3/21/2016 1 Monday, March 21, 2016 Request for Qualifications (RFQ)

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CamTran, Johnstown, PA is soliciting a Request for Qualifications (RFQ) for Engineering Services for the Inclined Plane located in Johnstown, PA. CamTran welcomes you or your business to submit a proposal for the same. If interested, please review the attached information and proposal submittal procedures required by CamTran for consideration of you or your business to perform this request.

REQUEST FOR QUALIFICATIONS (RFQ)

FOR Engineering Services for the Johnstown, Inclined Plane

Issued by: Cambria County Transit Authority 502 Maple Avenue Johnstown, PA 15901 Telephone: 814-535-5526 ext. 222 Fax: 814-536-5951 E-mail: [email protected]

Monday, March 21, 2016 Request for Qualifications (RFQ) Released Friday, March 25, 2016 Voluntary walk through at 1 p.m. at the Inclined Plane Tuesday, March 29, 2016 Request for questions and clarifications due to CamTran by 10 a.m. Thursday, March 31, 2016 Answers to questions and clarifications released by CamTran Tuesday, April 5, 2016 Proposals due by 1 p.m. prevailing time Begins week of April 11, Proposer on-site interviews/negotiations 2016 Week of April 18, 2016 Anticipated issuance of award and Notice to Proceed

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TABLE OF CONTENTS

1.0 CAMTRAN GENERAL BACKGROUND………..…………… ……………………… 4 2.0 THE PROJECT ………....……………………………………………………...... 4 2.1 The Project Process………………………………………………………….. 5 2.2 Type of Procurement……………………………………………………………. 5 2.3 Third Party Contract Clauses & Certifications……………………………… 5 3.0 GENERAL INFORMATION …………………………………………………………… 6 3.1 Definitions………………………………………………………………………… 6 3.2 Regulations…………………………………………………………………….. 6 3.3 RFQ Revisions…………………………………………………………………. 6 3.4 Proposal Submission Schedule ……………………………………………… 6 3.5 Conditions, Exceptions, Reservations or Understandings………………… 7 3.6 Modifications or Withdraw of Proposals……………………………………… 7 3.7 Contractor Responsibility ……………………………………………………... 7 3.8 Requests for Questions and Clarifications………………………………….. 7 3.9 Solicitation Schedule…………………………………………………………... 8 3.10 RFQ as Exclusive Basis for Proposal ……………………………………….. 8 3.11 Authority Right ……………………………………………………..………….. 8 3.12 Proposal Submittal…………………………………………………………….. 8 3.13 Oral Statements ……………………………………………………...... 9 3.14 Applicable Laws Shall Apply …………………………………………………. 9 3.15 Late Submissions ……………………………………………………………… 9 3.16 Withdrawal of Request for Proposal ……………………………………….... 9 4.0 PROPOSAL REQUIREMENTS …………………………………………………….... 9 4.1 General Requirements ……………………………………………………….. 9 4.1.1 Letter of Transmittal/Proposal Requirements ……………………….. 9 4.2 Overview of Proposer ………………………………………………………… 10 4.2.1 Description of Proposer ……………………………………………….. 11 4.2.2 Contractor/Subcontractor Percentage of Work …………………….. 11 4.3 Experience Record …………………………………………………………… 11 4.4 Project Work Plan …………………………………………………………… 12 4.4.1 Methodology ……………………………………………………………. 12 4.5 Project Organization and Management Plan ……………………………… 12 4.5.1 Description of Organization and Management Plan ………………. 12 4.5.2 Joint Venture Requirements …………………………………………. 12 4.6 Required Clauses and Certifications ………………………………………. 13 4.7 Proposal Appendix …………………………………………………………… 13 5.0 PROPOSAL SELECTION PROCESS ……….…………………………………….. 13 5.1 Selection Sequence …………………………………………………………. 13 5.2 Proposal Protest Procedures ………………………………………………. 14 5.3 Minimum Qualifications for Respondents………………………………….. 14 5.4 Instructions and Experience…………………………………………………. 15 6.0 SCOPE OF SERVICES ……………………………………………………………….. 15

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7.0 SERVICES REQUIRED AFTER SELECTION ………………………………………. 15 7.1 Regular Meetings ………………………………………………………………. 15 8.0 SCHEDULE OF WORK ……………………………………………………………….. 16

APPENDIX A - PROPOSER'S REQUESTS, QUESTIONS AND………………………….. 17 CLARIFICATIONS FORM APPENDIX B - ADDITIONAL DETAILS-SCOPE OF SERVICES………………………….. 19 APPENDIX C - CLAUSES & CERTIFICATIONS…………………………………………….. 28

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1.0 CAMBRIA COUNTY TRANSIT AUTHORITY

The Cambria County Transit Authority, hereinafter referred to as the “Authority” or “CamTran”, operates mass transit bus service within Johnstown, Pennsylvania, Cambria County and Windber, Pennsylvania, Somerset County, Pennsylvania. CamTran, Authority and the Cambria County Transit Authority are used interchangeably throughout this document

CamTran operates the Johnstown Inclined Plane, which they took over in 1983 from the Westmont, Pennsylvania borough. The Johnstown Inclined Plane was built in 1891 in the aftermath of the Great Johnstown Flood of 1889 in which 2,200 people perished. In the past 40 years, the Incline has been used by commuters from the West Hills areas to commute to the downtown Johnstown central business district. In addition, nearly 100,000 visitors ride this National Historic Landmark on an annual basis. The Incline is a regional historic attraction and is part of the fabric of the Johnstown/Cambria County community. It also generates a major economic boost to Johnstown and to the region as a whole. The Inclined Plane provides service to the major events of the Thunder in the Valley motorcycle rally, the AAABA baseball tournament and various musical festivals. The Inclined Plane is on the National Historic Register for National Historic Landmarks. Therefore, it is subject to State Historic Preservation Office (SHPO) approval on all rehabilitation materials, etc. The Incline underwent a major rehabilitation in 1984 and now needs to be rehabilitated again.

CamTran welcomes full and open competition of all their services and affords Disadvantaged Business Enterprises (DBEs) full opportunity to respond to all offers and will not discriminate on the basis of race, color, sex or national origin.

2.0 THE PROJECT

CamTran is seeking a Request for Qualifications (RFQ) for engineering services for the Johnstown Inclined Plane from firms that have experience in Inclined Planes and rail projects for the following projects:

 Needs assessment analysis of the Johnstown Inclined Plane to ascertain and prioritize the needs and cost estimates of recommended capital improvements.  Projected timeframe of the improvements(s) in order for CamTran to plan for and seek funding to complete these projects with minimized impact to the operations of the Incline.  Assessment of Inclined Plane Structural Condition Report; which will include, but is not limited to: 1. Assessment of cost of replacing the wooden track ties, and track lighting 2. Assessment of the condition of the rails 3. Assessment of resizing cable sheave grooves (8 wire ropes sheaves) 4. Assessment of suspension for both Inclined cars 5. Assessment of the electrical system as it relates to the Incline 6. Assessment of a Preventative Maintenance (PM) Schedule

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A more comprehensive long term listing is included in Appendix B

2.1 The Procurement Process:

CamTran will us a one-step process to select the successful bidder. This RFQ represents the first step in the process. CamTran will evaluate the Statements of Qualifications (SOQ) received in response to this RFQ. CamTran will select one of the proposers in accordance with the criteria and procedures as set forth in this RFQ.

