HomeMy WebLinkAboutGFI GENFARE - CONTRACT - RFP - P865 REVENUE COLLECTION SYSTEMSERVICES AGREEMENT
Revenue Collection System
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to
as the "City" and GFI GENFARE, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Services
The Service Provider agrees to provide equipment and services for the installation and support
of a complete Revenue Collection system in accordance with the scope of services attached
hereto as Exhibit "A", consisting of eight (8) pages, and incorporated herein by this reference.
2. Contract Period
This Agreement shall commence upon the date of execution shown on the signature page of
this Agreement and shall continue in full force and effect for one (1) year, unless sooner
terminated as herein provided. In addition, at the option of the City, the Agreement may be
extended for an additional period of one (1) year at the rates provided with written notice to the
Professional mailed no later than ninety (90) days prior to contract end.
3. Delay
If either party is prevented in whole or in part from performing its obligations by unforeseeable
causes beyond its reasonable control and without its fault or negligence, then the party so
prevented shall be excused from whatever performance is prevented by such cause. To the
extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice
Notwithstanding the time periods contained herein, the City may terminate this Agreement at
any time without cause by providing written notice of termination to the Service Provider. Such
notice shall be delivered at least fifteen (15) days prior to the termination date contained in said
notice unless otherwise agreed in writing by the parties. All notices provided under this
Agreement shall be effective when mailed, postage prepaid and sent to the following addresses:
City:
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80522
Service Provider:
GFI Genfare
751 Pratt Boulevard
Elk Grove Village, Illinois 60007
847-593-8855
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
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Project Manager
The City's Project Manager for this project is Dean Erickson
Acceptance
The Project Manager must accept each phase of the project and provide final acceptance of the
entire project before payments for each particular phase or final payment for an entire project shall
be made. "Acceptance" shall mean approval, in writing, of the completed installation and
implementation of a project phase or of an entire project, after allowing what the Project Manager
deems to be sufficient operating time in a production environment to allow the Project Manager to
determine that such installation and implementation complies with the Scope of Work and/or any
Specifications relevant to the project.
The City reserves the right to require and/or witness such demonstrations, perform such tests, and
require specific details of construction from the GFI prior to or as a condition of purchase in order to
determine that the equipment is fully compliant, free from operational defects, designed and
manufactured as proposed and suitable for revenue service.
Parts Availability
GFI agrees to make available such parts, components, devices and/or assemblies used in the
equipment provided for a period of not less than ten (10) years from the date of equipment
acceptance.
Delivery Schedule
GFI shall provide the City with schedules for the manufacture, delivery, and installation of
equipment; training programs; and delivery of documentation.
GFI must make the initial delivery of equipment within 120 days following the execution of this
agreement. All equipment shall be installed and all specified services completed in not more than
60 days after delivery of equipment.
Phasing and Payment Schedule
Phases may occur simultaneously. Payments will be made upon acceptance and after receipt of
proper invoicing.
Initial payment:
Twenty percent (20%) upon execution of this agreement.
Phase 1 — Delivery of equipment
Twenty percent (20%) upon delivery of all equipment.
Phase 2 — Installation of the stationary revenue collection components.
Twenty percent (20%) upon acceptance.
Phase 3 — Installation of fareboxes.
Twenty percent (20%) upon acceptance.
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Phase 4 — Activation and testing of entire system, completion of all training.
Ten percent (10%) upon initial acceptance.
Phase 5 — Operation of system by City staff. System must operate trouble -free for at least thirty
(30) days before final acceptance.
Ten percent (10%) upon final acceptance.
All payments shall be made net forty-five (45) days upon invoice.
ATTACHMENT
The Spare parts list to be completed by Dave Leicester and Fleet Services up to $10,000.00.
