Simplified Request for Proposals

Point of Contact:

Kristn Bruington, CPPB Procurement Specialist

(425) 521-5235 procurement@commtrans.org

RFP Number: 2026-098

Sweeping Services

TIMELINE

The following represents the tentative schedule for this solicitation. Any change in the scheduled dates of the events in the timeline below will be issued in an Addendum to this RFP. The award schedule may be adjusted without notice.

Event Date

Issue Date....................................................................... July 14, 2026

Deadline for Final Questions........................................... July 31, 2026

Proposal Due Date August 12, 2026, 2:00 p.m.

Pacific Time

Award/Contract Start Date ............................................. August 2026

OFFER PERIOD – 90 DAYS

Each proposal shall remain open for the offer period above beginning on the proposal due date. Community Transit reserves the right to request an extension to this period.

Qualified Vendors are invited to submit proposals for parking lot sweeping services at various Snohomish County properties which are both owned and/or managed by Community Transit.

Fixed price contract for a term of one year (1), with four (4) one-year extension options, at the sole discretion of Community Transit.

mailto:procurement@commtrans.org

SECTION 1 - INSTRUCTIONS 1

SECTION 1 – INSTRUCTIONS

1.01 PREPARATION OF PROPOSALS

A. Vendors shall examine the Request for Proposal’s Scope of Work, Solicitation Instructions and Conditions, the General Provisions and all Exhibits and Attachments. Failure to do so shall be at Vendor's risk.

B. Each Vendor shall furnish the information required by the solicitation.

Incomplete or missing forms may cause your proposal to be deemed non-responsive. Erasures or other changes shall be initialed by the person signing the proposal.

C. Proposals submitted must be full and complete. Due to web vulnerabilities, Community Transit reserves the right to disregard links or references to websites or other external sources included in a Proposal, unless such links or references are specifically requested in this RFP.

D. Proposals for goods and/or services other than those specified will not be considered unless authorized by the solicitation.

E. Community Transit is not responsible for any cost associated with the preparation of responses to this request or any other costs incurred by any Vendor prior to the execution of a contract. All materials submitted become the property of Community Transit.

F. Information will not be released by Community Transit prior to contract award in order to protect the integrity of the procurement process, unless otherwise required by law. All proposals will remain confidential until a contract is awarded and fully executed by all parties involved.

G. By responding to this solicitation, the Vendor and its legally authorized individual understands and agrees to be bound by all requirements and contract terms and conditions contained in this solicitation.

Further, Vendor also certifies that:

1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms; and

2. The Proposal is made without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party; and

3. Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.

1.02 PROPOSAL SUBMITTAL

Vendors shall provide a proposal which shall demonstrate an understanding of the project requirements as stated throughout this Request For Proposals.

Vendors may emphasize in their narrative any areas of their proposal that they believe exceed our requirements.

SECTION 1 - INSTRUCTIONS 2

1.03 PROPOSAL SUBMISSION INSTRUCTIONS

A. REGISTER on Community Transit’s procurement web portal (https://www.communitytransit.org/about/procurement and click ‘Vendor Registration’)

B. Download documents from DOCUMENTS tab

C. Questions can be submitted by deadline in the CLARIFYING QUESTIONS tab.

1. If electing to submit clarifying questions, Vendor must first carefully review the Scope of Work, solicitation documents and any prior clarifying question responses. Clarifying questions should be relevant to this solicitation and necessary to submit a proposal with the information Community Transit has asked the Vendor to provide.

D. Upload completed documents to RESPONSE tab:

1. Certification Regarding Conflict-of-Interest Form – (Form 7.02)

2. Questionnaire Form – (Form 7.03)

3. Price Sheet – (Form 7.04)

Questionnaire

Vendor shall complete and submit Form 7.03 Questionnaire. Your response will be evaluated against the selection criteria as shown in Section 2.01 Evaluation Process.

Price Proposal

A. Vendor shall complete the Price Sheet in Section 7.04. Your response will be evaluated against the selection criteria as shown in Section 2.01.

1. Price shall include all costs necessary to perform the work and complete the Contract. The price must include, but is not limited to, furnishing all materials, equipment, supplies, tools, plant and other facilities and all management, supervision, labor and service, except as may be provided otherwise in the Scope of Work.

2. For evaluation purposes, prices shall not include Washington State sales taxes and Federal excise taxes. See also Section 5, 5.24.

1.04 VENDOR PROPOSED EXCEPTIONS

By submitting a proposal, the Vendor has accepted, without reservation, the whole of the general requirements, the legal requirements, and contract provisions contained in this solicitation document. If no exceptions are noted in the Vendor's proposal, Community Transit expects complete conformance by the Vendor.

A Vendor shall document any exceptions or additional provisions that it wishes Community Transit to consider. The Vendor shall clearly identify any proposed https://www.communitytransit.org/about/procurement

SECTION 1 - INSTRUCTIONS 3

deviations from the language contained herein. Each exception must be clearly defined and cross-referenced to the proper paragraph in this solicitation. The exception shall include, at a minimum, the Vendor's proposed substitute language and opinion as to why the suggested substitution will provide equivalent or better service and performance.

