HomeMy WebLinkAbout284919 ECONOLITE CONTROL PRODUCTS - CONTRACT - CONTRACT - SYSTEM SUPPLY AGREEMENT ECONOLITE MCSI VIDEO WALLSYSTEM SUPPLY AGREEMENT
THIS SYSTEM SUPPLY AGREEMENT (this "Agreement") is made and entered into
on 29th day of May, 2003, by and between the City of Fort Collins, CO. a Colorado municipal
corporation located at 300 LaPorte Avenue, Fort Collins, CO 80522 (hereinafter referred to as
"FORT' COLLINS"), and ECONOLITE CONTROL PRODUCTS, INC., a California
corporation located at 3360 E. La Palma Avenue, Anaheim, California 92806 (hereinafter
referred to as "ECONOLITE").
RECITALS
A. ECONOLITE is a manufacturer and supplier of traffic control equipment and
advanced traffic management systems.
B. ECONOLITE, in partnership with MCSi, has developed a plan set to provide FORT
COLLINS with a fully integrated, user-friendly large screen video display system.
C. FORT COLLINS desires to employ ECONOLITE to assist FORT COLLINS in the
integration of a CCTV system (cameras and video switch) into the City's icons Advanced
Traffic Management System. The integration will include the installation of the icons CCTV
module and integration of the City supplied CCTV equipment with icons and the large screen
video display system.
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
1. ECONOLITE SCOPE OF WORK; ECONOLITE DELIVERABLES AND
PURCHASE PRICES
On or before December 31, 2003, ECONOLITE will to provide FORT COLLINS with a
fully integrated, user-friendly large screen video display system as hereinafter described and
referred to as Video Wall. The Video Wall shall meet the requirements set out in the
ECONOLITE proposal submitted to FORT COLLINS Project AQCM455-064 (14446) on April
9, 2003., attached hereto as Exhibit A and incorporated herein by this reference to the extent that
it does not conflict with any other terms of this System Supply Agreement.
In this scope of work, ECONOLITE shall deliver the following materials and services
(the "deliverables") on or before the following delivery dates, provided FORT COLLINS has
issued its Purchase Order and executed this Agreement on or before 6th day of June, 2003.
A Project Timeline is attached as Exhibit B. Any extensions of the time limits set forth
in this Agreement, including Exhibit B must be agreed upon in a writing signed by both parties.
This Agreement shall not be assigned by any party, or any party substituted, without
prior written consent of FORT COLLINS and ECONOLITE.
20. MERGER AND MODIFICATION
This Agreement sets forth the entire Agreement between the parties in association with
FORT COLLINS. No supplement, modification or amendment of this Agreement or waiver of
the provisions thereof shall be binding unless executed in writing by FORT COLLINS and
ECONOLITE. No waiver of any of the provisions of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver.
21. ATTORNEYS' FEES
In the event any action in law or equity, arbitration or other proceeding is brought for the
enforcement of this Agreement or in connection with any of the provisions of this Agreement,
the prevailing party shall be entitled to its attorneys' fees and other costs reasonably incurred in
such action or proceeding.
22. OTHER MATTERS
Sever ability. In the event any of the provisions of this Agreement shall, for any reason, be held
void or unenforceable, the remaining provisions shall remain in full effect and shall control.
Invalid it Any provisions of this Agreement prohibited by the law of any state shall, as to said
state, be ineffective to the extent of such prohibition without invalidating the remaining
provisions of this Agreement.
Accept;ince Not Waiver. Approval or acceptance by FORT COLLINS of, or payment for any
equipment or services under this Agreement shall not be construed to operate as a waiver of any
rights or benefits provided to FORT COLLINS under this Agreement or of any cause of action
arising out of the performance of this Agreement.
Force r✓Iajeure. Should any obligation of either party hereunder (except with respect timely
payment of invoices) be delayed by events beyond such party's control, including but not
limited to, natural or man-made disasters, strikes government actions or regulations, failure of a
third party to comply or conform, or inability to obtain labor or materials through its regular
sources, that party's time for performance shall be extended by the period of delay upon
approval by FORT COLLINS.
Absence of Third Party Beneficiary Rights. Except as otherwise provided in this Agreement, no
provision of this Agreement is intended nor shall be interpreted to provide or create any third
party beneficiary rights or any other rights of any kind in any affiliate or subsidiary, and all
provisions hereof shall be personal solely between the parties hereto.
Headintis. Article and Section headings are included solely for convenience, are not to be
considered a part of this Agreement and are not intended to be full and accurate descriptions of
the contents thereof.
10
Survival. The following provisions shall survive the expiration, cancellation or early
termination of this Agreement: Articles 3, 4, 7, 8, 9, 10, 11,12, and 18 and any other provision
which by its nature shall survive the expiration, cancellation or early termination of this
Agreement.
11
23. SPECIAL PROVISION
Special provisions or conditions relating to the services to be performed pursuant to this
Agreement are set forth in ATTACHMENT "V, "Required Contract Provisions Federal -Aid
Construction Contracts" consisting of twelve (12) pages, ATTACHMENT "2" consisting of eight
(8) pages and ATTACHMENT "Y "Performance Bond" consisting of two (2) pages attached
hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date; first above written
THE CITY OF FORT COLLINS, COLORADO
By: Q" f
John ischbach
Manager
By: V
am e B. O'Neill II, CPPO, FNIGP
i ctor of Purchasing & Risk Management
DATE: w /G �Q3
City Clerk
APPROV AS TO F RM:
C
Assistant City Attorney
ECONOLITE CO TRO]
By:
Print: J. jP/ n ze, P.E.
PRODUCTS, INC.
Title: 'Vice President — Sales
Date:
ATTEST:
worporate' aeall
Corp ratc
Corp
�tary
12
EXHIBIT A
ECONOLITE PROPOSAL
13
City of Fort Collins
TRAFFIC OPERATIONS CENTER
VIDEO DISPLAY SYSTEM
Project AQC M455-064 (144461
April 9, 2003
Plan Set Prepared BY -
In Conjunction With:
mcr
St.
Media Consultants • Systems Integrators
14
-1MCS
Mcdia Consultants - Systems inielratars
City of Fort Collins Traffic Operations Center
Video Display System
Project AQC M455-0641144461
Table of Contents
Project
Scopeof Work.._._.____._._...____.____ _._.____...__...___ w ..._..__ ..._.__ 3
Master control System configuration ___.._ ...__..�..�__.___...__.__8
111111 System Configuration_____.._..__._ _ _____.._.__.�_._._._.._..__..._.____.._._. 9
Audio Playback System Configuration �___.__.._._ _ _ _�____._._._ _ _ ------ 9
Wdeo Display System Diagram_.._.__.._...___.______... _ __.10
CCTV System Integration __._.__.__..__ _ _.__.__..._ .. _ _...__.10
System
Warranty.... _______.___._______�__._..._._._____..__.._.__
Exclusions _._.._...___._.__....____._ _._._.__... _..._.__._._ _ 13
Pricing
Appendix
Project Overview
Econolite Control Products, Inc. (Econolite), in conjunction with MCSi, have prepared
this plan set to provide the City of Ft. Collins with a fully integrated, user-friendly large
screen display system. Our design team views this large screen display project as a
means by which the City can showcase it's intelligent transportation management tools;
such as the icons®' Advanced Traffic Management System, surveillance cameras with
pan -tilt control, and other video sources such as video detection cameras. To provide
the City with maximum use of the display system we have also included a VHS and DVD
playback system, TV tuner and audio system all managed and controlled by the Traffic
Operations Center (TOC) operators. This new display system will significantly increase
the amount of information that the TOC operators and guests view. The large screen
display system will also dramatically increase the way the City personnel view and
control its state-of-the-art traffic management system.
As part of this project, Econolite will also assist the City in the integration of a CCTV
system (cameras and video switch) the City's icons Advanced Traffic Management
System. This will include the installation of the icons CCTV module and integration of
the City supplied CCTV equipment with icons and the new video display system.
Scope of Work
Display Wall Configuration
Display Wall
The heart of this project is a Christie control room display system and processors.
Econolite and MCSi have recommended a 4 wide by 2 high array of Christie 24/7 50
inch projection modules. This array will provide a total screen size of 160 inches wide by
60 inches high, excluding the base stand. The overall dimension of the display wall will
be 160 inches wide by 110 inches high (with 50 inch base, approximately) and a depth
of 26.03 inches, excluding the service stand (see Appendix for detail drawing). The
overall resolution of the system will be 4096 pixels by 1536 pixels.
Dlspisy System
1 icons is a registered trademark of Econolite Control Products, Inc.
16
Drawing of. A 2 X 4 50" Display Wall
CHRISTIE 50" XGA DISPLAY MODULE
The; 50 inch projection module construction offers all the advantages of modular design,
yet requires only a modest 700 mm / 28" installation depth. The Christie technology
brings a new dimension to digital projection technology with new standards in
brightness, color, sharpness, and digital 30-bit color management fidelity for display
uniformity.
CHRISTIE 50" MODULE
The; video display system will be constructed using 50 inch projection modules or cubes.
Each cube uses a modular type construction with the added advantage of being
seamless. There are no visible mullions from the front of the display. The structure is
made up of a black anodized aluminum strut modular framework enclosed with black
powder coated heavy gauge metal panels. The panels maintain a "dark box" around the
projection engines to eliminate incidental light reaching the screens from behind.
The: base has long threaded levelers to insure that the structure is perfectly level on
even the largest of applications. A modular filtering system permits easy replacement
without opening the wall allowing maintenance in minutes.
The: display system structure will be fabricated with two screens high and four screens
wide. This display system will provide:
♦ Very bright, very high -resolution displays
♦ Configuration in a linear shape
♦ Minimal installation depth
♦ Enclosed structure to avoid incident light and dust
♦ Easy maintenance of system from the rear of the structure while system is running
Christie Screen
The! standard screen is a high contrast, high gain tinted screen. This provides the best
combination of brightness, uniformity, and viewing angle.
Christie Projection Engine
Each 50 inch projection cube utilizes an XGA (1024 x 768) DLP projection engine
designed specifically for the rigorous demands of 24 hour a day control rooms. The
engine uses (1) DLP panel, and an industry leading 8000 hour UHP metal halide lamp.
17
Drawing of:
Design of a 50" projection module
1 Projection Unit
2 Illumination Unit
3 Power Supply
4 Reflection Mirror
5 Screen Module
6 Dark Box
Drawing of:
Projection System for illustration only
Drawing of.
Typical Projector Base with Equipment Racks, Glass Doors and Fans
Christie Display Wall Controller
A Christie FRC-5000 Display Wall Controller will be used to control the video display
system. The FRC-5000 is a graphical controller that uses PC technology and multiple
video output cards to allow one logical screen to exist. The FRC-5000 display wall
controller uses the sum of the resolutions of each projection module to create one logical
screen. Therefore, the larger the number of projection modules incorporated, the larger
overall resolution of the display wall. This provides a huge advantage when trying to
view content with a large area topology and dense details, like the icons base map. By
having this large resolution you are able to see the entire map content without a "zoom
out" loss of detail.
Since the FRC-5000 display wall controller is a standard Microsoft Windows workstation,
it allows all the functionality with your TOC's applications. This allows applications to be
installed directly onto the FRC-5000, and viewed on the display wall. As part of the
integration, Econolite will install the icons workstation software on the wall controller so
that it can operate as a full icons workstation.
The display wall controller allows multiple projection displays to act as one single display.
Applications are therefore displayed on the display modules through the network.