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Exhibit B: Insurance Requirements
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement"
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain
during the life of this Agreement for all of the Service Provider's employees engaged in work
performed under this agreement:
Workers' Compensation insurance with statutory limits as required by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the
life of this Agreement such commercial general liability and automobile liability insurance as will
provide coverage for damage claims of personal injury, including accidental death, as well as for
claims for property damage, which may arise directly or indirectly from the performance of work
under this Agreement. Coverage for property damage shall be on a "broad form" basis. The
amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than
$500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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Exhibit C: Federal Requirements
TABLE OF CONTENTS
Buy America Requirements
Page 2
Cargo Preference Requirements
Page 2
Seismic Safety Requirements
Page 2
Energy Conservation Requirements
Page 2
Clean Water Requirements
Page 2-3
Bus Testing
Page 3
Pre -Award and Post Deliver Audits
Page 3
Lobbying
Page 3
Access to Records and Reports
Page 3-4
Federal Changes
Page 4
Clean Air
Page 4
Recycled Products
Page 5
No Government Obligation to Third Parties
Page 5
Program Fraud and False or Fraudulent Statements
Page 5
Termination
Page 6-8
Governmentwide Debarment and Suspension
(Nonprocurement)
Page 8-9
Privacy Act
Page 9
Civil Rights Requirements
Page 9-10
Breaches and Dispute Resolution
Page 10
Patent and Rights in Data
Page 11
Disadvantaged Business Enterprise (DBE)
Page 11-13
Interests of Members of or Delegates to Congress
Page 13
Prohibited Interest
Page 13
Incorporation of Federal Transit
Administration (FTA) Terms
Page 14
ATTACHMENTS:
Attachment 1
Buy America Requirements 1 page
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans,
and Cooperative Agreements 1 page
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BUY AMERICA REQUIREMENTS
49 U.S.C. 53230)49 CFR Part 661
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America
requirements in FTA-funded contracts. The contractor agrees to comply with 49 U.S.C. 5323(j)
and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron,
and manufactured products used in FTA-funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver. General
waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer
equipment, software, and small purchases (currently less than $100,000) made with capital,
operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j)(2)(C)
and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the
United States and have a 60 percent domestic content.
CARGO PREFERENCE REQUIREMENTS
46 U.S.C.1241
46 CFR Part 381
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use
privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to the underlying contract
to the extent such vessels are available at fair and reasonable rates for United States -Flag
commercial vessels; b. to furnish within 20 working days following the date of loading for
shipments originating within the United States or within 30 working days following the date of
leading for shipments originating outside the United States, a legible copy of a rated, "on -board"
commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding
paragraph to the Division of National Cargo, Office of Market Development, Maritime
Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the
case of a subcontractor's bill -of -lading.) c. to include these requirements in all subcontracts
issued pursuant to this contract when the subcontract may involve the transport of equipment,
material. or commodities by ocean vessel.
SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 et seq. 49 CFR Part 41
Not applicable
ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq. 49 CFR Part 18
The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
CLEAN WATER REQUIREMENTS
33 U.S.C.1251
Clean Water
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251
et sec . The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required
to assure notification to FTA and the appropriate EPA Regional Office.
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(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
BUS TESTING
49 U.S.C. 5323(c)49 CFR PART 665
Not Applicable
PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
49 U.S.C. 5323 49 CFR PART 663
Not Applicable
LOBBYING
31 U.S.C. 135249 CFR Part 1949 CFR Part 20
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. 1601, et seq.]
- Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act
of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to
that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to
records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees
to provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States
or any of their authorized representatives access to any books, documents, papers and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R.
633.17 to provide the FTA Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through
the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Not applicable
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and is an institution of higher education, a hospital or
other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA
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Administrator, the Comptroller General of the Unites States or any of their duly authorized
representatives with access to any books, documents, papers and record of the Contractor
which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall
make available records related to the contract to the Purchaser, the Secretary of Transportation
and the Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under
this contract for a period of not less than three years after the date of termination or expiration of
this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees to maintain same until the
Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 49 CFR 18.39(i)(11).
FEDERAL CHANGES
49 CFR Part 18
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and
FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Clean Air
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. . The
Contractor agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn, report each violation as required to assure notification to
FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
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RECYCLED PRODUCTS
42 U.S.C.6962
40 CFR Part 247
Executive Order 12873
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal
Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities
to the Purchaser, Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining
to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the
Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government
under a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C.'b307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
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TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1 D
a. Termination for Convenience (General Provision) The City of Fort Collins may
terminate this contract, in whole or in part, at any time by written notice to the Contractor when it
is in the Government's best interest. The Contractor shall be paid its costs, including contract
close-out costs, and profit on work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the City of Fort Collins to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City of Fort Collins, the
Contractor will account for the same, and dispose of it in the manner the City of Fort Collins
directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is
for services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may
terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City of Fort Collins that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond
the control of the Contractor, the City of Fort Collins, after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion
may, in the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination will state
the time period in which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any
of the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by
Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or
default, the City of Fort Collins shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate to
preclude the City of Fort Collins from also pursuing all available remedies against Contractor
and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to
waive its remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by the City of Fort Collins shall not limit the City of Fort Collins's remedies
for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any extension or if
the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins
may terminate this contract for default. The City of Fort Collins shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. The Contractor will
only be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
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If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
f. Termination for Default (Transportation Services)
Not Applicable
g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within the time
specified in this contract or any extension or fails to complete the work within this time, or if the
Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may
terminate this contract for default. The City of Fort Collins shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. In this event, the
Recipient may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for
completing the work. The Contractor and its sureties shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within specified
time, whether or not the Contractor's right to proceed with the work is terminated. This liability
includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor changed with
damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor. Examples of such causes include: acts of
God, acts of the Recipient, acts of another Contractor in the performance of a contract with the
Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [1 0] days from the beginning of any delay, notifies the City of Fort
Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay
is excusable, the time for completing the work shall be extended. The judgment of the City of
Fort Collins shall be final and conclusive on the parties, but subject to appeal under the
Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
h. Termination for Convenience or Default (Architect and Engineering)
Not applicable.