Note: Community Transit reserves the right to reject any or all Vendor-proposed exceptions or additional provisions to terms and conditions and other requirements without comment. An excessive number of exceptions may cause the Proposal to be viewed as non-responsive.

1.05 COMMUNICATIONS WITH COMMUNITY TRANSIT

This section only applies to communications regarding this solicitation. All other communications remain unrestricted.

A blackout period is established between the time a solicitation is issued by Community Transit and the time the agency awards the contract. After the issuance of any solicitation, all Vendors, contractors, consultants or individuals acting on their behalf are hereby prohibited from contacting any Community Transit employee, official, or representative at any time during the blackout period. Communications concerning this solicitation with others than the listed Procurement Staff may cause the Vendor to be disqualified.

Questions and requests for clarifications shall be made before the deadline specified via Community Transit’s procurement web portal at https://www.communitytransit.org/about/procurement.

1.06 REVISIONS OF PROPOSALS

All revisions shall be made in writing, executed, and submitted in the same form and manner as the original proposal.

1.07 REQUEST FOR DUE DATE EXTENSION

Prior to the deadline for questions due, Vendors may request an extension of the proposal due date. Such requests must be accompanied by documentation to justify an extension. Vendor also agrees to supply any additional information that may be required by Community Transit to make a decision on any request for extension. Community Transit shall examine the request and any documents and shall determine if the Contractor is entitled to an extension and the duration of such extension. Any approved extension will be issued as an addendum and published via Community Transit’s procurement web portal.

1.08 LATE PROPOSALS

The time of receipt at Community Transit is the date-time stamp of the offer upload per Community Transit’s solicitation portal. Submittals will not be accepted by the portal after the due date of the solicitation.

https://www.communitytransit.org/about/procurement

SECTION 1 - INSTRUCTIONS 4

1.09 REJECTION OF PROPOSALS

Community Transit may waive informalities and minor irregularities in proposals received. Community Transit reserves the right to reject any or all proposals.

1.10 JOINT VENTURE

Joint venture proposals will not be accepted by Community Transit. Vendors shall structure their proposals so that the Vendor is the Primary Contractor.

Firms associated with the Primary Contractor, providing goods and/or services to Community Transit under this Contract, shall be as a subcontractor to the Primary Contractor and not to Community Transit.

1.11 SINGLE PROPOSER

In the event that only one proposal is received, Community Transit may request an extension of the offer period and/or conduct a price or cost analysis on the single proposal. Vendor shall promptly provide all cost or pricing data, documentation, and explanations requested by Community Transit to assist in such analysis. Community Transit is not obligated to accept the single proposal and reserves the right to reject it or any portion thereof.

1.12 INELIGIBLE PROPOSERS

Any Vendor designated with an "active exclusion" or otherwise "excluded" status as shown in the System for Award Management (SAM) www.sam.gov may have their proposal rejected, or if already under contract with Community Transit, may have their contract terminated. This provision also applies to any cross-referenced business names or named individuals as shown in a SAM exclusion detail report.

1.13 ADDEND A

If at any time Community Transit changes, revises, deletes, clarifies, increases, or otherwise modifies the solicitation, a written Addendum to the solicitation will be issued. Some routine or non-critical clarifications (items that don’t change the scope) may be provided under “Clarifying Questions” on our website for this solicitation without issuance of Addenda. Vendors or Proposers must register for this solicitation to be notified of any addenda and/or new documents. It is the Vendor’s responsibility to check for addenda and other new documents on-line.

No oral interpretations of the solicitation will be made to any Vendor. All questions and any explanations must be requested in the clarifying questions tab no later than the deadline specified on the cover sheet or as extended per addendum. Oral explanations or instructions are not binding.

1.14 ACKNOWLEDGMENT OF ADDEND A

By submitting a response, Vendor acknowledges receipt of addenda.

http://www.sam.gov/

SECTION 2 – EVALUATION & AWARD 1

SECTION 2 – EVALUATION & AWARD

2.01 EVALUATION PROCESS

A Community Transit evaluation team will review and score proposals in accordance with the requirements stated in this solicitation.

Selection Criteria: Proposals will be evaluated based on the following weighted criteria and relevant information obtained by Community Transit through other means (i.e.

references, past performance, etc.).

# Criteria Points Description

1 Qualifications and Relevant Experience

20 Evaluate responses from Questionnaire.

2 Technical Capability, Approach, and Capacity

20 Evaluate responses from Questionnaire.

3 Communication, Customer Services, and Training

15 Evaluate responses from Questionnaire.

4 Performance, Quality Assurance and Sustainability

20 Evaluate responses from Questionnaire.

5 Price Proposal 25 Evaluate Vendors’ price proposals to determine cost realism and reasonableness.

Proposed prices:

are realistic for the work to be performed;

demonstrate that the Vendor understands the Scope of Work (Section 3); and are reasonable as compared to the level of effort detailed in the Vendor’s proposal.

