Transit Bus Stops: Ownership, Liability, and Access (2008)

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42 APPENDIX A: Sample RFP for Franchise Agreements Request for Proposals, RFP # 10-01-06, Bus Shelter Program Issued by Transit Management of Mobile,http://www.thewavetransit.com/BusinessInitiatives/files/BusShelterRFP.pdf. Sections: 1.0 PROPOSALS RECEIVED 2.0 SEALED PROPOSALS 2.1 PROJECT SCHEDULING 3.0 AUTHORIZATION OF PROPOSAL 3.1 AUTHORIZED SIGNATURE 4.0 PROPOSAL FORMAT 4.1 PROPOSAL FORMS 5.0 APPROVED EQUALS 5.1 BRAND NAMES 5.2 APPROVED EQUALS 6.0 PROTEST PROCEDURES 6.1 GENERAL 6.2 PROTESTS BEFORE OPENING 6.3 PROTEST AFTER OPENING/PRIOR TO AWARD 6.4 PROTESTS AFTER AWARD 6.5 FTA PROTEST REVIEW PROCEDURES 7.0 ADDENDUM 8.0 PROPOSALS WITHDRAWAL 9.0 PROPOSAL REJECTION 10.0 PROPOSAL EVALUATION/QUALIFICATION FOR AWARD 11.0 PROPOSAL AWARD 12.0 PROPOSALS ACCEPTED 13.0 REMEDIES/SANCTIONS FOR BREACH OF CONTRACT 14.0 CONTRACT SUBLETTING 15.0 CONTRACT DOCUMENTS 15.1 CONTRACT CHANGES 16.0 INDEMNIFICATION

43 17.0 PROPRIETARY RIGHTS/RIGHTS IN DATA 18.0 APPLICABLE LAW 18.1 NON-DISCRIMINATION 19.0 TAX EXEMPTION 20.0 USE OF THE WAVE TRANSIT’S NAME IN ADVERTISING AND PUBLIC RELATIONS 21.0 PROPOSERS RESPONSIBILITY 22.0 COMPLIANCE WITH SCOPE OF WORK 23.0 PRICING 24.0 TERMS OF PAYMENT 25.0 INSURANCE **IMPORTANT** 26.0 CORRESPONDENCE OUTLINE OF SCOPE OF SERVICES 20 ATTACHMENTS (PHOTOS) FTA CLAUSES FORMS AND CERTIFICATES Text of selected sections of RFP: 16.0 INDEMNIFICATION The contractor shall indemnify, save, defend and hold harmless The Wave Transit, the City if Mobile, and First Transit, Inc., their officers, agents and employees free of all losses, damages, claims and expenses in any wise arising or resulting from the actions and omissions of the Con- tractor, its employees, agents or contractors in the performance of its services hereunder. 17.0 PROPRIETARY RIGHTS/RIGHTS IN DATA The term *subject data* used in this clause means recorded information, whether or not copy- righted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in scope of work or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to; computer software, engineering drawings and associated list, scope of work, standards, process sheets, manuals, technical reports, catalog item identifications, and related in- formation. The term *subject data* does not include financial reports, cost analysis, and similar information incidental to contract administration.