i. Termination for Convenience of Default (Cost -Type Contracts) The City of Fort Collins
may terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the City of Fort
Collins or for the default of the Contractor. If the termination is for default, the notice shall state
the manner in which the contractor has failed to perform the requirements of the contract. The
Contractor shall account for any property in its possession paid for from funds received from the
City of Fort Collins, or property supplied to the Contractor by the City of Fort Collins. If the
termination is for default, the City of Fort Collins may fix the fee, if the contract provides for a
fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time
of termination. The Contractor shall promptly submit its termination claim to the City of Fort
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Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
5. Contract Sum
The City shall pay the Service provider for the performance of this Contract, subject to additions
and deletions provided herein, the sum of Two Hundred Seventy Three Thousand, Five
Hundred Fifty Eight Dollars ($273,558), plus up to Thirty Thousand Dollars ($30,000) for a
Magnetic Card Creation and Encoding System, all as set forth in Exhibit "A".
6. City Representative
The City will designate, prior to commencement of the work, its representative who shall make,
within the scope of his or her authority, all necessary and proper decisions with reference to the
services provided under this agreement. All requests concerning this agreement shall be
directed to the City Representative.
7. Independent Service provider
The services to be performed by Service Provider are those of an independent service provider
and not of an employee of the City of Fort Collins. The City shall not be responsible for
withholding any portion of Service Provider's compensation hereunder for the payment of FICA,
Workmen's Compensation or other taxes or benefits or for any other purpose.
8. Personal Services
It is understood that the City enters into the Agreement based on the special abilities of the
Service Provider and that this Agreement shall be considered as an agreement for personal
services. Accordingly, the Service Provider shall neither assign any responsibilities nor
delegate any duties arising under the Agreement without the prior written consent of the City.
9. Acceptance Not Waiver
The City's approval or acceptance of, or payment for any of the services shall not be construed
to operate as a waiver of any rights or benefits provided to the City under this Agreement or
cause of action arising out of performance of this Agreement.
10. Warranty
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work of
a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City -furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship for a period beginning with
the start of the work and ending twelve (12) months from and after final acceptance
under the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of written
notice from City of any such defect or nonconformances, the affected item or part thereof
shall be redesigned, repaired or replaced by Service Provider in a manner and at a time
acceptable to City.
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Collins and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid
its Contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the Work performed up to the time of termination.
If, after serving a notice of termination for default, the City of Fort Collins determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events which
are not the fault of and are beyond the control of the contractor, the City of Fort Collins, after
setting up a new work schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR
Part 29
Executive Order 12549
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier
participant is providing the signed certification set out below .
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in addition to
other remedies available to the Federal Government, the City of Fort Collins may pursue
available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to
the City of Fort Collins if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower
tier covered transaction," :"participant," "persons," 'lower tier covered transaction," "principal,"
"proposal," and 'voluntarily excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part
29]. You may contact the City of Fort Collins for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized in writing
by the City of Fort Collins.
6. The prospective lower tier participant further agrees by submitting this proposal
that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous, A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the
SA 10/97
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Nonprocurement List issued by U.S. General Service Administration
8. Nothing contained in the foregoing shall be construed to require establishment
of system of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to all remedies available to the Federal Government, the City of Fort
Collins may pursue available remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction"
(1) The prospective lower tier participant certifies, by submission of this bid or
proposal, that neither it nor its "principals" [as defined at 49 C.F.R. 29.105(p)] is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements
in this certification, such prospective participant shall attach an explanation to this proposal.
PRIVACY ACT
5 U.S.C. 552
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those
files are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to all contracts. The Federal Privacy Act requirements flow down to each
third party contractor and their contracts at every tier.