Total 100

Interviews: Community Transit may request interviews with the highest-ranked Vendor(s). The purpose of the interview, if held, will be to further review the finalist(s) in specific areas to determine which proposal provides the best fit and value to Community Transit. Finalist(s) shall have key employees available for these interviews. Community Transit will notify the finalist(s) as to the time, date, and location for an interview or conference call.

Final Selection: The final selection will be based on the total of the scores achieved.

The highest-ranked Vendor(s) may be requested to submit a Best and Final Offer (BAFO). Community Transit may enter into final negotiations with the highest ranked

SECTION 2 – EVALUATION & AWARD 2

Vendor for the purposes of contract award. Proposals should be submitted with the most favorable offer as Community Transit may award without further discussions.

2.02 AWARD

Community Transit will award to the Vendor whose offer conforms to the solicitation and will be most advantageous to Community Transit. Community Transit is not required to award a Contract to the Vendor offering the lowest price. Within the offer period, Community Transit will either decide to award a contract or reject all proposals.

Intent to Award: The intent to award notification will be posted on our website as shown on the cover sheet. Only the selected Vendor will be sent an Intent to Award letter and a Contract.

Notice to Proceed: Upon submission of all required documents, Community Transit will execute the Contract and issue a Notice to Proceed.

Debrief: Unsuccessful proposers are welcome to submit a debrief request through the point of contact on the solicitation cover sheet.

SECTION 3 – SCOPE OF WORK 1

SECTION 3 – SCOPE OF WORK

3.01 PURPOSE

Parking lot maintenance, safety and appearance is a vital element of Community Transit’s service to its customers, employees and government agencies. It will be essential that the vendor or vendors awarded this services contract ensure that every service visit to a Community Transit property is completed to the highest degrees of safety, effectiveness, efficiency and the highest level of industry standards.

Community Transit is seeking parking lot sweeping services at various Snohomish County properties which are both owned and/or managed by Community Transit. Community Transit properties include but are not limited to Bus Operating Base Tarmacs, Employee Parking Lots, Park & Ride Parking Lots, Parking Garage and Bus Transit Centers.

There are 26 Community Transit properties in this solicitation. Property locations and approximate square footage of each service area is provided in Section 7.04

- Price Sheet. Photos of each site are provided in Attachment A.

Each vendor is encouraged to read this entire section and be familiar with services, desired performance expectations, property locations, attachment and pricing sheet.

It is the responsibility of the vendor to visit each property and become familiar with the circumstances of each property. Submission of a Proposal will be evidence that the Vendor knows of all conditions affecting performance and bid prices.

3.02 SUB-CONTRACTING

Sub-Contracting lot sweeping services will not be permitted under this contract.

3.03 GENERAL REPONSIBILITES

1. Vendor must provide all sweeping services equipment and equipment accessories intended to be operated at Community Transit properties.

Equipment must be maintained in safe operation condition.

2. Whenever vendor equipment is on Community Transit properties providing services, emergency flashing safety equipment shall be on. Emergency flashing safety equipment shall meet or exceed RCW (Revised Code of Washington) 46.37.215 requirements.

3. Vendors shall provide evidence that all employees assigned to this contract and performing work on Community Transit properties have valid Washington State Driver’s License.

SECTION 3 – SCOPE OF WORK 2

4. Prior to contract execution, Vendor must provide a written safety plan as well as emergency policy and procedures used when furnishing lot sweeping services to Community Transit. Vendor will also be asked to describe these in their response to the Questionnaire (Form 7.03)

5. Vendor must provide details of GPS tracking verification for any lot sweeping services to any Community Transit property. Vendor is required to have sweeper’s history, dating back no less than three (3) months and include the ability to print maps and reports. Reports shall include the speed and direction of the sweeper, date, time, latitude, longitude and time duration at each Community Transit site for the sweeper service. These reports shall be furnished within 7 days from request of Community Transit.

6. Vendor must provide a written Quality Control Plan (QCP) that will detail the vendor’s approach to ensure that any lot serviced will be completed to the highest level of industry standards. The QCP shall describe inspection procedures, corrective actions, response times for deficiencies, documentation methods, and communication procedures with Community Transit.

7. Vendor shall immediately report accidents, injuries, property damage, hazardous spills, security incidents, or unsafe conditions to the Community Transit Project Manager and follow up with a written incident report within 24 hours.

3.05 VENDOR’S EMPLOYEES

1. The vendor will ensure that any keys or security badges issued by Community Transit will not be shared or used for any purpose other than to access Community Transit properties for scheduled services.

2. If any key or security badge issued by Community Transit is lost, the vendor will notify Community Transit immediately.

