Detroit Transportation Corporation Page 6 of 12
RFP 01-2015
REQUEST FOR PROPOSALS FOR
CONFLICT RESOLUTION
PROJECT NO. 01-2015
Issue Date: Monday, February 2, 2015
Proposal Deadline: Thursday, February 12, 2015 at 4:00 PM Eastern Time
Procurement Contact: Pamela L. Crump, Procurement Manager
535 Griswold, Suite 400
Detroit, Michigan 48226
Phone: (313) 224-2177
Fax: (313) 221-1209
E-mail:
DESCRIPTION: The Detroit Transportation Corporation (DTC) is seeking proposals from established providers or specialists to facilitate, mediate and support conflict resolution within DTC.
Questions related to this project are to be submitted in writing only to by 12:00 p.m. Friday, February 6, 2015.
SECTION I – GENERAL CONDITIONS AND SCOPE OF WORK
It is the responsibility of the Proposer to review General Conditions as specified. All changes made to the Proposal form altering price, terms, proposal and/or conditions MUST be crossed out and initialed. Failure to initial any changes will be grounds for rejection of your Proposal. CORRECTION FLUID IS NOT ACCEPTABLE.
SPECIAL CONDITIONS:
It is the responsibility of the Proposer to review the Special Conditions attached to this request for proposals (RFP) and comply with all requirements therein.
QUOTATIONS/PROPOSALS:
Proposers MUST email their proposal to . Copies of all descriptive literature and/or samples must be provided as requested. Failure to submit both will be grounds for rejection.
MINOR DEVIATIONS:
Specifications referred to herein are used to indicate desired type, and/or construction, and/or operation. Other products and/or services may be offered if deviations from specifications are minor and if all deviations are properly outlined and stated in the Proposal document. Failure to outline all deviations will be grounds for rejection of your Proposal. The decision of the Detroit Transportation Corporation shall be final as to what constitutes acceptable deviations from specifications.
RESPONSIBILITIES:
The responsibilities under this (proposed) contract are that the Detroit Transportation Corporation is obligated during the period stipulated to purchase all of its NORMAL REQUIREMENTS of the above referenced products and/or services from the contractor, and the contractor is obligated to supply the quantities and/or services which the Detroit Transportation Corporation requires for its operations.
FURNISH:
The Detroit Transportation Corporation, operators of the Detroit People Mover system (DPM), is requesting proposals for conflict resolution within DTC.
AWARD:
Subject to the provisions of the RFP, DTC shall award the contract to the responsible and responsive Proposer whose proposal is the most advantageous to the DTC in accordance with the evaluation criteria listed in Section IV of this RFP.
PRICING:
All prices are firm.
TERMS OF PAYMENT:
A discount of _____% will be allowed for payment of invoice within forty-five (45) days of delivery and acceptance of the above items and vendor's invoice. Other terms less than forty-five (45) days, E, O, M., Proximo, etc., shall not be considered. Payment terms will not be considered in determining the award of the contract(s), except in the case of tie bids. However, discounts may be offered to facilitate prompt payment.
The DTC reserves the unqualified right to reject any Proposal which includes a provision for a service charge levied by a vendor when payment by the DTC is not made within a specified time period.
RENEWAL:
As noted in Section II – Special Conditions.
BID NON-COLLUSIVE:
The Proposer represents and certifies that this Proposal is fair and genuine, and not collusive or a sham, and has not in any manner, directly or indirectly, agreed or colluded with any other person, firm or association to submit a sham Proposal or to refrain from bidding or in any way to fix the amount of this Proposal or that of any other Proposer, or to secure the advantage against the DTC. The Proposer further certifies and represents that no officer or employee of the DTC is personally or financially interested, directly or indirectly, in this Proposal, or in any Contract which may be under it, or in the purchase or sale of any materials or supplies for the work to which it relates, or any portion of any expected profits thereto.
PAST PERFORMANCE:
Past performance will be a factor in making an award. In previous or current contracts, the Proposer must meet, or have met, service quality standards set forth in the Scope of Work of this RFP.
INSURANCE:
As indicated in Section II - Special Conditions.
TERMINATION OF CONTRACT:
The DTC reserves the absolute right to terminate this contract in whole or in part, for the convenience of the DTC at its sole discretion on thirty (30) days written notice to the Contractor.