(1) The Contractor agrees to comply with, and assures the compliance of its
employees with, the information restrictions and other applicable requirements of the Privacy
Act of 1974, 5 U.S.C. 552a. Among other things, the Contractor agrees to obtain the express
consent of the Federal Government before the Contractor or its employees operate a system of
records on behalf of the Federal Government. The Contractor understands that the
requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act,
apply to those individuals involved, and that failure to comply with the terms of the Privacy Act
may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract
to administer any system of records on behalf of the Federal Government financed in whole or
in part with Federal assistance provided by FTA.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C. 623, 42 U.S.C.?1000
42 U.S.C. 6102, 42 U.S.C.?I2112
42 U.S.C. 12132, 49 U.S.C.3332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
SA 10/97
0
U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C..'.6102,
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit
law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee
or applicant for employment because of race, color, creed, national origin, sex, age, or disability.
In addition, the Contractor agrees to comply with applicable Federal implementing regulations
and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil Rights
Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C.'b332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et = ., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to Equal Employment
Opportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive
orders, regulations, and Federal policies that may in the future affect construction activities
undertaken in the course of the Project. The Contractor agrees to take affirmative action to
ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 6332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
to employment of persons with disabilities. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
BREACHES AND DISPUTE RESOLUTION. 49 CFR Part 18
FTA Circular 4220.1 D
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of the City
of Fort Collins's [title of employee]. This decision shall be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to the [title of employee]. In connection with any such appeal, the Contractor
shall be afforded an opportunity to be heard and to offer evidence in support of its position. The
decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall
SA 10/97
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abide be the decision.
Performance During Dispute - Unless otherwise directed by the City of Fort Collins,
Contractor shall continue performance under this Contract while matters in dispute are being
resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefore shall be made in writing
to such other party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City of Fort Collins and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the City of Fort Collins is
located. and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the City of Fort Collins, (Architect) or Contractor shall constitute a waiver of any
right or duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
Not applicable — applies only to development and research work
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23
DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT
that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the
maximum opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part
23 apply to this agreement.
DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409
CFR Part 23, have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this Agreement. In
this regard, all grantees and vendors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and
shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT -assisted contracts.
Disadvantaged Business Enterprise Provision
1. The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to
match projected procurements with available qualified disadvantaged businesses. the City of
Fort Collins goals for budgeted service contracts, bus parts, and other material and supplies for
Disadvantaged Business Enterprises have been established by the City of Fort Collins as set
forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and
amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is
considered pertinent to any contract resulting from this request for proposal.
SA 10l97
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If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special
Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and
good faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the
Contractor noncompliant and in breach of contract. If a goal is not stated in the Special
Specifications, it will be understood that no specific goal is assigned to this contract.
(a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins
that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in
Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987,
shall have the maximum opportunity to participate in the performance of Contract financed in
whole or in part with federal funds under this Agreement. Consequently, the DBE requirements
of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to this Contract.
The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of
the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with
federal funds provided under this Agreement. In this regard, the Contractor shall take all
necessary and reasonable steps in accordance with the regulations to ensure that DBEs have
the maximum opportunity to compete for and perform subcontracts. The Contractor shall not
discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in
the award and performance of subcontracts.
It is further the policy of the City of Fort Collins to promote the development and increase the
participation of businesses owned and controlled by disadvantaged. DBE involvement in all
phases of the City of Fort Collins procurement activities are encouraged.
(b) DBE obligation - The Contractor and its subcontractors agree to ensure that
disadvantaged businesses have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with federal funds provided under the
Agreement. In that regard, all Contractors and subcontractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority
business enterprises have the maximum opportunity to compete for and perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith
efforts to involve DBEs in the work provided, the City of Fort Collins may declare the contractor
noncompliant and in breach of contract.
(d) The Contractor will keep records and documents for a reasonable time following
performance of this contract to indicate compliance with the City of Fort Collins DBE program.
These records and documents will be made available at reasonable times and places for
inspection by any authorized representative of the City of Fort Collins and will be submitted to
the City of Fort Collins upon request.
(e) the City of Fort Collins will provide affirmative assistance as may be reasonable and
necessary to assist the prime contractor in implementing their programs for DBE participation.