This RFQ does not commit or bind CamTran to enter into a contract or proceed with the procurement described herein. CamTran assumes no obligations, responsibilities, and liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to or responding to this RFQ. All such costs shall be borne solely by each proposer. The proposer shall be fully and totally responsible for the accuracy and completeness of this RFQ submission and for all work performed and shall hold CamTran harmless and shall be fully liable for any additional costs and claims against CamTran which may arise due to errors, omissions and negligence of the proposer in performing the work. The proposer shall certify its RFQ response and any required plans, specifications, estimates and engineering data furnished by the proposer to CamTran and shall validate that such responses, plans, specifications, estimates and engineering data are in compliance with federal and state regulations.

Once a firm has been selected, a pre meeting will be scheduled to review and confirm understanding of the technical specifications and to finalize a project schedule.

2.2 Type of Procurement

As dictated by Federal Purchasing Requirements, this Request for Qualifications shall follow provisions of the “Brooks Act” (40 U.S.C. §541) for the procurement of architectural and engineering services. The Brooks Act is a method of competitive negotiation that requires that:

 Proposer’s qualifications be evaluated;  Price is excluded as an evaluation factor;  Negotiations be conducted with only the most qualified proposer; and  Failing agreement on price, negotiations with the next most qualified proposer be conducted until a contract award can be made to the most qualified proposer whose price is fair and reasonable to the Authority.

2.3 Third Party Contract Clauses & Certifications:

The Proposer shall demonstrate compliance with certain Third Party Contract Clauses contained herein (Appendix C) by completing all Third Party Contract Certifications and Affidavits attached to this RFQ. Said Certifications and Affidavits shall accompany any and all proposals.

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Proposers are advised to completely review this RFQ, other supporting documentation and to follow the instructions outlined regarding proposal submission. Failure to complete applicable forms found in the Appendix and submit with your proposal will render the proposal non- responsive.

3.0 GENERAL INFORMATION

3.1 Definitions

Throughout this RFQ, the following definitions shall apply:

 Agreement means the negotiated agreement between CamTran and the Contractor to perform the Scope of Services as set forth in this RFQ.  Contract Services means the Scope of Services as defined in the RFQ and as finalized, through negotiations and incorporated into the Agreement.  DBE means Disadvantaged Business Enterprise as defined in 49 C.F.R., Part 26.  FTA means Federal Transit Administration.  Joint Venture means an association of two or more businesses to carry out a single business enterprise for profit for which they combine their property, capital, efforts, skills and knowledge for the purposes of proposing on an RFQ and executing an agreement as a single business entity.  Project means the Engineering Services.  Proposers mean the company, corporation or joint venture which submits a proposal to CamTran, in response to the RFQ, seeking to be selected as the Contractor.  RFQ means the Request for Qualifications.  SHPO means the State Historical Preservation Office

3.2 Regulations

This project will be funded by a combination of sources possibly including the Federal Transit Administration (FTA), the Pennsylvania Department of Transportation (PennDOT) and local funding sources. As such, the contract and resulting services and documents developed pursuant to this RFQ shall be subject to all regulations and any review requirements by those respective agencies and including the appropriate state and local agencies.

3.3 RFQ Revisions

If it should become necessary to revise any part of this Request for Qualifications, an Addendum will be provided to all who received this Request for Qualifications.

3.4 Proposal Submission Schedule

Proposals shall be submitted in hard copy, in a sealed envelope, as indicated in the Advertisement and must be received by the time and date stipulated for receipt of proposals. Proposals not received by the time and date stipulated shall not be considered by CamTran and shall be returned unopened to the Proposer. A Solicitation Schedule is provided in section 3.9.

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3.5 Conditions, Exceptions, Reservations or Understandings

Proposals stating conditions, exceptions, reservations or understandings (hereinafter in this paragraph “deviations”) relating to the RFQ may be rejected by CamTran. Any and all deviations must be explicitly, fully and separately stated in the Proposal, setting forth, at a minimum, the specific reasons for each deviation so that it can be fully considered and, if appropriate, evaluated by CamTran. Any deviation found by CamTran to be acceptable will be evaluated in accordance with the appropriate evaluation criteria and procedures. The submission of deviations may result in the Proposer receiving a less favorable evaluation than without the deviation.

3.6 Modification or Withdrawal of Proposals

A modification of a Proposal already received by CamTran will be accepted by CamTran only if the modification is submitted by an individual legally authorized to bind the Proposer and received by CamTran prior to the due date set forth in the Advertisement. All modifications shall be made in writing and submitted in the same form and manner as the original proposal.

Prior to the due date for Proposals as set forth in the Advertisement, a Proposer may withdraw a Proposal already received by CamTran by submitting, in the same manner as the original Proposal to CamTran, a written request for withdrawal from an individual legally authorized to bind the Proposer.

By submitting a Proposal, and not properly withdrawing it prior to the due date for Proposals, a Proposer agrees that it shall keep its Proposal open and shall not withdraw its Proposal for the period prescribed in this RFQ or any agreed upon extension thereof. This provision may not be utilized by a Proposer as a means to submit a later Proposal and, as such, does not alter CamTran’s right to reject a Proposal.

3.7 Contractor Responsibility

The Contractor shall be responsible for management, direction, design integration, scheduling, control, review and approval of all subcontract work and services. Moreover, the Contractor shall be responsible for ensuring that all subcontract work is in conformance with CamTran’s policies, standards and criteria. All subcontracts will be subject to review and approval by CamTran. Subcontracts shall include all relevant agreement provisions identified in the Agreement.

3.8 Requests for Questions and Clarifications

Written comments, questions and/or requests for clarifications will be accepted by CamTran. All written comments, questions and/or requests for clarifications must be submitted to CamTran, Attn: Thomas G. Sylvia at [email protected] by Wednesday, March 29, 2016 by 10 a.m. Phone calls will not be accepted. Refer to Appendix A of this RFQ for the specific form needed to submit questions and/or requests for clarifications. All comments, questions and/or requests for clarifications received by the stated date will be addressed via Addendum (s) and a response will be issued by CamTran.

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All interested proposers registered as receiving the RFQ shall receive a written Addendum response from CamTran of all pertinent clarifications, comments, questions received and answered via e-mail, to be issued by the close of business on March 31, 2016. CamTran welcomes questions and technical recommendations.