Features of the display wall controller offer:
- Sum of resolutions of multiple screens
- Network connectivity offers unlimited expandability of
- The ability to control applications from multiple operab
- More real estate to show applications
- The ability to visualize a larger map area without losin
In addition to being able to display data applications, the FRC-5000 processor is able to
display analog video sources. Either composite or S-Video sources can be displayed
within an application window that is movable and sizable around the display wall.
Actual size and placement of the video windows is based on the type of video input card
and the amount of video inputs running at the same time.
Display Wall Controller Configuration
Z
VIDEO WALL PROJECT SYSTEM
a. Projection System consisting of:
8 — 50" XGA 1-Chip DLP Projector
8 — 50" High Contrast Screen
2 — CX50 User's Kit
8 —New 100w Lamps
Custom Base for Christie Cubes
b. Wall Controller consisting of
1 — FRC-5000 Display Wall Controller
1 — VideoMax
1 — RGBMaster
c. Playback System consisting of
1 —'/z" VHS VCR
1 — DVD Player
1 — Rack Shelves for DVD, VCR
d. Computer Interface System consisting of
2 — RGB 160xi Interfaces
2 — VGA Cables w/Audio
1 — Crosspoint 12x8 Router
e. Audio System consisting of-
4 — 8 ohm Ceiling Speakers
2 — 20w per ch. Stereo Power Amplifier
2 — Signal Processors
f. Control System consisting of-
1 — Control Frame
1 — 12" Desktop Color Control Panel
1 — Video Card for TP
1 — RGB Card for TP
2 — Volume Control Boxes
1 — Video Sync Sensor
2 — Rack Kit for ST Boxes
1 — Power Supply
1 — TV/AM/FM/Weather Net Box
1 — Dual Serial Port Net Box
g. 2 year Rapid Resolve Onsite Service Plan for video display system
TOTAL: VIDEO WALL PROJECT SYSTEM COST $ 3585240.00
2 CCTV SYSTEM INTERFACE to icons including:
2
The: FRC-5000 graphical controller will be configured with four (4) Full -Color output cards,
two (2) outputs per card, (total of 8 outputs) that connect to the eight (8) RGB inputs on
the 50 inch projection modules. This graphical controller will also include one (1)
VideoMAX card (16 video inputs per card). A total of sixteen (16) video windows will be
able: to be displayed on the video wall simultaneously. Each of these video windows will
be able to be sized to approximately 300x220 pixels each.
The FRC-5000 will also include one (1) RGBMASTER input module. The dual RGB
input RGBMaster card displays computer monitor type signals up to maximum
resolutions of 1280 x 1024 pixels to be displayed in a single window on the video wall.
Each of these RGB windows are freely scalable and movable on the display wall. The
RGBMASTER inputs will be supported with Extron RGB interfaces to allow converting
the SVGA output of the two (2) icons workstations in the TOC to RGB signals. These will
be controlled and routed to the display controller via an Extron RGB Router/Switch.
Integrated Wall Management Software Overview
A GUI based application package, called the Integrated Wall Management Software will
be included with the FRC-5000 display wall controller. Christie Digital developed this
wall manager software package to provide the ability to easily create shortcuts called
"hot -keys" for video and RGB window recall. The Wall Management Software also
allows the management of launching and positioning video and RGB windows across
the display wall, the design of various layouts through a user friendly GUI and the saving
of layouts in a "hot -key' format for future use. Also included in this powerful tool is the
ability to interact with other types of control systems (Crestron) to help in the
management of the display wall. This permits use of a touch panel to have preset
layouts, pre -designed and saved for one -touch wall layouts. Also included in the
package is RemoteMASTER a remote keyboard/mouse capability that allows up to five
(5) LAN connected operators in the TOC to access direct control of the video wall
through user/password log -ins. The RemoteMASTER tool allows each operator to take
control of the applications on the display wall. This software allows the operator to click
into a menu box and have their mouse and keyboard automatically switched over to the
display wall. This acts as if the local operator's keyboard and mouse are physically
connected to the network connected display wall controller.
Graphical Controller Drivers
The graphical display wall controller will be preconfigured with Microsoft Windows
2000Tm and all the Christie video display drivers for the following cards:
• Full- Color Analog output cards
• Analog Video Input cards
• Analog RGB Input cards
20
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Block Diagram: Main Display Wall Graphical Controller with Video, RGB and Network connections
Mlrsur 0�■tr�l Sysu� C�NN■ntl��
Control of the video display system components (video wall, video and audio elements,
etc.) will be through a master control system. The master control system is designed
around a Crestron PR02 controller. This device utilizes the Crestron Cresnet
proprietary buss to talk to all of the Crestron devices and standard Serial, Contact
Closure and IR interfaces to all other devices in the video display system.
The user interface for the master control system will be provided by a Crestron TPS-
5000 Color 12 inch Touch Panel. This Touch Panel provides for all user control
interface via pop up pages as well as Video, RGBHV windows and Stereo Audio
playback. Any signal being routed to the Display Wall can be previewed on the Touch
Panel prior to sending to the display. The Touch Panel will be located on the exiting
TOC; console for easy access by any of the operators working at the console.
The Video Display System will also include an integrated Crestron ST-TUNE receiver.
This unit is a Cresnet compatible device and that provides tuning of TV, AM, FM and the
21
Weather channel signals. The unit can decode both Cable and Off Air signals. These
signals can then be routed to the video and audio portions of the display system.
Connections to appropriate antennas or Cable TV connections for television and radio
signals are the responsibility of the City of Fort Collins staff.
Econolite and MCSi will also install a Crestron ST-COM box at the FRC-5000 controller.
Volume control for the two (2) audio zones will be accomplished via the ST-VC boxes.
RGI Shad■ 0■■i IMde■
As noted above, two (2) Extron RGB interface units will be installed at the two (2)
existing icons workstations on the TOC console. The outputs of the interfaces will be fed
to an Extron Crosspoint 12x8 Matrix Switcher. The FRC-5000 will pull applications from
the traffic management system network directly so no interfacing is required for
applications that can run directly on the display wall controller.
Outputs from the RBG matrix router will support following display systems:
Main Display Wall — (2) RGBHV Outputs and (2) Video Outputs
Audio Playback — (2) Zones of Playback Audio
Touch Panel — (1) RGBHV Output, (1) Video Output and (1) Stereo Audio Output
Angie RIANek SIME CINUr■u•■
An audio system with two (2) zones of audio playback will be included as part of the
video display system. To accomplish this, a pair of JBL Control 26C speakers will be
installed in the base of the Main Display Wall and a second pair of JBL speakers will be
installed at the rear of the control room in the soffit area. Each zone will have its own
signal processing and amplification. Volume control will be accomplished via the
Crestron TPS-5000 Touch Panel located on the operator control console.
22
MII 118118y System cuft us
The: following diagram gives an overall view of each of the elements of the Video Display
System and how they interact.
VIDEO SWITCHER
VCR
em "9I0 IMIM080
MAIN DISPLAY WALL
2x4 ARRAY OF 50' CUBES
-- _' I VIDEO WALL PROCESSOR
RGB SWITCHER
PROVIDED BY CITY
DVD =L ST-TUNE
ICONS
WORKSTATION #1
E
AUDIO SWITCHER AMPLIFIER
CRESTRON
CONTROLSYSTEM
Video Display System Configuration
WO-'R���LKgjSTATION #2
SPEAKERS
As part of this project, Econolite will assist the City in the integration of City supplied
Panasonic CCTV equipment into the existing icons Advanced Traffic Management
System. This will include installation of the icons CCTV Module purchased by the City as
part of the first phase of the traffic management system. Econolite will supply all of the
necessary TOC equipment to interface up to eight (8) CCTV cameras (Panasonic WV-
CS854A) and a video switch (Panasonic SX850). The City of Fort Collins will provide
the necessary video transmitters, interface panels, etc needed for the field equipment.
Video will be routed from the video switch to the inputs of the video display system as
noted above and to the two (2) icons workstations located at the TOC console. These
workstations will be upgraded to include a WinTV Go video digitizer to allow displaying
the selected CCTV camera in a Window on the workstation monitor. The other icons
23
workstations currently included as part of the traffic management system can be
upgraded to include the ability to display video if the City installs the appropriate cabling
to route video to these workstations. Econolite will also assist the City in the installation
of the CCTV field equipment as needed. Installation, integration, set-up and training of
the City supplied Panasonic CCTV equipment is the responsibility of others.
Ir
Video
pre
Conbol
CCTV Camara CCTV t
�5 Video
PTZ
Con ml
CCTV 8
CCTV Camra
S.m■ iniews t em
Field Equipment
Provided by City
Fiber Optic
vidwidata
transmitter
Fiber Optic
vidwidata
transmitter
Traffic Operations
Center
Cih*nE�`
Video Display
Videoffida Receivers system
System
Provided by TOC Workstations(2)
City
CCTV System Configuration
Econolite and MCSi will provide a turnkey audiovisual system, including equipment,
design, engineering, project management, materials, testing, training and warranty.
Installation includes labor and hardware for display, audio, video, control system; related
equipment rack, equipment mounting, plates, panels, connectors, cables and etc. (see
Appendix for Equipment Listing and Data Sheets)
Application Engineering:
• Preparation of system functional interconnection diagrams and system function.
• Development of Touch Panel pages and User Interface
Project Management:
• Meetings with the City of Fort Collins technical and contract representatives and
resolution of questions or issues outstanding
• Coordinate construction observation, system implementation monitoring and
;submittal review with the City of Fort Collins
• Develop project schedule and oversight of the Econolite and MCSi team
• Stage equipment and materials off site
• Submit users manuals of all equipment documentation
• Supervise end -user training on systems operation
24
• Facilitate completion of final punch list items.
• Assure that the finished system meets the design criteria and functions per the
developed concept.
• Provide end -user training on proper operation of system
Project Labor:
• Pulling and bundling cables with -in the TOC control room
• Labeling all cable with -in the room
• Terminating all cable with -in room
• Mounting and terminating all wall plates, terminating wiring
• Installing structural systems for audiovisual equipment
• Site clean up, disposal of trash and etc.
• System burn -in
Preliminary Implementation Schedule For Video Display System
We anticipate completion of the project based on the following schedule:
Action Item
Week # Time
Receipt of Authorization to Proceed
1
1 day
Order Entry / Project Creation
1 to 2
10 days
System Documentation — Release for Construction
2 to 3
5 to 7 days
Equipment Receiving and Staging
4 to 5
10 days
Initial On -Site Coordination
6
2 to 3 days
Initial Cable Pulls
7
5 to 7 days
Installation of AN Wire Tray System
7
1 day
Ship System
7
5 days
Fabrication and Inspection of Display Wall Support
Structure
7
45 days
Rack Fabrication — City Facility
7
7 days
Delivery of Equipment
8
2 days
Installation of Display Support Structure
9
5 days
Installation of Display Wall and Processor Software
10 to 11
10 days
Software Download and Debug
12
5 days
System Testing
12
4 days
Substantial Completion
13
5 days
Punch List Completion
14
5 days
Final Acceptance
15
Training
Training will be included for both the video display system and icons CCTV Module.
The training for the video display system will include one 6-hour class. Class size
should support eight (8) city employees. The project manager will pre -arrange all
25
classes. The class format will include hard copy educational materials and a CD-ROM.
The: instructor will cover the following system items:
• Identifying System Components
• Changing the Power Supply
• Changing Lamps
• Changing Dust Filters
• Creating Wall Layouts
• Creating Scenarios within The Wall Manager Software
Training for the icons CCTV Module will include one 6-hour class. This class will
familiarize the system operators on the features, user interface, and
setup/configuration/administration of the icons CCTV Module and CCTV communications
system.