The assistance may include the following upon request:
" Identification of qualified DBE
Available listing of Minority Assistance Agencies
Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the contract:
(a) Disadvantaged business "means a small business concern"
SA 10/97
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i. Which is at least 51 percent owned by one or more socially and economically
disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of
the stock of which is owned by one or more socially and economically disadvantaged
individuals; and
ii. Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it. or
iii. Which is at least 51 percent owned by one or more women individuals, or in the case of
any publicly owned business, at least 51 % of the stock of which is owned by one or more
women individuals; and
iv. Whose management and daily business operations are controlled by one or more
women individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small
Business Act and Appendix B - (Section 106(c)) Determinations of Business Size.
(c) "Socially and economically disadvantaged individuals" means those individuals who are
citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully
admitted permanent residents) and who are black Americans, Hispanic Americans, Native
Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any other
minorities or individuals found to be disadvantaged by the Small Business Administration
pursuant to section 8(a) of the Small Business Act.
i. "Black Americans", which includes persons having origins in any of the Black racial groups of
Africa;
ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or
South American, or other Spanish or Portuguese culture or origin, regardless of race;
iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or
Native Hawaiians;
iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust
Territories of Pacific, and the Northern Marianas;
v. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan,
and Bangladesh.
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS
No member of or delegate to the Congress of the United States shall be admitted to any share
or part of this Agreement or to any benefit arising therefrom.
PROHIBITED INTEREST
No employee, officer, or agent of the grantee 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
conflict would arise when:
The employee, officer or agent; any member of his immediate family; his or her partner; or an
organization which employs, or is about to employ, has a financial or other interest in the firm
selected for award. The grantee'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.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.I1D
SA 10/97
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Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by
DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
the City of Fort Collins requests which would cause the City of Fort Collins to be in violation of
the FTA terms and conditions.
SA 10/97
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Attachment 1
BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 53236)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1)
and the applicable regulations in 49 CFR Part 661.
Date March 18, 21
Signature
Company Name
m R( Green
GFI Genfare
Title Vice President
Attachment 1
BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
with all bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers
that are not accompanied by a completed Buy America certification must be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Non -Compliance with 49 U.S.C. 5323U)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or
(j)(2)(D) and the regulations in 49 CFR 661.7.
Date
Signature
Company Name
Title
SA 10/97
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Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such expenditure or
failure.]
The Contractor, GFI Genfare certifies or affirms the
Truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., app
lvl o t�is�,ertification and disclosure, if any.
!�t(K�iV�—� Signature of Contractor's Authorized Official
Kim R. Green, Vice President Name and Title of Contractor's Authorized
Official
March 18, 2003 Date
SA 10/97
16
I ACORDne III
DATE(MM/DDnY)
....,
_1 12/30/02
PRODUCER
;.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aon Risk Services Inc. of Michigan
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
171 Monroe Avenue, N.W.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 525
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Grand Rapids MI 49503
COMPANIES AFFORDING COVERAGE
COMPANY
I
PHONE - (616) 456-5366 FAX - (616) 456-7451
A ACE American Insurance Company
INSURED
COMPANY
GFI Genfare
B
SPX Corporation
COMPANY
13515 Ballantyne Corporate Place
C
Charlotte NC 28277 USA
COMPANY
D IMIN
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATIONLIMITS
DATE(MMIDDIYY)
DATE (MMIID/YY)
A
GENERAL LIABILITY
HDOG20308229
01/01/03
01/01/04
GENERAL AGGREGATE
$25,000,000
PRODUCTS - COMP/OP AGG
$10,000,000
XCOMMERCIAL GENERAL LIABILITY
CLAIMS MADE FXJ OCCUR
PERSONAL & ADV INJURY
$3,000,000
EACH OCCURRENCE
$3,000,000nv
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE(Aone fire)
$3,000,000
MED EXP(Anv one person)
$25,000
A
AUTO
MOBILE LIABILITY
ISAH0768440A
01/01/03
01/01/04
X
ANY AUTO
COMBINED SINGLE LIMIT
$2,000,000
ALLOW NED AUTOS
BODILY INJURY
SCHEDULED AUTOS
( Per person)
X
HIRED AUTOS
BODILY INJURY
X
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGAT
EXCESS LIABILITY
EACH OCCURRENCE
UMBRELLA FORM
AGGREGATE
OTHER THAN UMBRELLA FORM
A
WORKER'S COMPENSATION AND
WLRC4350"11
01/01/03
01/01/04
X I WCSTATU. OTH.
