, during their tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds there from. BCTA's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements.

23. INTEREST OF MEMBERS OR DELEGATES TO CONGRESS: No member or delegate to the Congress of the United States shall be admitted to any share or part of this contract or receive any benefit arising there from.

24. INSURANCE:

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(A) At a minimum, the Contractor shall comply with the insurance requirements imposed by the Commonwealth of Pennsylvania and the Beaver County governments or as otherwise required or defined in the specifications for the project.

(B) In accordance with section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4012(a), the contractor assures that, in the course of implementing the project, it will obtain appropriate insurance for any real estate acquired or construction undertaken, having an insurable cost of $10,000 or more, within any special flood hazard area as identified by the Federal Insurance Administrator. It is understood that such insurance is available in the participating area through the U.S. Federal Emergency Management Agency's National Flood Insurance Program.

25. SEAT BELT USE : Pursuant to Executive Order No. 13043, April 16, 1997, 23 U.S.C. ¶ 402, the Contractor and its subcontractors are encouraged to adopt on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-operated vehicles.

26. ADA REQUIREMENTS: The Contractor agrees to comply with all applicable requirements of the American with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; 49 U.S.C. app. 5301(d); the Architectural Barriers Act of 1968, as amended, 42 U.S.C. ¶¶4151et seq; and the following regulations and any amendments thereto:

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

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

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

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

(E) DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. part 26;

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

(G) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the American with Disabilities Act," 29 C.F.R. Part 1630;

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

(I) U.S. ATBCB regulations, “Electronic and information Technology Accessibility Standards,” 36 CFR Part 1194; and

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

26. Rights in Data and Copyrights - a. Definition. The term “subject data,” as used in this Section27

18 of this Master Agreement means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Grant Agreement or Cooperative Agreement for the Project. Examples include, but are not limited to: computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information. “Subject data” do not include financial reports, cost analyses, or other similar information used for Project administration. b. General. The following restrictions apply to all subject data first produced in the performance of the Grant Agreement or Cooperative Agreement for the Project: (1) Except for its own internal use, the Recipient may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Recipient authorize others to do so, without the prior written consent of the Federal Government, unless the Federal Government has previously released or approved the release of such data to the public. (2) The restrictions on publication of Paragraph 18.b(1) of this Master Agreement, however, do not apply to a Grant Agreement or Cooperative Agreement with an institution of higher learning. c. Federal Rights in Data and Copyrights. The Recipient agrees to provide to the Federal Government a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes the subject data described in this Subsection 18.c of this Master Agreement. As used herein, “for Federal Government purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not provide or otherwise extend to other parties the Federal Government’s license to: (1) Any subject data developed under the Grant Agreement or Cooperative Agreement for the Project, or under a subagreement, lease, third party contract or other arrangement at any tier of the Project, supported with Federal assistance derived from the Grant Agreement or Cooperative Agreement for the Project, whether or not a copyright has been obtained; and (2) Any rights of copyright to which a Recipient, subrecipient, lessee, third party contractor, or other participant at any tier of the Project purchases ownership using Federal assistance. d. Special Federal Rights in Data for Research, Development, Demonstration, and Special Studies Projects. In general, FTA’s purpose in providing Federal assistance for a research, development, demonstration, or special studies Project is to increase transportation knowledge, rather than limit the benefits of the Project to Project participants. Therefore, when the Project is completed, the Recipient agrees to provide a Project report that FTA may publish or make available for publication on the Internet. In addition, the Recipient agrees to provide other reports pertaining to the Project that FTA may request. The Recipient agrees to identify clearly any specific confidential, privileged, or proprietary information it submits to FTA. In addition, FTA Master Agreement MA(17), 10-1-2010 50 except to the extent that FTA determines otherwise in writing, the Recipient of Federal assistance to support a research, development, demonstration, or a special studies Project agrees that, in addition to the rights in data and copyrights that it must provide to the Federal Government as set forth in Subsection 18.c of this Master Agreement, FTA may make available to any FTA recipient, subrecipient, third party contractor, third party subcontractor or other participant at any tier of the Project, either FTA’s license in the