PROPOSAL WITHDRAWAL:
No Proposal shall be withdrawn for 90 days from submission deadline. Proposers may reduce this period if stated on Proposal, but such Proposals may be rejected on the basis of the reduced time period.
COMPLIANCE WITH LAWS:
The contractor shall fully comply with all Local, State, and Federal laws, Ordinances, and Regulations applicable to this contract and the work to be done hereunder.
CONTRACT ACCEPTANCE:
The Contract contained in the RFP is non-negotiable. It contains the minimum specifications, requirements, terms and conditions that each Proposer must meet.
The signed, accepted Proposal of the successful Proposer will become part of the contract between the Proposer and the DTC containing the full description of all contractual terms and conditions.
SECTION II – SPECIAL CONDITIONS
1) PRE-PROPOSAL INFORMATION AND QUESTIONS: Each response that is timely received will be evaluated on its merit and completeness of all requested information. In preparing Proposals, Respondents are advised to rely only upon the contents of this RFP and accompanying documents and any written clarifications or addenda issued by the DTC. THE DTC IS NOT RESPONSIBLE FOR ANY ORAL INSTRUCTIONS. If a Proposer finds a discrepancy, error or omission in the RFP package, or requires any written addendum thereto, the Proposer is requested to promptly notify the Procurement contact noted on the cover of this RFP, so that written clarification may be sent to all known prospective Proposers. All questions must be submitted in writing to the contact before the due date indicated on the front of this document. All answers will be issued in the form of an addendum.
2) RFP MODIFICATIONS/ADDENDA: Clarifications, modifications, or amendments may be made to this solicitation at the discretion of the DTC. It is the responsibility of the Respondent to obtain the available Addenda and acknowledge any issued Addenda for this solicitation. If any changes are made to this solicitation document by any party other than the DTC, the original document in the DTC’s files takes precedence.
3) CONTRACT TERM: Two (2) years, with three (3), one (1) year renewal options.
4) CONTRACT AWARD: This contract is intended to be awarded as a whole, however, the DTC reserves the right to award by item, group or in part, whichever it deems to be in its own best interest.
5) EVALUATION: The DTC reserves the right to exclude from evaluation any sample item listed (e.g. if a part number was recently discontinued and was unknown by the DTC when this document was prepared).
6) CONFLICT OF INTEREST: The DTC reserves the right to reject a Proposal if the Proposer has a contract or other relationship with a client that is determined by the DTC to be a legal or business conflict that is unwaivable or that the DTC, at its sole discretion, is unwilling to waive.
7) EQUALS: Proposals submitted as alternates, as "equals," or on the basis of exceptions to specific conditions of purchases and/or required specifications, must be submitted in writing. The DTC has the sole right to determine what constitutes an equal.
8) SAMPLES: The DTC has the right to request samples from the highest ranked Proposer. The requested samples must be provided timely, as determined by the DTC.
9) EXCEPTIONS: Exceptions to required product specifications and/or Scope of Work must be submitted, in writing, referencing the specific paragraph numbers and adequately defining the exception submitted. If no exceptions are taken, the DTC will expect and require complete compliance with the brands, specifications, conditions of purchase and Scope of Work.
10) WORK AUTHORIZATION PERMIT (WAP): Work Authorization Permits are required before performing work at DTC. If a WAP is required, as determined by DTC, the Contractor must complete the WAP application and receive authorization prior to the commencement of work.
11) STANDARD INSURANCE REQUIREMENTS: Contractor, at its own expense and in its own name, must provide and keep in force during the term of this Agreement, the following insurance coverages, provided by a company licensed to conduct business in the State of Michigan, acceptable to DTC, with limits not less than indicated for the respective items or as otherwise agreed.
POLICY TYPE / AMOUNT NOT LESS THANWorker's Compensation
Employer’s Liability / Full Statutory Limits
$1,000,000.00 each accident
$1,000,000.00 each disease
$1,000,000.00 each person
Commercial General Liability / $2,000,000.00 each occurrence
$2,000,000.00 Personal & Advertising Injury
$4,000,000.00 Products & Completed Operations Aggregate
$1,000,000.00 Fire and Legal Liability
$ 10,000.00 Medical Payment
$4,000,000.00 General Aggregate
Excess / Umbrella Liability Insurance over Employer’s Liability, Commercial General Liability, and Automobile Liability / $5,000,000.00 each occurrence
$5,000,000.00 aggregate where applicable
Comprehensive Automobile Liability Combined single limit (covering all owned, hired and non-owned vehicles with property damage each personal and property protection insurance including residual liability insurance under Michigan No Fault Insurance Law) / $1,000,000.00
12) PROPERTY OF THE DTC: All item(s) (including drafts, photos, work papers, prototype and the like), produced by Contractor(s) during the service of any resulting contract(s) will become the property of the DTC.
