PIERCE TRANSIT
REQUEST FOR PROPOSALS FOR AV SYSTEM REPLACEMENT SPECIFICATION NO. PT-13-15 Released: March 30, 2015 Pre-Proposal Meeting: April 17, 2015 at 1:30 p.m. Questions Due Not Later Than: 4:00 p.m., April 24, 2015 Proposals Due at Pierce Transit Not Later Than: 4:00 p.m., May 8, 2015
This is a Prevailing Wage Project.
Proposals to be submitted in sealed envelope to: Naomi Graham, Purchasing Coordinator
If mailed:
If delivered:
Pierce Transit 3701 96th Street SW PO Box 99070 Lakewood, WA 98496-0070
Pierce Transit 1st Floor Receptionist 3701 96th Street SW Lakewood, WA 98499-4431
TABLE OF CONTENTS REQUEST FOR PROPOSAL ADVERTISEMENT ........................................................................ 3 Section I.
GENERAL INFORMATION AND INSTRUCTIONS TO PROPOSERS 1. Introduction ................................................................................................................................ 4 2. Interpretation and Inquiries of RFP Documents Prior to Proposal............................................. 4 3. Proposal Submittals ................................................................................................................... 4 4. Proposer’s Acknowledgement ................................................................................................... 5 5. Confidentiality of Proposals ...................................................................................................... 5 6. Protest and/or Appeal ................................................................................................................. 6 7. Additional Language .................................................................................................................. 6 8. Single Proposer Responsibility .................................................................................................. 6
Section II
SCOPE OF SERVICES 1. Introduction ................................................................................................................................ 7 2. Background ................................................................................................................................ 7 3. Scope of Work/Requirements .................................................................................................... 7 4. Qualifications ............................................................................................................................. 9 5. Prevailing Wage ......................................................................................................................... 9
Section III.
PROPOSAL EVALUATION AND AWARD OF CONTRACT 1. Proposal Content Requirements ............................................................................................... 10 2. Evaluation of Proposals ........................................................................................................... 11 3. Postponement ........................................................................................................................... 13 4. Modification of Proposals ........................................................................................................ 13 5. Rejection of Proposals ............................................................................................................. 14 6. Award of Contract ................................................................................................................... 14
Section IV.
GENERAL TERMS AND CONDITIONS 1. Equal Employment Opportunity .............................................................................................. 15 2. Terms and Conditions .............................................................................................................. 15 3. Term of Contract ...................................................................................................................... 15 4. Insurance .................................................................................................................................. 15 5. Termination of Contract ........................................................................................................... 16 6. Defense and Indemnification Agreement................................................................................. 17 7. Dispute Resolution ................................................................................................................... 18 8. Subcontractors .......................................................................................................................... 18 9. Ethics........................................................................................................................................ 18 10. Audit ........................................................................................................................................ 19
Section V
REQUIRED FORMS ...................................................................................................................... 20
Section VI
ATTACHMENT A, SAMPLE CONTRACT ................................................................................. 26 ATTACHMENT B, WA STATE PREVAILING WAGE. ............................................................. 33
2 Form Revised 2/19/2015
PIERCE TRANSIT REQUEST FOR PROPOSAL FOR AV SYSTEM REPLACEMENT SPECIFICATION NO. PT-13-15
PIERCE TRANSIT is a municipal corporation with administrative offices located at 3701 96th Street SW, Lakewood, Washington 98499-4431. Proposals are being solicited from qualified firms to provide AV System Replacement. Copies of the Request for Proposals may be obtained by contacting Pierce Transit, 3701 96th Street SW, Lakewood, Washington 98499-4431, telephone (253) 581-8000. Specifications may also be requested on the purchasing page of our web site at www.piercetransit.org. A pre-proposal meeting will be held April 17, 2015 at 1:30 p.m. in a conference room at Pierce Transit’s Training Facility, 3720 96th Street SW, Lakewood, Washington 98499. All prospective proposers are encouraged to attend. The pre-proposal meeting will provide the opportunity to review the requirements and intent of the contract documents. Following the meeting attendees will be invited to a walk-through of the three dedicated training rooms. Tours of the facilities WILL NOT be provided before or after the pre-proposal meeting. Proposals will be accepted by Pierce Transit until 4:00 p.m. May 8, 2015, and must be addressed to Naomi Graham, Purchasing Coordinator, Pierce Transit, 3701 96th Street SW, Lakewood, Washington 98499-4431; or P.O. Box 99070, Lakewood, Washington 98496-0070.
PIERCE TRANSIT Naomi Graham Purchasing Coordinator ADVERTISED:
Tacoma Daily Index Daily Journal of Commerce OMWBE Transit Talent
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SECTION I – General Information and Instructions to Proposers Specification No. PT-13-15
SECTION I. GENERAL INFORMATION AND INSTRUCTIONS TO PROPOSERS 1. INTRODUCTION Pierce Transit is seeking proposals from qualified firms to provide AV System Replacement. Proposals will be accepted by Pierce Transit’s Procurement Department until May 8, 2015, at 4:00 p.m. 2. INTERPRETATION AND INQUIRIES OF RFP DOCUMENTS PRIOR TO PROPOSAL If any person contemplating submitting a proposal is in doubt as to the true meaning of any provision or part of the Specifications or other Contract Documents, or finds discrepancies in, or omissions from such documents, may submit to Pierce Transit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will be made only by addendum and will be delivered to each person receiving a set of such documents. Pierce Transit will not be responsible for any other explanation or interpretation of the Contract Documents. All inquiries regarding the contents and requirements of this RFP must be in writing and directed to: Naomi Graham, Purchasing Coordinator, by fax (253.581.8075), email (
[email protected]), hand delivered, or mailed. Communications with Pierce Transit employees other than the employee listed above will not be permitted and may cause disqualification of the firm involved. All questions, comments, concerns or requests for clarifications regarding the contents and requirements of the RFP documents shall be submitted to and received by Pierce Transit no later than 4:00 p.m. on April 24, 2015. Requests shall be in writing by fax, email, or mail. Responses will not be given to inquiries received after this date and time. All responses will be provided to all plan holders in the form of an Addendum to the RFP. 3. PROPOSAL SUBMITTALS Proposer shall submit One (1) original and Five (5) copies of the Proposals. Proposals shall be either mailed or delivered to Pierce Transit’s Administrative Office no later than 4:00 p.m. on May 8, 2015. The Proposals shall be submitted in sealed envelope(s), clearly marked as to content, with the proposer’s name, along with “Proposal: PT-13-15” and addressed to: Naomi Graham, Purchasing Coordinator If mailed: Pierce Transit PO Box 99070 Lakewood, WA 98496-0070
If delivered: Pierce Transit 1st Floor Receptionist 3701 96th Street SW Lakewood, WA 98499-4431
All documents contained within the proposal packet must be completed, signed and returned to Pierce Transit by the designated date and time and shall include: Section V titled “Required Forms”.
