PART H CONTRACT DELIVERABLES

Transcription

1 PART H CONTRACT DELIVERABLES SECTION TITLE 25. Surety Bonds 26. Certificate of Insurance 27. Project Reports and Submittals 145 RFP

2 SECTION 25 SURETY BONDS 25.1 GENERAL REQUIREMENTS A. The Contractor who is selected to enter into a written Contract with VRE shall furnish a Performance Bond and a Payment Bond or Irrevocable Letters of Credit. B. The Performance Bond shall be in the amount equal to one hundred percent (100%) of the Contract as guarantee to the faithful performance of the Contract. C. The Payment Bond shall be in the amount of the value of subcontracted work as guarantee for the payment to all persons who have and fulfill contracts, which are directly with the Contractor. The Payment Bond shall be for subcontracted services during the five (5) year term of the Contract and renewed at each additional option period. D. As an alternative, the Contractor may propose a parent company guarantee in a form acceptable to VRE providing security equivalent to the Performance Bond and Payment Bond or Irrevocable Letters of Credit. The Contractor shall provide financial and other information concerning the parent company sufficient for VRE to determine whether the alternative security is acceptable. E. The Contractor shall deliver to VRE within ten (10) calendar days of the notification of award a duly executed Performance Bond and Payment Bond payable to the Northern Virginia Transportation Commission and the Potomac and Rappahannock Transportation Commission, together known as the. F. The Sureties of all bonds shall be of such surety company or companies as are approved by Virginia and are authorized to transact business in the Commonwealth of Virginia. G. No Contract shall be deemed to be in effect until the bonds have been approved by VRE. 146 RFP

3 H. The Contractor shall provide appropriate bond forms prior to or at the time of Contract award to VRE for review and approval. The Contractor may use the American Institute of Architects (AIA) bond forms or a format that is substantively similar. I. VRE may require additional bond protection when a Contract price is increased. The increase in protection shall generally equal one hundred percent (100%) of the increase in Contract price. Upon the Contractor s request, VRE may decrease bond amounts as deliverables are received. J. A copy of the revised bonds shall be provided by the Contractor to VRE. The Contractor shall execute change orders with the consent of the surety or sureties on the Performance and Payment Bonds unless otherwise directed by the sureties. 147 RFP

4 SECTION 26 CERTIFICATE OF INSURANCE 26.1 GENERAL REQUIREMENTS A. By signing and submitting a Proposal under this solicitation, the Contractor certifies if awarded the Contract, the Contractor will have the insurance coverage identified and described in EXHIBIT 28.4 VRE INSURANCE COVERAGE REQUIREMENTS at the time of Contract award. B. The Contractor further certifies that the Contractor and any Subcontractors will maintain the required insurance coverage during the entire term of the Contract and all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia. The Contractor s insurance shall be primary to all other coverage VRE may possess. C. The Contractor shall furnish VRE proof of compliance with these insurance requirements in the form of an original Certificate of Insurance signed by an authorized representative or agent of the insurance company(ies). The Certificate of Insurance must be furnished within ten (10) calendar days of receipt of the Notice of Intent to Award and before any work under the resultant Contract will be allowed to commence. D. Failure to provide the Certificate(s) when required may be cause for VRE to award a Contract to the next responsible and responsive Contractor. However, in no event shall work be performed until the required Certificates of Insurance have been furnished and approved by VRE. E. All insurance must be raised to an amount approved by VRE as change orders are made to the Contract. F. If the Contractor is furnished a written notice of cancellation from the insurance carrier, the Contractor shall provide VRE a copy of the cancellation notice within thirty (30) calendar days of receipt of the notification. 148 RFP