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copyright to the subject data or a copy of the subject data. If the Project is not completed for any reason whatsoever, all data developed under the Project shall become subject data as defined in Subsection 18.a of this Master Agreement and shall be delivered as the Federal Government may direct. This Subsection 18.d, however, does not apply to adaptations of automatic data processing equipment or programs for the Recipient’s use when the costs thereof are financed with Federal assistance through an FTA capital program. e. License Fees and Royalties. FTA considers income earned from license fees and royalties for copyrighted material, or trademarks produced under the Project to be program income. Except to the extent FTA determines otherwise in writing, as provided in 49 C.F.R. Parts 18 and 19, the Recipient has no obligation to the Federal Government with respect to that program income, apart from compliance with 35 U.S.C. §§ 200 et seq., which applies to patent rights developed under a research project. f. Hold Harmless. Except as prohibited or otherwise limited by State law or except to the extent that FTA determines otherwise in writing, upon request by the Federal Government, the Recipient agrees to indemnify, save, and hold harmless the Federal Government and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Recipient shall not be required to indemnify the Federal Government for any such liability caused by the wrongful acts of Federal employees or agents. g. Restrictions on Access to Patent Rights. Nothing in Section 18 of this Master Agreement pertaining to rights in data shall either imply a license to the Federal Government under any patent or be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent. h. Data Developed Without Federal Funding or Support. In connection with the Project, the Recipient may find it necessary to provide data to FTA developed without any Federal funding or support by the Federal Government. The requirements of Subsections 18.b, 18.c, and 18.d of this Master Agreement do not apply to data developed without Federal funding or support by the Federal Government, even though that data may have been used in connection with the Project. Nevertheless, the Recipient understands and agrees that the Federal Government will not be able to protect data from unauthorized disclosure unless that data is clearly marked “Proprietary” or “Confidential.” i. Requirements to Release Data. To the extent required by U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, FTA Master Agreement MA(17), 10-1-2010 51 Hospitals, and Other Non-Profit Organizations,” at 49 C.F.R. § 19.36(d), or other applicable Federal laws or Federal regulations, the Recipient understands and agrees that the data and information it submits to the Federal Government may be required to be released in accordance with the Freedom of Information Act (or another Federal law or Federal regulation providing access to such records).

28. PROTECTION OF SENSITIVE SECURITY INFORMATION: The Contractor shall protect,

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and take measures to ensure its subcontractors at each tier protect, “sensitive security information” made available during the administration of a third party contract or subcontract to ensure compliance with 49 U.S.C. Section 40119(b) and implementing DOT regulations, “Protection of Sensitive Security Information,” 49 CFR Part 15, and with 49 U.S.C. Section 114(s) and implementing Department of Homeland Security regulations, “Protection of Sensitive Security Information,” 49 CFR Part 1520. In accordance with 49 U.S.C. Section 40119(b)(1), “sensitive security information” is information obtained or developed in the conduct of security activities, including research and development. The information and records containing such information, that constitute “sensitive security information” is further defined in 49 CFR Part 15.5.

29. TRAFFICKING IN PERSONS: The Contractor, its subcontractors and the employees of the Contractor and its subcontractors that are participating in the Project that is the subject of this Contract and during the period this Contract is in effect may not engage in severe forms of trafficking in persons, procure a commercial sex act or use forced labor in the performance of the Contract. BCTA may unilaterally terminate the Contract for the Project, without penalty to BCTA, if the Contractor, its subcontractors and the employees of the Contractor and its subcontractors are determined to have violated this prohibition. This provision implements the requirements of subsection 106(g) of the Trafficking Victims Protection Act of 2000, as amended, 22 U.S.C. ¶ 7104(g) and U.S. OMB guidance, “Trafficking in Persons: Grants and Cooperative Agreements,” 2 C.F.R. Part 175.

30. BUY AMERICA: The Contractor agrees to comply with 49 U.S.C. 5323(j), with FTA regulations, “Buy America Requirements,” 49 C.F.R. Part 661, and with implementing guidance FTA may issue, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)© and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A Buy America Certificate must be completed and submitted with a bid for any contract exceeding $100,000 for the acquisition of goods or rolling stock and construction contracts. Bids that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. Certificate 1-B1 is completed for projects including the procurement of steel, iron or manufactured products.

31. CARGO PREFERENCE: The Contractor and its subcontractors agree: a) to use privately owned United States-Flag Commercial Vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract to the extent such vessels are available at fair and reasonable rates for United States-Flag Commercial Vessels; b) to furnish within twenty (20) working days following the date of loading for shipments originating within the United States or within thirty (30) working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington DC 20590- and to the BCTA; and c) to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

30

32. RECYCLED PRODUCTS: To the extent practical and economically feasible, the Contractor agrees to provide a competitive preference for product and services that conserve natural resources and protect the environment and are energy efficient as provided for in Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 40.