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SECTION I – General Information and Instructions to Proposers Specification No. PT-13-15 Any submittal received after the specified date and time will be deemed non-responsive and rejected. Except for unforeseen circumstances that could warrant a change in the deadline by Pierce Transit for all respondents, requests for extensions of the closing time and date will not be granted. IF PROPOSALS ARE SENT BY MAIL OR ANY OTHER MEANS, THE RESPONSIBILITY FOR THEIR ON TIME DELIVERY TO PIERCE TRANSIT IS WHOLLY UPON THE PROPOSER. 4. PROPOSER’S ACKNOWLEDGMENT By submitting a proposal, each proposer will be deemed to have certified to Pierce Transit that the proposer has fully investigated and become completely familiar with the Contract Document requirements, operating conditions throughout Pierce Transit's service area and applicable local, state and federal laws and regulations relating to the procurement and revenue service operation of the paratransit vehicles. Pierce Transit will not consider claims for additional compensation based upon the proposer's lack of knowledge of such documents, statutes, regulations, resolutions or conditions. Occasions may arise that requires clarification of Contract Documents. Proposer shall rely only on written addenda provided by the Purchasing Division of Pierce Transit in submitting or revising proposals. In no event should a prospective proposer submit a proposal based upon an oral interpretation of the Contract Documents by any Pierce Transit staff or by any other firm or individual not associated with Pierce Transit. 5. CONFIDENTIALITY OF PROPOSALS Confidentiality of proposals is considered by Pierce Transit as an essential element of maintaining fairness during the evaluation process. However, confidentiality cannot be guaranteed under the Washington State Public Records Act, Chapter 42.56 RCW and/or other laws requiring disclosure. If a Public Records Act or other legal request is made for review or disclosure of all or portions of proposals which have been marked or identified as “confidential”, “proprietary” or “business secrets”, Pierce Transit will notify the affected proposer of the request five (5) calendar days prior to releasing such records. The proposer may take such legal action as it deems necessary to protect its interests at its own expense. Other than providing five (5) calendar days’ notice as discussed herein, Pierce Transit has no further obligation to and will not take any additional steps to avoid or prevent disclosure of such records. If the proposer has not obtained court order to prevent disclosure and provided such order to Pierce Transit prior to Pierce Transit’s deadline to disclose records under the Public Records Act, Pierce Transit may make such portions available for review and copying by the public as Pierce Transit deems necessary to comply with legal requirement. If proposer takes action to prevent disclosure of records by Pierce Transit under the Public Records Act, and any claim is made against Pierce Transit as a result, the proposer will defend and indemnify and/or reimburse Pierce Transit for all reasonable costs and fees directly associated with administrative; expert; legal costs and fees (including the reasonable fee for the services of in-house counsel); and any settlement, judgment, or assessment(s) under RCW 42.56.550 which arises as a result of proposer’s prevention of disclosure of such information. By submitting a proposal with portions marked “confidential”, “proprietary”, “business secrets”, or the like, the proposer has thereby agreed to the provisions of this section, including all defense and reimbursement obligations.
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SECTION I – General Information and Instructions to Proposers Specification No. PT-13-15 6. PROTEST AND/OR APPEAL Any actual or prospective bidder, including subcontractors and suppliers showing a substantial economic interest in the bid, that is allegedly aggrieved in connection with the solicitation or award of this Contract may protest to Pierce Transit in accordance with the procedures set forth herein. Protests based on the specifications or other terms in this Request for Proposals which are apparent prior to the date established for submission of proposals, shall be submitted to and received by Pierce Transit's Procurement Manager no later than seven (7) calendar days prior to said date. Protests based on other circumstances shall be submitted to and received by Pierce Transit’s Procurement Manager within seven (7) calendar days after the protesting party knows or should have known of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be considered in the event all proposals are rejected. Full compliance with the procedures for filing and documenting protest shall be a condition precedent to filing any further protest with the Federal Transit Administration (FTA) or to filing litigation. For the complete Protest and/or Appeal procedures, contact the Purchasing Department at Pierce Transit. 7. ADDITIONAL LANGUAGE Pierce Transit reserves the right to introduce additional terms and conditions at the time the final Contract is negotiated. Any additional terms or conditions would be limited to ones having the effect of clarifying the RFP language and or correcting defects, such as omissions or misstatements, which are discovered after the RFP is issued. 8. SINGLE PROPOSER RESPONSIBILITY Single proposer responsibility is required under the RFP. Each proposer responding to this RFP must bid all professional services, special services, equipment, materials and supplies specified under the terms of this RFP and, if awarded the Contract, must be the sole contracting party with Pierce Transit, responsible for all aspects of the Contract.
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SECTION II – Scope of Service Specification No. PT-13-15 SECTION II SCOPE OF SERVICE 1. INTRODUCTION Pierce Transit is soliciting proposals from qualified firms to provide AV System Replacement. Pierce Transit is a municipal corporation formed under authority of Chapter 36.57A of the Revised Code of Washington. Founded in 1979, Pierce County Public Transportation Benefit Area Corporation (Pierce Transit) is a nationally recognized leader in the public transportation industry. Pierce Transit covers 292 square miles of Pierce County with roughly seventy percent (70%) of the county population. Serving Washington’s second largest county, Pierce Transit provides three (3) types of service, Fixed Route, SHUTTLE paratransit and Vanpools that help get passengers to jobs, schools and appointments. 2. BACKGROUND Pierce Transit is seeking replacement of its existing AV System in our training facility. This building has three (3) dedicated training rooms that can operate as one large room, two (2) rooms together, or individually. These are multipurpose rooms used for training, meetings, board meetings, public hearings and several different activities throughout the Agency. Compounding the challenge is that nearly all furniture in these rooms is moveable and can be rearranged from event to event. The Vendor will perform training as well as provide ongoing support and maintenance on the equipment. The technology will need to be flexible, expandable and dependable as its uses and functionality will be a critical component for training at our Agency. The systems shall be the latest technology, easy to operate, and provide all the needed functions. The final system must be simple to operate for multiple users, provide flexibility in room design and be multi-functional. Pierce Transit has invested heavily in Microsoft Lync unified communication infrastructure and uses it on a daily basis; therefore this system must be compatible with Lync 2013 and newer. 3. SCOPE OF WORK/REQUIREMENTS Pierce Transit requests proposals to provide services in accordance with the following scope of work. Vendor should include equipment necessary to address ADA compliancy. Podium should have microphone and all connections necessary (HDMI, DVI, VGA) to easily and quickly connect a presenter’s computer to the AV System to make a presentation. Additional wireless handheld and lapel microphone should be available to allow presenters to move about while making presentations. Board Meetings require microphones that will last more than 8 hours if in full sessions, and the ability to easily turn them on and off. System should be designed so that meetings can be conducted and rooms configured without IT staff having to operate/monitor the AV control. Ceiling mounted projector, 1280p, minimum 7000 lumens, horizontal and vertical lens shift. 7 Form Revised 2/19/2015
SECTION II – Scope of Service Specification No. PT-13-15 Vendor is responsible for any required permits. All necessary cables, mounting hardware and other parts/supplies required to make the systems function are to be included in the proposal. Microphone technology shall contain background noise reduction. All wiring is to be fully documented in CAD Drawing and PDF’s in Printed and Electronic form. Vendor will provide training on all systems installed as part of this RFP. The training shall consist of two training tracks (a) System Administration Training (b) End user training. Training schedule will be coordinated with Pierce Transit. All training documentation will be delivered to the Project Manager before the training is conducted. Pierce Transit currently has several challenges with the existing system that need to be rectified with the new system installation:
Loud feedback interference occurs in ceiling speakers when presenter is using a microphone and is standing under or near the ceiling speaker. Desktop Microphones do not last in Board Meetings when they have full day sessions, need 8 hour battery time. Speaker system is not controllable by turning them off in the current system making it difficult to correctly configure rooms. Currently system is experiencing video feed issues from room 2 causing flickering issues during meetings in the other training rooms. When all of the air walls are closed the current microphones will not work in room 3, the furthest room from the AV closet.
