B.1 RFQ KT 26-067 CM Ruby Creek Lift Station.pdf

60 Washington Ave, Suite 200

Bremerton, WA 98337 Ph: 360-824-4941

REQUEST FOR QUALIFICATIONS

CONSTRUCTION MANAGEMENT RUBY CREEK

LIFT STATION

RFQ # KT 26-067

NOVEMBER 5, 2026

PROPOSALS ARE DUE NOVEMBER 23, 2026 VIA EMAIL NO LATER THAN 2:00 PM

KT 26-067 CM Ruby Creek Lift Station

RFQ KT 26-067 TABLE OF CONTENTS

KITSAP TRANSIT RFQ CONTENTS:

Section 1 Proposal Advertisement Section 2 Instructions for Proposers Section 3 General Provisions Section 4 Scope of Work Section 5 Proposal Contents and Evaluation Section 6 Contract

EXHIBITS:

EXHIBIT A Proposer’s Affidavit

END OF TABLE OF CONTENTS

Proposer’s Checklist

Solicitation Number: KT 26-067 Solicitation Name: Construction Management Ruby Creek Lift Station Due Date and Time: November 5, 2026 @ 2:00 PM via Email

The following checklist is provided as a guide to all documents and exhibits that MUST be submitted with your Proposal to be considered responsive and complete. Failure to provide ANY of these documents could render your Proposal nonresponsive and may cause it to be rejected.

Letter of Transmittal Firm’s Background Key Personell and Project Specific Deployment Relevant Project Experience Project Approach & Methodology Exhibit A: Proposer’s Affidavit

I, the below signee, have reviewed this checklist and have provided all of the requested documents. I understand that failure to provide the requested documents could render my Proposal non-responsive and may cause its rejection.

Signature:_____________________________________ Date:___________________

Printed Name and Title:__________________________________________________

RFQ KT 26-067 PROPOSAL ADVERTISEMENT SECTION 1

Advertisement Post Date: November 5, 2026 Kitsap Sun; Kitsap Transit Website: www.kitsaptransit.com; OMWBE;

Request for Qualifications Kitsap Transit Project KT # 26-067 CM Ruby Creek Lift Station

Scope of Work: Kitsap Transit is issuing this Request for Qualifications (“RFQ”) to solicit proposals from interested, qualified, and experienced firms to provide Construction Managmenrt Services to support construction of the Ruby Creek Lift Station in Port Orchard, Washington. The project was designed by the City of Port Orchard and includes a new duplex submersible sewer lift station, wet well and associated vaults, gravity sewer and force main improvements, a control building, electrical and instrumentation systems, standby power, site improvements, and related infrastructure.

RFQ Documents: This RFQ provides the details on what is required when submitting a Proposal for the Work, how Kitsap Transit will evaluate the Proposals, and what will be required of the Consultant in performing the Work. Other sections of the RFQ will cover general submission instructions, project overview, proposal and project schedule, Consultant qualifications and experience, evaluation criteria, contract terms and conditions. Consultants will be required to comply with all applicable State, and Local rules and regulations. All documents for this RFQ are available on-line through Kitsap Transit’s website www.kitsaptransit.com.

Evalulation of Proposals. Kitsap Transit shall use qualifications-based competitive procedures (i.e., Brooks Act procedures) when contracting for A&E services as defined Washington RCWs. Services subject to this requirement include program management, construction management, feasibility studies, preliminary engineering, design, architectural, engineering, surveying, mapping and related services.

Pre-Proposal Meeting: A Pre-Proposal Meeting is not being offered for this project.

Questions and Request for Clarifications: All questions, requests for information, and clafications must be submitted in writing, via email, and received by 5:00 PM on November 13, 2026.

Plan Holder’s List: Proposers must email Patrick Rogers at patrickr@kitsaptransit.com to be placed on the Plan Holder’s List in order to receive automatic email notifications of future addenda and additional project information through the Proposal phase. Proposers who choose not to register as Plan Holders must check Kitsap Transit’s website periodically to ensure they don’t miss any issued addenda.

Proposal Due Date: Proposals shall be emailed to: patrickr@kitsaptransit.com . All Proposals must be received before 2:00 PM November 23, 2026. When the official clock reads 2:00:01 PM, Proposals are considered late and will not be considered.

Anticipated Procurement Schedule: The activities and dates listed below represent the anticipated procurement schedule. Kitsap Transit will provide changes to the Pre-Proposal date and Proposal Due date via Addenda. Dates proceeded by an asterisk (*) are estimated.

Activity Date and Time

Request for Qualifications Released November 5, 2026

Request for Clarification 5:00 PM November 13, 2026

Proposal Due Date 2:00 PM November 23, 2026 via Email http://www.kitsaptransit.com/ http://www.kitsaptransit.com/ mailto:patrickr@kitsaptransit.com

Board Award Date *January 5, 2027

Notice to Proceed Issued *January 11, 2027

Equal Opportunity: It is Kitsap Transit’s policy to ensure full compliance with Title VI of the Civil Rights Act of 1964 by prohibiting discrimination against any person on the basis of race, color, national origin or sex in the provision of benefits and services resulting from Federally assisted programs of the Department of Transportation and in the Award and administration of all Contracts. It is the policy of Kitsap Transit to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or otherwise be discriminated against under any of its federally funded programs and activities. The full text of Kitsap Transit’s Title VI program is available online at http://www.kitsaptransit.com/static/62/privacy-policy#title vi.