3.9 Solicitation Schedule

The schedule for this project is as follows (as shown on the cover page):

Monday, March 21, Request for Qualifications (RFQ) Released 2016 Friday, March 25, Voluntary walk through at 1 p.m. at the Inclined Plane 2016 Tuesday, March 29, Request for questions and clarifications due to 2016 CamTran by 10 a.m. Thursday, March 31, Answers to questions and clarifications released by 2016 CamTran Tuesday, April 5, Proposals due by 1 p.m. prevailing time 2016 Begins week of April Proposer on-site interviews/negotiations 11, 2016 Week of April 18, Anticipated issuance of award and Notice to Proceed 2016

3.10 RFQ as Exclusive Basis for Proposal

The RFQ represents, in writing to all Proposers, the most comprehensive and definitive statement that CamTran is able to make at this time as to the requirements, terms and conditions for this proposal process and performance of the Contract Services. Any information or understandings, verbal or written, which are not contained either in the RFQ, or in subsequent written Addenda to the RFQ, will not be considered in evaluating proposals.

3.11 Authority Right

CamTran expressly reserves the right to reject any and all RFQ’s proposals and/or to negotiate separately with any company in any manner deemed appropriate to serve its best interest. If any award of Agreement is made as a result of these Proposals, it will be made on the basis of the Proposal which best satisfies the intent of the RFQ and other factors considered in the best interest of the Authority. CamTran is not liable for any expenses incurred by Proposer(s) in the development of its Proposal or any subsequent activity related to the Proposal.

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3.12 Proposal Submittal

All proposals are due in hard copy to CamTran no later than 1 p.m. Tuesday, April 5, 2016. Proposing contractors can deliver or have proposals delivered to the CamTran offices located at 502 Maple Avenue, Johnstown, PA 15901.

3.13 Oral Statements

Respondents are cautioned that any oral statements made that materially change any portion of this solicitation are not valid unless subsequently ratified by a formal written Addendum to this RFQ.

3.14 Applicable Laws Shall Apply

The contract awarded shall be governed in all respect by the laws of the State of Pennsylvania, and any litigation with respect thereto shall be brought in the courts of Cambia County in the State of Pennsylvania. The company awarded the contract shall comply with applicable Federal, State and local laws and regulations. CamTran will have sole ownership of all information developed by the proposer in this Request for Proposal.

3.15 Late Submissions

Any proposal received at the place designated in this RFQ after the time specified for receipt will neither be accepted nor considered. There will be no exceptions!

3.16 Withdrawal of Request for Proposal

CamTran reserves at all times the right to cancel or withdraw this RFQ, to refuse to accept a proposal from any respondent and to modify or amend any portion of this RFQ.

4.0 PROPOSAL REQUIREMENTS

4.1 General Requirements

4.1.1 Letter of Transmittal/Proposal Requirements

Proposals should be submitted with two major components: (1) Letter of Transmittal: One original separate from the bound proposals and a copy bound in each copy of the proposal. This Letter of Transmittal shall be no greater than two pages in length and shall contain the following: a. Statement as to the name, title, address, telephone, fax number(s) and e- mail address of the individual(s) with authority to bind the Proposer in contractual matters. The Letter of Transmittal shall be signed by such individual. b. Statement as to the address and legal form of the Proposer. If the Proposer

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is a corporation, the Proposer shall identify its state of incorporation. If a joint venture is being proposed, provide the above information for all participating firms. c. Statement that the proposal will remain in effect for and not be withdrawn for 120 days after the date due at CamTran. d. Statement acknowledging receipt of each and every Addendum, by Addendum number and date, that CamTran may issue to the RFQ. e. Sealed bids clearly marked on the front of the envelope “Inclined Plane Engineering Services”. Envelope must be delivered in a sealed envelope.

(2) Proposal Requirements: The proposal should be a comprehensive, accurate and effective presentation. The proposal should be bound along the left long side, without unnecessary frills, fancy bindings or other decorative or extraneous materials. Attachments such as brochures, promotional literature, etc., shall not be included.

(a) One (1) original with five (5) copies of the proposal must be provided and delivered in a sealed envelope. (b) The proposal shall also include an Appendix, which shall be at the end of the proposal document. The Appendix shall only contain material that is explicitly requested to be included in the Appendix. (c) The font size for all material prepared in response to this RFQ shall not be less than 12 pt. (d) The proposal should be contained on 8-1/2” x 11” paper with fold-outs from this as may be required. (e) The proposal shall be organized in the following fashion using tabbed, numbered separators for each section:  Cover: containing RFQ title and Proposer's name.  Letter of Transmittal: copy of letter previously described.  Table of Contents: Section/Tab 1: Overview of Proposer (4.2) Section/Tab 2: Experience Record (4.3) Section/Tab 3: Project Work Plan (4.4) Section/Tab 4: Project Organization and Management Plan (4.5) Section/Tab 5: N/A (4.6) Section/Tab 6: Required Clauses and Certifications (4.7) (Appendix C of this RFQ)-signed as required. Appendix (4.8): The Appendix, which shall only contain the materials that are required by the RFQ to be included in the Appendix.

4.2 Overview of Proposer

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This section shall contain the following information, unless otherwise specifically noted. Proposer shall include the required information in this section in the “Overview of Proposer” section of its Proposal.

4.2.1 Description of Proposer

A concise description of the Proposer including organizational structure, subsidiary companies, identification of principals or parent companies, length of time in business, office locations and size and overall number of personnel by discipline. If the Proposer is a joint venture, the Proposer shall furnish this information for each entity forming the joint venture and clearly indicate the reason for the joint venture as it directly applies to this Project. Proposer shall also provide a general overview description of its proposed subcontractors.

4.2.2 Contractor/Subcontractor Percentage of Work

The Proposer shall provide, in its proposal, a statement as to the percentage of work that will be performed by the Proposer.

The Proposer shall identify all of its proposed subcontractors in its proposal, and must identify the tasks they will perform, the percentage of the work to be performed by each subcontractor, their qualifications to perform the work and the reason the tasks are to be subcontracted.

4.3 Experience Record

This section shall contain the following information, unless otherwise specifically noted. Proposer shall include the required information in this section in the “Experience Record” section of its Proposal.

Proposer shall provide complete, concise and accurate descriptions of the Proposer's and its subcontractors experience in providing services similar to those as outlined in the Scope of Services, Section 6 and Appendix B.

The Experience Record should include the following: (a) A statement about the overall qualifications and experience citing local, regional and/or national experience of the business for which this RFQ is being offered. (b) A statement about the overall depth of staff and commitment of the business to ensure the timely completion of the work within the clients’ pre-established budget and schedule. The name, address and telephone number of the proposed project manager. Include resumes for the project manager and staff to be assigned to this project. (c) If certain services must be provided through subcontractors or special consultants, this must be documented by providing the name, qualifications and experience of the subcontractor or special consultant. (d) Include a list of at least five (5) Inclined Plane and/or rail projects (References) which the company has completed in the last three years (since 2013) or for which an Inclined Plane and/or rail project design is currently being provided. Include

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contacts and phone numbers for each of the five references outlined above. (e) Specifically note any contract previously worked on by the member companies as a team (if applicable). (f) Experience with working on PennDOT Bureau of Public Transportation projects funding, the Federal Transit Administration (FTA) funding and the Pennsylvania State Historic Preservation office (SHPO) or other appropriate funding agencies.

Particular emphasis should be placed on those projects performed by Proposer's and its proposed subcontractors offices and staff to be assigned to the Project. The Proposer’s actual role on the identified projects shall be clearly described. The Proposer's and its proposed subcontractors qualifications and ability to perform all identified Contract Services should be clearly defined.