EMPLOYERS' LIABILITY
All Other States
EL EACH ACCIDENT
$1,000,000
A
THE PROPRIETOR! INCL
PARTNERS/EXECUTIVE
SCFC4350437A
01/01/03
01/01/04
EL DISEASE -POLICY LIMIT
$1,000,000
OFFICERS ARE: EXCL
NV, OR, W I
EL DISEASE -EA EMPLOYEE
$1,000,000
A
XWC014277
01/01/03
01/01/04
EL Each Accident $1,000,000
MI, OH
X Emess WC
EL Disease• Polley $1,000,000
EL Disease - EaEmpl $1,000,000
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
See next page for additional information.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NQ OBLIGATION OR LIABILITY
OF ANY WD UPO—00I OR REPRESENTATIVES.
AUTHORIZE PRES A E
a.enmcace Ivo: 0rUUU4iU4UU8 Holder Identifier:
16. Law/Severability
The laws of the State of Colorado shall govern the construction interpretation, execution and
enforcement of this Agreement. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision of this Agreement.
17. Special Provisions
Special provisions or conditions relating to the services to be performed pursuant to this
Agreement are set forth in Exhibit "C", Federal Requirements, consisting of eighteen (18) pages,
attached hereto and incorporated herein by this reference.
APPROV O ORM:
Assistant City Attorney
ATTEST:
Corporate Se et Scott Netzley
THE CIjxOF FORT COLLINS, COLORADO
John F' ach, City Manager
By:("""4L
Jam s B O-Neill II, CPPO, FNIGP
Dire of Purchasing & Risk Management
DATE:
GFI GENF;
By:
Kim R. Green
Title: Vice President
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: March 18, 2003
(Corporate Seal)
SA 10/97
4
Attachment to ACORD Certificate for GFI Genfare
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage
afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy.
INSURED
GFI Genfare
SPX Corporation
13515 Ballantyne Corporate Place
Charlotte NC 28277 USA
ADDITIONAL POLICIES
COMPANY
COMPANY
COMPANY
COMPANY
If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY DESCRIPTION
POLICY
EFFECTIVE
DATE
POLICY
EXPIRATION
DATE
LIMITS
DESCRIPTION OF OPERATIONStLOCATIONSNEHICLESISPECIAL ITEMS
All Workers' Compensation policies described on this Certificate of Insurance - except for policy
#XWC014277 - are subject to a Self Funded Retention of:
$1,000,000 - Each Claim - Workers' Compensation - Coverage A
$1,000,000 - Each Claim - Employer's Liability - Coverage B
$1,000,000 - Disease - Each Employee/Employer's Liab. - Coverage B
Limits of Liability shown for Workers' Compensation policy #XWC014277 described on this Certificate of
Insurance are in excess of the Self Insured Retention limits shown above.
Certificate No: 570004704008
Exhibit A: Scope of Work
System Description
GFI is to furnish, deliver, install and support a complete revenue collection and processing system.
This is defined as a system that shall:
• Collect revenue (coins / currency / transfers / passes / tickets / tokens) on board a bus.
• Count passengers by fare category.
• Process the revenue with interaction by staff.
• Provide reports on ridership - cash / passes collected.
• Have the ability to communicate with other electronic equipment.
• Have the ability to audit revenue.
• Have the capability for in-service maintenance and repair.
• Shall comply with the Americans with Disabilities Act (ADA).
The revenue collection equipment must be configured as a complete system, with each item
thoroughly tested, installed and ready for operation.
Quality of Work
All materials and equipment must be new and not used and/or rebuilt.
In all cases where more than one unit of equipment is to be provided, e.g., Cents -A -Bill fareboxes,
cashboxes, etc., each unit must be identical in manufacture and function to the others and all units
and their components must be freely interchangeable.
The workmanship employed by the GFI must be of the best quality and of the highest standard of
commercially acceptable practice for the class of work, and must result in the equipment having a
neat, clean, finished appearance.
The equipment, subsequent to testing, must be complete in every respect and suitable for revenue
service. All equipment must be of the latest engineering change level available and must
incorporate suitable modifications for all known operational problems.
Equipment to be provided
Equipment Description
The City currently has Twenty Four (24) Fixed Route buses to be equipped as stated in the GFI
proposal as described below:
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Equipment Table
UNIT
EXTENDED
DESCRIPTION
COST
QTY
PRICE
Cents -A -Bill Electronic Registering Farebox with
Cashbox, Route/Run Segmenter, Magnetic Card Swipe
$5,800.00
26
$150,800.00
Reader and Installation.