5 26.2 POLLUTION LIABILITY INSURANCE A. The Contractor shall obtain at no additional cost to VRE, pollution liability insurance in an amount no less than one million dollars ($1,000,000) with preference for a one (1) year extended reporting endorsement. B. The Contractor shall assume full responsibility and liability for compliance with Federal, State, and Local regulations pertaining to training, work practices, hauling, disposal, and protection of workers, visitors to the site, and persons occupying areas adjacent to the site INDEMNIFICATION OF CONTRACTOR BY VRE A. Subject to the provisions of SECTION 39 INDEMNIFICATION and SECTION 59 INSURANCE of the GENERAL TERMS AND CONDITIONS, as well as the provisions of SECTION 26 CERTIFICATE OF INSURANCE hereof, the VRE shall include the Contractor as an additional insured in its Commuter Rail Liability Insurance Plan established pursuant to and 4526 and of the Code of Virginia for liability for claims of personal injury and death, as well as property damage, arising out of the Contractor s provision of the Contract services. The VRE shall also provide property insurance for its equipment and property used by the Contractor in the provision of the Contract services. The Contractor shall be responsible for any damage to equipment and/or facilities caused by the Contractor, up to $250,000 per occurrence. B. Notwithstanding the provisions of A, the Contractor shall indemnify the VRE in accordance with SECTION 39 INDEMNIFICATION of the GENERAL TERMS AND CONDITIONS for all claims arising out of the Contract services with a value up to five (5) million dollars, and shall provide insurance for such claims pursuant to SECTION 59 INSURANCE of the GENERAL TERMS AND CONDITIONS and SECTION 26 CERTIFICATE OF INSURANCE hereof. C. In accordance with the terms of its Commuter Rail Liability Insurance Plan, VRE shall indemnify the Contractor for all claims arising out of the Contract services in excess of five (5) million dollars up to a total annual aggregate value of two hundred and fifty (250) million dollars. VRE shall be responsible for the provision of claims services for all such claims in accordance with the provisions of the Commuter Rail Liability Insurance Plan. 149 RFP

6 D. Excluded from the foregoing indemnification provided by VRE shall be any and all claims for personal injury to, and death of officers, directors, employees, agents, and Subcontractors of the Contractor. The Contractor shall be solely responsible for such claims and, in accordance with SECTION 39 INDEMNIFICATION of the GENERAL TERMS AND CONDITIONS, shall indemnify VRE for all such claims. 150 RFP

7 SECTION 27 PROJECT REPORTS AND SUBMITTALS 27.1 USE OF DOCUMENTS The Contractor agrees that all reports, drawings, studies, specifications, work instructions, estimates, maps, computations, and other data prepared by or for it under the resultant Contract shall be made available to VRE at all reasonable times during the period of the Contract and upon termination or completion of the work. VRE shall have the right to use the same, without restriction or limitation and without compensation to the Contractor other than that provided for in the Contract. Documents shall be directed to: Rich Dalton Deputy CEO/Chief Operating Officer 1500 King Street, Suite 202 Alexandria, VA (703) GENERAL SUBMITTAL SCHEDULE The reports and submittals required by the Contractor shall be submitted in accordance with the following schedule: A. Daily Reports and Submittals shall be received by VRE no later than 7:00 A.M. of the following day, unless otherwise noted. B. Weekly Reports and Submittals shall be received by VRE no later than the end of scheduled train service on Monday of the following week. C. Monthly Reports and Submittals shall be received by VRE no later than the end of scheduled train service on the first (1 st ) week after the end of the month. D. Quarterly Reports and Submittals shall be received by VRE no later than the end of scheduled train service on the first (1 st ) business day of the second (2 nd ) month of the subsequent quarter. 151 RFP

8 E. Annual Reports and Submittals shall be received by VRE no later than the end of scheduled train service on the first (1 st ) business day of the second (2 nd ) month of the following year. F. Occurrence Reports and Submittals shall be received by VRE no later than the end of scheduled train service on the day of the occurrence, unless otherwise noted. G. On-Demand Reports and Submittals shall be delivered by the Contractor at VRE s request QUALITY ASSURANCE SUBMITTALS After Issuance of the NTP A. Quality Assurance Plan Within 30 days of NTP 3.16.B Reoccurring Throughout the Contract Term B. Revised Quality Assurance Plan Annually by July 1 st 3.16.C 27.4 EQUIPMENT AND FACILITIES SUBMITTALS A. Employee Procedures Manual After Issuance of the NTP Thirty (30) days after NTP issuance B B. C. D. Reoccurring Throughout the Contract Term Revised Rolling Stock Maintenance Plan (RSMP) Annually I Occurrence report; by 7:00 Equipment inspection report made in conjunction A.M. the day following with a passenger or employee injury on VRE the activity that rolling stock precipitated the report D.1 Report/explanation, including corrective actions, if required, of all train delays over five (5) minutes that result from mechanical issues Occurrence report; by 7:00 A.M. the day following the activity that precipitated the report D RFP