Pricing Please provide pricing and equipment listing for mandatory equipment needed to meet RFP requirements and a price and equipment listing for any options that might be included – or added at a later date. EXAMPLE: Area
Equipment
Equipment $
Installation Cost
Equip A Equip B
$ 1000 $ 25,000 $ 26000
$ 500
Annual Maintenance Fee
Video Conference
Total Video Recording Equip A Equip B Total
$ 1000 $ 3400 $ 4400
$ 500
$500 $ 500
$5000
$ 50
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SECTION II – Scope of Service Specification No. PT-13-15 Currently Pierce Transit does not have all of the following feature, but is interested in adding them in this upgrade or down the road depending on pricing. Video Recording The ability to record what is on the screen being presented. The ability to record the room and the screen. Video Conferencing Audio Recording of meetings, events. Ability to stream meetings to other devices or on the internet. Audio and Video recordings to be able to play back on a windows based machine. 4. QUALIFICATIONS Candidates must possess the following qualifications: Must be certified by vendor or proposed system(s) to install and support.
5. PREVAILING WAGE The successful Contractor and all subcontractors shall be required to pay prevailing wages throughout the contract. The published wage rates from the Washington State Department of Labor and Industries currently in effect are listed in Attachment B. A “Statement of Intent to Pay Prevailing Wage” must be filed by the Contractor and all subcontractors at the beginning, at each annual anniversary, and option year of the contract. An “Affidavit of Wages Paid” shall be filed by the Contractor and all subcontractors at the end of each contract and optional year. Payments to the Contractor shall be held until forms are properly filed and certified. Forms are available through Labor and Industries and can be requested by email at dow/
[email protected], fax 360-902-5300, telephone 360-902-5335, or at any Labor and Industries service location. Forms may be filed electronically through Labor and Industries web site at www.ini.wa.gov/prevailingwage/. The Contractor must keep accurate payroll records for three (3) years following the end of the contract. Payroll records must show the name, address, social security number, trade or occupation, straight time rate, hourly rate of usual benefits and overtime hours worked each day and week, including agreements to work up to ten (10) hour days, and the actual rate of wages. Upon receiving written request by any interested party, the Contractor must, within ten (10) days, submit certified copies of the payroll records to Pierce Transit and to Labor and Industries.
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SECTION III – Proposal Evaluation and Award of Contract Specification No. PT-13-15
SECTION III PROPOSAL EVALUATION AND AWARD OF CONTRACT 1. PROPOSAL CONTENT REQUIREMENTS In the interest of an equitable and expedient review process, every proposer shall to the extent possible use the same form and order of Proposal. The format shall be eight and one-half inch by eleven inch (8 ½” x 11") size pages. If foldout sheets are used, please identify. A. Cover letter identifying the person to contact during this RFP process. Include, name, phone number and email address. B. Provide a full written scope of work detailing each aspect of the multimedia systems required by the specifications, including services and quality standards. C. References; include a minimum of three (3) references where responding proposer has installed similar systems and whom Pierce Transit may contact for references regarding the proposers past work and ability to meet project timelines. Provide the name of the client company/organization. Contact name and title of the individual responsible for monitoring the contract, include telephone numbers and addresses. The functions performed. The term of the contract and the types of service performed. D. Describe fully how maintenance shall be handled and identify any potential costs or charge out rates not included in the hourly rates show in the proposal. E. Describe allowable repair time for equipment failure and how the system shall be supported in case of system failure. F. Describe the training and the amount of time necessary to train Pierce Transit’s Staff to effectively operate the system. G. Provide manufacturer specification data sheets for all major system components. H. Describe the implementation team and their roles in ensuring a successful project. I. Describe the resources that will be available at cutover to address unforeseen problems. J. Describe any anticipated disruptions in service during the cutover period. K. Describe the responsibilities required of Pierce Transit to help ensure a successful cutover. L. The vendor will warranty the system for two years from the date of system acceptance at no additional charge. It is the Contractor’s responsibility to repair, replace all equipment on location. If the equipment needs to be repaired elsewhere a loaner may be requested at no cost to Pierce Transit. M. Completed attached Required Forms (Section V) 10 Form Revised 2/19/2015
SECTION III – Proposal Evaluation and Award of Contract Specification No. PT-13-15 2. EVALUATION OF PROPOSALS Proposals will be evaluated by Pierce Transit to determine which proposal, if any, should be accepted in the best interest of Pierce Transit. Pierce Transit at its sole discretion reserves the right to accept or reject proposals submitted and to waive any informalities and minor irregularities and to request additional information required to fully evaluate a proposal. This RFP includes the evaluation criteria. The numerical weights will not be disclosed, but the criteria are listed by order of importance. The evaluation criteria can only be modified in the form of an amendment by Pierce Transit. If only a single proposal is received or if it otherwise is not possible to perform a price analysis, Pierce Transit will conduct a cost analysis. In that event Proposers shall be required to make available to Pierce Transit detailed cost data to permit a cost analysis. A. Opening of Proposals Proposals will not be publicly opened and will be kept strictly confidential. B. Evaluation Committee An Evaluation Committee organized by Pierce Transit Staff will evaluate each proposal for content and conformity to the Scope of Services requested. C. Evaluation Criteria The criteria to be used in the evaluation, listed by order of importance, are as follows: 1. Technology Conference Capabilities Warranty Proposal Maintenance Proposal Video Conference Capabilities Speaker System User Ease of Presentation Functionality Recording Capabilities Lync Compatibility 2. Experience Previous experience with similar installs. Certified Installers. 3. Cost; Conference Video, Streaming Maintenance and Warranty. 4. Responsiveness Meeting outlined criteria. Timely, clear and concise response.