13) PROJECT ACCEPTANCE: Acceptance is predicated on all Scope of Work objectives or any other specifically identified criteria being completed to the DTC’s satisfaction.
14) KEY PERSONNEL AND SUBCONTRACTORS: It is essential that the Contractor provides adequate experienced personnel and subcontractors, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions.
a. Contractor agrees that once assigned to work under this contract, key personnel and subcontractors shall not be removed or replaced without written notice to the DTC.
b. If key personnel and subcontractors are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the DTC, and shall, subject to the concurrence of the DTC, replace such personnel with personnel of substantially equal ability and qualifications.
SECTION III – RFP/PO TERMS AND CONDITIONS OF AGREEMENT
Detroit Transportation Corporation Page 6 of 12
RFP 01-2015
1. General
a.) Acceptance of this order is expressly limited to the terms and conditions of this order, and shall not be modified or supplemented except in writing, signed by an authorized representative of Buyer.
b.) Reference in this order to Seller’s proposal or quotation are only to describe the goods or services covered hereby, and do not constitute an acceptance of any terms set forth therein.
c.) Seller’s written or electronic confirmation of this order, or the shipment of any goods or commencement of services hereunder, shall constitute acceptance of this order.
d.) Invoice price shall not exceed the price established on the face of this order. Pricing is inclusive of freight, packaging, insurance, handling and all other charges related to this order.
2. Performance
a.) This order covers all goods and services to be performed by Seller, and reference to one term or its legal effect, either goods or services, does not infer a limitation on the other term.
b.) Time and quantity are of the essence for this order. Unless otherwise specified, delivery times specified are the times of delivery of the goods and/or services at Buyer’s designated place of delivery or destination.
c.) Buyer reserves the right to reject any goods or services and to cancel all or any part of this order, if Seller fails to deliver all or any part of the goods or services, or perform any of the work in accordance with the terms and conditions of this order. Acceptance of any part of the order shall not bind the Buyer to accept any future shipments or work nor deprive it of the right to return goods already accepted.
3. Indemnification
Seller shall indemnify and hold harmless Buyer for, from and against any and all claims, actions, damages, losses, liabilities, judgments, demands, costs, and expenses, including attorneys fees, incurred by Buyer caused by, arising from or as a result of (i) any breach of any of the covenants, agreements, representations or warranties of Seller contained herein, or (ii) any negligence or other act of omission on the part of the Seller and/or any person or entity acting on behalf of Buyer (including Seller’s subcontractors). Seller shall defend any and all claims or suits based on such claims or suits at Seller’s expense. Buyer, at its option, shall have the right to participate in the defense of any claim or suit without relieving Seller of any obligations hereunder.
4. Insurance
Seller and its subcontractors shall maintain public liability and property damage insurance, at a minimum, in accordance with industry standards sufficient to cover the obligations set forth herein, and shall maintain proper workers’ compensation insurance covering all employees performing within the scope of this purchase order. Seller shall provide a certificate of insurance upon request.
5. Seller Representations and Warranties
a.) Seller represents and warrants that goods and services furnished shall be of the highest grade and quality, of good workmanship and free from any defect, and shall conform to the specifications, quality requirements, drawings, samples or other data or descriptions furnished or adopted by Buyer. Seller hereby assigns to Buyer all rights of Seller to any representation or warranties of the subcontractors of Seller or the manufacturer of the goods covered hereby.
b.) Seller shall be fully responsible for all work and service performed by any subcontractor. At Buyer’s option, any part of the material or work not complying with the requirements expressed or implied may be returned, at Seller’s risk and expense including transportation both ways, for prompt correction of defects or services conforming to this order. Additionally, Seller shall be responsible for losses in Buyer’s revenue adversely affected by defective goods and services furnished by Seller.