END OF SECTION 1

http://www.kitsaptransit.com/static/62/privacy-policy%23title%20vi

RFQ KT 26-067 INSTRUCTIONS FOR PROPOSERS SECTION 2

2.1 Introduction. Kitsap Transit is a public transporation benefit area (PBTA) with administrative offices located at 60 Washington Ave., Suite 200, Bremerton, WA 98337. Proposals are being solicited from qualified sources. All documents for this RFQ are available on-line through Kitsap Transit’s Website www.kitsaptransit.com.

2.2 Proposal Due Date. Proposals must be emailed to patrickr@kitsaptransit.com by NO LATER THAN 2:00 p.m., on November 23, 2026. When the official clock reads 2:00:01 PM, Proposals are considered late and will not be considered. Proposals must be submitted on the forms provided, if any.

Emailed proposals must have the following in the subject line of the email: “Kitsap Transit Project KT 26-067 CM Ruby Creek Lift Station”. Proposals shall be submitted as an attachment. Proposals must be submitted in PDF or Word. Kitsap Transit will not download proposals from third party sites and will not download from shared links. Proposals will not be publicly opened and the information contained in all proposals will be kept strictly confidential until an announcement of award is made. Proposers accept all risks of late delivery, regardless of fault. Kitsap Transit is not responsible for any costs incurred in response to this RFQ.

2.3 Examination of RFQ Documents. Each Proposer shall thoroughly examine and be familiar with the RFQ Documents, including the terms and conditions, specifications, qualification requirements, any other requirements, and if included, drawings or addenda contained within this solicitation package.

Each Proposer has an obligation to notify Kitsap Transit, in writing and prior to submitting a proposal of any ambiguity, inconsistency or error in the RFQ Documents or of overly stringent qualifications.

Failure to notify Kitsap Transit of any such ambiguity, inconsistency or error the Proposer discovered or should have discovered shall result in the waiver of any and all rights of the Proposer to claim additional time or compensation, if Kitsap Transit executes the Contract, relating to or arising from the ambiguity, inconsistency or error. Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of Kitsap Transit in writing at least five days before the time set for Proposal Due Date. Submission of a Proposal shall constitute an acknowledgment upon which Kitsap Transit may rely that the Proposer has thoroughly examined and is familiar with each part of the RFQ Documents and has reviewed and inspected all applicable federal, state and local statutes, ordinances and regulations relating to the Work. The failure or neglect of a Proposer to obtain, receive, or examine the RFQ Documents, or any part thereof, shall in no way relieve the Proposer from the obligations with respect to its Propsal or to the Contract. No claim for additional compensation or time shall be allowed based upon a lack of knowledge or misunderstanding of the RFQ Documents, work sites, statutes, regulations, permits requirements, ordinances, industry standards or resolutions or other materials referenced or incorporated herein.

2.4 Requests for Information (RFI), Clarification and Addenda of RFQ Documents. All questions, requests for information, and Pre-Proposal material substitutions, must be submitted in writing and received by 5:00 PM November 13, 2026 via e-mail: patrickr@kitsaptransit.com . Kitsap Transit will provide an official written response to Proposer questions received by the respective deadline in the form of an Addendum. Only the addenda issued by Kitsap Transit shall modify the RFQ Documents.

All Addenda shall become part of the RFQ and the subsequently awarded Contract. Phone inquiries will not be accepted. No oral clarification or interpretations will be made to any Proposer as to the meaning of the RFQ Documents. Kitsap Transit may not respond to requests for clarifications that are received outside of this timeframe. Proposers shall not rely upon any oral statements or conversations, whether at the pre-Proposal conference or otherwise, they may have with Kitsap Transit employees, agents, or representatives regarding the RFQ Documents. Any Proposer who seeks to obtain answers and information from other contacts or sources not listed above are advised that such material is used at the Proposer’s own risk and such action may be cause for disqualification.

2.5 Progress and Completion. Time is of the essence. Progress and completion of the Work shall comply with all requirements herein, and intermediate and final completion dates as may be set forth in the specifications. The submittal of a Proposal constitutes the Proposer’s acknowledgment that such intermediate and final completion requirements have been taken into account in formulating its Proposal for this Work.

http://www.kitsaptransit.com/

2.6 Proposals. Failure to include any of the requested information, properly completed forms, and/or documents may be cause for immediate rejection of the proposal. The RFQ Documents include the General Provisions and Contract. BY SUBMITTING A PROPOSAL IN RESPONSE TO THIS

SOLICITATION, PROPOSERS AGREE TO BE BOUND BY ALL LEGAL REQUIREMENTS AND

CONTRACT TERMS AND CONDITIONS CONTAINED IN THIS RFQ. ANY PROPOSED CHANGE

TO THE GENERAL PROVISIONS AND CONTRACT LANGUAGE MUST BE EXPRESSLY NOTED

IN THE PROPASAL.

