SOUTHEASTERN PENNSYLVANIA TRANSPORTATION …

1 SOUTHEASTERNPENNSYLVANIATRANSPORTATIONAU THORITYCONTRACTDOCUMENTSANDSPECIFICATION SFORCUSTOMERSERVICEQUALITYMONITORST echnicalServicesContract1116 INSTRUCTIONSTOBIDDERSReadAllContractDocu ments!!!BiddersshallcarefullyexaminetheC ontractDocumentsintheirentiretyas noextrapaymentsor allowance will be made for ignoranceoffor failure tocomprehend,anyofthe conditionssetoutanywherein bid submitted shall remainfirmfor at least ninety (90) days from the dateofthe BidOpening and may not be withdrawn in whole or in part during that theextentofthe damage toSEPTA occasionedby quotedin any bidsubmittedshallincludeallitemsoflabor, materials,tools,equipment, insurance and other costs necessary to fully complete the work pursuant to theContract Documents.

2 It is the intentionofthe Contract Documents to provide and require acompletedworkprojectready for operation. Any work itemsomittedfrom suchContractDocumentswhich are clearly necessary for thecompletionofsuch work and its appurtenancesshall be considered a partofsuch work although not directly specified or called for in theContract Documents. The total price quoted for any item(s) shall be deemed by SEPTA toinclude the costs and NO EXTRAS will be allowed on that account. Bids which purport toexclude these costs will be rejected as award, if any will be to the lowest responsive, responsible bidder excluding any cashdiscount offered for the total amount for all items listed in the Schedule A per Specifications,as deemed in the best interestofSEPTA.

3 Any contract(s) to be awarded will be awarded tothe RESPONSIBLE BIDDER(S) submitting the LOWESTRESPONSIVEBID orCOMBINATIONofBIDS. In considering alternates the following will alternates (additive or deductive) are not permitted or requested or whereSEPTA elects to award a contractexcludingalternates, the award,ifone is made, shallbe made to the responsible bidder submitting the lowest BASE alternates (additive or deductive) are required to be bid and such alternatesmaybeselectedbySEPTAas partoftheperformanceunderthecontract,the award(s),ifone is made, shall be made to the responsible bidder submitting the lowest BASE BID(pricewithoutconsiderationofaltemates ).However,awardofwork foralternatesmay only be made to the biddersubmittingthe lowest BASE BIDifthe totaloftheBASEBID andthebidforsuchalternateoralternates, is not thelowestbidderfor the totalBASEBID plusalternate,oraltemates, is one, both as to form andsubstance,whichconformstoalltheessent ialtermsandconditionsoftheInvitationandi nwhichtheTechnicalServicesContractInstru ctionstoBidders1116work/materialoffered meets thespecificationsin all essential the right to waive minor informalities or irregularities whenever it is to theadvantageofSEPTAto do SEPTA will only award a contract to afirmwhich it has determined tobe responsible.

4 The Bidder shall furnish adequate documentation, as determined bySEPTA,withinfive(5) daysofreceiptofSEPTA's written request to permit SEPTA todetermine the responsibilityofbidder. A responsible bidder is one which meets thefollowingstandards:(1)Integrity and Ethics - Has a satisfactory recordofintegrity and business ethics,incompliancewith 49 (j)(2) (A);(2)DebarmentandSuspension- Isneitherdebarrednorsuspendedfrom FederalprogramsunderDOTregulations,"Nonp rocurementSuspensionandDebarment,"2 CFRP arts180and1200,orunderFAR at48 CFRC hapter1 Part or anyCommonwealthofPennsylvaniafundedprogr ams;(3) Affirmative Action and DBE - Is incompliancewith the Common GrantRules'affirmative action andDOTs'Disadvantaged Business Enterpriserequirements,49 CFR part 26.

5 (4) Public Policy - Is in compliance with the public policiesofthe FederalGovernment,as required by 49 (j) (2) (B) andCommonwealthofPennsylvaniapublicpolic ies;(5)Administrativeand Technical Capacity - has the necessary organization,experience, accounting, and operational controls and technical skills, or theability to obtain them in compliance with 79 Section 5325 (j) (2) (D);(6) Licensing and Taxes - Is in compliance with applicable licensing and tax lawsandregulations;(7)FinancialResources - has, or canobtain,sufficientfinancialresourcesto perform the contract, as required by 49 Section 5325 (j) (2) (D);(8) Production Capability - Has, or can obtain, the necessary production,constructionandtechnicalequip mentandfacilities;(9) Timeliness - Isableto comply with the required delivery or performanceschedule,taking intoconsiderationallexistingcommercialan dgovernmentalbusinesscommitments;(10)Per formanceRecord - Is able toprovidea satisfactorycurrent and , , as a resultofanycontractenteredintopursuantto this Invitation, may besubjecttocertain business taxes imposed by, but not limited to, municipal, to the sales tax imposed by theCommonwealthand some municipalities, bidder is directedto theprovisionsinPennsylvanialaw found at 72 72 7201 et sea.

