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Home My WebLink About506811 BW SYSTEMS / 430295 COLORADO SYSTEMS GROUP - CONTRACT - RFP - 7254 FACILITY VIDEO SECURITY SYSTEM (2)SERVICES AGREEMENT Facility Video Security System Pilot Project, Video Management System Implementation, Camera Conversion THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and COLORADO SYSTEMS GROUP, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of nine (9) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, the Agreement will automatically renew for additional one (1) year periods for a maximum of four (4) such renewal terms. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Colorado Systems Group Attn: Purchasing Attn: Dean Erickson 1831 Left Hand Circle PO Box 580 PO Box 580 Suite B Fort Collins, CO 80522 Fort Collins, CO 80522 Longmont, CO 80501 In the event of early termination by the City, the Service Provider shall be paid for services 7254 FVSS Phase 1 & 2 Agreement i or 30 The pilot project shall be deemed successful when the video management system has performed the following functions. • Active Directory Integration allowing credentials to be passed to CV • Security group setup and configuration according to the CFC provided matrix of users and CV rights. • Setup and review of the CV client • Setup and review of the IPAD mobile apps • Exporting of recorded audio and video to appropriate media. • Connection of panic buttons at each facility to provide a popup security camera window if pushed. 4.4 Audio CSG will utilize microphones and analog capture cards for audio recording from the Downtown Transit Center and CSU Transit Center Customer Service Desks. 1. CSG will provide and install the Salient analog capture cards in a client provided workstation at each location. 2. The dedicated workstations at each facility will be provided by City and will be configured for communications between the microphone and Salient software server by CSG. 3. CSG will install microphones at each CSR desk along with the cable to the workstation for the line -in audio capture. Each of the workstations will be located in telecom rooms. IP audio capturing by Salient is due to be released by the 2"d Quarter of 2012, and will be used throughout the system thereafter. 5.0 Phase 1, Part 3: Training Training will occur between the pilot project and part two (2) and occur at the Transfort Conference Room, Coordination of staff attendance will be scheduled at least two weeks in advance of training. Training will total sixteen (16) hours. 5.1 System Administrators An initial intensive four (4) hour training for system administrators prior to the official system activation date to ensure the most technically capable individuals are prepared to support the system. CSG shall conduct a follow up administrator training session for two (2) hours thirty (30) days after the GO LIVE week. 5.2 End User This is followed by one day of view -only training sessions for up to six CFC staff at a time on the actual system to ensure maximum effectiveness and retention. For the first thirty days additional training will be on an on -call basis and scheduled during regular business hours. The training will be conducted by Jeff Brown and/or Bill Westman to ensure flexibility and variation in presentation to meet the needs of Transfort staff. CSG will provide the following: 4 Admin Guides, 10 Client Guides, and 5 Overview Guides in printed format and each guide in electronic pdf format. 7254 FVSS Phase 1 & 2 Agreement 10 of 30 6.0 Phase 2, Part 1:.IP Camera Conversion 6.1 Server Setup: 1. Install necessary CV camera licenses on server 2. Configure cameras for recording 6.2 Convert Cameras: 1. Reconfigure camera settings per new design 2. Test and focus as necessary on new system 3. Create new views in CV The following Cameras will be converted to the CV system Virtual Server environment setup and configured in Part 1. IP Camera List Location Description Designation CSU Transit Center Help Desk CTC203 CSU Transit Center West Entry CTC204 CSU Transit Center Employee Entrance CTC205 Downtown Transit Center SE Camera DTC305 Downtown Transit Center South Entrance DTC306 Transfort Maintenance Facility Bus Wash TMF104 Transfort Maintenance Facility East Fuel Island TMF105 Transfort Maintenance Facility West Fuel Island TMF106 Transfort Maintenance Facility Treasury NE TMF108 Transfort Maintenance Facility Treasury NW TMF109 Transfort Maintenance Facility Treasury SE TMF110 Transfort Maintenance Facility Treasury SW TMF111 Transfort Maintenance Facility Van Parking West TMF112 Transfort Maintenance Facility Van Parking East TMF113 Transfort Maintenance Facility CNG Fueling TMF114 Transfort Maintenance Facility OH 6-7 Doors TMF115 Transfort Maintenance Facility Bus Wash Parking TMF116 7.0 Phase 2, Part 2: Analog Camera Conversion 7.1 Server Setup: 1. Install necessary CV camera licenses on server 2. Configure cameras for recording 7.2 Replace Analog Cameras: 1. Replace analog cameras with IP cameras at the CSU and DTC locations 2. Test and focus as necessary on new system 3. Create new views in CV 4. The following Cameras will be replaced with new IP cameras and configured to record on the new CV system: 7254 FVSS Phase 1 & 2 Agreement 11 of 30 Analog Camera List Location Description Designation New Camera Model Number CSU Transit Center Lobby PTZ CTC201 5MP - 360 de CSU Transit Center Roof Top PTZ CTC202 Q1755 CTC209 5MP - 360 de Downtown Transit Center Employee Entrance DTC301 P3346VE Downtown Transit Center NE Camera DTC302 P3346VE Downtown Transit Center NW Camera DTC303 P3346VE Downtown Transit Center Pole Camera DTC304 5MP - 360 de Downtown Transit Center SW Camera DTC307 P3346VE Downtown Transit Center Front Desk DTC309 P3346 Downtown Transit Center Front Lobby DTC310 P3346 Downtown Transit Center Spare Office DTC311 P3346 Downtown Transit Center Vending Area DTC312 P3346 Downtown Transit Center Waiting Area DTC313 P3346 Phase 1 & 2, Facility Video Security System Pricing Phase or Part Content Cost Phase 1 • Part 1 Maintenance contract • Part 2 Pilot 10,737.00 • Part 3 Training 1,500.00 Phase 2 • Part 1 IP Camera Conversion 6,456.00 • Part 2 Analog Conversion 42,601.00 Total (see detail below): $61,294.00 Phase 1, Part 1 - Maintenance Month to month / per month $1,000.00 Maintenance for all converted equipment / yearly $8,400.00 Phase 1, Part 2 - Pilot Cost Server Setup and configuration two client workstations 2,560.00 IP camera, microphone and capture card configuration and licensing 7,499.11 Panic Button Integration 677.90 Total: $10,737.00 Phase 1, Part 3 - Training Training 1,500.00 Total: $ 1,500.00 7254 FUSS Phase 1 i£ 2 Agreement 12 of 30 Phase 1, Part 4 - IP Camera Conversion Cost Server Setup Included IP camera configuration and licensing Included Training included TRAN Cam Change 4,691.04 CSU Cam Change 1,083.12 DTC Cam Change 681.84 Total: $ 6,456.00 Phase 1, Part 5 - Analog Camera Conversion Cost Server Setup Included IP camera configuration and licensing Included Training included TRAN Cam Change 13,284.00 CSU Cam Change 9,904.00 DTC Cam Change 19,413.00 Total: $ 42,601.00 Annual Maintenance for Complete Video Security System Maintenance for year 1 $43,862.00 Maintenance for year 2 $43,862.00 Maintenance for year 3 $45,177.00 Maintenance for year 4 $45,927.00 Maintenance for year 5 $45,927.00 Video Security System Options: Within the five years following the effective date of this Agreement, CSG agrees to supply and install up to one hundred (100) each of the fixed cameras and up to forty (40) each of the PTZ camera at the price listed plus a price adjustment limited to the Denver -Boulder CPI-U. Cameras shall be of the same model listed in the Agreement or equivalent. Installation of the entire video security system will require approximately two years, during which time camera and server technology is certain to change. Substitutions due to changing technology must be documented at the time of purchase. Pririnn For Cameras. Labor. and Lifts Item Cost Notes & Overtime rates: Interior Fixed Camera $2,205.00 Exterior Fixed Camera $3,166.00 Includes lift Interior PTZ Camera $4,254.00 Exterior PTZ Camera $4,829.00 Includes lift Cable Labor $65.00/hr Overtime rate: $97.50/hr Equipment Labor $75.00/hr $112.50/hr Programming Labor $85.00/hr $127.50/hr Engineering Labor $85.00/hr $127.50/hr Daily Lift Charge $321.00 N/A Weekly Lift Charge $721.00 N/A 7254 FVSS Phase 1 & 2 Agreement 13 of 30 Exhibit B: Federal Requirements Table of Contents: 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES ........... :......................................................... 15 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS .......15 3. ACCESS TO RECORDS AND REPORTS...................................................................................................15 4. FEDERAL CHANGES....................................................................................................................................16 5. TERMINATION..............................................................................................................................................16- 6. CIVIL RIGHTS REQUIREMENTS..............................................................................................................16 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)..............................................................................17 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............................18 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) .......................18 10. BUY AMERICA..........................................................................................................................................19 It. BREACHES AND DISPUTE RESOLUTION..........................................................................................19 12. LOBBYING.................................................................................................................................................20 13. CLEAN AIR......................................................................................:.........................................................20 14. CLEAN WATER REQUIREMENTS.......................................................................................................21 15. CARGO PREFERENCE REQUIREMENTS..........................................................................................21 16. FLY AMERICA REQUIREMENTS.........................................................................................................21 17. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS............................................................21 18. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT......................................................28 19. ENERGY CONSERVATION REQUIREMENTS...................................................................................28 20. RECYCLED PRODUCTS..........................................................................................................................29 21. CONFORMANCE WITH ITS NATIONAL ARCHITECTURE...........................................................29 Appendix A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING ...... End of document Appendix B, BUY AMERICA, CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL, IRON, OR MANUFACTURED PRODUCTS .............................. End of document 7254 FVSS Phase 1 & 2 Agreement 14 of 30 NO GOVERNMENT OBLIGATION TO THIRD PARTIES (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.-Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also 7254 FVSS Phase 1 & 2 Agreement 15 of 30 agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. 4. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Eoual Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 7254 FVSS Phase 1 & 2 Agreement , 16 of 30 (a) Race, Color Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 9.9%. A separate contract goal has not been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). 7254 FVSS Phase 1 & 2 Agreement 17 of 30 The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Fort Collins. In addition, the contractor may not hold retainage from its subcontractors. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City. If it.is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but nbt limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 7254 FVSS Phase 1 & 2 Agreement 18 of 30 10. BUY AMERICA The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification attached as Appendix B. Part 661, Buy America, A video security system is an end product as defined in Part 661. System means a machine, product, or device, or a combination of such equipment, consisting of individual components, whether separate or interconnected by piping, transmission devices, electrical cables or circuitry, or by other devices, which are intended to contribute together to a clearly defined function. Component means any article, material, or supply, whether manufactured or unmanufactured, that is directly incorporated into the end product at the final assembly location. End product means any vehicle, structure, product, article, material, supply, or system, which directly incorporates constituent components at the final assembly location, that is acquired for public use under a federally funded third party contract, and which is ready