2.7 Taxes. Bid prices shall not include any allowance for Washington State Sales Tax or Federal Excise Tax except on materials only. Any State sales/use tax, import revenues, or other taxes, which are not or which may hereafter be imposed by Congress, a State, or any political subdivision hereof and applicable to the sale or material delivered as a result of this RFQ, and which by the terms of the tax law must be passed directly to Kitsap Transit, will be paid by Kitsap Transit from the Consultant’s invoice. No adjustments will be made in the amount to be paid by Kitsap Transit under the Contract because of any misunderstanding or any lack of knowledge of the Proposer as to liability for, or the amount of, any taxes or assessments which the Proposer may be liable or responsible for by law.

2.8 Plan Holders List. All prospective Proposers are encouraged to register as “Plan Holders” to receive addenda or clarifications regarding the solicitation. It is recommended that Proposers notify the designated Kitsap Transit Representative of their intent to submit a proposal and register with Kitsap Transit’s Plan Holders List in order to receive electronic or facsimile notification of issued Addenda.

Proposers that do not register will not be notified of Addenda and will need to periodically check for Addenda on Kitsap Transit’s website at: http://www.kitsaptransit.com/agencyinformation/procurement during the Proposal period and before submitting your Proposal. All submitted proposals and attachments become the property of Kitsap Transit and shall remain in effect for at least ninety (90) days after Proposal Due Date. The accepted Proposal shall remain in effect until the Contract is fully executed and will then become a part of the Contract, including any addenda and all attachment.

2.9 Proposal Modification. Proposers will not be allowed to alter proposals after the Proposal Due Date and time. Submitted proposals may only be changed if a written request is received by Kitsap Transit before the set Proposal Due Date and time. Such requests must be signed by an individual authorized to submit proposals on behalf of the firm. All proposal modifications shall be made in writing, executed and submitted in the same form and manner as the original proposal. Nothing in this section shall be construed to permit the Proposer to alter its Proposal after it has been submitted pursuant to the terms of this solicitation.

2.10 Proposal Withdrawal. Proposers will not be allowed to withdraw proposals after the Proposal Due Date and time unless the award is delayed for a period exceeding ninety (90) days. Any Proposal not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days, to provide Kitsap Transit the services described herein, or until one or more of the proposals have been approved by Kitsap Transit, whichever occurs first.

2.11 Consideration of Proposals. An evaluation committee made up of Kitsap Transit staff, their designees, and/or subject matter experts will evaluate all responsive proposals. The evaluation will be based solely on the evaluation criteria set out in this RFQ. The Kitsap Transit staff will evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with one or more firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom. Proposals will be evaluated on the merits of the information provided, and the following:

A. Proposers must comply with all of the terms of the RFQ, and all applicable local, state, and Federal laws and regulations. Kitsap Transit may reject any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFQ.

B. Late Proposals will not be considered.

C. Except as otherwise provided for herein, Proposals that are incomplete or that are conditioned in any way or contain erasures, alterations, or items not called for in the RFQ or that are not in conformance with the law, may be rejected as non-responsive. Kitsap Transit reserves the right to accept or reject any and all submitted proposals, portions or parts thereof; to waive informalities and minor irregularities in proposals; to decline award based on available funding for the Contract; and to award in whole or in part to the most highly qualified and responsible Proposer.

D. If Kitsap Transit determines that collusion has occurred among Proposers, none of the proposals of the participants in such collusion will be considered; Kitsap Transit’s determination shall be final.

E. Kitsap Transit may obtain clarification of any point in submitted proposals or request additional information, if necessary, to properly evaluate proposals. Proposers must be prepared to present necessary evidence of experience, ability, service facilities and financial standing to satisfactorily meet the requirements set forth or implied in the RFQ. Failure of a Proposer to respond to such a request for additional information or clarification may result in rejection of that proposal.

F. In consideration for Kitsap Transit’s review and evaluation of its Proposal, the Proposer waives and releases any claims against Kitsap Transit arising from any rejection of any or all Proposals, including any claim for costs incurred by Proposers in the preparation of Proposals submitted in response to this solicitation.

G. Kitsap Transit may refuse to consider a Proposer who it determines to have an unsatisfactory record of performance and/or integrity in connection with the proposal or performance phase of any previous contract.

2.12 Pre-Award Information: (not applicable

2.13 Cancellation or Extension. Kitsap Transit reserves the right to cancel this solicitation or extend the

Proposal Due Date and time, by written Addendum, at any time prior to the set Proposal Due Date and time, or in the event only a single proposal or no proposals are received. If a Proposer pursues a protest or a request for reconsideration, its proposal is deemed extended until Kitsap Transit executes the Contract, or until the protest or request for reconsideration is withdrawn by the Proposer.