44 The procuring agency reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the following subject data for its pur- poses. 1. Any subject data, required to be developed and first produced in the performance of the con- tract and specifically paid for as such under the contract, whether or not a copyright has been ob- tained; and 2. Any rights of copyright to which the contractor, subcontractor or supplier purchase ownership for the purpose of performance of the contract and specifically paid for as such under the contract. The contractor agrees to include the requirements of this clause, modified as necessary to iden- tify the affected parties, in each subcontract and supply order placed under the contract. 20.0 USE OF THE WAVE TRANSIT’S NAME IN ADVERTISING AND PUBLIC RELATIONS The Wave Transit reserves the right to review and approve The Wave Transit related copy prior to publication. The contractor shall not proceed with The Wave Transit related copy to be pub- lished in the contractor’s advertisement or public relations program until submitting The Wave Transit related copy and receiving prior written approval from The Wave Transit. The contractor shall agree that material published about or referring to The Wave Transit and its equipment shall be factual and in no way imply that The Wave Transit encourages the contractor’s firm or service. 25.0 INSURANCE **IMPORTANT** **Insurance Requirements: $1,000,000.00 (One Million Dollars)** If requested by The Wave Transit the proposers shall furnish satisfactory proof of insurance that may be required. On each policy of insurance required hereunder, The Wave Transit, the City of Mobile, and First Transit, Inc., shall be named as additional insured. In addition, the proposers shall maintain in effect at all times during the performance of work under this contract workmen’s compensation insurance as required by state law. **Insurance Requirements: $1,000,000.00 (One Million Dollars) ** Unless specific requirements are listed below, the bidder shall obtain and thereafter maintain and pay the premiums for insurance of the types and the limits that it deems sufficient for its pro- tection. Additional insurers required by contract should be automatically included in all of the Bidder’s insurance programs: [The Wave Transit (Employee unit)] [First Transit, Inc.]

45 [City of Mobile] In any event, the bidder shall maintain and pay the premiums for insurance of the types and in the limits of not less than the following: 1) a) Worker’s Compensation of not less than $1,000,000. b) Employer’s Liability Insurance endorsed with a Broad Form All States Coverage, which shall cover all the Bidder’s employees engaged in the performance of the works. This coverage should not be less than 1,000,000. 2) Comprehensive. General Liability Insurance Coverage with limits not less than required. Umbrella Liability Insurance below and covering at least: a) Operations – Premises Liability b) Independent Contractor’s Liability c) Broad Form Contractual Liability covering the bidder’s obligations. d) Completed Operations Liability e) Personal Injury Liability including claims arising from employees of the Bidder. f) Broad Form Property Damage Liability 3) Excess and Umbrella Liability Insurance in excess of 1) (b), and 2) above of not less than $3,000.000. 4) All such insurance as indicated above shall be provided by insurance companies having a Best’s rating of not less than A: VI, as shown in the current issue of Best Key Rating Guide Prop- erty-Casualty. 5) Proof that such insurance coverage exists shall be furnished to WTS before the Bidder com- mences any of the parts of the work of the Contract. The Bidder agreed that if any policy of insur- ance is in effect in such manner as to affect the insurance called for herein, 30 days notice in writing shall be given to WTS prior to any such change or cancellation. 6) The Bidder shall be responsible for compliance with all safety rules and regulations of the Federal Occupational Safety and Health Act of 1970 and those of all applicable State Acts, Laws or Regulations during the conduct of and the Bidder’s performance of this Contract. The Bidder shall indemnify WTS for fines, penalties and corrective measures that result from the acts of commis- sion or omission of the Bidder, its subcontractors, if any, agents, employees and assigns and their failure to comply with such safety rules and regulations. 7) WTS will give to the Bidder prompt notice in writing of the institution of any suit or proceed- ing and permit the Bidder to defend same, and will give all needed information, assistance, and authority to enable the Bidder to do so. The Bidder shall similarly give WTS immediate notice of

46 any suit or action filed or prompt notice of any claim arising out of the performance of the Con- tract. The Bidder shall furnish immediately to WTS copies of all pertinent papers received by the Bidder. 8) The Bidder shall require its subcontractors, if any, to obtain an amount of insurance coverage, which is deemed adequate by the Bidder. The Bidder shall be liable to the extent that the subcon- tractor insurance coverage is inadequate. The subcontractors, prior to commencing any of the work, shall submit certificates evidencing such insurance coverage to the Bidder. 9) WTS reserves the right to inspect in person, prior to commencement of the work, all of the Bidder’s insurance policies in regard to insurance required herein. The Evaluation Criteria [for shelter design] will be as followed: • Safety concerns. • Lighting options (Incandescent, fluorescent, solar, etc). • ADA issues. • Entry and exit from the shelter. • Curb appeal based on area of town (color, design, size, etc.). • Drainage issues (if any). • Weather conditions to be concerned about (rain, sun, wind, etc.). • Traffic patterns (safety). • Most probable areas for trip generation (i.e. ridership). • See through ability.