Wume
Workmanship
Econolite and MCSi warrants the video display system to be free from defects in
workmanship (i.e. cables, connections, and structures) for a period of one (1) year from
the date of acceptance or first beneficial use, whichever occurs first. MCSi will handle
warranty service for such defects on -site in a reasonable and timely manner from the
time: of notification to MCSi offices in Denver, CO.
Manufacturers
Manufacturer's equipment warranties are of varying lengths (usually one (1) year or -
more). Econolite and MCSi warrants this equipment for the term established by the
manufacturer on a depot basis only. The City of Fort Collins must deliver the
manufacturer's warranty repair equipment to Econolite (CCTV communications
equipment) or MCSi Denver, CO (video display system equipment) as appropriate. This
warranty does not apply to any product that has been subject to misuse, neglect,
accident or operational error.
Video Display System Rapid Response On -Site Service Agreement
An optional Service Agreement for the video display system has been included as part of
this proposal. The duration of this agreement is two (2) years from the date of
acceptance or first beneficial use (effectively extending the covered period by 12 months
beyond the warranty noted above). This Service Agreement will cover all equipment
installed, cables, connections, and structures that are part of video display system
covered in this document. The Service Agreeemnt also includes a two (2) year supply of
lamps and filters for the projection engines. This will provide the City of Ft. Collins with
two (2) years of minimal to no out-of-pocket cost.
THIS VIDEO DISPLAY SYSTEM SERVICE PACKAGE INCLUDES THE FOLLOWING
SERVICES:
• Priority Service Status
• Unlimited Telephone Support via MCSi's exclusive 800 number
• Parts repair, or replacement, during the Service Agreement period
• On -site labor with a 12 business hours response time, Monday through
Friday, 8:00 AM to 5:00 PM
• Four (4) preventative maintenance visits per calendar year
26
This package provides the following benefits:
• Comfort that our expert service staff backs this integrated system for two years
• The convenience of calling ONE Company to handle all service and support
requirements
• The ability to budget your service and support and pay one fixed price
• This price includes all parts and services required for the maintenance of the
system during the period of the agreement
BICLISIONS
The following work is not included in our scope of work unless specified elsewhere:
• All conduit, high voltage wiring panels, breakers, relays, junction boxes, receptacles,
etc. The City is responsible for installation of a power distribution panel with
appropriate capacity to serve the video display system. Location and rating of the
power service will be coordinated with the City and Econolite/MCSi staff.
• Concrete saw cutting and / or core drilling. Fire wall, ceiling, and roof and floor
penetration
• Permits (unless specifically provided for elsewhere in the contract)
• HVAC and plumbing relocation
• Lighting and Lighting Control
• Installation of cables between the TOC console and existing server racks.
• 'We have assumed that the existing conduit to the TOC console is adequate to
contain the new cables that will need to be installed. The City will be responsible for
nstallation of additional conduit if needed.
Econolite and MCSi's experience and resources will be fully committed to
comnplete this project on time and within budget. We appreciate the opportunity to
submit this plan set for Project AQC M455-064 (14446) and look forward to working
with the City of Fort Collins on this important enhancement to the City's Advanced
Traffic Management System.
27
r1
A RI" i('1 •
Appendix
Appendix Table of Contents
• Video Display System Configuration Line Drawing
• Video Display System Structure Drawing
• CCTV System Configuration Line Drawing
• Hardware Equipment List
• Supporting Material and Data Sheet
L-4 -11,04, a' � 0
�1- 1 mcst*
Media Consultants - Systems Integrators
MAIN DISPLAY WALL
2x4 ARRAY OF 5V CUBES
VIDEO SWITCHER E— rv,..w. cc ie
----"" PROVIDED BY CITY
_ui omw
VCR r---1 ---1 DVD r-- ST-TUNE
VIDEO WALL PROCESSOR
RGB SWITCHER
7�a
WORKSTATION#1
i t
WORKSTATION#2 i
��.,
AUDIO SWITCHER AMPLIFIER
SPEAKERS
.... ..__.
_...
12"
TOUCH PANEL
CRESTRON
CONTROL SYSTEM
Video Display System Configuration
a. TOC CCTV equipment consisting of.-
4 — WinTV Go Cards
2 — R3 Modem Rack
6 — Video/Data Receiver
8 — SM F/O Patch Cord, 15 Ft.
8 — Coax Cable — Recvr to Switch — 10 feet
2 — Coax Cable — Switch to Workstation — 50 feet
1 — Switch Ctrl Serial Cable — Custom
8 — Switch to PTZ Ctrl — Data Cable — Custom
1 — icons workstation software license
TOTAL: CCTV SYSTEM INTERFACE TO ICONS
3 Onsite installation/integration/test and documentation
TOTAL: ONSITE INSTALLATION/INTEGRATION/TEST AND DOCUMENTATION
TOTAL: PERFORMANCE BOND
TOTAL PRICE FOR VIDEO WALL PROJECT:
2. DELIVERY SCHEDULES
$ 26,255.00
$ 28,100.00
$ N/C
$ 4289875.00
A complete Project Timeline is attached as Exhibit B. All equipment will be shipped
F.O.B. Fort Collins, Colorado.
3. PAYMENT TERMS
Payment by FORT COLLINS to ECONOLITE shall be made in accordance with the
deliverables provided. Payment terms are as follows:
Mobilization fee: $128,665.00 (represents initial 30% -- for cost of equipment,
materials, supplies and initial service mobilization). Fee to be invoiced to
FORT COLLINS immediately after Agreement is signed and shall be paid
to ECONOLITE within 30 days of receipt of proper invoice.
Shipment of equipment: $150,105.00 (represents completion of 35% of total
services). Fee to be invoiced to FORT COLLINS after Video Wall
equipment is shipped and shall be paid to ECONOLITE within 30 days of
receipt of proper invoice.
Installation and test: $128,665.00 (represents completion of 30% of total
services). Fee to be invoiced to FORT COLLINS after installation and test
are complete and shall be paid to ECONOLITE within 30 days of receipt of
proper invoice.
3
Field Equipment
Provided by City
Video
A
PTZ
Control
Fiber Optic
CCTV Cmem CCN1 vtdeoldate
trnamittar
I
Video
PTZ
Control
Fiber Optic
CCTV videotrans t
CCTV or Camara transmitter
Traffic Operations
Center AM-'MR�
citvos`rort�s
Video Display
Vldeol0ata Receiver System
System
Provided by TOC Workstations I])
City
CCTV System Configuration
Nardware Equipment List
Projection System consisting of:
8 - 50" XGA 1-Chip DLP
Projector Christie
8 - 50" High Contrast Screen Christie
2 - CX50 User's Kit Christie
8 - New 100w Lamps Christie
Custom Base for Christie Cubes Draper/Able
Wall Controller consisting of
1 - FRC-5000 Display Wall
Controller Christie
1 - VideoMax Christie
1 - RGBMaster Christie
Playback System consisting of:
1 - 1/2" VHS VCR Mitsibishi
1 - DVD Player Mitsibishi
1 - Rack Shelves for DVD, VCR MAP
Computer Interface System consisting of:
2 - RGB 160xi Interfaces Extron
2 - VGA Cables w/ Audio Extron
1 - Crosspoint 12x8 Router Extron
Audio System consisting of:
4 - 8 ohm Ceiling Speakers JBL
2 - 20w per ch. Stereo Power
Amplifier Symetrix
2 - Signal Processors Biamp
Control System consisting of:
1 - Control Frame Crestron
1 - 12"Desktop Color Control
Panel Crestron
1 - Video Card for TP Crestron
1 - RGB Card for TP Crestron
2 - Volume Control Boxes Crestron
2
1 - Video Sync Sensor Crestron
2 - Rack Kit for ST Boxes Crestron
1 - Power Supply Crestron
1 - TV/AM/FM/Weather Net Box Crestron
1 - Dual Serial Port Net Box Crestron
TOC CCTV equipment consisting of:
4 - WinTV Go Cards
Hauppauge
2 - R3 Modem Rack IFS
8 - Video/Data Receiver IFS
8 - SM F/O Patch Cord, 15 Ft.
8 - Coax Cable- Recvr to Switch - 10 feet
2 - Coax Cable - Switch to Workstation - 50 feet
1 - Switch Ctrl Serial Cable - Custom
8 - Switch to PTZ Ctrl - Data Cable — Custom
1- icons workstation software license
3
Network Domain Server
PowerEdge 2550
Additional Processors
Memory
Keyboard
Monitor
1" Hard Drive
Primary Controller
Diskette Drive
Operating System
Mouse
First and Second Network
Adapter
Internal Tape Backup Unit
CDROM or DVD ROM
Hard Drive Backplane
Documentation
2°° Hard Drive
Tape Backup Software
Hard Drive Configuration
Chassis Configuration
Hardware Support Service
Installation Services
3'd Hard Drive
Power Supply Kits
PowerEdge 2550, Intel Pentium III, 1.26GHz w/512K Cache
Single Processor
512MB SDRAM, 133MHz, 2X2568MB DIMMs
Standard Windows Keyboard, Gray
Dell E551115in (I3.8in Viewable), Gray Monitor
36GB 1 Ultra3 (Ultra 160) SCSI 1 OK RPM Hot Plug Hard Drive
PERC3/DC-Dual Channel Add -in RAID Card 128 MB Cache (1-
Int/1 EXT Channel)
1.44MB Diskette Drive
MS Windows NT 4.0, Configured as a Primary Domain
Controller
Microsoft System Mouse, Gray
One integrated 10/100 and one integrated 10/100/1000 NICs
INTERNAL 20/40GB DDS-4 Tape Drive w/39160 SCSI
CONTROLLER
8X IDE Internal DVD ROM Drive
4 Bay (lx4) Hot Plug Hard Drive Backplane
Electronic Documentation, Users/Installation/Trouble Guide on
CD
36GB 1 Ultra3 (Ultra 160) SCSI 1 OK RPM Hot Plug Hard Drive
CA Areserve Professional
On -Board SCSI, Drives 1-5 connected to on -board SCSI
Rapid -Install Rack Rails Shipped with Server
No Installation
36GB 1 Ultra3 (Ultra 160) SCSI 1 OK RPM Hot Plug Hard Drive
Single Non -redundant 330 Watt Power Supply
4
Communication Server
PowerEdge 2550
Additional Processors
Memory
Keyboard
Monitor
1st Hard Drive
Primary Controller
Diskette Drive
Operating System
Mouse
First and Second Network
Adapter
CDROM or DVD ROM
Hard Drive Backplane
Documentation
2D° Hard Drive
Hard Drive Configuration
Chassis Configuration
Hardware Support Service
Installation Services
3`Q Hard Drive
Power Supply Kits
PowerEdge 2550, Intel Pentium III, 1.26GHz w/512K Cache
Single Processor
512MB SDRAM, 133MHz, 2X2568MB DIMMs
Standard Windows Keyboard, Gray
Dell E551, 15in (13.8in Viewable), Gray Monitor
18GB 1 Ultra3 (Ultra 160) SCSI 1 OK RPM Hot Plug Hard Drive
PERC3/DC-Dual Channel Add -in RAID Card 128 MB Cache (1-
Int/1 EXT Channel)
1.44MB Diskette Drive
MS Windows NT 4.0, Configured as a Backup Domain
Controller
Microsoft System Mouse, Gray
One integrated 10/100 and one integrated 10/100/1000 NICs
8X IDE Internal DVD ROM Drive
4 Bay (lx4) Hot Plug Hard Drive Backplane
Electronic Documentation, Users/Installation/Trouble Guide on
CD
18GB 1 Ultra3 (Ultra 160) SCSI 1 OK RPM Hot Plug Hard Drive
On -Board SCSI, Drives 1-5 connected to on -board SCSI
Rapid -Install Rack Rails Shipped with Server
No Installation
18GB 1 Ultra3 (Ultra 160) SCSI 1 OK RPM Hot Plug Hard Drive
Single Non -redundant 330 Watt Power Supply
5
Operator Interface
Dell Dimension 4300
Dimension® 4300 Series, Pentium® 4 Processor at 1.6 GHz
Series
Memory
512MB SDRAM, 2 DIMMS
Keyboard
Dell® Enhanced Performance USB Keyboard
Monitor
17in (16.Oin viewable, 25MM) M782 Monitor
Video Card
64MB NVIDIA GeForce2 MX Graphics Card w/ TV -Out
Hard Drive
40GB Ultra ATA/100 720ORPM Hard Drive
Floppy Drive
3.5in Floppy Drive
Operating System
Microsoft® Windows® 2000 Professional
Mouse
Microsoft® Intellimouse® Explorer
Network Card
10/100 PCI Fast Ethernet NIC
Modem
56K PCI Data Fax Modem for Windows
DVD ROM or CD-ROM
16X Max Variable DVD-Rom Drive
Drive
Sound Card
SB Live! Digital Sound card
Speakers
Harman Kardon Speakers
Modems
The moderns used to support maintenance activities will be from US Robotics and support the following
specifications.