2.14 Non-Collusion Affidavits. Proposer shall submit, with its Proposal, an affidavit (Exhibit A) stating that neither Proposer nor its agents, nor any other party on its behalf, has paid or agreed to pay, directly or indirectly, any person, firm, or corporation, any money or valuable consideration for assistance in procuring or attempting to procure the contract that will result from this RFQ, and further agrees that no such money or consideration will be hereafter paid.

2.15 Contract Negotiation and Award. The Contract, Scope of Work and Cost Proposal will be negotiated with the top ranked firm. Should negotiations fail with the top ranked firm, Kitsap Transit will discontinue negotiations and commence negotiations with the second ranked firm, and so on, until the Scope of Work, level of effort, and cost/price have been successfully negotiated and a Contract has been agreed

to. Kitsap Transit reserves the right to discontinue negotiations at any point and not award the Contract.

Firms are advised that any recommendation for Contract Award is not binding on Kitsap Transit until Kitsap Transit approves the Contract and the Contract if fully executed.

2.16 Successful Proposer. Only one Proposal will be selected as the Successful Proposal. A Notice of Intent to Award will be sent to all Proposers. At the conclusion of Contract negotiations, the recommendation will be voted upon by the Kitsap Transit Board of Commissioners in open public meeting on the date specified within the Notice, if necessary (Award Date). Kitsap Transit reserves the right to make Award within ninety (90) calendar days from the Notice of Intent to Award. Should the Award, in whole or part, be delayed beyond the period of ninety (90) days, such Award shall be conditioned upon the successor Proposer’s acceptance.

2.17 Form of Contract. Following the Award Date, the successful Proposer will receive an official Notice of Contract Award letter outlining the documents that must be submitted before the Notice to Proceed along with a Contract that will be delivered electronically to the successful Proposer’s signatory.

2.18 Execution of Contract. Within 3 calendar days of receipt of the Notice of Contract Award (not including Saturdays, Sundays and Holidays), the successful Proposer shall provide the information necessary to execute the Contract to Kitsap Transit. The Proposer shall send the contact information, including the full name, email address, and phone number, for the authorized signer to Kitsap Transit. Copies of the Contract Documents, including the unsigned Form of Contract, will be available for execution by the successful Proposer three business days following award. The number of copies to be executed by the Consultant will be determined by Kitsap Transit. In Kitsap Transit’s sole discretion, the execution of the Contract may be by electronic signature, such as Docusign or equivalent. Consultant must sign and return all requested documents to Kitsap Transit within ten (10) calendar days of receipt. Until Kitsap Transit executes the Contract, no proposal shall bind Kitsap Transit nor shall any work begin within the project limits or within Kitsap Transit furnished sites.

2.19 One Proposal Received Procedure. If only a single responsive and responsible Proposal is received, Kitsap Transit shall have the right, in its sole discretion, to extend the Proposal Due Date for up to an additional sixty (60) days and/or to conduct a price or cost analysis on such single Proposal. The single Proposer shall promptly provide all cost and pricing data, documentation and explanation requested by Kitsap Transit to assist in such analysis. By conducting such analysis, Kitsap Transit shall not be obligated to accept the single Proposal and reserves the right to reject such Proposal or any portion thereof.

2.20 Failure to Execute Contract. Should the awarded Consultant fail to execute the Contract within ten

(10) days from the receipt of the Contract from Kitsap Transit per Section 2.18, Kitsap Transit may withdraw the award and present the award to the next highest scoring Proposer. Should Consultant fail to timely execute the Contract, the Proposer’s conduct will be taken into consideration in future contracting opportunities. Failure to return the insurance certification with the signed Contract, or failure or refusal to comply with laws to do business in the State of Washington shall result in forfeiture of the award. If this should occur, Kitsap Transit may then award the Contract to the Proposer it determines to be next highest scoring Proposer or reject all remaining Proposals. If the second selected Proposer fails to return the required documents as stated above within the time provided after Award, the Contract may then be awarded successively in a like manner to the next highest scoring Proposers until the above requirements are met of the remaining Proposals are rejected.

2.21 Conflicts of Interest.

A Current and Former Employees: Kitsap Transit seeks to eliminate and avoid actual or perceived conflicts of interest and unethical conduct by current and former Kitsap Transit employees in transactions with Kitsap Transit. Consistent with this policy, no current or former Kitsap Transit employee may contract with, influence, advocate, advise, or consult with a third party about a Kitsap Transit transaction, or assist with preparation of bids submitted to Kitsap Transit while employed by Kitsap Transit or after leaving Kitsap Transit’s employment, if he/she was substantially involved in determining the Work to be done or process to be followed while a Kitsap Transit employee.