3. Vendor employees shall present themselves in a professional manner and comply with Community Transit safety and security requirements.

4. At all times while on Community Transit properties, vendor employees shall wear ANSI/ISEA 107 standard high visibility safety shirt, vest or jacket which clearly identifies the employee and the name of the company represented.

3.06 SCOPE AND SERVICE EXPECTATIONS

A. SERVICE PERFORMANCE

1. Each service visit shall leave the service area free of accumulated trash, dirt, leaves, mud, gravel, and other debris.

2. Special attention will be paid to parking lot curbs and corners on each service visit. Each service visit will include the use of equipment outer

SECTION 3 – SCOPE OF WORK 3

brooms to clear and clean gutters. Vendor will not allow any buildup of mud, leaves, trash, cigarette butts or any other debris along the parking surface curbs or corners.

3. For each service visit, vendor shall use physical and mechanical methods to accomplish a complete surface cleaning of each Community Transit property, which shall include, but not limited to the use of handheld blowers, vacuums, or similar equipment to focus on curb lines, curb corners and other surface areas not accessible by motorized equipment.

4. Vendor shall employ sweeping methods that minimize dust generation, protect air quality, and prevent damage to parked vehicles and surrounding property.

5. Vendors shall abide by posted speed limits at each property, not to exceed 10 mph in large open areas and 3-5mph around curbs with heavily soiled surfaces.

6. Vendor shall have equipment capable of removing seasonal leaf accumulation through vacuum, mulching, or equivalent collection methods.

7. All trash, dirt, leaves, pine needles and other debris collected by the lot sweeping services will be removed from the property for proper disposal.

No dumping will be allowed on any Community Transit owned or managed property.

8. The vendor shall be responsible for all disposal costs and shall identify, upon request by Community Transit, the method and locations of all disposal locations. Upon request, the vendor shall provide documentation demonstrating proper disposal of debris collected during performance of the services.

B. SWEEPING LOCATIONS AND SCHEDULE

The below sweeping services schedule was created to allow for the maximum surface area to be serviced with a minimum impact on Community Transit customers, employees, and operations. Community Transit reserves the right to change the service schedule at any time.

Property Sweeping Schedule 1 Ash Way Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 2 Mariner Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM

3 Hardeson Base - Tarmac MON -FRI 3:00 -5:00 PM Hardeson VM/HCSO Base – Employee parking SAT & SUN

4 Kasch Park Base - Tarmac MON -FRI 3:00 -5:00 PM Kasch Park Base - Employee SAT & SUN

5 Kasch Park Training Facility MON – FRI after 8:00 PM 6 Cascade Administration Building lot MON – FRI after 8:00 PM 7 Monroe Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM

SECTION 3 – SCOPE OF WORK 4

8 Edmonds Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 9 Edmonds College Transit Center Loop MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 10 Lake Stevens Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 11 Swamp Creek Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 12 Marysville Park & Ride #1 MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 13 Marysville Park & Ride #2 MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 14 Marysville Park & Ride #3 MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 15 Cedar & Grove Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 16 Canyon Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 17 Seaway Transit Center MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 18 Stanwood #1 Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 19 Stanwood #2 Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 20 Snohomish Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 21 Sultan Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 22 McCollum Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 23 Smokey Point Transit Center MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM 24 Cathcart Park & Ride MON – FRI after 11:00 PM or SAT/SUN after 8:00 PM

C. FAILURE TO FULFILL SWEEPING SERVICES

Vendor shall notify the Community Transit Project Manager immediately if scheduled services cannot be completed as planned.

If, for any reason, the Vendor sweeping service at any property fails to meet the level of service or expectations of Community Transit, the Vendor will be notified and shall re-sweep the property within 24 hours of that notification at no additional cost to Community Transit.

If, for any reason, the Vendor fails to conduct a “re-sweep” of a property requested by Community Transit in the time frame established above, or at the level of service expected, Community Transit will have the right to seek the sweeping services of a third-party sweeping service.

D. EQUIPMENT BREAKDOWN

Vendor shall provide replacement equipment as necessary to ensure scheduled services are completed without interruption.

E. ADDING OR DELETING COMMUNITY TRANSIT PROPERTIES

Community Transit reserves the right to add or delete properties from the contract agreement as may be necessary.

3.07 SPECIAL REQUEST SERVICES

From time-to-time Community Transit may have a need for a “special request” sweeping or other unplanned service such as but not limited to emergency fluid spills, catch basin cleanouts, storm clean ups, environmentally friendly pressure washing on or off Community Transit properties, which the contracting vendor

SECTION 3 – SCOPE OF WORK 5

has equipment, experience and trained personnel which can carry out such special requests from Community Transit.

Community Transit has listed these Special Request Services on Form 7.04 Price Sheet.