4.4 Project Work Plan

This section shall contain the following information, unless otherwise specifically noted. Proposer shall include the required information in this section in the “Project Work Plan” section of its Proposal.

4.4.1 Methodology

Proposer shall identify its methodology for the performance of the tasks identified under Section 6 and Appendix B. The Work Plan should include a detailed description of the methodology for accomplishing required work tasks and their interrelationships. Any substantive and/or procedural innovations used by the Proposer on similar projects that are applicable or can be tailored to CamTran’s requirements should also be identified.

4.5 Project Organization and Management Plan

This section shall contain the following information, unless otherwise specifically noted. Proposer shall include the required information in this section in the “Project Organization and Management Plan” section of its Proposal.

4.5.1 Description of Organization and Management Plan

A detailed description of the Proposer's Organization and Management Plan, which shall be established to perform the services as outlined in the RFQ. The Organization and Management Plan shall clearly identify the project manager and key personnel associated with each work task and for the entire period covered by the Agreement. The plan shall also describe the involvement of DBE subcontractors in the project, if applicable. If the Proposer is a joint venture, the company affiliation of each staff member must be identified.

4.5.2 Joint Venture Requirements

If the Proposer is a joint venture, the Proposer shall include, in the Appendix, a written statement explaining how the joint venture will fulfill the requirements of the Agreement. This explanation shall fully discuss and identify the responsibility of each entity forming the joint venture for

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4.6 Required Clauses and Certifications

All proposals must have a copy of all the clauses and certification included in the submitted proposal. The clauses and certifications must be reviewed, incorporated and executed by all proposals to be considered responsive. Clauses and Certifications can be found in Appendix C.

4.7 Proposal Appendix

Include in the Appendix samples of Inclined Plane and railroad projects completed by the proposing entity.

5.0 PROPOSAL SELECTION PROCESS

5.1 Selection Sequence The selection of the top rated Proposer to perform the required Engineering Services will be accomplished in three possible steps. The most qualified firms will be evaluated based on the firm/project manager’s experience with Inclines/and or rail, in addition to, experience with PennDOT’s Bureau of Public Transportation and the rules and regulations of the Federal Transit Administration (FTA) funded projects and the State Historic Preservation Office (SHPO):

Step 1 - Proposal Evaluations

(a) Each proposal will be examined by CamTran’s Evaluation Committee for compliance with the stated proposal requirements in Section 4 and as outlined below in 5.1.c of the technical evaluation criteria.

(b) Those proposals found in compliance with the stated requirements will be held for evaluation by the Committee. The Proposers will be evaluated (Preliminary Rating) on the basis of ability to perform all services as set forth in Section 6 and 7 of the RFQ.

(c) Technical Evaluation Criteria – The technical evaluation criteria that will be used by CamTran to evaluate and rank proposals are listed below:

 Experience of the firm in completing similar projects with high quality workmanship.

 Extent to which proposal demonstrates understanding of CamTran’s specific objectives and operating constraints of the project and standard acceptable industry practice; appropriateness of proposed solutions to problems and resources to be used; reasonableness, adequacy and clarity of proposed work plan, including, but not limited to: soundness and clarity of plan to manage the project; adequacy of numbers and types of personnel assigned to the project; clarity, feasibility and reasonableness of proposed schedule.

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 The professional personnel assigned by the firm to manage and organize the project, as determined by each individual's education and specific experience with projects similar to those described in this RFQ.

(d) Note: At CamTran’s sole discretion, Step 2 may be waived and CamTran will notify the highest ranked firm after Step 1 that Step 3 is being initiated.

Step 2 – Interview (if required) – Tentatively scheduled for week of April 11, 2016.

Separate interviews, at CamTran’s option and if CamTran determines it is needed, will be arranged with those Proposers identified as being in the “competitive range” (i.e., those companies having a reasonable chance of winning the award) as the result of the Step 1 evaluation. Interviews will provide CamTran the opportunity to evaluate the presentations and to question the Proposers regarding both the written and verbal presentations if CamTran decides to use this step.

Step 3 - Contract Award

Once the most qualified firm is selected then that firm will be asked to negotiate with CamTran regarding pricing and other factors. If the negotiations are unsuccessful then CamTran will go to the next most qualified firm, etc. Recommendation for contract award will be made by the Executive Director to the CamTran Finance Committee. CamTran’s staff is not empowered to enter into an Agreement without the formal authorization of the CamTran Board. A formal Notice to Proceed will be forwarded to the successful contractor upon formal Board of Director’s approval. Any contract resulting from this RFQ shall not be effective unless, and until, approved by the Board of Directors. Upon approval, the contract shall start within three working days after the award of the contract.

5.2 Proposal Protest Procedures

Any actual or prospective bidder, proposer, offeror or contractor who is aggrieved in connection with the solicitation or award of a contract may file a protest with CamTran. See Appendix C for the CamTran Protest Procedures.

5.3 Minimum Qualifications for Respondents

1. Respondents must have a minimum of ten years of experience in the areas covered in this RFQ. Please attach the required customer list (References) and return as part of your proposal. You may also use the space below to provide additional information relevant to this requirement.

2. Respondents must provide their Dun and Bradstreet DUNS number in the space below. Please go to the following website to obtain a number if you do not have one already: www.dnb.com. Proposals from respondents who do not provide a DUNS number will be considered non-responsive. DUNS #______

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3. Respondents will need to register with the System for Award Management database specified in the legislation, (www.sam.gov) if they have not already registered. The registration process is not difficult, and respondents may contact Mr. Thomas G. Sylvia at [email protected] for assistance in completing the registration. Once you have registered, please print the confirmation page from the website and return it as part of your proposal. Note: Only the registration is required. The Online Representations and Certifications Application (ORCA) on the website do not have to be completed unless a respondent intends to pursue other federally-assisted business.

5.4 Instructions and Experience

This section contains instructions for providing information required to evaluate the proposal. Each item is listed separately below with additional information as appropriate. Provide separate responses to each item in the order in which they are presented, numbering each response correspondingly. Completeness and clarity will assist in reviewing your proposal.

The selected firm must have demonstrated experience in providing the highest quality work, from project start-up through project completion, to the complete satisfaction of its customers. Please provide information on previous projects which describes your experience and demonstrates the ability to manage and complete similar projects in a timely, organized fashion which meets customer expectations. For each project, please provide the name and phone number of an individual who has direct responsibility for, and familiarity with, your work.

Provide resumes (as covered in 4.3) for each of the professional personnel who will manage and organize the project. Include information on each individual's education and specific experience within the last 5 years on projects similar to those described in this RFQ.

6.0 SCOPE OF SERVICES

See Appendix B for a detailed Scope of Services

7.0 SERVICES REQUIRED AFTER SELECTION

7.1 Regular Meetings

The selected company’s representatives will be required to periodically meet in person with CamTran’s designated individual (s) (i.e. staff, committee, Board of Directors, etc.). This will be a minimum of two (2) times per month to discuss and plan the project(s) and provide progress reports.