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SECTION III – Proposal Evaluation and Award of Contract Specification No. PT-13-15 D. Selection Process Proposals will be evaluated by Pierce Transit to determine which proposal, if any should be accepted in the best interest of Pierce Transit. Pierce Transit at its sole discretion reserves the right to accept or reject proposals submitted and to waive informational and minor irregularities and to request additional information required to fully evaluate a proposal. Proposals will not be publicly opened and will be kept strictly confidential during this process. Proposals will become public record once a contract has been awarded. All aspects of the evaluations and any negotiations, including documentation, correspondence and meetings, will be kept confidential by the Evaluation Committee. No information regarding any proposal or its evaluation will be discussed with other firms. An evaluation team shall review the proposals, discuss, assess and rank the proposals according to the evaluation criteria. These rankings will be used to determine if there is a single proposal that clearly is the most advantageous offer and is in the best interest of Pierce Transit. If so, Pierce Transit may proceed with an award to that proposer. It is pointed out that nothing in these procedures shall be interpreted to require Pierce Transit to award a contract to the lowest cost proposer. As described above, if a single most advantageous proposal is not so readily determined, then the Evaluation Committee will use the rankings to determine which proposals fall within a competitive range. Proposers falling within the competitive range may be invited to participate in an interview. Each may be invited for an interview with the Evaluation Committee to discuss all aspects of the proposal and answer specific questions. These questions may be provided in advance in writing and/or be oral. The purpose of each meeting will be to clarify and assure understanding of the requirements of the Contract, improve the technical aspects of the offer in an effort to better meet specifications and/or reduce the price, question any cost data provided and any such discussion relevant only to each proposal separately that may improve the proposal both technically and economically in the interest of Pierce Transit. No information cost or otherwise will be provided to any proposer about any other proposal. The meeting discussions will provide guidance to the proposer on how it may adjust its proposal to better fulfill the needs and requirements of Pierce Transit. Proposers will not be given any indication of a price they must meet to gain further consideration. Proposers will not be told of their rankings among other proposers. After proposals are received, information regarding the number and identity to the proposers who are in the competitive range and who are participating in the interviews will not be made available to any of the proposers, the public or anyone else who is not required to know. Following the interviews, no information will be discussed with the competitors or anyone outside the Evaluation Committee. After all interviews have been completed, Pierce Transit may ask for 12 Form Revised 2/19/2015
SECTION III – Proposal Evaluation and Award of Contract Specification No. PT-13-15 Best and Final Offers (BAFO). In this event, each of the proposers in the competitive range will be afforded the opportunity to amend their Proposals and submit their Best and Final Offers. The latter will then be evaluated and the ranking adjusted as needed. The proposer having the highest score will be recommended to the Pierce Transit Board of Commissioners. All proposals shall remain valid for ninety (90) days after submittal due date or after due date of Best and Final Offers, if any. E. Responsibility Pierce Transit will consider all the material submitted by the proposer, and other evidence it may obtain otherwise, to determine whether the proposer is capable of and has a history of successfully completing contracts of this type: 1. That it is skilled and regularly engaged in the general class or type of work called for under the Contract. 2. That it has the requisite experience, education, training, and ability; sufficient capital; and sufficient personnel to enable it to execute the work properly and successfully and to complete it within the time stated in the proposal. 3. That it has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and at comparable rates of progress. 3. POSTPONEMENT Pierce Transit reserves the right to postpone proposal submittal for its own convenience and to cancel the RFP. 4. MODIFICATION OF PROPOSALS A modification of a proposal already received will be considered only if the modification is received prior to the time and date established for submittal of proposals. All modifications shall be made in writing, executed and submitted in the same form and manner as the original proposal.
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SECTION III – Proposal Evaluation and Award of Contract Specification No. PT-13-15 5. REJECTION OF PROPOSALS Pierce Transit reserves the right to reject any or all proposals and to determine which proposal is in the judgment of Pierce Transit in the best interest of Pierce Transit. Pierce Transit also reserves the right to waive any informalities in any proposal. By submitting a proposal the proposer shall thereby be deemed to have accepted without reservation or amendment the whole of the RFP except as otherwise noted. Proposals that contain conditions different from those in the RFP or those which vary from or take exception to Technical Specifications may be rejected. 6. AWARD OF CONTRACT Within ninety (90) days after the deadline for submittal of the proposals or Best and Final Offers, if any, Pierce Transit will act either to award a contract or to reject all proposals. The acceptance of a proposal will be evidenced by a notice of award of contract in writing, delivered in person or by mail, to the proposer whose proposal is in the best interest of Pierce Transit. No other act of Pierce Transit shall constitute acceptance of a proposal.
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SECTION IV – General Terms and Conditions Specification No. PT-13-15
SECTION IV GENERAL TERMS AND CONDITIONS 1. EQUAL EMPLOYMENT OPPORTUNITY Pierce Transit is an equal opportunity employer, and all Contractors on Pierce Transit projects are required to follow a policy of affirmative action to ensure that applicants are employed and employees are treated in a manner in full compliance with the requirements of Executive Order 11246. 2. TERMS AND CONDITIONS All terms and conditions of this Request for Proposal form shall apply to Contracts resulting from this Request for Proposals. 3. TERM OF CONTRACT The term of the Contract shall be for a period of Three (3) years from date of contract execution. This Contract may be extended for Two (2) additional one-year periods upon the consent of both parties hereto. 4. INSURANCE A. The Contractor shall procure and maintain for the duration of this Contract liability insurance against claims for injuries to persons or damage to property or business losses that may arise from or in connection with the Contractor’s own work including the work of the Contractor’s agents, representatives, employees, SubContractors or SubContractors’ employees. B. Pierce Transit shall be named as an additional insured on the following Contractor’s liability insurance policies, and before beginning work, Contractor shall provide Certificates of Insurance listing Pierce Transit as an additional insured on policies providing the types and minimum limits of coverage as follows: 1. Business auto coverage for any auto no less than $1,000,000 per accident limit. 2. Commercial general liability insurance no less than $1,000,000 per occurrence with a $2,000,000 aggregate coverage shall include, but is not limited to, contractual liability, products and completed operations, property damage, and employer’s liability. 3. Pierce Transit reserves the right to receive a certified and complete copy of all of the Contractor’s current insurance policies with all endorsements upon fifteen (15) days’ notice. C. The Contractor is responsible for the payment of any deductible or self-insured retention that is required by any of the Contractor’s insurance carriers. If Pierce Transit is required to contribute to the deductible under any of the Contractor's insurance policies, the Contractor shall reimburse Pierce Transit the full amount of the deductible.