to provide its intended end function or use without any further manufacturing or assembly changes. Manufactured product means an item produced as a result of the manufacturing process. Manufacturing process means the application of processes to alter the form or function of materials or of elements of the product in a manner adding value and transforming those materials or elements so that they represent a new end product functionally different from that which would result from mere assembly of the elements or materials. The following is a partial list of representative end products that are subject to the requirements of Buy America. Manufactured end products: Infrastructure projects not made primarily of steel or iron, including structures (terminals, depots, garages, and bus shelters), ties and ballast; contact rail not made primarily of steel or iron; fare collection systems; computers; information systems; security systems: data processing systems; and mobile lifts, hoists, and elevators. 11. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Director of Purchasing. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of Purchasing. In connection with any such appeal, the 7254 FVSS Phase 1 & 2 Agreement 19 of 30 rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A". 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformance in design, materials and workmanship for a period beginning with the start of the work and ending not less than twelve (12) months from and after final acceptance under the Agreement. Upon receipt of written notice from City of any such defect or nonconformance, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 7254 FVSS Phase 1 & 2 Agreement 2 of 30 Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Purchasing shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 12. LOBBYING Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 (to be codified at 2 U.S.C. § 1601, et seq.] Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Certification attached as Appendix A 13. CLEAN AIR (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seg. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 7254 FVSS Phase 1 & 2 Agreement 20 or 30 (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CLEAN WATER REQUIREMENTS (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et sue. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material or commodities by ocean vessel. 16. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS (1) Minimum wages — (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or 7254 FVSS Phase 1 & 2 Agreement 21 of 30 development of the project), 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 issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, 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 29 CFR Part 5.5(a)(4). 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. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) 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. The following job classifications may apply to this Agreement: per: General Decision Number: CO120008 01/27/2012 CO8 Wages Fringes Electrician, including low -voltage electrician $31.60 $12.52 Laborer, common $9.56 $ 2.36 (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (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 as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if 7254 FVSS Phase 1 & 2 Agreement 22 of 30 known), 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 Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The 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. (C) In the event the contractor, the laborers or mechanics to be employed in the 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 recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, 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. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) 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 shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as 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 Secretary of Labor has found, upon the written request of the contractor, 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. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if 7254 FUSS Phase 1 & 2 Agreement 23 of 30 known), 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 Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The 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. (C) In the event the contractor, the laborers or mechanics to be employed in the 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 recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 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) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor 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, so 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 (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City of Fort Collins may, after written notice to the contractor, sponsor, applicant, or owner, 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. (3) Payrolls and basic records — (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of 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. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) 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 shall 7254 FVSS Phase 1 & 2 Agreement 24 of 30 maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of Fort Collins for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. 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 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or 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 section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each 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 Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) 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 (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives 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 Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, 7254 FVSS Phase 1 & 2 Agreement 25 of 30 take such action 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. (4) Apprentices and trainees — (i) Apprentices - 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 U.S. Department of Labor, 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 or her first 90 days of probationary employment as an apprentice in such an apprenticeship 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. The allowable ratio of apprentices to journeymen 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 worker 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 on the wage determination for the classification of work