In conjunction with performance under the approved contract, the contractor may be required to attend additional progress meetings. In the event the contractor is not in conformance with the contract, these meetings will be provided at no additional cost to CamTran.

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8.0 SCHEDULE OF WORK

The Contractor will begin work after the agreement has been signed and a notice to proceed has been issued. The initial intended schedule for the Scope of Services is as follows:

The scope of work below is to be completed by the calendar day listed from the Notice to Proceed for the design contract:

1. Kick off meeting (within 2 days of contract award) Wednesday, April 27, 2016 2. Contractor will provide an initial engineering assessment of the Inclined Plane no later than two (2) weeks from the date of the kick off meeting. This will be covered by a specific task order describing CamTran’s requirements and priorities. May 11, 2016

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APPENDIX A PROPOSER'S REQUESTS, QUESTIONS, AND CLARIFICATIONS FORM

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PROPOSER'S REQUESTS, QUESTIONS, AND CLARIFICATIONS FORM

Engineering Services-Inclined Plane

All requests, questions and clarifications must be submitted in writing and received on or before 10 a.m. Tuesday, March 29, 2016. Proposers should use the following form:

Name of Company/Individual:

Nature of Company (partnership, corporation, etc.):

Contact Person:

Phone #: FAX #: E-mail:

Company's Mailing Address:

REQUESTS/COMMENTS/QUESTIONS/CLARIFICATIONS (attach additional sheets as necessary):

I certify that neither I, nor my company, are on the Comptroller General's list of ineligible bidders; and that we have not been prohibited from doing business with the Commonwealth of Pennsylvania or its agencies/subdivisions.

Owner/Partner/Officer Date

SUBMIT THIS COMPLETED FORM TO: FAX (814) 536-5951 OR [email protected]

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APPENDIX B ADDITIONAL DETAILS-SCOPE OF SERVICES

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The Project consists of furnishing Engineering Services to perform the work specified herein, including but not limited to the following:

1. Rehabilitation of Incline: The Inclined Plane was rehabilitated in 1984. It is now time to do this project again. Inclined Plane engineering and design, construction, replacement of equipment, etc., will need to be developed with a plan of action per timeline, with the minimum amount of disruption to the Incline normal operations. The general work required on the Inclined Plane needs to be completed with limited interruption to the Incline operations, preferably during non-operational hours. The normal Inclined Plane operating hours are:

January – Closed February – March 31 Open: Friday 4 p.m. – 10 p.m. Saturday 12 noon – 10 p.m. Sunday 12 noon – 9 p.m. April – September 30 Monday – Thursday 8 a.m. – 10 p.m. Friday 8 a.m. – 11 p.m. Saturday 9 a.m. – 11 p.m. Sunday 9 a.m. – 10 p.m. October 1 – December 31 Sunday – Thursday 11 a.m. – 9 p.m. Friday – Saturday 10 a.m. – 10 p.m.

Note. The Inclined Plane is on the National Historic Register for National Landmarks. Therefore, it is subject to State Historic Preservation Office (SHPO) approval on all rehabilitation materials, etc.

Upon award of the contract: scope of services, engineering & design, cost estimates and bid documents must be developed for the Rehabilitation of the Inclined Plane, including, but not limited to:

 Replacement of the wooden track ties, track lighting, track sheave wheels and assessment of the condition of the rails.  Assessment of all (8) car wheels and suspension for both cars.  Rehabilitation of the Incline cars, including but not limited to flooring, lighting and communication system.  Resizing cable sheave grooves (8 wire ropes sheaves).  Procure and installation of Tension Measuring Device for the Safety Wire Rope.  Structural inspection of the Visitor’s Center, Incline Station, Incline Gift Shop buildings and retaining walls.

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 Review of HVAC system in the Visitor’s Center and Incline Gift Shop, and if necessary include in bid documents.  Assessment of condition of roofing/windows, doors at Visitor’s Center/ Incline Station.  Installation of new public announcement system.  Rehabilitation of lower Incline Station.  Pedestrian Crosswalk Bridge and ADA Ramp Inspections- Currently, a structural analysis of the pedestrian crosswalk at the bottom of the Incline that crosses over State Rte 56/403 is underway. Rehabilitation/replacement, at a minimum, of the ADA Ramp is anticipated.  Incline Observation Deck- Currently, a structural Inspection is underway. Replacement of existing deck is anticipated.  Assessment of Man Safety System.  Assessment of current Security System.  Rehabilitation of Incline Entrance Ramp Sign.  Painting of Ramp Wall and rehabilitation of large Incline sign.

The Incline projects require a special type of inspection and experience with Inclines/rail will be advantageous.

2. Electrical, Mechanical Equipment, and Structural Inspections:

The Incline electrical and mechanical equipment will need to be inspected twice during the length of the contract, in the first and last year of the contract. A study will need to be conducted to determine the general condition of the equipment and its operational status/procedures. A bi- annual structural inspection will be required of the Incline, Visitor’s Center, including retaining walls, unless recommended differently.

3. Annual Cable Inspection

Incline haul and safety cables and fall protection systems will be inspected annually with a formal report submitted to CamTran by the Contractor. The cables shall be inspected and tested by a certified cable testing company. The fall protection system shall be certified each year by a certified testing company.

4. Compliance with RTSSRP Audits

The Incline is subject to the PA Rail Transit Safety Review Program (RTSSRP). The Incline must comply with the rules and regulations of this program. The contractor will provide oversight and guidance to make sure the Incline is in compliance.

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5. Engineering Support Services

This service is used for immediate structure repair needs following an Emphasis or Emergency Inspection. This service could include both design and construction management support services. Additionally, this service may require geotechnical field investigations. Geotechnical report findings may include current findings as well as recommended necessary remedial measures.

6. Other Engineering Support Services

This service may be utilized for other engineering services as required by CamTran on an as needed basis and not specifically specified elsewhere in this RFQ. Other engineering support services that may be required by the Authority may include, but are not necessarily limited to, the following types of activities: civil, structural, geotechnical, mechanical & electrical engineering support for studies, preliminary & final design, construction or other documents, construction support services and construction management support services for existing and/or to be constructed CamTran owned or controlled facilities and physical assets, including, but not necessarily limited to, any projects listed within this RFQ. Perform Initial, Periodic and Emphasis Inspections, final design of repairs and engineering support services follow-up at the direction of Authority.

After Notice-to-Proceed, Work Orders will be issued accordingly.

Work Orders will be negotiated on a case-by-case basis as the need arises. CamTran, at its discretion, may either negotiate with the Contractor under a separate Work Order, choose to perform the services with its own forces or hire another contractor.

General Tasks

The Contractor shall perform the following activities and provide Services as detailed herein. In general, the Contractor's activities will include, but not be limited to, the following:

a) Establish and maintain management, communication, correspondence and administration procedures consistent with CamTran requirements. b) Prepare agenda and minutes for all meetings including, but not limited to, coordination, progress meetings and other special meetings as may be required. Prepare a monthly progress report in a form acceptable to CamTran. c) Prepare, revise and maintain staffing table for all proposed work

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orders. d) Obtain special services (i.e. inspection rigging) and testing as may be required to complete the work tasks as approved by CamTran. e) Develop alternative recommendations/solutions. f) Provide cost estimates and project schedules for each alternative, noting the time sensitive nature to any of the Incline projects. g) Prepare and make presentations to CamTran at monthly committee and/or Board meetings or other meetings if necessary. Submit work for review and perform revisions following review as requested by CamTran. h) Prepare final submittals based on standard acceptable practices commonly used in the industry. CamTran standards shall be incorporated as required to address specific needs.

