BCRTA reserves the right to assign all or any portion of the award under this contract including option quantities. BCRTA's right of assignment will remain in force over proposed contract period or until completion of the contract to include options, whichever occurs first.

The terms and provisions of the Contract Documents shall be binding upon BCRTA and the Contractor and their respective partners, successors, heirs, executors, administrators, assigns and representatives. The rights and obligations of the Contractor under the Contract may not be transferred, assigned, sublet, mortgaged, pledged or otherwise disposed of or encumbered in any way. The Contractor may subcontract a portion of its obligations to other firms or parties but only after having obtained the written approval by BCRTA of the subcontractor, which approval shall not be unreasonably withheld. BCRTA may assign its rights and obligations under the Contract to any successor to the rights and functions of BCRTA or to any governmental agency to the extent required by applicable laws and governmental regulations or to the extent BCRTA deems necessary or advisable under the circumstances.

The rights and duties of the parties hereto shall be determined by the laws of the State of Ohio, and to that end the contract shall be construed and considered as a contract made and to be performed in the County of Butler, Ohio.

When and as often as BCRTA determines that the work, materials, or services furnished under the Contract are not fully and completely in accordance with any requirement of the Contract, it may give notice and description of such non-compliance to Contractor. Within seven (7) calendar days of receiving such written notification, Contractor must supply BCRTA with a written detailed plan which indicates the time and methods needed to bring the work, materials, or services within acceptable limits of the Contract. BCRTA may reject or accept this plan at its discretion. In the event this plan is rejected, the work, materials, or services will be deemed not accepted and returned to Contractor at Contractor’s expense. This procedure to remedy defects is not intended to limit or preclude any other remedies available to BCRTA by law, including those available under the Uniform Commercial Code.

The term of any Contract arising from this IFB shall be for the duration of the construction of the facility, and will terminate upon Final Payment.

Payments shall be made after presentation of Contractor’s invoices to BCRTA, either by mail or digitally via email, pursuant to the agreed, industry-accepted procedures in the forthcoming Contract.

No advance payment shall be made for products furnished or services rendered by Contractor pursuant to the Contract. Invoices may be submitted upon delivery and paid in accordance with BCRTA’s general terms and conditions.

Bidders are required to comply with additional terms and conditions as required by the Federal Transit Administration (“FTA”), provided as part of Permit Manual 1 of 4 in #ATTACHMENTS.

In addition to the General Terms and Conditions listed above and FTA requirements, Bidders are required to comply with Miami University's terms and conditions, provided as part of Permit Manual 1 of 4 in #ATTACHMENTS.