SECTION 4 – SPECIAL TERMS & CONDITIONS 1

SECTION 4 – SPECIAL TERMS & CONDITIONS

4.01 SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION

A. Definitions

1. Definitions and information regarding SBEs currently certified with the State of Washington is available at:

Office of Minority and Women’s Business Enterprises (OMWBE) PO Box 41160 Olympia, WA 98504-1160

Main: (360) 664-9750; Toll Free: (866) 208-1064; Fax: (360) 586-7079; TTY: (800) 833-6384 or visit their website at www.omwbe.wa.gov

2. Community Transit has adopted a DBE-neutral and DBE-conscious policy to support and encourage Small and Disadvantaged Business Enterprises (SBE/DBE) per 49 C.F.R. Part 26. The Policy is available at:

http://www.communitytransit.org/SDBE. If a project is federally funded, Section 6 will be provided in the solicitation with requirements in part 6.11 DBE.

3. Community Transit is committed to equitable participation for SBEs and have taken the pledge to support “Equity in Infrastructure Projects” https://equityininfrastructure.org/. We encourage Vendors to partner with SBEs in their contract awards for our projects. Vendor may be requested by Procurement to report SBE participation.

B. Affirmative Efforts to Solicit SBE Participation

Vendor is encouraged to:

1. Advertise opportunities for subcontractors or suppliers in a manner reasonably designed to provide SBEs capable of performing the work with timely notice of such opportunities. All advertisements should include a provision encouraging participation by SBE firms and may be done through general advertisements (e.g., internet, newspapers, journals, etc.) or by soliciting bids directly from SBEs.

2. Utilize the services of available community-based organizations, contractor groups, local assistance offices, and organizations assisting in the recruitment and placement of SBEs, such as the OMWBE.

3. Establish delivery schedules, where requirements of the Contract allow, that encourage participation by SBEs.

C. SBE Reports and Related Items

If requested, Vendor shall timely submit records, reports, and documents regarding SBE participation in a manner required by Community Transit (e.g. award of subcontracts, value of work, etc.).

https://equityininfrastructure.org/ http://www.omwbe.wa.gov/ http://www.communitytransit.org/SDBE

SECTION 4 – SPECIAL TERMS & CONDITIONS 2

4.02 NON - PERFORMANCE CORRECTIVE ACTION PLAN

Community Transit places a very high value, expectation, and importance on the level of service we expect from our service provider and its service personnel.

It is imperative that the Vendor notify Community Transit prior to any service interruptions, schedule changes or delays of service of any kind.

In the event the services being provided by the Vendor are found to be in non-compliance of the scope or expectations of Community Transit, Community Transit, at its sole discretions, may take the following steps in an effort to ensure Community Transit expectations are being met.

If such a condition should arise, Vendor will be notified and expected to take corrective action within two hours of being contacted by Community Transit.

After a third occurrence of non-compliance has been communicated to the Vendor, a letter of “non-performance” will be sent to the Vendor, detailing the circumstances of the non-performance. The Vendor will have three business days to respond to the non-performance letter with a detailed corrective action plan.

If after a condition of non-performance continues Community may resort to:

Dispatch a third-party vendor or utilize its own crews to make necessary service correction for which the Vendor will be responsible for payment.

Terminate the contract for default.

4.03 PREVAILING WAGE REQUIREMENTS

A. The wage rates to be paid to all laborers, workers, and mechanics who perform any part of this Contract shall not be less than the prevailing wage rates as required by Chapter 39.12 of the Revised Code of Washington, as amended. This requirement applies to laborers, workers, and mechanics whether they are employed by the Vendor, any of its subcontractors, or any other person who performs a portion of the Work completed by this Contract.

B. The State of Washington prevailing wage rates applicable for this Contract, which is located in Snohomish County, may be found at the following website address for the Washington State Department of Labor & Industries:

https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx . Based on the submittal deadline for this project, the applicable effective date for prevailing wages for this solicitation is the solicitation due date. A copy of the applicable prevailing wage rates is also available for viewing at Community Transit’s Procurement Office, located at 2312 W. Casino Road, Everett, WA 98204. Upon request, Community Transit will send a copy of the applicable prevailing wages for this Contract.

C. In referencing such rates, Community Transit does not imply or warrant that the Vendor will find labor available at those rates. It is the Vendor's sole responsibility to determine the wage rates actually paid.

https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx

SECTION 4 – SPECIAL TERMS & CONDITIONS 3

4.04 VENDOR CONDUCT

Vendor will be responsible for any and all actions by their personnel. In the event of a complaint, it shall be the Vendor’s responsibility to take whatever steps necessary to satisfy the complaint including and not limited to any damage which may have resulted from the Vendor’s service personnel and to protect the interest of Community Transit.

Vendor will furnish a full written report of any reported complaint and actions taken by the Vendor and will submit such report to Community Transit Project Manager within five (5) days of such complaint.

4.05 SAFETY PROCEDURES

Vendor shall have policies and procedures in place to respond to any emergencies that may arise. Emergency policies and procedures should take into account that service may take place in a wide range of environments and times of day. The Vendor shall notify Community Transit immediately of any accident or incident involving any person, and of any complaints or problems. The Vendor will follow-up on any such incidents with a written report within 24 hours.