33. LIQUIDATED DAMAGES: Liquidated Damages in the amount of fifty dollars ($50.00) per calendar day will be assessed against the responsible Contractor for each day after the scheduled completion date the Project is not completed as specified in the contract documents. The Liquidated Damages shall be assessed because the Contractor’s failure to perform its specified scope of work will result in added costs or a loss of revenue to BCTA. The Contractor shall not be liable if performance failures arise out of causes beyond its control and without the fault or negligence of the Contractor.

34. ADA ACCESS: The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of programs or activities receiving Federal financial assistance; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; and with other laws and amendments thereto pertaining to access for individuals with disabilities that may be applicable. In addition, the Recipient agrees to comply with applicable implementing Federal regulations, and any later amendments thereto, and agrees to follow applicable Federal implementing directives, except to the extent FTA approves otherwise in writing. Among those regulations and directives are: (1) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. Part 37; (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. Part 35;

31

(5) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, “Accommodations for the Physically Handicapped,” 41 C.F.R. Subpart 101-19;

35. Not used

36. Not Used

37. Not used

38. BONDING REQUIREMENTS: The Contractor agrees to comply with the bid guarantee, contract performance and payment bonding requirements set forth in the bid documents.

39. SEISMIC SAFETY: The Contractor and subcontractor(s) agree that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in U.S. DOT regulations at 49 C.F.R. Part 41, Executive Order No. 12699, “Seismic Safety of Federal and Federally-Assisted or Regulated New Building Construction,” 42 U.S.C. 7704 note, pursuant to the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S.C. 7701 et seq., (specifically 49 C.F.R. 41.117) and will certify compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.

40. HISTORICAL PRESERVATION: The Contractor agrees to assist BCTA in complying with the Federal historic and archaeological preservation requirements of Section 106 of the National Historic Preservation Act, as amended, 16 U.S.C. ¶ 470f to avoid or mitigate adverse effects on those historic properties.

41. PROMPT PAYMENT: The prime contractor agrees to pay each subcontractor under thisprime contract for satisfactory performance of its contract no later than 14 days from the receipt of each payment the prime contractor receives from BCTA. The prime contractor agrees further to return retainage payments to each subcontractor within 14 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the BCTA. This clause applies to both DBE and non-DBE subcontract. The prime contractor agrees to return retainage payments to each subcontractor within 14 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the BCTA. This clause applies to both DBE and non-DBE subcontracts.

32

42. CONFORMANCE WITH ITS NATIONAL ARCHITECTURE AND STANDARDS.Contractor agrees to conform to the National Intelligent Transportation Systems (ITS)Architecture and Standards as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 note, and to comply with FTA Notice, “FTA National ITS ArchitecturePolicy on Transit Projects” 66 Fed. Reg. 1455 et seq., January 8, 2001, and any subsequent further implementing directives, except to the extent the FTA determines otherwise in writing.

COMMONWEALTH OF PENNSYLVANIA SPECIFIC CONTRACT REQUIREMENTS:

43. NON-COLLUSION STATEMENT: The Antibid-Rigging Act of 1983, 73 P.S. ¶ 1611 et seq., makes it a crime for two or more persons, by concerted activity, to influence the results of a competitive bidding process. A Non-Collusion Statement (Certificate 2) is included in each bid/proposal package and is required to be submitted by each bidder/proposer.

44. COMMONWEALTH NON-DISCRIMINATION CLAUSE: Each bidder/proposer is requested to certify its compliance with the Commonwealth of Pennsylvania’s Non-Discrimination Clause (see Certificate #3).

45. STEEL PRODUCTS PROCUREMENT ACT OF 1978: All steel and cast iron products used or supplied in the performance of this Contract shall be products produced from steel made in the United States in conformity with the Commonwealth of Pennsylvania’s Steel Products Procurement Act of 1978 (Act No. 3 of 1978, P.L. 6 [73 P.S. ¶ 1881 et seq.]) and in full conformity with the Buy America provisions of 49 U.S.C. ¶ 5323(j) and the applicable regulations in 49 CFR Part 661 unless the Bidder specifically sets forth any exceptions on its Bid Form.

46. PROJECT SIGNS: All reports, and other documents completed as part of this Contract, other than documents prepared exclusively for internal use, shall contain an appropriate notice of financial assistance provided by PennDOT.