B. Organizational Conflicts of Interest. An organizational conflict of interest is a situation in which, because of other activities, relationships, or contracts, a Consultant or subConsultant is unable, or potentially unable, to render impartial assistance or advice to Kitsap Transit; a Consultant’s objectivity in performing the contract work is or might be otherwise impaired;

or a Consultant has an unfair competitive advantage. Kitsap Transit will evaluate future procurements related to this Contract to determine if there is an organizational conflict of interest. If an organizational conflict of interest exists, Kitsap Transit may prohibit the Consultant and any of its subConsultants from participating in such related procurements/projects.

2.22 Proposer Responsibility Criteria. Before Award, the Proposer must meet the mandatory Proposer responsibility criteria. Failure of any Proposer to meet the responsibility criteria will automatically deem the Proposer not responsible and be just cause for rejection of the Proposal.

A. Insured and Registered. Proposers must be fully insured and registered to conduct business in the State of Washington prior to Contract execution date and licensed for business in their state of residence. Policies of insurance, as outlined in the RFQ shall be obtained and kept in force for the duration of the Contract.

B. Personnel. In submitting their proposals, Proposers are representing that the personnel described in their proposals shall be available to perform the services described, barring illness, accident, or other unforeseeable events of a similar nature. Furthermore, all personnel shall be considered to be, at all times, the sole employees of the service provider, under his or her sole discretion, and not employees or agents of Kitsap Transit.

C. Debarment and Suspension. Consultant must not be debarred or suspended in order to conduct business with Kitsap Transit. Upon the Proposal Due Date and for the full duration of the Contract, the Consultant will not be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or State department or agency or from bidding on any public contract; and shall not be presently indicted for, or otherwise criminally or civilly charged by, a governmental entity (federal, State or local) with commission of any of the offenses enumerated in below. Within a three

(3) year period preceding this proposal, Consultant shall not have been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State or local) transaction or contract; Violation of federal or State anti-trust statutes; Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; or had one or more public transactions (federal, State or local) terminated for cause or default. If it is later determined that the Consultant knowingly rendered an erroneous certification under the Affidavit submitted with its proposal, or failed to notify Kitsap Transit immediately of circumstances which made the original certification no longer valid, Kitsap Transit may immediately terminate the Contract.

D. Proposal Form. As assurance to Kitsap Transit that the Proposer meets the criteria, Proposers must provide this information, as applicable, directly on the spaces provided on the Proposal Form, if used with the RFQ. Kitsap Transit may require additional documentation from the Proposer demonstrating compliance with the criteria. Failure of a Proposer to respond to such a request for additional information or clarification may result in rejection of its Proposal. Proposer must:

1. Have a current Washington Unified Business Identifier (UBI) number;

2. If applicable:

(a) Have a Washington Employment Security Dept. number, as required in Title

50 RCW;

(b) Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW.

2.23 Disadvantaged Business Enterprise Goal. The purpose of the Disadvantaged Business Enterprise (DBE) overall goal is to achieve a “level playing field” for ready, willing and able DBEs seeking to participate in federally-assisted contracts. Kitsap Transit’s DBE goal for federal fiscal year 2026 is 1.98%, the full text of which may be found at http://www.kitsaptransit.com/agency-information/procurement.

2.24 Proposals as Public Record. Proposer acknowledges that Kitsap Transit is subject to RCW 42.56, the Public Disclosure Act, and that the Proposal Documents, including the Proposals, shall be a public record as defined in RCW 42.56. Any specific information that is claimed by the Proposer to be confidential or proprietary must be clearly identified as such by the Proposer. To the extent http://www.kitsaptransit.com/agency-information/procurement http://www.kitsaptransit.com/agency-information/procurement consistent with RCW 42.56, Kitsap Transit shall maintain the confidentiality of all such information marked confidential or proprietary. Marking the entire Proposal as such will not be honored and the Proposal may be rejected as non-responsive. Confidential or proprietary information will not be released by Kitsap 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. If a member of the public demands to review portions of a Proposal marked “Confidential”, Kitsap Transit will notify the affected Proposer prior to releasing such portions. The Proposer shall take such legal action as it may determine to be necessary to protect its interest. If the Proposer has not commenced such action within five (5) calendar days after receipt of the notice, Kitsap Transit will make the requested portions available for review and copying by the public. The Proposer asserting that portions of its Proposal are legally protected shall bear all costs of defending such assertion, including reimbursing Kitsap Transit for its administrative, expert and legal costs involved in defending itself in actions arising from such assertions by the Proposer. Kitsap Transit assumes no responsibility or liability for any losses or damages which may result from the public release of information contained in the Proposal. By submitting a Proposal, the Proposer represents they understand and agree to the provision of this subsection.

2.25 Proposal Protests.

A. Who May Protest or Appeal. A potential Proposer demonstrating a substantial economic interest in Kitsap Transit’s competitive Proposal process.

B. Timing of Protest. A protest must be filed within five business days of the Award of a

Contract or notice of apparent successful proposer/Proposer, whichever is sooner. All Protests received after these timing requirements will be summarily rejected.