4.06 INTENTS & AFFIDAVITS

At the start of a contract, the Vendor and any subcontractors must file a Statement of Intent to Pay Prevailing Wages with the Industrial Statistician of the Department of Labor and Industries (L&I). L&I charges a fee for such approval and certification, which shall be paid by the Vendor. Any change in the fee will not be grounds for revision of the Contract Sum.

No payment will be made on this Contract until the Vendor and every subcontractor has submitted a ‘Statement of Intent to Pay Prevailing Wages’ that has been approved by L&I. No final payment will be made until the Vendor and every subcontractor has submitted an ‘Affidavit of Wages Paid’ that has been approved by L&I. With each invoice, the Vendor will attach or write a statement that wages paid were in compliance with applicable prevailing wage rates.

4.07 PRICE ADJUSTMENTS/PREVAILING WAGE

Prices shall remain firm for the duration of the initial one-year Contract period, after which the Vendor may request a price adjustment once each year for compensation in changes to Prevailing Wage Rates .

A. The Vendor shall notify the Procurement Specialist, at any time during the optional contract renewal periods, if the rate of pay for labor (including fringe benefits) causes the unit prices for services shown in the Price Sheet to either increase or decrease. The Vendor shall make their request within 30 (thirty) days after the effective date of the Prevailing Wage Rate change. The notice shall include the Vendor’s request for an adjustment in the contract unit prices and shall include, supporting data explaining the cause, requested effective date, and amount of the increase or decrease and the amount of the Vendor’s adjustment request.

B. Any price adjustment under this clause is subject to the following limitations:

SECTION 4 – SPECIAL TERMS & CONDITIONS 4

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the Prevailing Wage rates of pay for labor (including fringe benefits). There shall be no adjustment for:

(i) Changes in rates or unit prices other than those services listed on the Price Sheet; or

(ii) Changes in the quantities of labor or material used from those shown on the Price Sheet for each line item.

C. The Vendor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

4.08 PRICING REVISIONS

Reasonable price changes based on market conditions and price/cost analysis may be made after the initial Contract period. Vendor shall supply documentation satisfactory to Community Transit such as documented changes to the Producers Price Index for the commodity, the Consumer Price Index (CPI-U) for the Seattle-Tacoma-Bremerton area, or a manufacturer’s published modification of price change(s).

Community Transit will evaluate this information to determine if revising the price is considered fair and reasonable to the satisfaction of Community Transit. Requests for any such change are to be made in writing to the Procurement Specialist. Community Transit will amend the Contract, institute the price adjustment, provide the new prices and establish the effective date for the new prices.

Vendor shall give the Procurement Specialist thirty (30) Calendar Days written notice prior to the effective date of the price increase. Community Transit may cancel by individual line item or contract if the price increase request is not approved.

All price reductions at the manufacturer or distributor’s level shall be reflected in a reduction of the contract price(s) to Community Transit retroactive to the effective date of the price reductions.

4.09 CHANGES IN SCOPE OF WORK

Community Transit reserves the right to add or delete properties, services and/or service frequency to this contract as necessary. In the event of a change, Community Transit will provide the Vendor with a thirty (30) day written notice of such change.

In addition, Community Transit reserves the right to make changes, additions to, or deductions from these specifications, provided they conform to the general scope of work. Vendor shall not affect any change without the prior written approval of Community Transit.

Furthermore, Community Transit reserves the right to change Vendor’s assignments if the change is in the best interest of Community Transit.

SECTION 4 – SPECIAL TERMS & CONDITIONS 5

4.10 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

As applicable to this project, the Vendor shall adhere to Community Transit’s environmental standards with regards to this contract or any other work performed for Community Transit, as contained in the attached Environmental Supplement.

4.11 INVOICES

Payment will be made within 30 days after acceptance of items ordered and a properly prepared invoice. All invoices shall be sent to the following address:

Accounts Payable Community Transit 2132 W. Casino Rd.

Everett, WA 98204

Or email: accounts.payable@commtrans.org

4.12 SUSTAINABLE PROCUREMENT PROGRAM

Community Transit is committed to sustainable procurement practices including the consideration of economic, environmental, and social impacts of the Agency’s spending.

In accordance with the Sustainable Procurement Program and Agency Policy Resolution 01-25, we encourage contractors to follow sustainable business practices in their own organization and to offer Community Transit, products and/ or services that prioritize sustainability. Additional information about Community Transit’s Sustainability Program can be found on our website https://www.communitytransit.org/sustainability https://www.communitytransit.org/sustainability mailto:accounts.payable@commtrans.org

SECTION 5 – GENERAL TERMS & CONDITIONS 1

SECTION 5 – GENERAL TERMS & CONDITIONS

5.01 CHANGES AND VARIANCES

No alterations or variances of any of the terms, conditions, delivery, price, quantities, or specifications of this order shall be effective without written consent of Community Transit.