Spare Cash Boxes
$550.00
3
$1,650.00
Quick Disconnect Mount w/ Lock
$230.00
24
$5,520.00
Data System Complete for Single Garage/Single Probe
Lane, Including all Hardware (DELL Optiplex platform),
$35,000.00
1
$35,000.00
GFI Version 7A Software, Installation, Documentation &
Training
Upgrade to Version 7B
$19,000.00
1
$19,000.00
Stationary Revenue Collection System (Through -wall
Mount), Including Receiver, Outer Structure, Currency
$25,750.00
1
$25,750.00
Bin & Installation
COUNTING EQUIPMENT
Dollar Bill Sorter/Counter - Money Systems N-120
$1,278.00
1
$1,278.00
TESTING EQUIPMENT
Cents -A -Bill Test Set w/ Modules & Power Supply,
$6,800.00
1
$6,800.00
Including Magnetic Card Reader.
FAREBOX ACCESSORIES
Electronic Lock
$285.00
26
$7,410.00
VAULTING EQUIPMENT
Portable Electronic Key
$850.00
1
$850.00
SPARE PARTS
Spare Parts as requested (see Attachment 1).
Lot
$10,000.00
Spare Vault Receiver
$9,500.00
1
$9,500.00
OPTION TO PURCHASE ADDITIONAL FAREBOXES
GFI agrees to extend the bid price, adjusted using the
PPI Index, for up to three years for the purchase of up
to fifty (50) additional complete fareboxes (Item No. 1)
and the farebox accessories (Item No 8 a-e).
Total
$273,558.00
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Additional Equipment: Magnetic Card Creation and Encoding System
The City will negotiate with GFI for the purchase of a Magnetic Card Creation and Encoding
System which is compatible with the GFI GenFare Farebox Magnetic Card Reader supplied with
the Cents -a -Bill farebox. Cost of the system shall not exceed $30,000.
At a minimum, the purchase of some combination of the following items will be negotiated:
1. Single or bulk pass encoding device.
2. Single or bulk pass printer/encoder device.
3. Pre-printed and pre -encoded bulk passes, encoded with at least the following
characteristics:
• Serial number
• Passenger classification
• Expiration date
Services to be provided
Work to be performed by GFI
GFI will be responsible for all work and expenses relating to the design, manufacture, testing,
and delivery of the equipment to the designated City locations. GFI will perform all work
necessary to install the equipment.
GFI will supply all materials and supervision needed for installation of the fareboxes, revenue
equipment, data system, and other hardware and software described in this proposal. The
equipment, subsequent to testing, will be complete in every respect and suitable for revenue
service. GFI shall be responsible for the removal of existing fareboxes. The installed fareboxes
will be positioned for maximum ease of passenger movement and driver operation. The
installed position will allow for complete, unrestricted opening of all farebox maintenance and
cashbox doors.
Should it be necessary to reposition the handrails, stanchions or other equipment to be in
compliance with the Americans with Disabilities Act or which may interfere with the farebox
access doors GFI will notify the City at least 30 days prior to farebox installation. GFI and the
City will negotiate a change order with associated costs to make these modifications. All
modifications will be accomplished prior to actual farebox installation by GFI.
GFI will retrofit all equipment with any additional engineering changes as may be identified
during the warranty period following City acceptance.
The revenue collection vault will be installed at the location specified by the City. The City will
provide a level concrete pad for the vault and wall designed to accommodate the GFI through -
wall receiver.
GFI acknowledges that normal transit operations will continue during installation and must not
be impeded. Installation of fareboxes and revenue collection equipment will be appropriately
coordinated. The new fareboxes will be compatible with all standard buses in the City's fleet.
Positioning of the fareboxes will be conducive to safe and convenient operation by City
personnel and passengers and will be ADA-compliant.
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GFI will be responsible for installing all data system equipment including all data cabling
between the probes and garage computers, subject to City approval. Conduit is in place and
ready for the GFI data system.
GFI will make available full and competent engineering services to handle and correct all
problems associated with the performance of its equipment. GFI field representatives will be
available for onsite visits to City facilities during the warranty period to provide consultation and
instruction to district personnel. In the event of a fleet or systematic defect a GFI representative
may be dispatched to City's facilities to review the problem and take corrective action. A fleet
defect shall be defined as a same or like failure in the material provided or services rendered in
over 10% of the material provided or services rendered. GFI shall reply to City questions within 24
hours (weekdays) and supply parts within 10 business days.
Work to be Performed by City of Fort Collins
City will make buses available for farebox installation. GFI will submit an installation schedule
for City approval.
City will provide a mechanic to assist the GFI installers, a supervisor to oversee the work and
an agreed -upon number of drivers at each garage where installation will be performed.