47. CONTRACTOR INTEGRITY. Each bidder/proposer is requested to certify to its compliance with the Commonwealth of Pennsylvania’s Contractor Integrity clause (see Certificate #7)

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CERTIFICATE 1-B1

BUY AMERICA CERTIFICATION(For Procurement of Steel, Iron or Manufactured Products)

This procurement is subject to the Federal Transit Administration Buy America Requirements in 49 CFR 661 and 49 U.S.C. 5323(j).

This Buy America Certificate must be completed and submitted with the bid for any purchase or contract in excess of $100,000. A bid for any purchase or contract in excess of $100,000 which does not include the certificate will be considered non-responsive.

A waiver from the Buy America Provision may be sought by the Authorities, if grounds for the waiver exist.

49 U.S.C. 5323(j) permits FTA participation on this contract only if steel, iron, and manufactured products used in this contract are produced in the United States.

Certificate of Compliance With 49 U.S.C. 5323(j)(1)

The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR 661.

Date:

Signature:

Company Name:

Title:

orCertificate of Non-Compliance With 49 U.S.C. 5323(j)(1)

The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) but it may qualify for an exception to the requirement pursuant with 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D) and regulations in 49 CFR 661.7.

Date:

Signature:

Company Name:

Title:

5/2007

CERTIFICATE 2

NON-COLLUSION STATEMENTBEAVER COUNTY TRANSIT AUTHORITY200 West Washington Street, PA 15074

______________________________________________________________________

TO: BCTA

The Undersigned, having examined the Specifications, Standard Requirements and other documents and being familiar with the various conditions under which these services, equipment and/or supplies are to be used, agrees to furnish all labor, materials, tools, equipment and services called for in the bid for the prices stated.

The Undersigned hereby certifies that this proposal is genuine and not a sham, collusive, or fraudulent or made in the interest of or in behalf of any person, firm or corporation not herein named, and that the Undersigned has not, directly induced or solicited any Bidder to submit a sham bid or any other person, firm or corporation to refrain from bidding and that the Undersigned has not, in any manner, sought by collusion to secure for themselves an advantage over any other bidder.

Company Name __________________________________________________

Address __________________________________________________

__________________________________________________

Signature __________________________________________________

Printed Name __________________________________________________

Title __________________________________________________

Date __________________________________________________

TRADING AND DOING BUSINESS AS (CHECK ONE)

( ) Individual ( ) Partnership ( ) Corporation

(Seal)

5/2007

CERTIFICATE 3

COMMONWEALTH NON-DISCRIMINATION CLAUSE

1. Contractor shall not discriminate against any employee, applicant for employment, independent contractor or any other person because of race, color, religious creed, ancestry, national origin, age or sex.

Contractor shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age or sex. Such affirmative action shall include, but is not 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.

Contractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provisions of this non-discrimination clause.

2. Contractor shall in advertisements or requests for employment placed by it or on its behalf state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age or sex.

3. Contractor shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of its commitment to this non-discrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by Contractor.

4. It shall be no defense to a finding of noncompliance with the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this non-discrimination clause that Contractor has delegated some of its employment practices to any union, training program or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

5. Where the practices of a union or of any training program or other source of recruitment will result in the exclusion of minority group persons, so that Contractor will be unable to meet its obligations under the Contractor Compliance Regulations issued by Pennsylvania Human Relations Commission, or this non-discrimination clause. Contractor shall then employ and fill vacancies through other non-discriminatory employment procedures.

5/2007

6. Contractor shall comply with the Contract Compliance Regulations of the Pennsylvania Human Relations Commission, 16 PA Code Chapter 49 and with all laws prohibiting discrimination in hiring or employment opportunities. In the event of Contractor's non-compliance with the non-discrimination clause of this contract or with any such laws, this contract may, after hearing and adjudication, be terminated or suspended, in whole or in part, and Contractor may be declared temporarily ineligible for further Commonwealth contracts, and such other sanctions may be imposed and remedies invoked as provided by the Contract Compliance Regulations.

7. Contractor shall furnish all necessary employment documents and records to, and permit access to its books, records and accounts by, the contracting agency and the Human Relations Commission, for purposes of investigation to ascertain compliance with the provisions of the Contract Compliance Regulations, pursuant to PA Code Chapter 49.35 of these Regulations. If Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency or the Commission.

8. Contractor shall actively recruit minority subcontractors or subcontractors with substantial minority representation among their employees.

9. Contractor shall include the provisions of this non-discrimination clause in every subcontract, so that such provisions will be binding upon each subcontractor.

10. The terms used in this non-discrimination clause shall have the same meaning as in the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission, 16 PA Code Chapter 49.