This Scope of Work shall include the following:

Any unsafe condition, existing or eminent, encountered on the structure shall be immediately brought to the attention of CamTran.

i) Should it become necessary in the performance of any work herein to limit or obstruct traffic on a public highway or street, the Contractor or its subcontractor shall provide and maintain all necessary traffic warning and control devices or flagman conforming with (the current form of) Publication No. 213, Work Zone Traffic Control Guidelines, Pennsylvania Department of Transportation. j) Perform electrical, mechanical and structural inspections of the Incline, including the upper and lower stations as well as the track equipment. CamTran standards shall be incorporated as required to address specific needs. k) Perform inspection, testing and certification of the Incline haul and safety cables and fall protection system. CamTran standards shall be incorporated as required to address specific needs.

7) Provide repair recommendations under the following categories:

a) Emergency Repairs, which must be performed within a few days or weeks in order to keep the infrastructure in operating condition. b) Immediate Repairs, which should be done within the current construction season, but are not as critical as Emergency Repairs.

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c) Near-Term Repairs, which should be considered for inclusion in a rehabilitation program within the next two or three years. d) Long-Term Repairs, which need to be performed eventually, but may not be critical for several years. e) Recommended Improvements, which are observations by the Contractor of items or conditions that would contribute to improved conditions if implemented. f) Possible Problem Areas, which describe an ongoing condition that may or may not be covered anywhere else in the report, but should be noted and addressed. g) Update Cost Estimate of Repairs and Improvements, showing approximate value of needed repair work items, but not including mobilization, maintenance and protection of traffic, engineering, or other general conditions. All repair areas should be clearly defined in the report (i.e. utilizing field sketches with necessary dimensions).

8) Notify Authority immediately, of any unsafe condition, existing or imminent, encountered during the inspection.

When authorized by CamTran, special testing and sampling shall be permitted. The Contractor shall prepare a description of the testing and sampling program for review by CamTran along with a cost proposal.

a) Emphasis Inspection and/or Calculations, Final Design of Repairs, and Bridge Engineering Support Services

As recommended by the Contractor, and specifically approved by CamTran, the Contractor shall undertake detailed Emphasis Inspections of specific approved work scope and/or calculations. Contractor shall submit a work plan and cost proposal for each requested assignment. Work orders will be issued based upon CamTran’s approved proposals.

1) Project Rehabilitation and/or Repairs

When the scope of work for necessary repairs has been identified by the Contractor and agreed to by CamTran, the Contractor shall provide a final design suitable for construction. After negotiation and issuance of a work order, the Contractor shall prepare a set of construction documents (plans or sketches along with specifications) that can be

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used to receive public fixed price bids in accordance with CamTran procedures. The Contractor shall provide engineering support services during the bidding process.

b) Inspection of Retaining Walls/Other Transit Structures

In addition to General Tasks, this effort shall include, but not be limited to, the following:

Perform visual and hands-on inspection to determine the physical condition of each structure. Structural analysis will not be required unless the structure exhibits signs of distress. Submit inspection report to CamTran per State/Federal Standards.

Inspections will be released by CamTran based upon current needs. Proposals for each work order will be reviewed by CamTran.

Inspection requirements include, but are not limited to:

1) Coordinate/schedule inspections with CamTran and other agencies, as required. 2) Conduct a complete field inspection. 3) Update/supplement previously developed structural analysis, if necessary. 4) Update/amend previously developed Inspection Reports providing new photographic documentation (in color) and field sketches to delineate deficiencies, as required.

c) Inspection (Electrical & Mechanical) Incline

In addition to General Tasks, this effort shall include, but not be limited to, the following:

Review previous inspection reports and visit the Incline. Perform incline inspections and submit inspection report to CamTran that shall be in conformance with State/Federal regulations. Any previous reports are on file and are available for review at CamTran’s main office.

The work to be performed on the Incline will be released by CamTran based upon an established work order system. The proposal for the Incline work order will be reviewed by CamTran.

The Incline (electrical, mechanical and structural) inspection shall be completed immediately upon award of this contract and then within approximately a four year time frame from the previous

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inspection.

Inspection requirements include, but are not limited to:

1) Coordinate/schedule inspection with the Authority. 2) Conduct a complete field inspection. 3) Update/supplement previously developed electrical and mechanical and structural analysis of the portion inspected. 4) Update/amend previously developed Inspection Reports providing new photographic documentation (in color) and field sketches to delineate deficiencies, as required.

d) Inspection & Testing of Incline

In addition to General Tasks, this effort shall include, but not be limited to, the following:

Perform visual and hands-on inspection to determine the physical condition of the cables and fall protection. Perform testing as required in order to certify the fall protection system. Perform cable testing to include but not limited to loss of metallic area, strength loss etc. as required. Submit inspection report to Authority which shall be in conformance with Federal/State Requirements.

Inspections will be released by CamTran based upon current needs. Proposals for each work order will be reviewed by CamTran and should follow the same format.

Inspection requirements include, but are not limited to:

1) Coordinate/schedule inspections with CamTran and other agencies, as required. 2) Conduct a complete field inspection and testing. 3) Update/amend previously developed Inspection Reports providing new photographic documentation (in color) and field sketches to delineate deficiencies, as required.

e.) Other Engineering Support Services

This service may be utilized for other engineering services as required by CamTran on an as needed basis and not specifically specified elsewhere in this Agreement. Other engineering support services that may be required by CamTran may include, but are not necessarily limited to, the following types of activities: civil, structural, geotechnical, mechanical & electrical engineering support

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for studies, preliminary & final design, construction or other documents, construction support services and construction management support services for existing and/or to be constructed CamTran owned or controlled facilities and physical assets, including, but not necessarily limited to, ramps, pedestrian walkways and park and ride lots in Cambria County, Pennsylvania.

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APPENDIX C CLAUSES & CERTIFICATIONS (REQUIRED)

ALL OF THE FOLLOWING CLAUSES & CERTIFICATIONS MUST BE REVIEWED, EXECUTED AND RETURNED WITH A PROPOSAL IN FULL AS PART OF A RESPONSIVE PROPOSAL

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AFFIDAVIT OF NON-COLLUSION

I hereby swear (or affirm) under the penalty of perjury:

1. That I am the Proposer (if the Proposer is an individual), a partner in the proposing (if the Proposer is a partnership) or an officer or employee of the proposing corporation having authority to sign on its behalf (if the Proposer is a corporation);

2. That the attached Proposal or Proposals have been arrived at by the Proposer independently and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the Request for Proposal designed to limit independent Proposing or competition;

3. That the contents of the Proposal or Proposals have not been communicated by the Proposer or its employees or agents to any person not an employee or agent of the Proposer or its surety on any bond furnished with the Proposal or Proposals and will not be communicated to any such person prior to the official opening of the Proposal or Proposals; and

4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit.