Operating Systems
Modem is compatible with Windows XP, Windows NT 4.0, Windows 2000, Windows ME, Windows
98, Windows 95, Windows 3.1, Linux and DOS.
Includes NEW V.92 56K ITU standard and V.90 standard.
Standards and Protocols Supported
■ V.92 56K ITU standard
■ V.90 65K ITU standard
■ V.34 33.6 Kbps ITU standard
■ Compatible with ITU and Bell standards from 56 Kbps to 1200 bps
■ V.42/MNP 2-4 error control, V.42 bis/MNP 5 data compression
■ Fax: Class 1 and 2.0 Group III 14.4 Kbps send and receive
Dimensions
■ 6.5" wide, 3.75" deep
■ 1.5" high
Model Numbers — USR5686D
Commercial Software
■ Symantec GHOST
■ Symantec pcAnywhere
■ Autodesk AutoCAD LT
■ Sybase SQL Server
Miscellaneous Equipment
■ Remote Access Server
■ Router
■ Network Hub
■ Uninterruptible Power Supply
■ Printer
■ Miscellaneous Cables
Remote Access Server
■ Three integrated V.90/56K modems for Dial -up access
■ Dial -out client support on IP/IPX networks using Windows 95/98/Me/2000/NT
■ Industry -standard PPP/SLIP client support, as in Windows 95/98/Me/2000/NT
■ 1 OMB Ethernet connectivity to IP/IPX LANs
■ 6.2" wide, 9.0" deep
■ 1.41i' high
Model Number — MTASR3-200
Router
The router will be a Cisco 2501 as described in the RFP response.
Network Nub
Network connectivity will be provided using a CISCO Catalyst 2950 Switch. The switch has the
following specifications:
■ 24 10/100 prots for RJ-45 connectors
■ Two fixed GBIC-based 1000BaseX uplink ports
Dimensions
■ 17.5" wide, 9.52" deep
■ 1.72" high
Uninterruptible Power Supply
7
The input plug for the rack mount UPS is a NEMA L5-30P connector
■ Item: Smart UPS 2200 RM 5U XI
■ Part Number: SU2200RMXLNET
■ Description: APC Smart -UPS, 2200VA/1600W, Input 120V/Output 120V, Interface Port DB-9
RS-232, Smart -Slot card
■ General Features: Extendable run time, Hot swap batteries, Intelligent battery management,
Overload indicator, Rack mount, Replace batt indicator, SmartSlot, Software, Automatic voltage
regulation (AVR), User replaceable batteries
The workstations will be support be Back -UPS CS 350VA.
Printer
The printer will be an HP LaserJet 1200N and has the following specifications:
■ Black and white print quality, 1200x1200 dpi
■ Print speed 15 pages per minute
■ Network ready
Dimensions
■ 16.3" wide, 19.2" deep
■ 10" high
N.
EXHIBIT B
PROJECT SCHEDULE
ID
0
Task Name
Duration
Start
June July Au ust September October November December J
5 611 1618 /15 /22 129 7/6 /13 /20 /27 8/3 /10 A7
24 131 I 9R /14 /21 281015 0/1 0/1 0/2 11211/9 1/1 1/2 1/3 1217 2/1 1212 1212
1
0
u
3
Econolits - Action Items
Receipt of Owner Authorization to Proceed
Order Entry in MCSi System/Project Creation
system Documentation - Release for Construction
Equipment Receiving and Staging
Initial On -Site Coordination
Initial Cable Pulls
Installation of AN Wire Tray System
Ship System
Fabrication and Inspection of Display Wall Support Struc
Rack Fabrication - City Facility
Delivery of Equipment
Installation of Display Support Structure
Installation of Display Wall and Processor Software
Software Download and Debug
System Testing
Substantial Completion
Punch list Completion
Final Acceptance
6-hour Training
133 days Tue 5/27I03
1 day Tue 527103
10 days Wed 528/03
7 do :".red 6,111M'
10 days Fri 620/03
3days Mon 717103
7 days Thu 7/10/03
1 day Mon 721/03
5days Tue 722/03
45 days Tue 729/03
7 days Wed 10/1/03
2 days Fri 10110/03
5 days Tue 10/14/03
10 days Tue 1021/03
5 days Tue 11/4103
4 days Tue 11/11/03
5 days Mon 11/17/03
5 days Mon 1124/03
0 days Tue 122103
1 day Wed 1213/03
SI,ECPI
MCSI,ECPI
MwI,E r,
I,ECPI
:: MC8I,ECPI
CSI,ECPI
SI,ECPI
;E9 MC3I,11l
SI,ECPI
I,ECPI
SI,ECPI
I,ECPI
SI,ECPI
81,ECP1
SI,ECPI
I,ECPI
CSI,ECPI
1212
MCS6ECPI
2
3
e
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Project Fort Collins, CO video wall proje
Date: Thu 529103
Task
Split
Progress
Milestone
Summary
Rolled Up Task
Rolled Up Split
Rolled Up Milestone
^ Rolled Up Progress
External Tasks 0
Project Summary ^
E)demal Milestone
Deadline
Page 1
Final acceptance: $21,440.00 (intended to represent the remaining final 5% of
total services). Fee to be invoiced to FORT COLLINS after acceptance
testing has been completed and shall be paid to ECONOLITE within 30
days of receipt of proper invoice.
ECONOLITE shall not be liable for delays in delivery or in performance or failure to
manufacture or deliver, due to (1) causes which are unavoidable or beyond its reasonable
control with approval by FORT COLLINS, or (2) acts of God, acts of FORT COLLINS, acts of
civil or military authority, priorities, fires, strikes or other labor disturbances, floods, epidemics,
war, riot, delays in transportation or car shortages, or (3) inability on account of causes beyond
its reasonable control to obtain necessary labor, materials, components or manufacturing
facilities with approval by FORT COLLINS. In the event of any such delay, the date of
delivery or of performance shall be extended for a period equal to the time lost by reason of the
delay. [f the delay is due to causes other than attributable to FORT COLLINS, and is such that
the delivery of services voids the essential time frame for this contract, FORT COLLINS may
cancel this contract upon written notice.
This AGREEMENT is made subject to any federal, state or local allocations, priorities,
restrictions or regulations now or hereafter in effect; or allocations imposed upon ECONOLITE
by ECONOLITE'S suppliers or for delays caused by failure of its supplier to deliver parts to
ECONOLITE.
The compensation set forth in this paragraph shall be the total compensation for
hardware, software and services provided by ECONOLITE, including all out of pocket
expenses incurred. FORT COLLINS shall not pay fees in addition to the compensation listed in
this paragraph unless otherwise agreed to in writing by FORT COLLINS and ECONOLITE.
4. PAYMENTS EARNED, DEFAULT AND REMEDIES
FORT COLLINS acknowledges that the rights of ECONOLITE in and to the
consideration payable by FORT COLLINS under Section 2 are absolute and unconditional upon
satisfactory completion of the discrete tasks set out in Section 1. of this Agreement,
notwithstanding that the payment dates may be set at a time later in the future than the
performance date.
In the event either party should fail or refuse to perform according to the terms of this
agreement, such party may be declared in default thereof.
In the event a party has been declared in default, such defaulting party shall be allowed a
period of ten (10) days within which to cure said default. In the event the default remains
uncorrected, the party declaring default may elect to:
a. Terminate the Agreement and seek damages;
b. Treat the Agreement as continuing and require specific performance; or
c. Avail itself of any other remedy at law or equity. If the non -defaulting party
commences legal or equitable actions against the defaulting party, the defaulting
party shall be liable to the non -defaulting party for the non -defaulting party's
reasonable attorney fees and costs incurred because of the default.
4
Microsoft Project Exported Information
Page I of 4
[qD
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file://C:\WINDOWS\Tem...\Fort Collinsofficialvideo wall project schedule 29 May 2003.htm 5/29/03
Microsoft Project Exported Information
Page 2 of 4
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file://C:\WINDOWS\Tern... Tort Collins official video wall project schedule 29 May 2003.htm 5/29/03
Microsoft Project Exported Information
Page 3 of 4
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file://C:\WINDOWS\Tem ... \Fort Collinsofficialvideo wall project schedule 29 May 2003.htm 5/29/03
Microsoft Project Exported Information
Page 4 of 4
Installation of
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Support
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Microsoft Project' -lame Page
file://C:\WrNDOWS\Tem ... Tort Collinsofficialvideo wall project schedule 29 May 2003.htm 5/29/03
July 21, 1999
ATTACHMENT "I"
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As
described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the
Contract and are to be included in all subcontracts.
11
July 21, 1999
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 Electronic version —March 10, 1994
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Page
I.
General.........................................................1
Il.
Nondiscrimination............................................1
III.
Nonsegrated Facilities......................................3
IV.
Payment of Predetermined Minimum Wage .......... 3
V.
Statements and Payrolls...................................6
VI.
Record of Materials, Supplies, and Labor.............6
VII. GeneralSubletting or Assigning the
Contract ......... 7
VIII. Safety: Accident
Prevention ............................... 7
IX.
False Statements Concerning Highway Projects. ..7
X.
Implementation of Clean Air Act and Federal
Water (Pollution Control Act................................8
XI.
Certification Regarding Debarment, Suspension......
Ineligibility, and Voluntary Exclusion..................8
XII. Certification Regarding Use of Contract Funds
for...
Lobbying......................................................9
ATTACHMENTS
A. Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
JKe1=I:1=I:71a
1. These contract provisions shall apply to all work performed on
the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superin-
tendence and to all work performed on the contract by piecework,
station work, or by subcontract.
2. Except as otherwise provided for in each section, the contrac-
tor shall insert in each subcontract all of the stipulations contained
in these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may
in turn be made. The Required Contract Provisions shall not be
incorporated by reference in any case. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required
Contract Provisions shall be sufficient grounds for termination of
the contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of
Section IV (except paragraph 5) and Section V of these Required
Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accor-
dance with the procedures of the U.S. Department of Labor (DOL)
as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of
this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the DOL, or the
contractor's employees or their representatives.
6. Selection of Labor: During the performance of this contract,
the contractor shall not:
a. discriminate against labor from any other State, possession,
or territory of the United States (except for employment
preference for Appalachian contracts, when applicable, as
specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supervised release, or probation.
NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth under
laws, executive orders, rules, regulations (28 CFR 35, 29 CFR
1630 and 41 CFR 60) and orders of the Secretary of Labor as
modified by the provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute the EEO and specific
affirmative action standards for the contractor's project activities
under this contract. The Equal Opportunity Construction Contract
Specifications set forth under 41 CFR 60-4.3 and the provisions of
the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by
reference in this contract. In the execution of this contract, the
contractor agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the State highway agency
(SHA) and the Federal Government in carrying out EEO obliga-
tions and in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
color, national origin, age or disability. Such action shall
include: 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,
preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known
to the SHA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering
and promoting an active contractor program of EEO and who
must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and dis-
charge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant
of, and will implement, the contractor's EEO policy and contractu-
al responsibilities to provide EEO in each grade and classification
of employment. To ensure that the above agreement will be met,
the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months, at which time the contract-
or's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractor's EEO obligations within thirty
days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employ-
ees by meant; of meetings, employee handbooks, or other
appropriate means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minority
groups in the area from which the project work force would
normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield
qualified minority group applicants. To meet this requirement, the
contractor will identify sources of potential minority group
employees, and establish with such identified sources procedures
whereby minority group applicants may be referred to the
contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to
observe the provisions of that agreement to the extent that the
system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of
such agreements have the effect of discriminating against
minorities or women, or obligates the contractor to do the same,
such implementation violates Executive Order 11246, as amend-
ed.)
c. The contractor will encourage his present employees to
refer minority group applicants for employment. Information and
procedures with regard to referring minority group applicants will
be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employ-
ee benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disabili-
ty. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do
not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with
his obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimina-
tion may affect persons other than the complainant, such correc-
tive action shall include such other persons. Upon completion of
each investigation, the contractor will inform every complainant of
all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e., appren-
ticeship, and on-the-job training programs for the geographical
area of contract performance. Where feasible, 25 percent of
apprentices or trainees in each occupation shall be in their first
year of apprenticeship or training. In the event a special provision
for training is provided under this contract, this subparagraph will
be superseded as indicated in the special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance require-
ments for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees and
will encourage eligible employees to apply for such training and
promotion.
7. Unions: If the contractor relies in whole or in part upon unions
as a source of employees, the contractor will use his/her best
efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions,
and to effect referrals by such unions of minority and female
employees. Actions by the contractor either directly or through a
contractor's association acting as agent will include the proce-
dures set forth below:
a. The contractor will use best efforts to develop, in coopera-
tion with the unions, joint training programs aimed toward qualify-
ing more minority group members and women for membership in
the unions and increasing the skills of minority group employees
and women so that they may qualify for higher paying employ-
ment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will
be contractually bound to refer applicants without regard to their
race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a
reasonable Flow of minority and women referrals within the time
limit set forth in the collective bargaining agreement, the
contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex,
national origin, age or disability; making full efforts to obtain
qualified and/or qualifiable minority group persons and women.
(The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement
providing for exclusive referral failed to refer minority employees.)
In the event the union referral practice prevents the contractor
from meeting the obligations pursuant to Executive Order 11246,
as amended, and these special provisions, such contractor shall
immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, national
origin, age or disability in the selection and retention of
subcontractors, including procurement of materials and leases of
equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 23, shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this
contract. The contractor will use his best efforts to solicit bids
from and to utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among their
employees. Contractors shall obtain lists of DBE construction
firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcon-
tractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be
available at reasonable times and places for inspection by autho-
rized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number of minority and non -minority group
members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment opportuni-
ties for minorities and women;
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female
employees; and
(4) The progress and efforts being made in securing the
services of DBE: subcontractors or subcontractors with meaningful
minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA
each July for the duration of the project, indicating the number of
minority, women, and non -minority group employees currently
engaged in each work classification required by the contract work.
This information is to be reported on Form FHWA-1391. If on -the
job training is tieing required by special provision, the contractor
will be required to collect and report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply agree-
ment or purchase order, as appropriate, the bidder, Federal -aid
construction contractor, subcontractor, material supplier, or
vendor, as appropriate, certifies that the firm does not maintain or
provide for its employees any segregated facilities at any of its
establishments, and that the firm does not permit its employees to
perform their services at any location, under its control, where
segregated facilities are maintained. The firm agrees that a
breach of this certification is a violation of the EEO provisions of
this contract. The firm further certifies that no employee will be
denied access to adequate facilities on the basis of sex or
disability.
b. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eating areas, timeclocks,
locker rooms, and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas, transpor-
tation, and housing facilities provided for employees which are
segregated by explicit directive, or are, in fact, segregated on the
basis of race, color, religion, national origin, age or disability,
because of habiit, local custom, or otherwise. The only exception
will be for the disabled when the demands for accessibility
override (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will
retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural minor collectors,
which are exempt.)
1. General:
a. All mechanics and laborers employed or working upon the
site of the work will be paid unconditionally and not less often than
once a week and without subsequent deduction or rebate on any
account [except such payroll deductions as are permitted by
regulations (29 CFR 3) issued by the Secretary of Labor under
the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and
bona fide fringe benefits (or cash equivalents thereof) due at time
of payment. The payment shall be computed at wage rates not
less than those contained in the wage determination of the
Secretary of Labor (hereinafter "the wage determination") which is
attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between
the contractor or its subcontractors and such laborers and
mechanics. The wage determination (including any additional
classifications and wage rates conformed under paragraph 2 of
this Section IV and the DOL poster (WH-1321) or Form FHWA-
1495) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers. For
the purpose of this Section, contributions made or costs reason-
ably anticipated for bona fide fringe benefits under Section 1(b)(2)
of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or
mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of Section IV, paragraph 3b,
hereof. Also, for the purpose of this Section, regular contributions
made or costs incurred for more
than a weekly period (but not less often than quarterly) under
plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid
the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5
of this Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that
the employer's payroll records accurately set forth the time spent
in each classification in which work is performed.
G. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorpo-
rated by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in
conformance with the wage determination.
b. The contracting officer shall approve an additional
classification, wage rate and fringe benefits only when the
following criteria have been met:
(1) the work to be performed by the additional classification
requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination; and
(4) with respect to helpers, when such a classification
prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the
laborers and mechanics (if known) to be employed in the addition-
al classification or their representatives, and the contracting
officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report
of the action taken shall be sent by the contracting officer to the
DOL, Administrator of the Wage and Hour Division, Employment
Standards Administration, Washington, D.C. 20210. The Wage
and Hour Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
d. In the event the contractor or subcontractors, as appro-
priate, the laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer
do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where
appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommenda-
tion of the contracting officer, to the Wage and Hour Administrator
for determination. Said Administrator, or an authorized represen-
tative, will issue a determination within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary
e. The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraph 2c or 2d of this Section IV shall
be paid to all workers performing work in the additional
classification from the first day on which work is performed in the
classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor or
subcontractors, as appropriate, shall either pay the benefit as
stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that the Secre-
tary of Labor has found, upon the written request of the contrac-
tor, that the applicable standards of the Davis -Bacon Act have
been met. The: Secretary of Labor may require the contractor to
set aside in a separate account assets for the meeting of
obligations under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and
Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment
and Training Administration, Bureau of Apprenticeship and
Training, or with a State apprenticeship agency recognized by the
Bureau, or if a person is employed in his/her first 90 days of
probationary employment as an apprentice in such an apprentice-
ship program, who is not individually registered in the program,
but who has been certified by the Bureau of Apprenticeship and
Training or a State apprenticeship agency (where appropriate) to
be eligible for probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeyman -level
employees on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any employee listed on
a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than
the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any appren-
tice performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work
actually performed. Where a contractor or subcontractor is
performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (ex-
pressed in percentages of the journeyman -level hourly rate)
specified in the contractor's or subcontractor's registered program
shall be observed.
(3) Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeyman -level
hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage determi-
nation
for the applicable classification. If the Administrator for the Wage
and Hour Division determines that a different practice prevails for
the applicable apprentice classification, fringes shall be paid in
accordance with that determination.
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor
or subcontractor will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate for the comparable
work performed by regular employees until an acceptable
program is approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evi-
denced by formal certification by the DOL, Employment and
Training Administration.
(2) The ratio of trainees to journeyman -level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Any
employee listed on the payroll at a trainee rate who is not regis-
tered and participating in a training plan approved by the Employ-
ment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classifica-
tion of work actually performed. In addition, any trainee perform-
ing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually
performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of progress,
expressed as a percentage of the journeyman -level hourly rate
5. SALES AND SIMILAR TAXES
ECONOLITE'S prices do not include sales, use, excise or similar taxes. Consequently,
in addition to the price specified herein, the amount of any present or future sales, use, excise, or
other tax applicable to the sale or use of the equipment hereunder shall be paid by FORT
COLLINS, or in lieu thereof FORT COLLINS shall provide ECONOLITE with a tax
exemption certificate acceptable to taxing authorities.
6. EARLY TERMINATION -- NOTICE
Notwithstanding the time periods contained herein, FORT COLLINS may terminate this
Agreement at any time without cause by providing written notice of termination to
ECONOLITE. Such notice shall be delivered at least thirty (30) days prior to the termination
date contained in said notice unless otherwise agreed in writing by the parties.
In the event of early termination by FORT COLLINS, ECONOLITE shall be paid for
services rendered to the date of termination, subject only to the satisfactory performance of
ECONOLITE's obligations under this Agreement. Such payment shall be ECONOLITE's sole
right and remedy for such termination. The amount of payment due on early termination shall
be determined based on the itemized prices in Article 1, above.
7. STANDARD WARRANTY
ECONOLITE warrants to FORT COLLINS that all software and equipment to be
delivered hereunder will be free from defects in material or workmanship and will be of the
kind and quality designated or specified by ECONOLITE herein. This warranty shall apply
only to defects appearing within one year from the date of shipment by ECONOLITE for
software products and two years from the date of shipment by ECONOLITE for hardware
products manufactured by ECONOLITE. All other equipment not manufactured by
ECONOLITE carries the manufacturer's standard warranty. If ECONOLITE installs the
ECONOLITE manufactured equipment or software or supplies technical directions of
installation by contract, the warranty period shall run from the completion of installation,
provided same is not unreasonably delayed by FORT COLLINS.
If the ECONOLITE manufactured equipment delivered hereunder does not meet the
above warranty, and if FORT COLLINS promptly notifies ECONOLITE in writing,
ECONOLITE shall thereupon correct any defect, including non-conformance with the
specifications, either (at its option) by repairing any defective or damaged parts of the
equipment, or by making available at ECONOLITE'S plant necessary replacement parts.
:FORT COLLINS will return the defective product to ECONOLITE, at ECONOLITE'S
expense:. ECONOLITE shall repair or replace the defective item and return it to FORT
COLLINS, shipping costs prepaid.
The foregoing warranty is exclusive and in lieu of all other warranties whether written,
oral, implied or statutory. NO WARRANTY OF MERCHANTABILITY OR OF FITNESS
E
specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprentice-
ship program associated with the corresponding journeyman -level
wage rate on the wage determination which provides for less than
full fringe benefits for apprentices, in which case such trainees
shall receive the same fringe benefits as apprentices.
(4) In the event the Employment and Training Adminis-
tration withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed
until an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance proce-
dure set forth in Section IV.2. Any worker listed on a payroll at a
helper wage rate, who is not a helper under a approved definition,
shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the Secretary
of Transportation as promoting EEO in connection with Federal -
aid highway construction programs are not subject to the require-
ments of paragraph 4 of this Section IV. The straight time hourly
wage rates for apprentices and trainees under such programs will
be established by the particular programs. The ratio of apprentic-
es and trainees to journeymen shall not be greater than permitted
by the terms of the particular program.