5.02 NONWAIVER BY ACCEPTANCE OF VARIATION

Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing, signed by authorized Parties, and attached to the original Agreement.

5.03 ORDER OF PRECEDENCE OF SOLICITATION (NOT APPLICABLE)

5.04 CONFLICT OF INTEREST STATEMENT

No employee, officer or agent of Community Transit shall participate in selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when:

A. The employee, officer or agent;

B. Any member of the employee’s immediate family;

C. His or her partner; or, D. An organization that employs or is about to employ, has a financial or other interest in the firm selected for award.

Community Transit’s officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties of subagreements.

5.05 INDEPENDENT CONTRACTOR

The Contractor at all times shall be an independent contractor. The Contractor shall be fully responsible for all acts and omissions of its employees, subcontractors, and their suppliers, and shall be specifically responsible for sufficient supervision and inspection to ensure compliance in every respect with the contract requirements. There shall be no contractual relationship between any subcontractor or supplier of the Contractor and Community Transit by virtue of this contract. No provision of this contract shall be for the benefit of any party other than Community Transit and the Contractor.

5.06 RESPONSIBILITY OF CONTRACTOR

A. The Contractor shall be responsible for compliance with Community Transit policies and procedures that apply to contractors and vendors when working at Community Transit owned, controlled or leased premises, or in locations where Contractor represents Community Transit.

These policies are available at:

https://www.communitytransit.org/procurementpoliciesforvendors https://www.communitytransit.org/procurementpoliciesforvendors

SECTION 5 – GENERAL TERMS & CONDITIONS 2

B. The Contractor shall be responsible for the professional quality and the coordination of all services furnished by the Contractor under this contract.

C. Neither Community Transit's review, approval, or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to Community Transit in accordance with applicable law for all damages to Community Transit caused by the Contractor's negligent performance of any of the services furnished under this contract.

D. The rights and remedies of Community Transit provided for under this contract are in addition to any other rights and remedies provided by law.

5.07 COMPOSITION OF CONTRACTOR

If the Contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

5.08 APPROVAL OF SUBCONTRACTS

The Contractor shall obtain Community Transit’s written consent prior to entering each subcontract under this contract.

5.09 ASSIGNMENT AND SUBLETTING

Contractor shall not assign or sublet the service provided under this Agreement, or any part thereof, without the previous written consent of Community Transit, nor shall it assign, by power of attorney or otherwise, any of the monies payable under this Agreement unless by and with the like consent of Community Transit.

In the event consent by Community Transit is given to permit subletting, no such consent shall be construed as making Community Transit a party to such subcontractor or assignee, or of subjecting Community Transit to liability of any kind whatsoever, to any subcontractor. No subcontractor shall, under any circumstances, relieve the Contractor of its liability and obligation under this Agreement and all transactions with Community Transit shall be made through the Contractor. In the event consent is given to assign all, or any part of any money due or to become due under this Agreement, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the rights of the assignee in and to any monies due or to become due to the Contractor shall be subject to all prior liens or all persons, firms, corporations for services rendered or materials supplied for the performance called for by the Contractor in this Agreement.

5.10 CONTRACT PERFORMANCE STANDARDS

The Contractor shall perform all services required by this contract in accordance with the high professional performance requirements as set forth.

5.11 ADHERENCE TO ESTABLISHED SERVICE AND PERFORMANCE STANDARDS

A. The word services, as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

B. The Contractor shall provide and maintain an inspection system acceptable to Community Transit covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to

SECTION 5 – GENERAL TERMS & CONDITIONS 3

Community Transit during contract performance and for as long afterwards as the contract requires.

C. Community Transit has the right to inspect and test all services called for by the contract to the extent practicable at all places and times during the term of the contract.

Community Transit shall perform inspections and tests in a manner that will not unduly delay the work.

D. If any of the services performed do not conform with contract requirements, Community Transit may require the Contractor to perform the services again in conformity with contract requirements, for no additional cost. When the defects in services cannot be corrected by performance, Community Transit may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any moneys payable under the contract to reflect the reduced value of the services performed.

E. If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, Community Transit may (1) by contract or otherwise, perform the services and reduce any amounts payable by an amount that is equitable under the circumstances or (2) terminate the contract for default.

5.12 DUTY TO INFORM

If at any time during the performance of this contract, the Contractor becomes aware of actual or potential problems, fault or defect in the project or any nonconformance with any contract document, federal, state, or local law, rule, or regulation, the Contractor shall give immediate written notice thereof to Community Transit's Contracting Officer.

5.13 KEY EMPLOYEES

The Contractor shall not, absent prior written notice to, and written consent by, Community Transit remove or reassign any of the key management personnel identified in its Proposal at any time prior to or after execution of the contract.