11. Contractor obligations under this clause are limited to the Contractor's facilities within Pennsylvania or where the contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced.

Wherever hereinabove the word Contractor is used it shall also include the word Engineer, Consultant, Researcher, or other Contracting Party as may be appropriate.

___________________________________DATE FIRM NAME

BY:__________________________________SIGNATURE

TITLE

5/2007

CERTIFICATE 4

LOBBYING CERTIFICATE

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

DATE SIGNATURE OF AUTHORIZED OFFICIAL

TITLE OF AUTHORIZED OFFICIAL

(Applies to contracts/subcontracts with a contract sum of $100,000 and over.)

5/2007

CERTIFICATE 5 - 1

DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION

(1) Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement.

(2) DBE Obligation. The supplier or contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all contractors shall take necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.

Failure by the Contractor to carry out these requirements is a material breach of the contract which may result in the termination of this contract or such other remedy as the Authorities deem appropriate.

DATE

SIGNATURE

TITLE

NOTE: This form is to be submitted with the bid proposal. Please attach the names and addresses of any and all DBE eligible prime contractors or subcontractors who will perform work on this project, and the dollar value of each proposed DBE prime contract or subcontract. Please use the attached form (Attachment 5-3) for the DBE eligible contractor or subcontractor(s) to certify to its eligibility.

5/2009

CERTIFICATE 5 - 3Affidavit of Disadvantaged Business Enterprise

(Use only if your firm is a DBE Enterprise)

I HEREBY DECLARE AND AFFIRM that I am the and the duly authorized representative of (the firm of) doing business at (include address, city, state and zip code).

I HEREBY DECLARE AND AFFIRM that the above business is: (check as appropriate)

A firm that is at least 51% owned by one or more individuals who are disadvantaged as defined in 49 CFR Part 26, Subpart D, or

A corporation in which at least 51% of the stock is owned by one or more disadvantaged individuals as defined in 49 CFR Part 26, Subpart D.

And that such firm or corporation has been organized/incorporated since , 20 and is controlled by one or more individuals defined as disadvantaged in 49 CFR Part 26, Subpart D.

FURTHERMORE, I HEREBY DECLARE AND AFFIRM that I will provide such additional information as requested by the Beaver County Transit Authority to document this fact as provided for in 49 CFR Part 26, Subparts D and E.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED, ON BEHALF OF THE ABOVE FIRM, TO MAKE THIS AFFIDAVIT.

AFFIANT: DATE:

On this day of , 20 , before me, , the undersigned officer, personally appeared , known to me to be the person described in the foregoing Affidavit and acknowledged that he/she executed the same in the capacity therein stated and for the purposes therein contained.

In witness thereof, I hereunto set my hand and official seal.

(Notary Public)

My Commission Expires (SEAL)

STATE OF:

COUNTY/CITY OF:

5/2009

CERTIFICATE 6

CERTIFICATION OF PARTICIPANTS REGARDINGDEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY

EXCLUSION

The Participant (a potential sub-grantee or sub-recipient under an FTA project, a potential third party contractor, or a potential subcontractor under a major third party contractor), certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

If the Participant (a potential sub-grantee or sub-recipient under an FTA project, a potential third party contractor, or a potential subcontractor under a major third party contract) is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal.

THE PARTICIPANT (A POTENTIAL SUB-GRANTEE OR SUB-RECIPIENT UNDER AN FTA PROJECT, A POTENTIAL THIRD PARTY CONTRACTOR, OR A POTENTIAL SUBCONTRACTOR UNDER A MAJOR THIRD PARTY CONTRACT) CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature of Authorized Official Title of Authorized Official

Date

(Applies to contracts and sub-contracts over $25,000)

(FAILURE TO COMPLETE THIS FORM AND SUBMIT WITH YOUR PROPOSAL WILL RENDER THE PROPOSAL NON-RESPONSIVE)

5/2009


CERTIFICATE 8

COMMONWEALTH CONTRACTOR INTEGRITY AFFIDAVIT

5/2009

BIDDERS LIST DATA FORMBeaver County Transit Authority (BCTA) is required pursuant to 49 CFR Part 26(c) to create and maintain a comprehensive Bidders List. This Bidders List Data Form will be used to collect bidder information used to determine the relative availability of Disadvantaged Business Enterprise (DBE) and non-DBEs, and will assist with establishing PennDOT’s annual DBE goal. BCTA Bidders List is a compilation of bidders, proposers, quoters, subcontractors, and suppliers of materials and services who have submitted bids during the advertising period of a solicitation for services and/or goods. Please print legibly and provide the following information:

PART A: BUSINESS DATA

1. Business Name:

2. Business Address:

3. Contact Person: Title:

4. Phone: ( ) Fax: ( )

5. Email Address:

6. Is this business a certified DBE under the Pennsylvania Unified Certification Program? Yes_____ No______

7. Age of Business: Years Months

8. Business Annual Gross Receipts:

< $500,000 $500,000 to $1,000,000 $1,000,000 to PART B: PROJECT AND WORK DESCRIPTION

9. Project Name:

10. Provide a brief description of the scope of work, service, and/or materials to be performed or furnished:

11. Provide the NAICS code(s) that best defines your business:

PART C: SIGNATURE

The undersigned hereby declares that the information set forth on this form is current, complete and accurate.

Authorized Signature: Date:

Printed Name:

Any use of the word Authorities throughout this certification shall collectively include Beaver County Transit Authority, Mid Mon Valley Transit Authority, and Westmoreland Transit Authority

_________________________________________, hereinafter referred to as the Contractor, agrees to and certifies that:

1. DEFINITIONSa. “Confidential information” means information that is not public knowledge, or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to contract with the Commonwealth of Pennsylvania or the Authorities.

b. “Consent” means written permission signed by a duly authorized officer or employee of the Commonwealth or the Authorities, provided that where the material facts have been disclosed, in writing, by pre-qualification, bid, proposal, or contractual terms, the Authorities shall be deemed to have consented by virtue of execution of this agreement.

c. “Contractor” means the individual or entity that has entered into this agreement with the Owner, including directors, officers, partners, managers, key employees, and owners of more than five percent (5%) interest.

d. “Financial Interest” means:

(1) Ownership of more than five (5%) percent interest in any business; or

(2) Holding a position as an officer, director, trustee, partner, employee, or the like, or holding any position of management.

e. “Gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans., subscriptions, advances, deposits of money, services, employment, or contracts of any kind.

2. The Contractor shall maintain the highest standards of integrity in the performance of this agreement and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the Commonwealth of Pennsylvania and/or the Authorities.

3. The Contractor shall not disclose to others any confidential information gained by virtue of this agreement.

4. The Contractor shall not, in connection with this or any other agreement with the Owner or the Commonwealth of Pennsylvania, directly or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the Owner or the Commonwealth of Pennsylvania.

5. The Contractor shall not, in connection with this or any other agreement with the Owner or the Commonwealth, directly or indirectly, offer, give, or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee of the Authorities or the Commonwealth.

6. Except with the consent of the Authorities and the Commonwealth, neither the Contractor nor anyone in privity with the Contractor shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work under this agreement except as provided therein.

7. Except with the consent of the Authorities and Commonwealth, the Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material on this project.

5/2009

8. The Contractor, upon being informed that any violation of these provisions has occurred or may occur, shall immediately notify the Authorities in writing.

9. The Contractor, by execution of this agreement and by the submission of any bills or invoices for payment pursuant thereto, certifies and represents that the Contractor has not violated any of these provisions.

10. The Contractor shall, upon request of the Office of State Inspector General or County Controller, reasonably and promptly make available to that office and its representatives, for inspection and copying, all business and financial records of the Contractor of, concerning, and referring to this agreement with the Authorities or which are otherwise relevant to the enforcement of these provisions.

11. For violation of any of the above provisions, the Authorities (or Commonwealth, if applicable) may terminate this and any other agreement with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim liquidated damages for all expenses incurred in obtaining another contractor to complete performance hereunder, and debar and suspend the Contractor from doing business with the Authorities or Commonwealth. These rights and remedies are in addition to those the Commonwealth or the Authorities may have under law, statute, regulations, otherwise.

12. The Contractor is not currently and/or has not been debarred or suspended from doing business with the Commonwealth, the Federal Government, or the Authorities except in the following instances:

(if None write NONE)

1.

2.

CONTRACTOR: _________________________________________

BY: _________________________________________

Signature

State of ________________________ County of ______________________________

Sworn and subscribed to before me this date _________ of __________________,20___

Notary Public:

My Commission Expires:


By signing below, the authorized representative acknowledges the bidder has reviewed and will abide by all applicable BCTA Clauses, Federal and State Clauses and that all of those Clauses become part of the contract document:

___________________________________________________________________________Name of Bidder/Company Name

5/2009

_______________________________________Printed Authorized Representative’s Name

__________________________________Signature of Authorized Representative

_____________________________Date


5/2009

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