6. Withholding:
The SHA shall upon its own action or upon written request of
an authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under this contract
or any other Federal contract with the same prime contractor, or
any other Federally -assisted contract subject to Davis -Bacon
prevailing wage; requirements which is held by the same prime
contractor, as much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required
by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed
or working on the site of the work, all or part of the wages
required by the contract, the SHA contracting officer may, after
written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above)
shall require or permit any laborer, mechanic, watchman, or guard
in any workweek in which he/she is employed on such work, to
work in excess of 40 hours in such workweek unless such laborer,
mechanic, watchman, or guard receives compensation at a rate
not less than one -and -one-half times his/her basic rate of pay for
all hours worked in excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the
event of any violation of the clause set forth in paragraph 7 above,
the contractor and any subcontractor responsible thereof shall be
liable to the affected employee for his/her unpaid wages. In
addition, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such
territory) for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer, mechanic,
watchman, or guard employed in violation of the clause set forth
in paragraph 7, in the sum of $10 for each calendar day on which
such employee was required or permitted to work in excess of the
standard work week of 40 hours without payment of the overtime
wages required by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of
any authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account of work performed
by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other Federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth
in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural collectors, which
are exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the
course of the work and preserved for a period of 3 years from the
date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at
the site of the work.
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section 1(b)(2)(B)
of the Davis Bacon Act); daily and weekly number of hours
worked; deductions made; and actual wages paid. In addition, for
Appalachian contracts, the payroll records shall contain a notation
indicating whether the employee does, or does not, normally
reside in the labor area as defined in Attachment A, paragraph 1.
Whenever the Secretary of Labor, pursuant to Section IV,
paragraph 3b, has found that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in Section
1(b)(2)(B) of the Davis Bacon Act, the contractor and each
subcontractor shall maintain records which show that the commit-
ment to provide such benefits is enforceable, that the plan or
program is financially responsible, that the plan or program has
been communicated in writing to the laborers or mechanics
affected, and show the cost anticipated or the actual cost incurred
in providing benefits. Contractors or subcontractors employing
apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprentices and trainees,
and ratios and wage rates prescribed in the applicable programs.
c. Each contractor and subcontractor shall furnish, each week
in which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees (including
apprentices, trainees, and helpers, described in Section IV, para-
graphs 4 and 5, and watchmen and guards engaged on work
during the preceding weekly payroll period). The payroll submit-
ted shall set out accurately and completely all of the information
required to be maintained under paragraph 2b of this Section V.
This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal stock number
029-005-0014-1), U.S. Government Printing Office, Washington,
D.C. 20402. The prime contractor is responsible for the submis-
sion of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or subcon-
tractor or his/her agent who pays or supervises the payment of
the persons employed under the contract and shall certify the
following:
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this
Section V and that such information is correct and complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in the
Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less
that the applicable wage rate and fringe benefits or cash equiva-
lent for the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e. The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 shall
satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution under 18
U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for
inspection, copying, or transcription by authorized representatives
of the SHA, the FHWA, or the DOL, and shall permit such repre-
sentatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required
records or to make them available, the SHA, the FHWA, the DOL,
or all may, after written notice to the contractor, sponsor, appli-
cant, or owner, take such actions as may be necessary to cause
the suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal -aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed
on a force account or direct labor basis, highway beautification
contracts, and contracts for which the total final construction cost
for roadway and bridge is less than $1,000,000 (23 CFR 635) the
contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA-47, "Statement of Materials
and Labor Used by Contractor of Highway Construction Involving
Federal Funds," prior to the commencement of work under this
contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of
the quantities of those specific materials and supplies listed on
Form FHWA-47, and in the units shown on Form FHWA-47.
c. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA-47 together with the data
required in paragraph 1 b relative to materials and supplies, a final
labor summary of all contract work indicating the total hours
worked and the total amount earned.
2. At the prime contractor's option, either a single report covering
all contract work or separate reports for the contractor and for
each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater percent-
age if specified elsewhere in the contract) of the total original
contract price, excluding any specialty items designated by the
State. Specialty items may be performed by subcontract and the
amount of any such specialty items performed may be deducted
from the total original contract price before computing the amount
of work required to be performed by the contractor's own
organization (23 CFR 635).
a. "Its own organization" shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor, assignee, or agent of the prime
contractor.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or equipment
not ordinarily available in the type of contracting organizations
qualified and expected to bid on the contract as a whole and in
general are to be limited to minor components of the overall
contract.
2. The contract amount upon which the requirements set forth in
paragraph 1 of Section VII is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract require-
ments, and is in charge of all construction operations (regardless
of who performs the work) and (b) such other of its own
organizational resources (supervision, management, and
engineering services) as the SHA contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the SHA
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the contract.
Written consent will be given only after the SHA has assured that
each subcontract is evidenced in writing and that it contains all
pertinent provisions and requirements of the prime contract.
Vill. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide
all safeguards, safety devices and protective equipment and take
any other needed actions as it determines, or as the SHA
contracting officer may determine, to be reasonably necessary to
protect the life and health of employees on the job and the safety
of the public and to protect property in connection with the
performance of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters into pursuant to
this contract, that the contractor. and any subcontractor shall not
permit any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous
or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards
Act
(40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative thereof,
shall have right of entry to any site of contract performance to
inspect or investigate the matter of compliance with the construc-
tion safety and health standards and to carry out the duties of the
Secretary under Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal -aid
highway projects, it is essential that all persons concerned with
the project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or misrepre-
sentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, the following
notice shall be posted on each Federal -aid highway project (23
CFR 635) in one or more places where it is readily available to all
persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID
HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the charac-
ter, quality, quantity, or cost of the material used or to be used, or
the quantity or quality of the work performed or to be performed,
or the cost thereof in connection with the submission of plans,
maps, specifications, contracts, or costs of construction on any
highway or related project submitted for approval to the Secretary
of Transportation; or
Whoever knowingly makes any false
statement, false representation, false report or false claim with
respect to the character, quality, quantity, or cost of any work
performed or to be performed, or materials furnished or to be
furnished, in connection with the construction of any highway or
related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false
statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions
of the Federal -aid Roads Act approved July 21, 1916, (39 Stat.
355), as amended and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than
5 years or both.""
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
1. That any facility that is or will be utilized in the performance of
this contract, unless such contract is exempt under the Clean Air
Act, as amended (42 U.S.C. 1857 et sec., as amended by Pub.L.
91-604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-
500), Executive Order 11738, and regulations in implementation
thereof (40 CFR 15) is not listed, on the date of contract award,
on the U.S. Environmental Protection Agency (EPA) List of
Violating Facilities pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with
all the requirements of Section 114 of the Clean Air Act and
Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities,
EPA, indicating that a facility that is or will be utilized for the
contract is under consideration to be listed on the EPA List of
Violating Facilities.
4. That the fine agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such require-
ments.
XI. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transac-
tions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in
connection with the department or agency's determination
whether to enter into this transaction. However, failure of the
prospective primary participant to fumish a certification or an
explanation shall disqualify such a person from participation in
this transaction.
c. The certification in this clause is a material representation of
fact upon which reliance was placed when the department or
agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause of default.
d. The prospective primary participant shall provide immediate
written notice to the department or agency to whom this proposal
is submitted if any time the prospective primary participant learns
that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," 'lower tier covered transaction," "participant,"
"person," "primary 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. You may contact the
department or agency to which this proposal is submitted for
assistance in obtaining a copy of those regulations.
f. The prospective primary 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 by the department or
agency entering into this transaction.
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled "Certifi-
cation Regarding Debarment, Suspension, Ineligibility and Volun-
tary Exclusion -Lower Tier Covered Transaction," provided by the
department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in
all solicitations for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or volun-
tarily 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
nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs"
(Nonprocurement List) which is compiled by the General Services
Administration.
I. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowl-
edge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.
j. Except for transactions authorized under paragraph f 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 other
remedies available to the Federal Government, the department or
agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion --Primary Covered Transactions
1. The prospective primary participant certifies to the best of its
knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
b. Have not within a 3-year period preceding this proposal
been convicted of or had a civil judgement rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1 b of
this certification; and
d. Have not within a 3-year period preceding this applica-
tion/proposal had one or more public transactions (Federal, State
or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Covered Transac-
tions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. 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 department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
C. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "participant," "person,"
"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.
You may contact the person to which this proposal is submitted
for assistance in obtaining a copy of those regulations.
e. 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 by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this 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.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or volun-
tarily 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
Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowl
edge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.
I. Except for transactions authorized under paragraph a 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 other
remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion --Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission
of this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligi-
ble, or voluntarily excluded from participation in this transaction by
any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XII. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
related subcontracts which exceed $100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. 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
any Federal agency, a Member of Congress, an officer or employ-
ee 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, continua-
tion, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempt-
ing to influence an officer or employee of any Federal 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.
2. This certification is a material representation of fad 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. 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.
3. The prospective participant also agrees by submitting his or
her bid or proposal that he or she shall require that the language
of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify and
disclose accordingly.
ATTACHMENT 112"
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-14-03
GENERAL DECISION NUMBERS C0020014 AND C0020015,
HIGHWAY CONSTRUCTION
Decision No. C0020001 dated March 04, 2002 supersedes
Modifications
ID
Decision No. COO 10001 dated March 05, 2001
MOD 1
03-12-02
-
1
MOD 2
03-22-02
Page
2
As of March 12, 2002, Decision No. C0020001 has been
1
3
superseded by the following two General Decision Numbers:
MOD 3
04-05-02
Page
4
1). General Decision No. C0020014
5
5
2). General Decision No. C0020015
MOD 4
05-03-02
Pages
6
1,2,5,6
7
MOD 5
06-21-02
Pages 1,
8
5
9
MOD 6
07-05-02
Pages 1,
10
5
11
MOD 7
09-13-02
Pages 1,
12
5
MOD 8
12-13-02
Page
1
MOD 9
12-20-02
Pages 5, 6,
7
MOD 10
01-10-03
Pages 1,
5
MOD 11
01-17-03
Page
5
MOD 12
02-14-03
Pages 2,
4
General Decision No. C0020014 applies to the following counties: Adams, Arapahoe, Boulder, Denver,
Douglas, Ell Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld counties.
General Decision No. C0020014
The wage and fringe benefits listed below
reflect collectively bargained rates.
COD
CLASSIFICATION
Basic Hourly
Fringe Benefits
Last
E
Rate
Mod
ELECTRICIANS: (Excluding traffic signal installation)
1200
Electrical work $200,000 or less (Pueblo county)
18.98
7.94
7
1201
Electrical work over $200,000 (Pueblo county)
23.74
7.94
7
Electricians (Adams, Arapahoe, Boulder, Denver,
1202
Douglas, Jefferson, Larimer, and Weld counties)
26.91
8.64
8
1203
Electricians (El Paso county)
24.10
10.59+ 3%
10
1204
Electricians (Mesa county)
20.35
5.14+4%
POWER EQUIPMENT OPERATORS:
1300
Asphalt Screed
19.92
5.47
4
1301
Asphalt Spreader/Laydown Machine
19.92
5.47
4
1302
Bulldozer
19.92
5.47
4
Crane:
1305
50 tons and under
20.07
5.47
4
1306
511 to 90 tons
20.22
5.47
4
1307
911 to 140 tons
20.37
5.47
4
1308
l tl tons and over
21.13
5.47
4
ATTACHMENT 112"
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-14-03
GENERAL DECISION NUMBERS C0020014 AND C0020015,
HIGHWAY CONSTRUCTION
General Decision No. C0020014
The wage and fringe benefits listed below reflect collectively bargained rates.