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SECTION IV – General Terms and Conditions Specification No. PT-13-15 D. It is the intent of this Contract for the Contractor’s insurance to be considered primary in the event of a loss, damage of suit. Pierce Transit’s own insurance will be considered excess coverage in respect to Pierce Transit. Additionally, the Contractor’s commercial general liability policy must provide cross-liability coverage as would be achieved under a standard Insurance Services Organization (ISO) separation of insureds clause. E. The Contractor shall request from his insurer a modification of the ACORD certificate to include language that notification will be given to Pierce Transit for any cancellation, suspension or material change in the Contractor’s coverage. 5. TERMINATION OF CONTRACT A. Termination for Convenience: Pierce Transit for its convenience may terminate this Contract, in whole or in part, at any time by written notice to the Contractor. After receipt of a Notice of Termination, and except as directed by the Pierce Transit, the Contractor shall immediately stop work as directed in the Notice, and comply with all other requirements in the Notice. The Contractor shall be paid its costs, including necessary and reasonable Contract close-out costs and profit on that portion of the work satisfactorily performed up to the date of termination as specified in the Notice. The Contractor shall promptly submit its request for the termination payment, together with detailed supporting documentation. If the Contractor has any property in its possession belonging to Pierce Transit, the Contractor will account for the same and dispose of it in the manner Pierce Transit directs. All termination payment requests are subject to cost/price analysis to determine reasonableness and compliance with the Contract, the Contract termination agreement, applicable laws and regulations. B. Termination for Default: In addition to termination for convenience, if the Contractor does not deliver supplies in accordance with the Contract delivery schedule, or if the Contract is for services and the Contractor fails to perform in the manner called for in the Contract, or if the Contractor fails to comply with any other material provisions of the Contract, Pierce Transit may terminate this Contract, in whole or in part, 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 and the effective date of termination. The Contractor will only be paid the Contract price for goods delivered and accepted, or services performed in accordance with the manner of performance set forth in the Contract less any damages to Pierce Transit caused by such default. All termination payment requests are subject to cost/price analysis to determine reasonableness and compliance with the Contract, the Contract termination agreement, applicable laws and regulations. If the Contractor has any property in its possession belonging to Pierce Transit, the Contractor will account for the same and dispose of it in the manner Pierce Transit directs. If the Contract is terminated, the rights, duties and obligations of the parties, including compensation to the Contractor, shall be determined in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this Contract. The termination of this Contract shall in no way
16 Form Revised 2/19/2015
SECTION IV – General Terms and Conditions Specification No. PT-13-15 relieve the Contractor from any of its obligations under this Contract nor limit the rights and remedies of Pierce Transit hereunder in any manner. If it is later determined by Pierce Transit that the Contract had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of are beyond the control of the Contractor, Pierce Transit, 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. Pierce Transit in its sole discretion may, in the case of a termination for breach or default, allow the Contractor fourteen (14) calendar days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to Pierce Transit’s satisfaction the breach or default or any of the terms, covenants, or conditions of the Contract within fourteen (14) calendar days after receipt by Contractor of written notice from Pierce Transit setting forth the nature of said breach or default, Pierce Transit shall have the right to terminate the Contract with a written 30-day cancellation notice without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Pierce Transit from also pursuing all available remedies against Contractor and its sureties for said breach of default. In the event that Pierce Transit elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by Pierce Transit shall not limit Pierce Transit’s remedies for any succeeding breach of that or of any other term, covenant or condition of the Contract. 6. DEFENSE AND INDEMNIFICATION AGREEMENT: To the extent permitted by law, the Contractor shall specifically and expressly defend, indemnify, and hold harmless, Pierce Transit, its officers, agents and employees at its own expense from and against any and all suits, claims, actions, losses, costs, penalties, and damages of whatsoever kind in nature, including reasonable attorneys' fees and claims by the employees of the Contractor, arising out of and in connection with performance of this Contract as a result of Contractor’s own acts or omissions. Contractor agrees that Pierce Transit is entitled to select and appoint its own counsel for defense of any suit, claim or action subject to the defense and indemnity provisions herein. If such suits, claims, actions, losses, costs, penalties, and damages are caused by or result from the concurrent negligence of the Contractor and Pierce Transit, then this defense and indemnity provision shall be valid and enforceable only to the extent of the Contractor's negligence. In instances of alleged concurrent negligence, Contractor shall provide a defense to Pierce Transit pending the final determination of Contractor and Pierce Transit’s proportionate share of negligence, if any. Further, Contractor shall not be required to hold Pierce Transit harmless or defend Pierce Transit, its officers, agents, and employees from any and all suits, claims, actions, losses, costs, penalties, and damages arising from the sole negligence of Pierce Transit, its officers, agents, and employees. This indemnification obligation shall include, but is not limited to, all claims brought against Pierce Transit by an employee or former employee of the Contractor. The indemnification provided herein shall apply to and require each party to defend, indemnify and hold harmless the other party for claims brought by an employee of one party against the other party if said claims are alleged to have arisen from the alleged negligent actions or omissions of the 17 Form Revised 2/19/2015
SECTION IV – General Terms and Conditions Specification No. PT-13-15 employee’s employer, and in such case, the Contractor and Pierce Transit, with respect to each other only, waive and will not assert against each other, any immunity under the Washington State Industrial Insurance Act (RCW Title 51). This waiver is limited to actions by and between the Contractor and Pierce Transit only and does not extend to the employees of either party. The Contractor and Pierce Transit expressly do not waive their immunity against claims brought by their own employees. 7. DISPUTE RESOLUTION: Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be subject to the dispute resolution procedures in this Subparagraph. Prior to the initiation of any action or proceeding to resolve disputes between Pierce Transit and Contractor, the parties shall make a good faith effort to resolve any such disputes by negotiation between representatives with decision-making power, who shall not have substantive involvement in the matters involved in the dispute, unless the parties otherwise agree. Failing resolution, the parties shall attempt to resolve the dispute through a mediation conducted by a person(s) or organization experienced in mediation initiated within thirty (30) days from the date of the request unless extended by agreement of both parties. The positions expressed and mediator's recommendations, if any, shall not be admissible as evidence in any subsequent proceeding. At all times during the course of any unresolved dispute between the parties, the Contractor shall supervise, direct and perform the Work in a diligent and professional manner and without delay as provided under the terms of the Contract. The good faith completion of negotiation efforts and mediation pursuant to this Article shall be a prerequisite to the filing of any litigation. Venue for any such litigation between the parties arising out of this Contract or related to the Project shall be exclusively in Pierce County Superior Court in Tacoma, Washington. 8. SUBCONTRACTORS: Subcontractors, if any, who will perform work under this Contract shall be the firms designated in the Contract, if any. No other subcontractors shall perform the services required under this Contract without the express written permission of Pierce Transit. The Contractor is expected to audit and review all invoicing and billing by subcontractors and will ensure that all personnel and billing rates are applied in strict conformance of the Contract. 9. ETHICS: a.
b. c.
The Contractor warrants that it has not employed nor retained any company, firm or person, other than a bona fide employee working solely for it, to solicit or secure this Contract, and that it has not paid or agreed to pay any company, firm or person, other than a bona fide employee working solely for it, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Pierce Transit shall have the right to annul this Contract without liability. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising there from. No member, officer, or employee of Pierce Transit or of a local public body during his tenure shall have any interest, direct or indirect, in this Contract or its proceeds.