Training Equipment
GFI shall provide and setup one (1) fully functional Cents -A -Bill farebox for use by the City thirty
(30) days prior to the first Cents -A -Bill farebox installation for training purposes. Unit shall be fully
functional and operate off of standard A/C power. This unit shall be one of the 26 fareboxes
specified in Item 1 of Equipment Table.
Operator and Maintenance Training Program
City personnel will receive in-depth training in the operation of GFI equipment. GFI will provide
training to City personnel who then provide driver and operator training.
GFI will provide complete training courses as close to installation and service as possible to
maximize student retention. Follow-up training will also be provided when requested two to four
months after installation.
On occasion, City personnel turnover results in a lack of experienced trainers or operators. To
address this long-term need, GFI will always offer free refresher courses at our factory training
facility.
All GFI training courses will emphasize hands-on experience using equipment pulled from
delivered stock. The instructors provided by GFI will be expert in the subject matter they are
teaching.
Instructors
GFI will provide experienced and qualified instructors to teach the courses as outlined.
Resumes of each of the instructors will be provided upon request.
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Instructor Guide
An Instructor Guide will be provided and is considered a more detailed version of student
material. An expansion of the student material is included along with instructor notes
and discussion guides.
Training Summary
A syllabus is provided to all students in each course which details the course objectives,
outlines the subjects to be discussed for each major operating function, briefly describes
the equipment to be demonstrated, and identifies the reference material related to the
subject. Maintenance courses include a section devoted to system fault analysis and
troubleshooting.
Instructional Material
In addition to the training summary, GFI will use appropriate manuals as the primary
reference for each course. Included in these manuals are drawings, descriptive
information and procedures necessary to ensure that all learning objectives are met in
an orderly and timely manner.
Training Aids
Maximum use will be made of visual aids for each course. "Hands on" training with
actual equipment will be employed extensively. Training is conducted using equipment
in normal operating condition. The equipment will be returned to revenue service in
good condition upon completion of training. Use of the equipment for training purposes
will not void or otherwise modify warranty provisions. All operating equipment, tools and
test equipment needed for the training program will be furnished by GFI.
Training Courses
GFI Genfare will provide the following training courses:
• Driver's Training Program. GFI will provide experienced and qualified instructors who
will conduct classes at a City facility. This training program will be for supervisory
personnel, who in turn will be responsible for the actual training of the drivers.
• Cashbox Pulling and Dumping. GFI will provide the services of a qualified and experi-
enced instructor who will conduct classes for the cashbox pullers. The purpose of the
training classes is to familiarize and train City personnel with the complete operating
requirements of the revenue collection equipment.
• Equipment Maintenance. GFI will provide an experienced and qualified instructor who
will conduct a comprehensive farebox and related equipment maintenance and repair
training program. The purpose of this program is to train City maintenance staff in all
aspects of maintenance and repair of the equipment delivered by GFI. This will include
troubleshooting and diagnostic methods and preventive maintenance techniques to be
employed in the proper maintenance of the equipment. This training will be for one full
week at GFI's plant in Elk Grove, Illinois.
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Specific topics to be covered include:
• Fareboxes
• Basic construction and operating features of the farebox and related
equipment
• Examination and disassembly of major farebox modules, including but not
limited to:
o Bill Transport
o Coin Mechanism
o Electronic printed circuit boards
o Electrical wiring harnesses
o Swipe reader
• Troubleshooting procedures
• Field -level repair of farebox and related equipment
• Use of the farebox test equipment.
• Revenue collection equipment
• Basic construction and operating features of the receiver, vault, bin, vault
interface electronics, base computer, probes, and junction and isolation
boxes.
• Examination and disassembly of major modules.
• Troubleshooting procedures.
• Field -level repair of receiver, probes, base computer, and vault interface
electronics.
• Data System Training
• GFI shall train personnel in the proper operation and use of the data collection and
reporting systems. Training shall include:
• Transfer of data from the Cents -A -Bill farebox systems to the computer
system.
• Descriptions of the individual programs.
• Assistance in installation, configuration and setup of the programs, user
access levels and remote access.
• Interpretation of all alarms, indicators and printed messages.
• Features and information for creating custom reports.
User's Guide and Administrator's Guide to include database design in
diagram form as well as explanation of relationships between tables and
fields.
• Passenger Training
• GFI shall provide educational materials to Transfort / Dial -A -Ride suitable
for use in a public relations campaign aimed at educating riders about the
new Cents -A -Bill Cents -A -Bill fareboxes.
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