COD
CLASSIFICATION
Basic Hourly
Fringe Benefits
Last
g
Rate
Mod
POWER EQUIPMENT OPERATORS (cont.):
Drill Operator:
1309
William MF/Watson 2500 only
20.22
5.47
4
Grader/Blade:
1310
Rough
19.92
5.47
4
1311
Finish
20.22
5.47
4
Loader:
1312
Barber Green, etc., 6 cubic yards and under
19.92
5.47
4
1313
Over 6 cubic yards
20.07
5.47
4
Mechanic and/or Welder (Includes heavy duty and combination
mechanic and welder):
1314
Mechanic
20.07
5.47
4
1315
Mechanic/Welder (Heavy duty)
20.22
5.47
4
1316
Oiler
19.22
5.47
4
Power Broom:
1317
Under 70 HP
19.22
5.47
4
1318
70 HP and over
19.92
5.47
4
Roller:
1319
Self-propelled, rubber tires under 5 tons
19.57
5.47
4
1320
Self-propelled, all types over 5 tons
19.92
5.47
4
Scraper:
1321
Single bowl under 40 cubic yards
20.07
5.47
4
1322
Single bowl including pups 40 cubic yards and tandem bowls
and over
20.22
5.47
4
1323
Trackhoe
20.07
5.47
4
1324
Water Truck
20.07
5.47
12
Laborers:
Asphalt Laborer/Raker, Common Laborer,
1400
grid Concrete Laborer/Mason Tender
15.69
3.95
4
ATTACHMENT "2"
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-14-03
GENERAL DECISION NUMBERS C0020014 AND C0020015,
HIGHWAY CONSTRUCTION
General Decision No. C0020014
The wage and fringe benefits listed below do not reflect collectively bargained rates.
COD
CLASSIFICATION
Basic Hourly
Fringe Benefits
Last
E
Rate
Mod
1500
Bricklayers
15.55
2.85
Carpenters:
1600
Form Work (Excluding curbs and gutters)
16.54
3.90
1601
All other work
16.61
3.88
1700
Concrete Finishers/Cement Masons
16.05
3.00
Ironworkers:
1900
Reinforcing
16.69
5.45
1901
Bridge Rail (Excludes guardrail)
18.22
6.01
Laborers:
2001
Fence Erector (Includes fencing on bridges)
13.02
3.20
2002
Form Work (Curbs and gutters only)
11.85
3.45
2003
Guardrail Erector (Excludes bridgerail)
12.89
3.20
2004
Landscape and Irrigation Laborer
12.26
3.16
2005
Pipelayer
13.55
2.41
Striping Laborer (Pre -form layout and removal of
2006
pavement markings)
12.62
3.21
2007
Traffic Director/Flagger
9.55
3.05
2008
Traffic and Sign Laborer (Sets up barricades and cones,
and installs permanent signs)
12.43
3.22
PAINTERS
2100
Brush
16.94
2.10
2101
Spray
16.99
2.87
POWER EQUIPMENT OPERATORS:
2200
Backhoes
16.54
4.24
2201
Bobcat/Skid Loader
15.37
4.28
2202
Concrete Pump Operator
16.52
4.30
ATTACHMENT 112"
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-14-03
GENERAL DECISION NUMBERS C0020014 AND C0020015,
HIGHWAY CONSTRUCTION
General Decision No. C0020014
The wage and fringe benefits listed below do not reflect collectively bargained rates.
COD
CLASSIFICATION
Basic Hourly
Fringe Benefits
Last
E
Rate
Mod
POWER EQUIPMENT OPERATORS (cont.):
Drill Operator:
2203
All except William MF/Watson 2500
16.74
2.66
2204
Forklift
15.91
4.09
2205
Rotomill Operator
16.22
4.41
2206
Post Driver/Punch Machine
16.07
4.41
2207
Tractor
13.13
2.95
2208
Compactor
16.70
3.30
12
Traffic Signal Installation:
2300
Traffic Signal Installers
18.66
4.12
2301
Groundsman
11.44
3.25
12
Truck Drivers:
2400
Floats -Semi Truck
14.86
3.08
2401
Multipurpose Truck/Hoist
14.35
3.49
2402
Truck Mechanic
16.91
3.01
2403
Pickup Truck (Includes Pilot and Sign/Barricade Truck)
13.93
3.68
12
2405
SINGLE AXLE TRUCK
14.24
3.77
2406
DL'4TRIBUTOR TRUCK
15.80
5.27
2407
DUMP TRUCK:
2408
14 CUBIC YARDS AND UNDER
14.93
5.27
2409
15 TO 29 CUBIC YARDS
15.27
5.27
2410
30 TO 79 CUBIC YARDS
15.80
5.27
2411
81) CUBIC YARDS AND OVER
16.45
5.27
2412
LOW BOY TRUCK
17.25
5.27
12
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added
after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(v)].
END OF GENERAL DECISION NUMBER C0020014.
ATTACHMENT 112"
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-14-03
GENERAL DECISION NUMBERS C0020014 AND C0020015,
HIGHWAY CONSTRUCTION
General Decision No. C0020015 applies to the following counties: Alamosa, Archuleta, Baca, Bent, Chaffee,
Cheyenne,
Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin,
Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, La Plata, Lake, Las Animas, Lincoln,
Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio
Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington, and
Yuma counties.
General Decision No. C0020015
The wage and fringe benefits listed below reflect collectively bargained rates.
COD
CLASSIFICATION
Basic Hourly
Fringe Benefits
Last
E
Rate
Mod
ELECTRICIANS: (Including traffic signal installation)
3
Electrical work $200,000 or less (Alamosa, Archuleta,
Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer,
3200
Fremont, Huerfano, Kiowa, Las Animas, Mineral, Otero,
18.98
7.94
7
Prowers, Rio Grande, and Saguache counties)
Electrical work over $200,000 (Alamosa, Archuleta, Baca,
3201
Bent, Chaffee, Conejos, Costilla Crowley, Custer, Fremont,
23.74
7.94
7
Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio
Grande, and Saguache counties)
Electricians (Clear Creek, Eagle, Gilpin, Grand, Jackson, Lake,
3202
Logan, Morgan, Phillips, Sedgwick, Summit, Washington,
26.91
8.64
11
and Yuma counties)
3203
Electricians (Cheyenne, Elbert, Kit Carson, Lincoln, Park,
and. Teller counties)
24.10
10.59+ 3%
10
Electricians (Delta, Dolores, Garfield, Gunnison, Hinsdale, La
3204
Plana, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio
20.35
5.14+4%
Blanco, Routt, San Juan, and San Miguel counties)
POWER EQUIPMENT OPERATORS:
3300
Bituminous or Asphalt Spreader/Laydown Machine
19.92
5.47
9
3301
Bulldozer
19.92
5.47
4
Crane:
3302
50 tons and under
20.07
5.47
4
3303
51 to 90 tons
20.22
5.47
4
3304
91 to 140 tons
20.37
5.47
4
3305
141 tons and over
21.13
5.47
4
3306
Grade Checker
20.07
5.47
4
Loader:
3307
Barber Green, etc., 6 cubic yards and under
19.92
5.47
4
3308
Over 6 cubic yards
20.07
5.47
4
FOR PURPOSE SHALL APPLY. ECONOLITE does not warrant any equipment of other
manufacture designated by FORT COLLINS.
ECONOLITE shall supply to FORT COLLINS, in a timely manner, any software
revisions of the standard icons software modules to correct "bugs" or deficiencies, which would
appear within one year from the date of final acceptance of the standard icons traffic
management system.
8. REP'RESENTATIONS
Non -infringement. ECONOLITE represents that to the best of its knowledge the technology
embodied in the products sold herein does not infringe upon a United States patent or United
States copyright in effect as of the Effective Date.
Author,. Each party represents as follows: (a) that it has full power and authority to execute,
deliver and perform its obligations under this Agreement; (b) that there are no actions,
proceedings or investigations, pending or, to the best of each party's knowledge, threatened
against such party which may in any manner whatsoever materially affect the enforceability of
this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the
execution, delivery and performance of this Agreement will not constitute a breach or default
under any agreement, law or court order under which such party is a party or may be bound or
affected by or which may affect the rights, duties and obligations hereunder.
No Other Representations. Each party acknowledges and agrees that it is relying on no
representation of the other party except as expressly set forth herein.
9. INDEMNITY AND LIMITATION OF LIABILITY
ECONOLITE agrees to indemnify and save harmless the City, its officers, agents and
employees against and from any and all actions, suits, claims, demands or liability of any
character whatsoever brought or asserted for injuries to or death of any person or persons, or
damages to property arising out of, resulting from or occurring in connections with the
performance of any service hereunder. ECONOLITE shall take all necessary precautions in
performing the work hereunder to prevent injury to persons and property.
In no event, whether as a result of breach of contract or warranty or alleged negligence,
shall ECONOLITE be liable for special or consequential damages including but not limited to
loss of profits or revenue, loss of use of the equipment, or any associated equipment, cost of
capital, downtime costs, or claims of customers of FORT COLLINS for such damages.
ECONOLITE will not be liable for any claims or back charges on behalf of FORT
COLLINS arising out of this contract unless they are made immediately and supported in
writing within 30 days of FORT COLLINS becoming aware of same, giving full details,
including costs incurred, if any. Claims not presented within such time limit shall be deemed to
have been waived by FORT COLLINS. ECONOLITE will be given reasonable opportunity
and access to investigate the merits of such claims or back charges and its liability limited as
above.
0
ATTACHMENT "2"
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-14-03
GENERAL DECISION NUMBERS C0020014 AND C0020015,
HIGHWAY CONSTRUCTION
General Decision No. C0020015
The wage and fringe benefits listed below reflect collectively bargained rates.
COD
CLASSIFICATION
Basic Hourly
Fringe Benefits
Last
E
Rate
Mod
POWER EQUIPMENT OPERATORS (cont.):
Roller:
3309
Self-propelled, rubber tires under 5 tons
19.57
5.47
4
3310
Self-propelled, all types over 5 tons
19.92
5.47
4
3311
Trackhoe
20.07
5.47
4
3312
Oiler
19.22
5.47
4
3313
Water Wagon
20.07
5.47
9
General Decision No. C0020015
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Carpenters:
3600
Form Building and Setting (Excluding curbs and gutters)
15.92
5.38
3601
All other work
16.30
3.71
9
3700
Concrete Finishers/Cement Masons
15.55
2.85
3800
Groundmen (Traffic signalization)
11.57
3.50
9
Ironworkers:
3900
Reinforcing
16.94
6.77
9
3901
Bridge Rail (Excluding guardrail)
16.76
6.01
Laborers:
4000
Asphalt Laborer/Raker
12.40
2.92
9
4001
Common
12.44
3.53
9
4002
Concrete Laborer/Mason Tender
12.44
3.10
Striping -Paint Laborer (Pre -form layout and removal of
4003
pavement markings)
12.90
3.07
9
4004
Traffic Director/Flagger
9.42
3.21
9
4005
Traffic/Sign Laborer (Sets up barricades and cones,
and installs permanent signs)
12.39
3.20
9
4007
Guardrail (Excludes bridgerail)
12.78
3.31
4008
Formwork (Curbs and gutters only)
12.92
4.54
9
4009
Landscape Laborer (Including irrigation work)
12.21
3.16
9
Painters:
4100
Spray
17.54
3.52
9
ATTACHMENT "2"
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-14-03
GENERAL DECISION NUMBERS C0020014 AND C0020015,
HIGHWAY CONSTRUCTION
General Decision No. C0020015
The wage and fringe benefits listed below do not reflect collectively bargained rates.