5.14 COMPLIANCE WITH LAW

The Contractor shall perform all work hereunder in compliance with all applicable federal (including, but not limited to, the Americans with Disabilities Act), state, and local laws and regulations. The Contractor shall use only licensed personnel to perform work required by law to be performed by such personnel.

5.15 GOVERNING LAW

The rights, obligations, and remedies of the parties shall be governed by the laws of the State of Washington. Whenever there is no applicable state statute or decisional precedent governing the interpretation of, or disputes arising under or related to, this contract, then federal law, including the law developed by federal boards of contract appeals, the United States Claims Court (formerly the Court of Claims), and the Comptroller General of the United States, shall govern. Venue for any action shall lie in Snohomish County. This is the complete agreement between the parties. If any provision of the contract is found to be invalid or unenforceable, the remaining provisions shall not be impaired.

SECTION 5 – GENERAL TERMS & CONDITIONS 4

5.16 HOLD HARMLESS AND INDEMNIFICATION

The Contractor shall defend, indemnify and save harmless Community Transit, its officers, employees and agents from any and every claim and risk, including, but not limited to, suits or proceedings for bodily injuries (including death and emotional claims), patent, trademark, copyright or franchise infringement, and all losses, damages, demands, suits, judgments and attorney fees, and other expenses of any kind, on account of all personal bodily injuries (including death and emotional claims), property damages of any kind, whether tangible or intangible, including loss of use resulting therefrom, in connection with the work performed under this contract, or caused or occasioned in whole or in part by reason of the presence of the Contractor or its subcontractors, or their property, employees or agents, upon or in proximity to the property of Community Transit, or any other property upon which the Contractor is performing any work called for or in connection with this contract, except only for those losses resulting solely from the negligence of Community Transit, its officers, employees and agents.

If a lawsuit in respect to this hold harmless provision ensues, the Contractor shall appear and defend that lawsuit at its own cost and expense, and if judgment is rendered or settlement made requiring payment of damages by Community Transit, its officers, agents, employees and volunteers, the Contractor shall pay the same.

5.17 ROYALTIES AND PATENTS

The Contractor is responsible for paying all license fees, royalties or the costs of defending claims for the infringement of any patented invention, article, process or method artwork, music or other copyright material that may be used in performing this contract or with the completed work. The Contractor and the Contractor’s sureties shall indemnify and hold Community Transit, together with its officers and employees, harmless against any and all demands made for such fees, royalties or claims brought or made by the holder of any invention copyright or patent. Before final payment is made on the account of this contract, the contractor shall, if requested by Community Transit, furnish acceptable proof of a proper release from all such fees or claims.

Should the Contractor, its agents, servants or employees, or any of them be enjoined from furnishing or using any invention, copyright, article, material, computer programs, art, music or equipment supplied or required to be supplied or used under the contract, the Contractor shall notify Community Transit in writing and promptly substitute other articles, materials, art, music, computer programs or equipment in lieu thereof of equal efficiency, quality, finish, suitability and market value, and satisfactory in all respects to Community Transit.

5.18 SUSPENSION OF WORK

The Contracting Officer may order the Contractor in writing to suspend all or any part of the work for such period of time as he may determine to be appropriate for the convenience of Community Transit.

5.19 OPTION TO EXTEND TERM

A. Community Transit may extend the terms of this contract by written notice to the Contractor prior to the expiration of their contract or any extension thereof. Community Transit will give the Contractor written notice of any intent to extend before the contract expires.

SECTION 5 – GENERAL TERMS & CONDITIONS 5

B. If Community Transit exercises this option, the extended contract shall be considered to include this option provision.

5.20 NOTICE OF LABOR DISPUTES

A. If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor immediately shall give notice, including all relevant information, to the Contracting Officer.

B. The Contractor agrees to insert the substance of this clause, including this paragraph, in any subcontract under which a labor dispute may delay the timely performance of this contract; except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the Subcontractor shall immediately notify the next higher tier Subcontractor or the Contractor, as the case may be, of all relevant information concerning the dispute.

C. The Contractor shall be responsible for all labor and personnel matters attributable to, but not limited to this contract.

5.21 WORKERS’ COMPENSATION INSURANCE, INDUSTRIAL INSURANCE AND MEDICAL

AID PREMIUM

A. The Contractor and its Subcontractors shall maintain Workers’ Compensation and Industrial insurance in the amount and type required by law for all employees employed under this contract who may come within the protection of Workers’ Compensation and Industrial Insurance Laws. In jurisdiction, the Contractor and its Subcontractors shall maintain Employer’s Liability insurance in amount, form and company satisfactory to Community Transit for the benefit of all employees not protected by Workers’ Compensation and Industrial Insurance Laws.

B. The Contractor shall make all payments arising from the performance of this contract due the State of Washington pursuant to Titles 50 and 51 of the Revised Code of Washington.

5.22 DEFECTIVE WORK, MATERIALS, OR SERVICES

Prior to final acceptance hereunder, when and as often as Community Transit 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 noncompliance to the Contractor.