C. Basis of Protest. Protests must be based on the following criteria:

1. A matter of bias, discrimination, or conflict of interest;

2. Non-compliance with procedures described in the procurement documents; and

3. Error in computing scores.

D. Protest Form and Content.

1. Protests must be in writing;

2. Protests must be addressed to the Finance Director;

3. Protests must clearly articulate specific grounds for the protest and include supporting documentation;

4. Protests must include proposed remedy.

E. Protest Procedure.

A protest must be filed with Kitsap Transit’s Finance Director within five business days of the award of a contract or notice of apparent successful proposer/Proposer, whichever is sooner. Upon receipt of a timely written protest, the Finance Director will consider the protest in accordance with established procedures and issue a written decision within five business days stating the reasons for the action taken and informing the allegedly aggrieved vendor or service provider (Protesting Vendor) of his/her right to appeal the decision.

F. Appeal Procedure.

An appeal must be filed within five business days of the Finance Director’s decision. The Executive Director will consider the appeal and issue a written decision within ten business days. The Executive Director’s decision will be final and conclusive.

G. Failure to Comply with Requirements.

Failure to comply with the protest and appeal requirements will render a protest or an appeal untimely or inadequate and may result in rejection thereof.

H. Protests to the Federal Transit Administration.

The vendor or service provider shall only appeal to the FTA pursuant to violations of federal law or regulation.

I. Exhausted Administrative Remedies.

A Protesting Vendor may not commence litigation prior to exhausting all administrative remedies. Failure to exhaust all administrative remedies shall constitute an absolute waiver of the Protesting Vendor rights, if any, to commence litigation.

FAILURE OF THE PROTESTOR TO SUBMIT A WRITTEN NOTICE OF PROTEST IN

ACCORDANCE WITH THE SPECIFIED TIMELINES CONTAINED HEREIN SHALL CONSTITUTE

A WAIVER OF ALL RIGHT TO PROTEST.

END OF SECTION 2

RFQ KT 26-067 GENERAL PROVISIONS SECTION 3

The following Kitsap Transit General Provisions are complementary to the Advertisement for Proposals, Instructions for Proposers, Special Provisions, the Proposal Documents and to the terms and conditions of the subsequent Contract to be executed between the Parties. Any provision of law, rule, or regulation that is required to be included in the Contract will be read as if in the Contract whether or not physically included.

3.1 Definitions.

Addendum: A written or graphic document, issued to all Proposers and identified as an Addendum prior to Proposal opening, which modifies or supplements the Proposal Documents and becomes a part of the Contract.

Award Date. The date the Contract with the most highly qualified Proposer is approved in writing by the Kitsap Transit Board or by Kitsap Transit staff where Board authorization is not required.

Contract: The written agreement between Kitsap Transit and the Consultant. The Contract includes, Contract Agreement, these RFQ Documents, any and all Addenda issued, certifications and affidavits, supplemental agreements, change orders.

Contract Execution Date: The date the Kitsap Transit officially binds the agency to the Contract.

Consultant: means the Successful Proposer who was awarded the Contract and has subsequently executed the Contract with Kitsap Transit.

Contract Documents. Means the Contract and the RFQ Documents.

Cost Proposal: A document requested from the “most highly” qualified Proposer outlining the hourly rates, overhead, any additional general and administrative costs, and profit to complete the scope of work.

Kitsap Transit Representative/Project Kitsap Transit Representative: Kitsap Transit’s representatives who directly supervise the execution and administration of the Contract.

Notice of Award: The written notice from Kitsap Transit to the Successful Proposer signifying the Kitsap Transit’s acceptance of the Proposal.

Notice to Proceed Date: The written notice from Kitsap Transit or the Kitsap Transit Representative to the Consultant authorizing and directing the Consultant to proceed with the Work and establishing the date on which the Contract time begins.

Plans: The Contract Plans which show location, character, and dimensions of prescribed Work, including layouts, profiles, cross-sections, and other details.

Project: Means the Scope of Servicers described in Section 1 and in Section 4.

Proposal: The offer of a Proposer on a properly completed Proposal Form, if applicable, to perform the Contract.

Proposal Form (if applicable): The form attached hereton in Section 6 that is also referred to as the Proposal Form in the Contract Documents.

Proposer: means a person, firm or corporation that has made an offer in response to the RFQ.

RFQ Documents: means this solicitation (RFQ) in its entirety.

RFQ is an abbreviation meaning Request for Qualifications.

Successful Proposer: means the Proposer to whom Award of the Contract shall be made.

Scope of Work: means the Scope of Servicers described in Section 1 and in Section 4 and as may be amended in writing by negotiation between the parties.

SubConsultant: An individual, partnership, firm, corporation, or joint venture who is sublet part of the Contract by the Consultant.

Surety/Contract Bonds: A company that is bound with the Consultant to ensure performance of the Contract, payment of all obligations pertaining to the Work, and fulfillment of such other conditions as are specified in the Contract as required by law.