9 E. Lineup of all train sets & shop report that shows the status of all VRE equipment Daily by 3:00 A.M D.3 F. Service slips Occurrence report A G. Revised Facility Maintenance Plan (FMP) Annually or when updates are made D Report summarizing maintenance and H. inspections performed on VRE s facilities and equipment Monthly A I. Record log of facility maintenance activities On-demand E 27.5 MANAGEMENT SUBMITTALS After Issuance of the NTP A. A list of potential candidates selected to carry out all of the functions related to the Contract services B. Training Program Plan Within sixty (60) days from the date the NTP is issued Within ninety (90) days from the date the NTP is issued 6.2.C A Reoccurring Throughout the Contract Term C. Update to the Management Plan Annually 6.2.B D. Update to the Training Program Plan Annually by April 1 st A E. Training Report, which shall list and describe each training conducted during the quarter preceding Quarterly F. Records of all aspects of the Contractor s provision of Maintenance Services and other activities carried out under the Contract G. Full and accurate accounting records, including source documentation, of all expenses and revenues related to the provision of Contract services 153 Maintained during the term of the Contract and for seven (7) years after the expiration of the Contract On-demand A A RFP

10 27.6 SYSTEM SAFETY AND SECURITY SUBMITTALS A. System Safety Program Plan (SSPP) B. System Security Plan (SSP) C. Emergency Preparedness Plan (EPP) D. Emergency Response Plan (ERP) E. Inventory of Safety Sensitive Positions After Contract Award By the start of mobilization; plan has to be approved by VRE sixty (60) days prior to the commencement of Contract services By the start of mobilization; plan has to be approved by VRE sixty (60) days prior to the commencement of Contract services By the start of mobilization; plan has to be approved by VRE sixty (60) days prior to the commencement of Contract services By the start of mobilization; plan has to be approved by VRE sixty (60) days prior to the commencement of Contract services By the start of mobilization 7.2.C 7.3.C 7.4.B 7.5.B E Prior to the Commencement of Contract Services (July 1, 2015) F. Contingency Plan G. Drug-Free Workplace Policy H. Guidelines for Drug & Alcohol Testing At least ninety (90) days before the commencement of Contract services At least ninety (90) days before the commencement of Contract services At least sixty (60) days before the commencement of Contract services 7.6.A 7.9.C B 154 RFP

11 Reoccurring Throughout the Contract Term I. Revised System Safety Program Plan (SSPP) J. Revised System Security Plan (SSP) K. Revised Emergency Preparedness Plan (EPP) L. Revised Emergency Response Plan (ERP) M. Revised Contingency Plan N. Revised Drug-Free Workplace Policy O. Report of Any Violations of the Drug-Free Workplace Policy P. Revised Guidelines for Drug & Alcohol Testing Q. Incident Report each Contract year or within forty-five (45) days of request by VRE each Contract year or within thirty (30) days of receipt of revisions from VRE each Contract year or within thirty (30) days of receipt of revisions from VRE each Contract year or within thirty (30) days of receipt of revisions from VRE each Contract year each Contract year Occurrence report; within five (5) days of a violation each Contract year Occurrence report; within twenty-four (24) hours of an incident 7.2.D & 7.2.K 7.3.A & 7.3.E 7.4.A & 7.4.C 7.5.A & 7.5.C 7.6.B 7.9.D 7.9.H B D 27.7 MOBILIZATION SUBMITTALS Reoccurring Throughout the Mobilization Period A. Organizational Chart Bi-weekly RFP

12 27.8 ENVIRONMENTAL SERVICES SUBMITTALS After issuance of the NTP A. Draft Emergency-Spill Response/Spill Prevention Control and Countermeasure (SPCC) Plan B. Draft policy and procedures manual and draft guidelines for handling and managing hazardous waste and materials Within thirty (30) days of NTP Within thirty (30) days of NTP C. Health and Safety Plan Within thirty (30) days of NTP Reoccurring Throughout the Contract Term Description Due Updated Emergency-Spill Response/Spill Prevention Control and Countermeasure (SPCC) Plan D. E. Fuel usage logs, which are to include total monthly fuel usage for all combustion units, and total CRMF fuel usage for the previous twelve (12) months. July 1 st of each Contract year Monthly 10.2.C 10.4.B 10.6.A Section 10.2.C 10.3.B-E F. CRMF Engine Hour Run Time Reports Monthly 10.3.H 156 RFP