18 Form Revised 2/19/2015
SECTION IV – General Terms and Conditions Specification No. PT-13-15 d.
Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, disability, age, marital status, political affiliation, national origin, and/or any protected classifications under state or federal laws.
10. AUDIT: For a period of 36 months from completion of work under this Contract, Contractor shall permit the authorized representatives of Pierce Transit, the U.S. Department of Transportation, the Controller General of the United States, and/or the Washington State Auditors’s Office to inspect and audit all data and records of Contractor relating to his performance under this Contract.
19 Form Revised 2/19/2015
SECTION V –Required Forms Specification No. PT-13-15
SECTION V REQUIRED FORMS
20 Form Revised 2/19/2015
SECTION V –Required Forms Specification No. PT-13-15 PIERCE TRANSIT 3701 - 9th Street S.W. P.O. Box 99070 Lakewood, Washington 98499
PROPOSAL PRICE FORM SPECIFICATION NO. PT-13-15 Attach cost and fee schedule on your own format. ADDENDA Receipt of Addenda numbered _____, _____, _____, is hereby acknowledged.
Contractor Name
Authorized Signature
Address
Printed Authorized Signature
Address
Title
Telephone
Date
Fax
Email
Additional Required Bidder Disclosure (per 49 CFR 26.11): Failure to complete this section could cause proposal/bid to be non-responsive. All three (3) questions must be completed. 1. Is this company (the prime bidder) a certified Disadvantaged Business Enterprise (DBE) or a certified Small Business Enterprise (SBE)? No ____ Yes____ If Yes
DBE ____ SBE ____ Certification No.:_____________________________________________
2. How many years has this company been in business? _________ years. 3. What are the annual gross receipts for this company? (Please Circle One Item.) Less than $500,000
$500,000-$1,000,000
$1,000,000-$2,000,000
$2,000,000 to $5,000,000
$5,000,000-$10,000,000
$10,000,000-$23,000,000
$23,000,000-$50,000,000
Greater than $50,000,000 21 Form Revised 2/19/2015
SECTION V –Required Forms Specification No. PT-13-15
NON-COLLUSION AFFIDAVIT
STATE OF
)
COUNTY OF
)
, being first duly sworn, on his oath says that he or she is , and that the bid above submitted is a genuine and not a sham or a collusive bid, or made in the interest of or on behalf of any person not herein named; and he or she further states that the said bidder has not directly or indirectly induced or solicited any other bidder for the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self advantage over any other bidder or bidders.
SIGN HERE
Subscribed and sworn to before me this
day of
, 20
.
Notary Public In and for the State of Residing in
22 Form Revised 2/19/2015
SECTION V –Required Forms Specification No. PT-13-15 AFFIDAVIT FOR COMPLIANCE (To be completed by all companies) STATE OF _____________ COUNTY OF ____________
) ) ss. )
The Undersigned, being first duly sworn, on oath states on behalf of the Company as follows: A.
Company has given notice to his or her supervisor and other employees and subcontractors of the terms of the Affirmative Action to be undertaken.
B.
The Company hereby designates (Name) (Title) as the person who has been charged with the responsibility for securing compliance with such Contract provision, and reporting progress in connection with the affirmative action to be undertaken herewith.
C.
The Company will ensure that equal opportunity of employment results during the term of this Contract by taking a combination of, or all of the following, affirmative steps OR will complete subsection 9 stating his or her own affirmative action in specific terms to ensure that equal opportunity of employment will result: 1. Notify predominantly minority organizations that are active in equal employment opportunities of positions available, in writing, and send copy to PIERCE TRANSIT. 2. Make specific and constant recruitment efforts with minority organizations, schools, and/or minority training organizations. 3. Make specific efforts to encourage present minority employees to recruit friends and relatives. 4. Provide after-school and summer employment to minority youths. 5. Seek out and negotiate with minority contractors to receive subcontract awards. 6. Seek, sponsor, and employ minorities for pre-apprentice, apprentice, and journeyman positions with contractor and other employers, and provide opportunities for advancement of minorities employed in project. 7. Cooperate fully with PIERCE TRANSIT and predominantly minority organizations active in equal opportunities, in seeking and hiring minorities. 8. Notify PIERCE TRANSIT in writing of any refusals by unions to cooperate with the Contractor's Affirmative Action Plan.
23 Form Revised 2/19/2015
SECTION V –Required Forms Specification No. PT-13-15 PIERCE TRANSIT AFFIDAVIT FOR COMPLIANCE
9.
OR, in lieu of the above subsections 1 - 8, shall take the following specific affirmative actions to ensure equal opportunities of employment. (If this portion is used, the statement must be specific and need not include any of the above subsections 1 - 8.)
(Bidder)
(Company Name)
(Phone No.) By (Name)
Subscribed and sworn to before me this
(Title)
day of
, 20___
(NOTARY PUBLIC IN AND FOR THE STATE OF) Residing at
24 Form Revised 2/19/2015
SECTION V – Required Forms Specification No. PT-13-15 PERSONNEL INVENTORY Prospective bidders must complete this Personnel Inventory Form each time a bid proposal is submitted to PIERCE TRANSIT in order to make bid proposals responsive to PIERCE TRANSIT's affirmative action requirements. The Personnel Inventory Form requires the signature of the company's designated EEO Officer or authorized representative. Name of Company
Date
EEO Officer/Authorized Rep
Phone
Total Employees
Total Minorities
M
M
Black
Asian
American Indian
Hispanic
M
M
Apprentices
Job Categories (Specify) F
F
M
F
M
F
F
F
TOTALS
Comments:
Signature 25 Form Revised 2/19/2015
M
F
On-the-Job Trainees
M
F
SECTION VI – Attachments Specification No. PT-13-15 PROFESSIONAL SERVICES CONTRACT CONTRACT NO. PT-**-** *(NAME OF PROJECT)
This CONTRACT is made this _____ day of *, 2015, between the Pierce County Public Transportation Benefit Area Corporation (hereinafter referred to as "Pierce Transit") and * (hereinafter referred to as "Contractor"). WHEREAS, Pierce Transit desires to retain the services of Contractor to provide *; and WHEREAS, Contractor is qualified, willing, and able to provide and perform said services; and WHEREAS, said services are temporary in duration. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to be kept, performed, and fulfilled by the respective parties hereto, and other good consideration, it is mutually agreed as follows: 1.
DOCUMENTS INCORPORATED IN THIS CONTRACT: Contractor shall comply with the terms and conditions of this Contract and with the terms and conditions of the documents listed below, if any, attached hereto, and by reference made a part hereof. The Contract and the documents incorporated herein constitute the entire Contract between Pierce Transit and the Contractor, except for modifications as provided, and in case of dispute shall govern in the following order of precedence: a. Amendments to this Contract; b. This Contract;
2.