Signed: ______

Company Name: ______

Subscribed and sworn before me This ______day of ______20______.

______. Notary Public

My commission expires: ______

Proposer’s E. I. Number: ______(Employer’s Quarterly Federal Tax Return No.)

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

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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.

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-

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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.

Name of Bidder/Company Name

______Printed Authorized Representative’s Name Signature of Authorized Representative

______Date

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

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ELIGIBLE CONTRACTORS CERTIFICATE

The______(name of third-party Contractor) hereby certifies that it is/is not (underscore one) included on the U.S. Comptroller General's Consolidated List of Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor Standards Provisions.

Company:______

By:______

Title:______

Date:______

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

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BUY AMERICA CERTIFICATE

Certification Requirement for the Procurement of Iron, Steel or Manufactured Products in Excess of $100,000

The bidder must check the appropriate box and sign this certificate.

( ) The bidder hereby certifies that it will comply with the requirements of Section 165(a) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations in 49 C.F.R. Part 661 as codified in 49 U.S.C. 5323 (j)(1).

( ) The bidder hereby certifies that it cannot comply with the requirements of Section 165(a) of the Surface Transportation Assistance Act of 1982, as amended, as codified at 49 U.S.C. 5323(j)(1) but may qualify for an exception to the requirement consistent with Section 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act of 1982, as amended, as codified at 49 U.S.C. 5323 (j)(2)(B) or (j)(2)(D), and the regulations in 49 C.F.R. Part 661.7.

Date:______

Signature:______

Name:______(print)

Title:______

Company Name:______

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

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CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000)

The undersigned (Contractor) 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 any 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 making lobbying contacts to 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 (as amended by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.).

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients 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. Section 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. Section 3801, et seq., apply to this certification and disclosure, if any.

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______Name of Individual, Partnership, or Corporation

______Address ______Authorized Person Signature ______Title Date

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

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DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION

(1) Policy - It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 C.F.R. Part 23 shall have the maximum opportunity to participate in the performance or contracts financed in whole or part with Federal funds under this agreement. Consequently, the DBE requirements of 49 C.F.R. Part 23 apply to this agreement.

(2) DBE Obligation - The supplier or contractor agrees to ensure that disadvantaged business enterprises as defined in 49 C.F.R. Part 23 have the maximum 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 recipients or contractors shall take necessary and reasonable steps in accordance with 49 C.F.R. Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, creed, color, national origin, age or sex in the award and performance of DOT-assisted contracts.

DBE Certification

The contractor hereby agrees to subcontract a minimum of ____% of the contract to disadvantaged business enterprises.

FIRM NAME:______

SIGNATURE:______

TITLE:______

DATE:______

NOTE: This form is to be submitted with the bid proposal. Please attach the names and addresses of any and all DBE eligible subcontractors who will perform work on this project, and the approximate dollar amount to be paid to them. Please use the attached form for the DBE eligible subcontractors to certify to their eligibility.

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

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CONTRACTOR INTEGRITY

______, hereinafter referred to as the Contractor, agrees to and certifies that: 1. DEFINITIONS a. “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 CamTran. b. “Consent” means written permission signed by a duly authorized officer or employee of the Commonwealth or CamTran, provided that where the material facts have been disclosed, in writing, by pre-qualification, bid, proposal, or contractual terms, CamTran 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 CamTran. 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 CamTran or the Commonwealth. 6. Except with the consent of CamTran 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 CamTran and the Commonwealth, the Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material on this project.

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8. The Contractor, upon being informed that any violation of these provisions has occurred or may occur, shall immediately notify CamTran 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 CamTran or which are otherwise relevant to the enforcement of these provisions. 11. For violation of any of the above provisions, CamTran (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 CamTran or the Commonwealth. These rights and remedies are in addition to those the Commonwealth or CamTran 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 CamTran 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:

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

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REQUIRED CLAUSES & PROCEDURES (CamTran, State and Federal)

CAMTRAN PROTEST PROCEDURES

A. The following bid protest procedures have been written in compliance with the Federal Transit Administration (FTA) Third Party Contracting Guidelines (Circular 4220.1F). For purposes of these procedures the term “bids” includes proposals in response to an RFQ and responses to an Invitation for Bid (IFB), and the term “bidders” includes proposers.

Parties that wish to file a bid protest should review these procedures in conjunction with FTA’s Circular 4220.1F. CamTran protest procedures will be referenced in the bid documents in order that interested parties will know their rights under these protest procedures.

The following procedures and time requirements shall be applied uniformly in processing all protests. Protests may be made by active or prospective bidders whose direct economic interest would be affected by a solicitation, proposed award or award of a contract. The address is 502 Maple Avenue, Johnstown, PA 15902.

B. CamTran will consider all written protests transmitted to the address above via registered mail made within the timelines stated in this document.

C. Protest submissions should be concise, logically arranged, clearly state the grounds for the protest, and must include at least the following information: 1. Name, address and telephone number of protestor. 2. Solicitation or contract name and/or number. 3. The date of the CamTran action(s) being protested; 4. A detailed statement of the legal and factual grounds for the protest, including copies of all relevant documents or information. 5. The issue which is being protested and why it is being protested. 6. A statement of relief requested.

Only written protests received within the timelines stated in these procedures will be considered.

D. Protests before Proposal/Bid Opening or Due Date

Bid protests alleging restrictive specifications or improprieties, which are apparent prior to bid or proposal opening, must be submitted in writing to CamTran and must be received at least five (5) working days prior to bid/proposal opening.

E. Protests after Opening of Proposal Solicitation and Prior to Award

Protests against the making of an award may be made after bid opening and prior to

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award. Such protests must be submitted in writing to CamTran and must be received by CamTran within five (5) working days of the bid opening. If CamTran decides to withhold the award pending resolution of the protest, CamTran will notify all bidders whose bids or proposals might become eligible for award, and offer them the option to extend or withdraw the bid or proposal beyond the 120-day validity period. Awards will not be made until at least five (5) working days after resolution of the protest.

F. Protests after Award

Protests received after announcement of an award or after a contract has been executed will only be considered if CamTran determines that the matter is in the public interest or the protest presents clear and convincing evidence of fraud, misrepresentation, other illegality or gross impropriety in the selection of a bid/proposal. If a protest is under consideration, CamTran shall evaluate the bid/proposal at issue a second time in its entirety and use the same evaluation criteria and rating factors applied in the initial review of the bid/proposal. The bid/proposal will be evaluated by a panel designated by CamTran.

If a protest involving an executed contract is under consideration, CamTran will notify the selected contractor of the protest and its basis and may, at its discretion, order the contractor to suspend all CamTran work activities. If the awarded contractor has not executed the contract as of the date the protest is received by CamTran, the contract will not be executed until five (5) working days.