COD
CLASSIFICATION
Basic Hourly
Fringe Benefits
Last
E
Rate
Mod
POWER EQUIPMENT OPERATORS:
4200
Asphalt Plant
17.23
1.20
4201
Asphalt Screed
16.21
3.76
4202
Backhoe
16.42
4.42
9
4203
Compactor
16.52
3.13
9
4204
Grader/Blade
16.39
4.20
Mechanic and or Welder (Includes heavy duty and combination
4205
mechanic welder)
16.74
4.20
9
4206
Post Driver/Punch Machine
16.07
4.41
4207
Rotomill Operator
16.28
4.41
4209
Scraper
17.62
3.16
9
Truck Drivers:
4400
DUMP
14.15
3.83
9
4401
LOW BOY
15.07
4.56
9
4402
Truck Mechanic
15.97
4.61
9
4403
Multipurpose Truck -Specialty and Hoisting
14.60
3.49
9
4404
Pickup (Including pilot car)
14.04
3.49
4405
WATER TRUCK
14.88
2.07
9
4406
DISTRIBUTOR
15.80
5.27
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added
after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(v)].
END OF GENERAL DECISION NUMBER C0020015.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
♦ an existing published wage determination
♦ a survey underlying a wage determination
♦ a Wage and Hour Division letter setting forth a position on a wage determination
matter
♦ a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with
the `Wage and Hour Regional Office for the area in which the survey was conducted because those
Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of construction wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C. 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can
request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and
29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C. 20210
The request should be accompanied by a full statement of the interested party's position and by any
information (wage payment data, project description, area practice material, etc.) that the requestor
considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C. 20210
4.) All Decisions of the Administrative review board are final.
ATTACHMENT "3"
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
Address
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of
($ )in
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , a copy of
which is hereto attached and made a part hereof for the performance of The City of Fort Collins
project,
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF --,this instrument is executed in four (4) counterparts, each one
of which shall be deemed an original, this day of
IN PRESENCE OF:
(Title)
(Corporate Seal)
Principal
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
Attorney -in -Fact
By:
(Addresss)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYY)
PRODUCER OS/28/2003
(626)685--4830 FAX (626)685-4844
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Los Angeles Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 5667 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Pasadena, CA 91117-0667
Arroyo Holdings, Inc.
Econolite Control Products, Inc.
3360 E. La Palma Avenue
Anaheim, CA 92806
INSURERS AFFORDING COVERAGE
INSURER A: Westchester SLIC
INSURER B: Federal Insurance Company
INSURER C:
INSURER D:
INSURER E:
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPEOFINSURANCE
POLICY NUMBER
DATE(MM/DDIYY)
DATE(MMIDD/YY)
LIMITS
GENERAL LIABILITY
GLS755484
04/27/2003
04/27/2004
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GEIJERAL LIABILITY
CLAIMS MADE rX OCCUR
FIRE DAMAGE (Any one fire)
$ 50,000
MED EXP (Any one person)
$ 51000
A
X 510,000 Deductible
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X JECT LOC
PRODUCTS - COMP/OP AGG
$ 1,000,000
AUTOMOBILE
LIABILITY
ANY AUTO
73215072
04/27/2003
04/27/2004
COMBINED SINGLE LIMIT
(Ea accident)
$
1,000,000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
B
X
BODILY INJURY
(Per accident)
$
HIREDAUTOS
NON-OWNEDAUTOS
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EAACCIDENT
$
ANY AUTO
OT APPLICABLE
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS LIABILITY
OCCUR ❑, CLAIMS MADE
EACH OCCURRENCE
AGGREGATE
$
OT APPLICABLE
$
DEDUCTIBLE
RETENTION $
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TO LIMITS ER
E.L. EACH ACCIDENT
$
OT APPLICABLE
E.L. DISEASE - EA EMPLOYEE
$
E. L. DISEASE -POLICY LIMIT
$
OTHER
OT APPLICABLE
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
he City of Fort collins, it's officers, agents and employees are additional insureds per form
C 20 10 11/85 attached, as respects to work performed by the insured at the City of Fort Collins
ideo Project.
In the event of non-payment of premiu, 10 day notice of cancellation applies
City of Fort Collins, CO
Director of Purchasing & Risk Management
Attn: Mr. James B. O'Neill, III
P 0 Box S80
Fort Collins, CO 80522
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLENDEAVOR TO MAIL
* 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
POLICY NUMBER GLS755484 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(FORM B)
THIS ENDORSEMENT MODIFIES THE INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE PART:
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
City of Fort Collins, CO
Its Officers, Agents and Employees
Attn: lVlr. James B. O'Neill, III
Director of Purchasing & Risk Management
P O Box 580
Fort Collins, CO 80522
Re: Video Wall Project
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement).
WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for
you.
CG 20 10 11/85
CERTIFICATE HOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
MAY 28, 2003 GROUP:
POLICY NUMBER: 1603984-2003
CERTIFICATE ID: 47
CERTIFICATE EXPIRES: 04-01-2004
04-01-2003/04-01-2004
CITY OF FORT COLLINS, CO
DIRECTOR OF PURCHASING & RISK MANAGEMENT
P 0 BOX 580
FORT COLLINS CO 80522 CITY OF FORT COLLINS VIDEO WALL
PROJECT
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate of insurance 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.
AA,t'
AUTHORIZED REPRESENTATIVE
A�,,c.A4,
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-01-2003 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
ECONOLITE CONTROL PRODUCTS INC
3360 E LA PALMA AVE
ANAHEIM CA 92806
SCIF 10262E rEPF-Ul: BO 1
10. LIC:ENSES
ECONOLITE grants to FORT COLLINS for exclusive use in FORT COLLINS, CO
assignable only to FORT COLLINS, CO, a fully paid non-exclusive, non -transferable icons
software license to one (1) CCTV System Inteface with documentation provided under the
Agreement. FORT COLLINS shall be entitled to:
a. use the licensed programs but only in machine-readable form on licensed computers.
b. use the support material supplied but only as required to support the use of the
Licensed programs
c. make only as many back up copies of the Licensed programs in machine readable
form as required to support the use of the Licensed programs on each computer. All
back up copies must include the copyright notice in the original form as it appears on the
Licensed programs.
FORT COLLINS may not copy, modify, adapt, merge, disassemble, decompile or
distribute the software, its documentation or create derivative works based upon the software.
None of the support material in human readable form included with the Licensed programs may
be copied in any way, without the consent of ECONOLITE. FORT COLLINS may print any
screen the software will allow, however no copyright notices may be removed from the printing.
'The Licensed programs and support material included with this Agreement are
confidential information that is the property of ECONOLITE and Siemens ITS, GARDNER
TRANSPORTATION SYSTEMS, INC. The Licensed programs, program concepts, or any of
the support materials shall not be made available to any other party or organization without the
written consent of ECONOLITE. Notwithstanding the foregoing, nothing in this Agreement
precludes or relieves FORT COLLINS from meeting its obligations under the Colorado Open
Records Act, including statutory deadlines for responding to requests for information.
'Title to all intellectual property rights including patent, trademark, copyright and trade
secret rights and title to all ownership rights and all copies of and all media bearing the Licensed
programs, support materials and program concept shall remain in ECONOLITE and Siemens
ITS, GARDNER TRANSPORTATION SYSTEMS, INC.
11. CONFIDENTIAL INFORMATION.
Confidential Information. In the performance of this Agreement or in contemplation thereof,
the parties and their respective employees and agents may have access to private or confidential
information owned or controlled by the other party and such information may contain
proprietary details and disclosures. All information and data identified in writing as proprietary
or confidential by either party ("Confidential Information") and so acquired by the other party
or its employees or agents under this Agreement or in contemplation thereof shall be and shall
remain the disclosing party's exclusive property, and the recipient shall use all reasonable
efforts (which in any event shall not be less than the efforts the recipient takes to ensure the
confidentiality of its own proprietary and other confidential information) to keep, and have its
employees and agents keep, any and all Confidential Information confidential, and shall not
copy or publish or disclose it to others, no authorize its employees, or agents or anyone else to
copy, or disclose it to others, without the disclosing party's written approval; nor shall the
7
recipient make use of the Confidential Information except for the purposes of executing its
obligations hereunder, and (except as provided for herein) shall return the Confidential
Information and data to the first party at its request.
Excluded Information. The foregoing conditions will not apply to information or data which is
or which becomes generally known to the public by publication or by any means other than a
breach of duty on the part of the recipient hereunder, is information previously known to the
recipient, is information independently developed by or for the recipient or is information
generally released by the owning party without restriction.
Right to Injunctive Relief. Because of the unique nature of the Confidential Information, the
parties agree that each party may suffer irreparable harm in the event that the other party fails to
comply with any of its obligations under this Article, and that monetary damages may be
inadequate to compensate either party for such breach. Accordingly, the parties agree that
either party will, in addition to any other remedies available to it at law or in equity, be entitled
to seek injunctive relief to enforce the terms of this Article.
Colorado Open Records Act. FORT COLLINS is subject to public information laws, including
the Colorado Open Records Act, which permit access to most records and documents.
Confidential Information will be protected by FORT COLLINS to the extent legally
permissible. The parties acknowledge that nothing in this agreement precludes or relieves
FORT COLLINS from meeting its obligations under the Open Records Act, including statutory
deadlines for responding to requests for information.
12. SOFTWARE UPDATES AND ENHANCEMENTS
Software enhancements or new features added to icons through new system
development for other agencies or as part of ECONOLITE'S ongoing research and
development, shall be offered to FORT COLLINS at a fixed, quoted price. The offer shall
remain firm for 90 days from the date of the offer.
COMPLIANCE WITH ALL LAWS
ECONOLITE shall, at its sole expense, comply with all of the requirements of County,
State and Federal laws now in force pertaining to this Agreement, and shall faithfully observe in
all activities relating to or growing out of this Agreement all ordinances, statutes, rules or
regulations now in force.
14. INIIEPENDENT CONTRACTOR
This Agreement calls for the performance of services of ECONOLITE as an
independent contractor. ECONOLITE is not an agent of employee of FORT COLLINS for any
purpose; and is not entitled to any of the benefits provided by FORT COLLINS to its employees.
This Agreement shall not be construed as forming a partnership or any other association with
ECONOLITE other than that of an independent contractor.
15. INSURANCE AND BONDS
8
ECONOLITE shall maintain for the duration of this contract the following types of
insurance:
a) Automobile liability insurance
b) Commercial general liability insurance
c) Worker's compensation insurance
d) Performance Bond in the amount of 100% of the contract
The insurance required hereunder shall be maintained until all work required and all
material to be supplied under the terms of this Agreement is satisfactorily completed as
evidenced in writing by an authorized representative of FORT COLLINS.
16. EXECUTION
This Agreement is effective upon execution. It is the product of negotiation and all
parties are equally responsible for the authorship of this Agreement.
17. NOTICES
The notices relative to this Agreement shall be given in writing and shall be personally
served, sent by registered mail or faxed with telephone confirmation by addressee that it was
received. The parties shall be addressed as follows, or at any other address designated by notice:
FORT COLLINS: CITY OF FORT COLLINS, CO
P.O. Box 580
Fort Collins, CO 80522
Attention: Mr. James B. O'Neill II
Director of Purchasing & Risk Management
Phone: 970-221-6775
Fax: 970-221-6707
E-mail: joneill@fcgov.com
ECONOLITE: ECONOLITE Control Products, Inc.
3360 East La Palma Avenue
Anaheim, CA 92806
Attention: Mr. Don Ho
Project Manager
Phone: 714-630-3700
Fax: 714-630-6349
E-mail: dho@econolite.com
18. FORUM
Any lawsuit pertaining to any matter arising under, or growing out of this Agreement
shall be instituted in the state of Colorado. The laws of the state of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement.
19. ASSIGNMENT
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