SCOPE OF WORK: *
3.
OBLIGATIONS OF PIERCE TRANSIT: a. Compensation: The hourly rate of compensation shall be *. b. Reimbursement for Expenses and Pier Diem: Pierce Transit will reimburse the Contractor for bona fide and reasonable expenses, as defined by the Federal Acquisition Circular (FAR), for expenses incurred in the course of the Contractor’s provision of services hereunder; a determination of what constitutes such an expense will be made by Pierce Transit after a claim is presented to it, and Pierce Transit’s good faith determination will be binding on both parties hereto. c. Maximum Compensation: The maximum total compensation which may be paid for the work and product described in Section 2 of this Contract shall be *. d. Funding for this project is contingent upon the annual adoption of the Agency budget. e. Payment shall be made by Pierce Transit within thirty (30) days of receipt of a correct invoice from the Contractor. Incorrect invoices are subject to rejection or correction by Pierce Transit. f. Subcontractor Billing: The Contractor shall audit and review all invoicing and billing of subcontractor and assure Pierce Transit that all proper personnel and rates are applied in strict conformance with the Contract.
4.
PROPERTY RIGHTS: All records or papers of any sort relating to Pierce Transit and to the project will at all times be the property of Pierce Transit and shall be surrendered to Pierce Transit upon demand. All information concerning Pierce Transit and said projects, which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or in part, now or at any time disclose that information without the express written consent of Pierce Transit. 26 Form Revised 2/19/2015
SECTION VI – Attachments Specification No. PT-13-15 5.
PUBLIC DISCLOSURE: a. This Contract and all records provided to Pierce Transit by Contractor hereunder may be public records subject to disclosure under the Washington State Public Records Act and/or other laws requiring disclosure or discovery of records. In the event Pierce Transit receives a request for such disclosure, Pierce Transit will provide Contractor with five (5) days’ written notice prior to release of responsive records. The parties acknowledge that Pierce Transit is not liable for any release of records pursuant to public disclosure or discovery laws. b. Contractor may mark certain record(s) as “Confidential” or “Proprietary”. If Contractor fails to so mark record(s), then Pierce Transit, upon request, may release said record(s) without the need to satisfy the requirements of subsection A above.
6.
INDEPENDENT CONTRACTOR RELATIONSHIP: a. The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of Pierce Transit, and shall not be entitled to any of the usual benefits incident to employment with Pierce Transit. b. Any and all employees of the Contractor, while engaged in the performance of any work or service required by the Contractor under this Contract, shall be considered employees of the Contractor only and not of Pierce Transit and any and all claims that may or might arise under the Workers' Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Contractor. c. The Contractor shall not engage, on a full or part-time basis, or other basis, during the period of the Contract, any professional or technical personnel who are, or have been at any time during the period of this Contract, in the employ of Pierce Transit, except regularly retired employees, without written consent of Pierce Transit.
7.
DESIGNATED EMPLOYEES: The employees who will perform the services on behalf of the Contractor shall be designated by the Contractor and a list of such designated employees shall be provided to Pierce Transit at the commencement of Contractor’s work. No other individuals may perform the services required by this Contract without the express written permission of Pierce Transit. Pierce Transit may, however, require the removal of any employee and the Contractor shall replace such employee upon demand by Pierce Transit.
8.
SUBCONTRACTORS: Subcontractors, if any, who will perform work under this Contract shall be the firms designated in this Contract, if any. No other subcontractors shall perform the services required under this Contract without the express written permission of Pierce Transit. The Contractor is expected to audit and review all invoicing and billing by subcontractors and will ensure that all personnel and billing rates are applied in strict conformance of the Contract.
27 Form Revised 2/19/2015
SECTION VI – Attachments Specification No. PT-13-15 9.
ETHICS: e. The Contractor warrants that it has not employed nor retained any company, firm or person, other than a bona fide employee working solely for it, to solicit or secure this Contract, and that it has not paid or agreed to pay any company, firm or person, other than a bona fide employee working solely for it, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Pierce Transit shall have the right to annul this Contract without liability. f. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising there from. g. No member, officer, or employee of Pierce Transit or of a local public body during his tenure shall have any interest, direct or indirect, in this Contract or its proceeds. h. Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, disability, age, marital status, political affiliation, national origin, and/or any protected classifications under state or federal laws.
10.
AUDIT: Contractor shall permit the authorized representatives of Pierce Transit, the U.S. Department of Transportation, the Controller General of the United States, and/or the Washington State Auditor’s Office to inspect and audit all data and records of Contractor relating to his performance under this Contract.
11.
TERM OF CONTRACT: This Contract shall be effective as of the date first written above and shall expire on *.
12.
EXTENSIONS AND TERMINATION: a. This Contract may be extended for an additional period upon the written consent of both parties hereto. b. This Contract may be terminated by either party on ten (10) days' written notice to the other, except that if the Contractor fails to perform or observe any of the provisions, terms, or conditions herein, Pierce Transit may terminate this Contract immediately so long as written notice is thereafter communicated to the Contractor at his last known address. Pierce Transit will pay for all services rendered up to the time of notification of termination of this Contract, less prior interim payments, if any. Upon payment of such sums, Pierce Transit shall be discharged from all liability to the Contractor hereunder and this Contract shall be considered terminated unless extended in writing by mutual agreement between the parties hereto. c. Upon termination of Contract under Paragraph "a." above, all documents, records, and file materials shall be turned over to Pierce Transit by the Contractor. d. All services to be rendered under this Contract shall be subject to direction and approval of Pierce Transit.
13.
ASSIGNMENT: This Contract may not be assigned or otherwise transferred by either party hereto, nor will the Contractor delegate, nor hire additional persons to perform services and duties under this Contract, without the advance written consent of Pierce Transit.
14.
WAGE AND HOURS LAW COMPLIANCE: Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and all other legislation affecting its employees and the rules and regulations issued thereunder insofar as applicable to its employees and shall at all times save Pierce Transit free, clear and harmless from all actions, claims and expenses arising out of said Act and rules and regulations that are or may be promulgated in connection herewith.
28 Form Revised 2/19/2015
SECTION VI – Attachments Specification No. PT-13-15 15.
SOCIAL SECURITY AND OTHER TAXES: Contractor assumes full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any city, county, federal or state legislation which is now or may during the term of the Contract be enacted as to all persons employed by the Contractor and as to all duties, activities and requirements by the Contractor in performance of the work on this project and under this Contract and shall assume exclusive liability thereof, and meet all requirements there under pursuant to any rules or regulations.
16.