3.2 Contract Documents

A. “Contract Documents” means the Contract, the Cost Proposal, negotiated Scope of Work, the RFQ Documents in their entirety, including the General Provisions, Special Provisions, Plans, Specifications, Drawings, Appendices and Attachments, if any, the Consultant’s submitted Proposal and any supplemental items, as accepted by Kitsap Transit, and all Addenda issued prior to and all changes and modifications issued after execution of the Contract. These together form the Contract and all are as fully a part of the Contract as if attached to this Contract or repeated therein and are intended to be complementary and prescribe and provide for a complete Scope of Work.

B. The Contract represents the entire and integrated agreement between Kitsap Transit and the Consultant and sets forth the rights and responsibilities of the parties in accordance with the laws of the State of Washington. Each Contract Document is an essential part of the Contract and a requirement present in one Contract Document is binding as though it was present in all. Anything mentioned in the Specifications and not shown in the Plans, or shown in the Plans and not mentioned in the Specifications, shall be of like effect as shown or mentioned in both. Any work, materials or equipment that has not been specifically included in the Contract Documents but which is reasonably required to produce the intended result shall be provided by the Consultant as though it had been specifically included.

C. In the case of any inconsistency or conflict between Contract Documents, the following order of precedence (from highest to lowest) applies, and the terms contained in the document of higher precedence shall prevail over the terms contained in the document of lower precedence:

• Contract

• Addenda

• RFQ Documents

• Technical and Cost Proposal

• Specifications

• Drawings

3.3 Relationship Of Parties.

The Consultant covenants with Kitsap Transit to furnish the Consultant’s reasonable skill and judgment in furthering the interests of Kitsap Transit. The Consultant shall furnish memos, reports, spreadsheets or other appropriate documents, and use the Consultant’s best effort to perform the work in the Contract in an expeditious and economical manner consistent with the interest of Kitsap Transit. The Consultant shall endeavor to promote harmony and cooperation with the other governmental parties and agencies involved with the Project, Kitsap Transit, and other persons or entities essential to the Project.

3.4 Representatives.

A. Kitsap Transit Representatives. The Contracts Administrator is Kitsap Transit’s designated representative for Contract compliance. Kitsap Transit’s Project Coordinator is the designated primary representative for performance compliance. Both are listed on the front page of this Contract and hereafter referred to as the “KITSAP TRANSIT Representative(s).”

B. Proposer’s Representative. The Consultant shall appoint a representative as the Contract liaison agent through whom Kitsap Transit will communicate with the Consultant. The Consultant shall respond to all written communications from Kitsap Transit representatives within seven (7) calendar days from receipt.

C. Change of Representative. Either party 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.

3.5 General Scope Of Services.

The Consultant shall be responsible for performing the Work. The Kitsap Transit is not a party to defining the division of Work between the Consultant and its SubConsultants, if any. Consultant shall perform such services and accomplish such tasks, including the furnishing of all materials, documentation, and equipment necessary for full performance thereof, as are identified and designated as Consultant responsibilities throughout this Agreement and as detailed in exhibits attached hereto and incorporated herein.

3.6 Term Of The Contract.

Consultant shall not begin work under the terms of this Contract until authorized by Kitsap Transit with a Notice to Proceed. The services under this Agreement are directly related to and shall be coordinated with the Project Schedule. In the event of delay to the Consultant in performing the Work resulting from the conduct or lack of conduct by Kitsap Transit or its officers, employees, or agents, the Consultant shall be entitled to an extension of time, and cost as appropriate, with regard to the time for completion of the Project and only by the amount of time the Consultant is actually delayed thereby in the performance of the Project, provided notice is given and claim is made, both as hereinafter provided. It shall be Consultant’s burden to prove that a delay exists for which an extension of time is allowable. The Consultant shall notify the KITSAP TRANSIT Representative as soon as the Consultant has, or should have, knowledge that an event has occurred, which will delay deliveries. Within five (5) calendar days, the Consultant shall confirm such notice in writing, furnishing as much detail as possible. Should the Consultant fail to notify KITSAP TRANSIT within this time period, Consultant shall be deemed to have waived any claim associated with the event alleged to have caused the delay.

3.7 Insurance Requirements.

A. The Consultant shall obtain and maintain the minimum insurance set forth below. By requiring such minimum insurance, the Kitsap Transit shall not be deemed or construed to have assessed the risks that may be applicable to the Consultant under this Contract. The Consultant shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage.

B. Nothing contained within these insurance requirements shall be deemed to limit the Scope, application and/or limits of the coverage afforded, which coverage shall apply to each insured to the full extent Provided by the terms and conditions of the policy(s).

Nothing contained with this provision shall affect and/or alter the application of any other provision contained with this Contract.

C. For all coverages:

1. Each insurance policy shall be written on an “occurrence” form; excepting insurance for professional liability/errors and omissions. Professional liability/errors and omissions when required, may be acceptable on a “claims made” form.

2. If coverage is approved and purchased on a “Claims Made” basis, the Consultant warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of completion of the Work which is the subject of this Contract.