G. Protest Filing Steps

1. Protests must first be addressed to the Executive Director:

CamTran, Executive Director 502 Maple Avenue Johnstown, PA 15901

Upon receipt of a written protest containing the above outlined data, the Executive Director shall consider the protested issue and will respond to the Protestor, in writing, via registered mail, giving his/her decision on the protested issue and outlining the basis for such decision within ten (10) working days from the date of receipt of the written protest.

The CamTran Executive Director will also immediately notify FTA Region III counsel of protest notice received and then inform Region III of decision from this stage.

2. Appeal of Decision to the Board of Directors

If the Protestor is not satisfied with the decision of the Executive Director of

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CamTran in the matter being protested, the Protestor may then appeal the decision of the Executive Director of CamTran to the Board of Directors of the CamTran within five (5) working days of the receipt of the decision of the Executive Director on the resolution of the matter being protested. The letter of appeal to the full Board of Directors of CamTran must be in writing and clearly contain the information required in paragraph C above and must clearly contain:

a.) The Executive Director's decision in the matter being protested; and b.) Why the decision of the Executive Director is unsatisfactory.

Upon receipt of a written protest containing the above outlined data, the Board of Directors shall consider the issue being protested and the Secretary of the Board of Directors will respond to the Protestor, in writing, via registered mail, giving their decision on the protested issue and outlining the basis for such decision within thirty (30) working days from the date of receipt of the written protest.

THE DECISION OF THE BOARD OF DIRECTORS OF CAMTRAN SHALL BE CONSIDERED FINAL.

The Executive Director will also immediately notify FTA Region III counsel of protest notice received and then inform Region III of decision from this stage.

3. Appeal to the Federal Transit Administration

Under certain limited circumstances, and after the Protester has exhausted all administrative protest remedies made available to him/her at CamTran, an interested party may then protest to the Federal Transit Administration (FTA) (FTA Circular 4220.1F). FTA's review of any protest will be limited to those circumstances in which CamTran’s action(s) being protested involves the failure of CamTran to have written Protest Procedures in place, and/or the failure of CamTran to adhere to its written Protest Procedures, and/or violation of Federal Law or Regulation.

The protest filed with FTA shall:

a.) Be in writing and include the name and address of the Protester; b.) Identify CamTran as the entity whose policy, procedures and/or operations are being protested; c.) Contain a statement of the grounds for protest and supporting documentation. (The grounds for protest to the FTA must be fully supported to the extent feasible. Additional materials in support of a protest will only be considered if authorized by FTA regulations); d.) Be filed with the FTA not later than five (5) days after a final decision is received by the Protestor via First Class, U.S. Mail with Notice, under CamTran’s Protest Procedures or, should a final decision not be rendered

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by CamTran not later than five (5) days after the Protestor knew or should have known of the grantee's failure to render a final decision on the matter protested; e.) Include a copy of the protest filed with CamTran and a copy of CamTran’s decision(s), if any; and f.) Indicate the ruling or relief desired from FTA.

Such protest should be sent to: Regional Administrator FTA, Region III 1760 Market Street, Suite 500 Philadelphia, PA 19103

A copy of such protests should also be sent to: Executive Director CamTran 502 Maple Avenue Johnstown, PA 15901 and also to: CamTran Solicitor

COMMONWEALTH OF PENNSYLVANIA SPECIFIC CONTRACT REQUIREMENTS

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 Affidavit (1-F) is included in each bid/proposal package and is required to be submitted by each bidder/proposer. COMMONWEALTH NON-DISCRIMINATION CLAUSE: Each bidder/proposer is requested to certify its compliance with the Commonwealth of Pennsylvania’s Non-Discrimination Clause. 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. 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 Penn DOT.

CONTRACTOR INTEGRITY. Each bidder/proposer is requested to certify to its compliance with the Commonwealth of Pennsylvania’s Contractor Integrity clause.

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PENNSYLVANIA OPEN RECORD CLAUSE

In Compliance with Pennsylvania’s Right to Know Law, all information within this proposal/bid, including financial information of a bidder/proposer may be provided as a public record, if appropriate pursuant to the discretion of the CamTran Open Records Officer, after a bid is awarded.

NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES

(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

FALSE STATEMENTS OR CLAIMS – CIVIL AND CRIMINAL FRAUD

(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

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ACCESS TO RECORDS

CamTran is the FTA Recipient or a sub grantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

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

FEDERAL CHANGES

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

TERMINATION

Termination for Convenience – CamTran, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

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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, CamTran 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 CamTran that the Contractor had an excusable reason for not performing, such as a strike, fire or flood, events which are not the fault of or are beyond the control of the Contractor, CamTran, 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.

Opportunity to Cure - CamTran in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions

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

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

CIVIL RIGHTS

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

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(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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

Disadvantaged Business Enterprises (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 10.36%. A separate contract goal has not been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor

3/21/2016 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 CamTran deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from CamTran. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by CamTran and the contractor’s receipt of the partial retainage payment related to the subcontractor’s work. e. The contractor must promptly notify CamTran, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of CamTran.

Incorporation of Federal Transit Administration (FTA) Terms

The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. 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 CamTran requests which would cause CamTran to be in violation of the FTA terms and conditions.

RIGHTS IN DATA

The following requirements apply to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications and related information. The term "subject data" does not include financial reports, cost analyses and similar information incidental to contract administration.

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(2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added:

(a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution.

(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "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 extend its Federal license to any other party.

1. Any subject data developed under that contract, whether or not a copyright has been obtained; and

2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA.

(c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c), however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects.

(d) Unless prohibited by state law, upon request by the Federal Government, the

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Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, 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 Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official or agents of the Federal Government.

(e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.

(f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work.

(g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.

(3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in

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.

(4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental or research work financed in whole or in part with Federal assistance provided by FTA.

Suspension and Debarment

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as

3/21/2016 defined at 49 CFR 29.940 and 29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by CamTran. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to CamTran, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

CARGO PREFERENCE

The contractor agrees: 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 the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels;

b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 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 FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.)

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.

Fly America Requirements

The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301- 10, which provide that recipients and sub-recipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an

3/21/2016 appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation

PATENT RIGHTS

The following requirements apply to each contract involving experimental, developmental, or research work:

(1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.

(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in 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.

(3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.

RIGHTS IN DATA

The following requirements apply to each contract involving experimental, developmental or research work:

(1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications and related information. The term "subject data" does not include financial reports, cost analyses and similar information incidental to contract administration.

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(2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added:

(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "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 extend its Federal license to any other party.

1. Any subject data developed under that contract, whether or not a copyright has been obtained; and

2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA.

(d) Unless prohibited by state law, upon request by the Federal Government, the

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(g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental or research work financed in whole or in part with Federal assistance provided by FTA.

(4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental or research work financed in whole or in part with Federal assistance provided by FTA.

ENERGY CONSERVATION

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

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RECYCLED PRODUCTS

The contractor agrees to comply with all the requirements of 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 247.

ACCESS REQUIREMENTS FOR PERSONS WITH DISABILITIES

Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto

By signing below, the authorized representative acknowledges the proposer has reviewed and will abide by all applicable CamTran Procedures, State and Federal Clauses listed above:

______Name of Bidder/Company Name

______Printed Authorized Representative’s Name Signature of Authorized Representative

______Date

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