INSURANCE: a. The Contractor shall procure and maintain for the duration of this Contract liability insurance against claims for injuries to persons or damage to property or business losses that may arise from or in connection with the Contractor’s own work including the work of the Contractor’s agents, representatives, employees, Subcontractors or Subcontractors’ employees. b. Pierce Transit shall be named as an additional insured on the following Contractor’s liability insurance policies, and before beginning work, Contractor shall provide Certificates of Insurance listing Pierce Transit as an additional insured on policies providing the types and minimum limits of coverage as follows: 1) Business auto coverage for any auto no less than $1,000,000 per accident limit. 2) Commercial general liability insurance no less than $1,000,000 per occurrence with a $2,000,000 aggregate coverage shall include, but is not limited to, contractual liability, products and completed operations, property damage, and employer’s liability. 3) Pierce Transit reserves the right to receive a certified and complete copy of all of the Contractor’s current insurance policies with all endorsements upon fifteen (15) days’ notice. c. The Contractor is responsible for the payment of any deductible or self-insured retention that is required by any of the Contractor’s insurance carriers. If Pierce Transit is required to contribute to the deductible under any of the Contractor's insurance policies, the Contractor shall reimburse Pierce Transit the full amount of the deductible. d. It is the intent of this Contract for the Contractor’s insurance to be considered primary in the event of a loss, damage of suit. Pierce Transit’s own insurance will be considered excess coverage in respect to Pierce Transit. Additionally, the Contractor’s commercial general liability policy must provide crossliability coverage as would be achieved under a standard Insurance Services Organization (ISO) separation of insureds clause. e. The Contractor shall request from his insurer a modification of the ACORD certificate to include language that notification will be given to Pierce Transit for any cancellation, suspension or material change in the Contractor’s coverage.
29 Form Revised 2/19/2015
SECTION VI – Attachments Specification No. PT-13-15 17.
DEFENSE AND INDEMNIFICATION AGREEMENT: To the extent permitted by law, the Contractor shall specifically and expressly defend, indemnify, and hold harmless, Pierce Transit, its officers, agents and employees at its own expense from and against any and all suits, claims, actions, losses, costs, penalties, and damages of whatsoever kind in nature, including reasonable attorneys' fees and claims by the employees of the Contractor, arising out of and in connection with performance of this Contract as a result of Contractor’s own acts or omissions. Contractor agrees that Pierce Transit is entitled to select and appoint its own counsel for defense of any suit, claim or action subject to the defense and indemnity provisions herein. If such suits, claims, actions, losses, costs, penalties, and damages are caused by or result from the concurrent negligence of the Contractor and Pierce Transit, then this defense and indemnity provision shall be valid and enforceable only to the extent of the Contractor's negligence. In instances of alleged concurrent negligence, Contractor shall provide a defense to Pierce Transit pending the final determination of Contractor and Pierce Transit’s proportionate share of negligence, if any. Further, Contractor shall not be required to hold Pierce Transit harmless or defend Pierce Transit, its officers, agents, and employees from any and all suits, claims, actions, losses, costs, penalties, and damages arising from the sole negligence of Pierce Transit, its officers, agents, and employees. This indemnification obligation shall include, but is not limited to, all claims brought against Pierce Transit by an employee or former employee of the Contractor. The indemnification provided herein shall apply to and require each party to defend, indemnify and hold harmless the other party for claims brought by an employee of one party against the other party if said claims are alleged to have arisen from the alleged negligent actions or omissions of the employee’s employer, and in such case, the Contractor and Pierce Transit, with respect to each other only, waive and will not assert against each other, any immunity under the Washington State Industrial Insurance Act (RCW Title 51). This waiver is limited to actions by and between the Contractor and Pierce Transit only and does not extend to the employees of either party. The Contractor and Pierce Transit expressly do not waive their immunity against claims brought by their own employees.
18.
DISPUTE RESOLUTION: Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be subject to the dispute resolution procedures in this Subparagraph. Prior to the initiation of any action or proceeding to resolve disputes between Pierce Transit and Contractor, the parties shall make a good faith effort to resolve any such disputes by negotiation between representatives with decision-making power, who shall not have substantive involvement in the matters involved in the dispute, unless the parties otherwise agree. Failing resolution, the parties shall attempt to resolve the dispute through a mediation conducted by a person(s) or organization experienced in mediation initiated within thirty (30) days from the date of the request unless extended by agreement of both parties. The positions expressed and mediator's recommendations, if any, shall not be admissible as evidence in any subsequent proceeding. At all times during the course of any unresolved dispute between the parties, the Contractor shall supervise, direct and perform the Work in a diligent and professional manner and without delay as provided under the terms of the Contract. The good faith completion of negotiation efforts and mediation pursuant to this Article shall be a prerequisite to the filing of any litigation.
19.
CONTENT AND UNDERSTANDING: This Contract contains the complete and integrated understanding and agreement between the parties and supersedes any previous understanding, agreement or negotiation whether oral or written.
30 Form Revised 2/19/2015
SECTION VI – Attachments Specification No. PT-13-15 20.
NOTICES: Any notice given by either party to the other hereunder shall be served, if delivery in person, to the office of the representative authorized and designated in writing to act for the respective party, or if deposited in the mail, properly stamped with the required postage and addressed to the office of such representative as indicated in this Contract. Either party hereto shall have the right to change any representative or address it may have given to the other party by giving such other party due notice in writing of such change. To the Contractor:
*
To Pierce Transit:
Dana Henderson, General Counsel Pierce Transit 3701 96th Street SW PO Box 99070 Lakewood, WA 98496-0070 Tel: 253.777.4977 Fax: 253.581.8075 E-mail:
[email protected]
21.
CHANGES: No change, alteration, modification, or addition to this Contract will be effective unless it is in writing and properly signed by both parties hereto.
22.
GOVERNING LAW AND VENUE: This Contract and the rights and obligations of the parties hereunder shall be governed by the laws of the State of Washington. Pierce County Superior Court shall be the venue for any legal action.
23.
SEVERABILITY: If one or more of the Contract clauses is found to be unenforceable, illegal or contrary to public policy, the Contract will remain in full force and effect except for the clauses that are unenforceable, illegal or contrary to public policy.
24.
AUTHORIZED REPRESENTATIVE: In performing the services defined herein, Contractor shall report to: *. Contractor's Representative is: *.
31 Form Revised 2/19/2015
SECTION VI – Attachments Specification No. PT-13-15 IN WITNESS WHEREOF, the parties hereto have signed this Contract on the day and year written below. PIERCE COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION
*
James L. Walton Interim Chief Executive Officer
* *
Date
Date
Wayne Fanshier Chief Financial Officer
Date
ATTEST:
Deanne Jacobson, CMC Clerk of the Board
32 Form Revised 2/19/2015
SECTION VI – Attachments Specification No. PT-13-15
State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540
Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key.
Journey Level Prevailing Wage Rates for the Effective Date: 3/27/2015 County Pierce
Trade Electronic Technicians
Job Classification Journey Level
Wage
Holiday Overtime
32.39
Note
1
Overtime Calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. Prevailing wage information is available on Washington State Labor and Industries website at http://www.lni.wa.gov/.
33 Form Revised 2/19/2015