D. Minimum Scope of Insurance

1. General Liability: Commercial General Liability for bodily injury including death, personal injury and property damage coverage, with contractual and completed operations endorsements, utilizing insurers and coverage forms acceptable to Kitsap Transit, with a limit of at least $1,000,000 per occurrence and for those policies with aggregate limits, a $2,000,000 aggregate limit.

2. Automobile Liability: Commercial Auto Liability coverage for bodily injury and property damage utilizing insurers and coverage forms acceptable to Kitsap Transit, with a limit of at least $1,000,000 per accident.

3. Professional Liability: Whenever the work under this Contract includes "professional services," the Consultant shall maintain the appropriate Professional Liability insurance, affording limits of liability of $1,000,000 per occurrence, for damages sustained by reason of or in the course of operations under the Contract whether occurring by reason of acts failing to meet the standard of care required by this Contract, negligent acts, or errors, or omissions of the Consultant.

A. Certificates and Policies: Prior to commencement of services for this Contract, the Consultant shall provide Kitsap Transit with certificates of insurance showing insurance coverage in compliance with the above Paragraphs. All insurance coverage outlined above shall be written by insurance companies meeting Kitsap Transit's financial security requirements, (A.M. Best's Key Rating A:VII or higher). Such certificates shall reference the title of this Contract and will state that the Consultant shall provide thirty (30) calendar days advance written notice to Kitsap Transit in the event the Consultant’s insurance policies are cancelled, not renewed, or materially reduced in coverage. Should the Consultant neglect to obtain and maintain in force any of the insurance required in this Section, Kitsap Transit may suspend or terminate this Contract. Suspension or termination of this Contract shall not relieve the Consultant form insurance obligations hereunder.

B. Additional Insured Endorsement: General Liability Insurance must state that Kitsap Transit will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims.

C. SubConsultants: Taking into account the Scope of Work and Services to be performed by a SubConsultant, the Consultant shall prudently determine whether, and in what amounts, each SubConsultant shall obtain and maintain public liability, professional liability, and any other insurance coverage. Any insurance required of SubConsultants shall, where appropriate and/or applicable, name Kitsap Transit as an additional insured.

D. Waiver of Subrogation. The Consultant and its insurers shall endorse the required insurance policy (ies) to waive their right of subrogation against Kitsap Transit. The Consultant and its insurers also waive their right of subrogation against Kitsap Transit for loss of its owned or leased property or property under its care, custody and control.

E. No provision in this Section shall be construed to limit the liability of the Consultant for services not done in accordance with the Contract, or express or implied warranties. The Consultant's liability for the services shall extend as far as the appropriate periods of limitation provided by law and up to any legal limits.

F. The Consultant may obtain any combination of coverage or limits that effectively provides the same or better amounts and types of coverage as stipulated above, subject to review and approval by Kitsap Transit.

G. The Consultant warrants that this Contract has been thoroughly reviewed by the Consultant's insurance agent(s)/broker(s), who have been instructed by Consultant to procure the insurance coverage required by this Contract.

3.8 Assignment/Subcontracting.

A. Consultant shall not assign its performance under this Agreement or any portion of this

Agreement without the written consent of Kitsap Transit, and it is further agreed that said consent must be sought in writing by Consultant not less than seven days prior to the date of any proposed assignment. Kitsap Transit reserves the right to reject without cause any such assignment.

B. Kitsap Transit permits subcontracts for only those subConsultants listed in the Proposal for specific items of work. The Subconsultant list may be modified as need arises upon mutual agreement of the parties. All terms, conditions, covenants and performances contained herein by and between the Consultant and Kitsap Transit shall be required of the subConsultant and made part of any subConsultant agreement. The Consultant shall be responsible for the professional standards, performance, and actions of all persons and firms performing subcontract work. The Consultant shall be responsible for the completion and submission of any federally required forms that may be required of the SubConsultant. The Consultant, at the request and direction of Kitsap Transit, will provide copies of any written agreements showing their contractual relationship.

3.9 Change Order Procedure

A. Oral change orders are not permitted. No change in this Agreement shall be made unless

Kitsap Transit’s Representative gives his/her prior written approval thereto. The Consultant shall be liable for all costs resulting from, and/or for satisfactorily correcting, any specification change not properly ordered by written modification to the Agreement and signed by Kitsap Transit’s Executive Director or designee.

B. Any modification to the accepted Cost Proposa must be in writing and signed by the parties.

C. Any proposed change in this Agreement by the Consultant shall be submitted to Kitsap

Transit for prior written approval. Any change order proposal must be broken down to detail direct costs, indirect costs and profit.

D. Kitsap Transit’s designated representative may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this agreement, and/or the drawings, designs or specifications. If such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Agreement, whether changed or not changed by any such order, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. Any claim by the Consultant for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the Consultant of the notification of change; provided, however, that Kitsap Transit’s designated representative, if she or he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement.

3.10 Compensation And Method Of Payment

A. Payments for services provided hereunder shall be made following the performance of such service, unless otherwise permitted by law and approved in writing by Kitsap Transit.