6 SEPTA makes norepresentation that these statutes are the only relevant statutes that apply to this nothing in this Invitation constitutes legal advice by SEPTA , towhateverextentthatBidderdeems necessary, must obtain its own legal advice onany question concerning relevant taxes. Bidder is responsible for making its own investigationto determine whether or not it is subject to Federal taxes and forpaying for such taxifapplicable. Bidders are hereby informed that SEPTA is obligated by lawtofurnishtogovernmentalentities,upont heirrequest,thenameandaddressofanyperson orfirmwith whomSEPTAhas acontractfor work must becompletedwithinl,095calendardays from the dateofreceipt bycontractorofSEPTA' DutvofBiddertoClarifyAmbiguitiesShould a bidder find any discrepancy or ambiguity, oromissionfrom the drawings and/orspecifications,orshouldit be indoubtas totheirmeaning,theBiddermust at oncenotifySEPTAwho will,ifit determinesit to benecessary,send awrittenaddendumforclarificationpurposes to effect changes in theBidding and/or Contract Documents.

7 Failureofbidder to clarify ambiguities prior to bidopeningconstitutesa waiveroftheir right to raise any suchambiguityafter bid contentsofall addenda to bidders are to be incorporated in the bid and will become partofthe Bidding and/or Contract Documents. The Bid Opening will be held no earlier than the fifth(5''*) 'sListingSEPTA reserves the right,priorto award, to approve or disapprove all subcontractors, who willbe hired toperformportionsofthe bid opening, bidders shallsubmittoSEPTA the listoftheir proposedsubcontractorswithin ten(10)daysofreceiptofSEPTA'swritten request. Bidders, as partoftheir bids, maysubmita subcontractorslist where Bid Package that will besubmittedto SEPTA must include the following to bidders should execute (on Page 9ofthe Agreement) and submit one (1) copyoftheAgreement (pages 1 through 63) and allofits Exhibits and,ifapplicable, Special Conditions,TheAgreementsofallbidderswill beretainedbySEPTA until (a) acontractis awardedandentered into; (b) a periodofninety (90) days has passed or.

8 (c) all bids are rejected, the eventbidderis deemed the lowest responsive bidder and as partofthe bid signedherewith, bidder hereby agrees to sign an AffidavitofNon-Collusion,ifrequested by SEPTA,in form acceptable to SEPTA prior to the award, if any,ofthe contract. A sample ,andOtherResponsibilitvMatters~Suspensio nandDebarmentThis contract is a covered transaction for purposesof49 CFR Part 29. As such, the Contractoris required to verify that noneoftheContractor'sprincipals, as defined at 49 CFR , oraffiliates, as defined at 49 CFR , are excluded or disqualified as defined at 49 Contractor is required to comply with 49 CFR 29, Subpart C and must include therequirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction itentersinto.

9 Bysigningandsubmittingits bid, thebiddercertifiesasfollows:The certification in this clause is a material representationoffact relied upon by SEPTA. If it islaterdeterminedthat thebidderknowinglyrenderedanerroneouscer tification,inadditiontoremedies available to SEPTA, the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. The bidder agrees to comply withthe requirementsof49 CFR 29, Subpart C while this offer is valid and throughout the periodofany contract that may arise from this offer. The bidder further agrees to include a provisionrequiringsuchcompliancein its (DBE)GoalNoGoal(s)Established- WhileSEPTAhas notestablisheda goal forthissolicitation,wemustattemptto 49 CFR parts ,westronglyencourageprimecontractorstopr ovidesubcontractingopportunitiesthat smallbusinesses,includingDBEs, be using a DBEsubcontractor/subconsultant/supplieri nconjunctionwith thecontract,thebiddermustsubmita properlyexecuted DBE Participation Schedule for eachparticipatingDBEsubcontractor/ refer to the required tocompletea SEPTAS olicitationStatisticsSurvey forthemselvesand eachoftheir DBE andnon-DBEbiddersinaccordancewith is to be signed by anofficerlegallyauthorizedto bind theBidderto aContractand shallbesubmittedto SEPTA upon written Lobbving.

10 (Ifthe highest possible Contract Sum, taking intoconsideration all items bid and all possible combinationsofalternates which might beincludedin the actual award isover$100,000)By signing and submitting a bid, the bidder agrees to furnish the Certification besubmittedconcurrentwith thesubmissionoftheBid Certification is not submitted along with the Bid Forms, it shall besubmitted within five (5) daysofbid opening, unless SEPTA grants, in writing, signing and submitting a bid, the bidder agrees to fumish the Certification RegardingCompliancewith Immigration Reform and Control Actof1986in compliance with therequirements stated in 8 1324 (a). The signed Certification may be submittedconcurrent with the submissionofthe Bid Certification is not submitted alongwith the Bid Forms, it shall be submitted withinfive(5) daysofbid opening, unless SEPTA grants, in writing, submitting their bid the Contractor understands that the right is reserved by SEPTA toreject any and all bids, or partofany bid, and it is agreed that the bid may not be withdrawnfor a period of ninety (90) days subsequent to the openingofbids, without the consent is alsounderstoodand agreed thatifthebiddershouldwithdrawany part or allofits bidwithin ninety (90)