actually performed. In addition, any apprentice 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 is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 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 journeymen 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 determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 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 will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - 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, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate 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 7254 FVSS Phase 1 & 2 Agreement 26 of so 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 apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who -is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee 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. In the event the Employment and Training Administration withdraws approval of a training program, the contractor 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. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the .requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility — (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1). 7254 FVSS Phase 1 & 2 Agreement 27 of 30 (ii) No part of this contract shall be subcontracted to any, person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.1001. 18. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys 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 (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 19. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7254 FVSS Phase 1 & 2 Agreement 28 of 30 20. RECYCLED PRODUCTS Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 21. Conformance with ITS National Architecture To the extent applicable, the Contractor agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects," 66 Fed. Reg. 1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing. 7254 FVSS Phase 1 & 2 Agreement 29 of 30 12. Remedies. 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 himself 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. 13. Bindinq Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider 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, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Assignability. Other governmental entities may be extended the opportunity to purchase or participate in any award made as a result of this Bid or Proposal, with the agreement of the successful vendor. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: 7254 FVSS Phase 1 & 2 Agreement 3 of 30 Exhibit C: Insurance Requirements The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insured on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverage shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 7254 FVSS Phase 1 & 2 Agreement 30 of 30 APPENDIX A, 49 CFR PART 20-•CERTIFICATION REGARDING LOBBYING The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award docurnents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 1"his certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] info✓nr. •f V The Contractor, S M S certifies or affirms the truthfulness and accuracy of each statement of its certification of d disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and dis los re, i an Signature of Contractor's Authorized Official A V Name and Title of Contractor's Authorized Official Date RFP 7254 Facility Video Securily Syslems Page 25 of 31 APPENDIX B, BUY AMERICA, CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL, IRON, OR MANUFACTURED PRODUCTS Certificate of Compliance with 49 U.S.C. 5323U)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C, 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date n,-'/,2.- It Signature Company Name (o/o/no(a 5 /5 (tins Cyiro'v� .T�r Title Certificate of Non -Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323Q)(1) and 49 C.F.R. 661.5. but it may qualify for an exception pursuant to 49 U.S.C. 53236)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title RFP 72ti4 Facility Video Securlly Systems Page 20 of 31 OP ID: KY CERTIFICATE OF LIABILITY INSURANCE DAT02102D/YYYY) o2/ozn z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. H 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 endorsements . PRODUCER 303-756.7755 Willis of Colorado-TLT 2000 S Colorado Blvd #2-900 Denver, CO 80222 Talty House Account CONTCT NAME, PHONE IF" No: E#AIL PRODUCER CUSTOMERCOLO-27 INSURERS AFFORDING COVERAGE NAIL INSURED Colorado Systems Group, Inc. 1831 Lefthand Cir Ste #B Longmont, CO 80501 INSURER A:Phlladel hia Insurance Co. _ 23850 INSURER e;Pinnacol Assurance 41190 INSURER CINSURER INSURER D INSURER E F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS -CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AGOL SUER POLICY EFF POLICY E%P LIMn3 .61LGENERAL A LIABILITY X COMMERCIAL GENERAL LIABILITY 71 CLAIMS -MADE OOCCUR X PHPK755831 08/06111 08/06112 EACH OCCURRENCE $ 1,000,00 PREMISES(Ea occunence $ 100,00 NEED EXP(Any one person) $ 5,00 PERSONAL A ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: X POLICY PIFCTRO- LOC PRODUCTS - COMPIOP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X PHPK755831 08/06/11 08/06/12 COMBINED SINGLE LIMIT (Ea accldentl $ 1,000,00 X BODILY INJURY (Pm person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA UAB EXCESS LIAS X OCCUR CLAIMS -MADE PHUB355082 08/06/11 08/06/12 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DEDUCTIBLE RETENTION 10,()00 $ X $ B WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETO"ARTNERIEXECUTIVE YIN OFFICERdaEMSER EXCLUDED? ❑N (Mandatory In NH) rc qea, deacrme under DESCRIPTION OF OPERATIONS below NIA 4081298 06/01/11 06/01/12 X WCRYSLIM OTRH- TO E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 q Property Section PHPK755831 08106/11 08/06/12 DESCRIPTION OF OPERATIONS/ LOCATIONSI VEHICLES (Attach ALORD 101, Addhimal Remarks Schedule, if more apace la required) The City, its officers, agents and employees are named as additional insured with respects to the general liability and automobile liability insurance policies.."10 day notice of cancellation for nonpayment of the premium. City of Fort Collins Attn: Jim Hume 215 North Mason, 2nd Floor Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Talty House Account CnR1Pr1RATInN All .inhfa mm.vnA ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the a -Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e- Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Federal Requirements. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B", consisting of fifteen (15) pages, attached hereto and incorporated herein by this reference. 7254 FVSS Phase 1 & 2 Agreement 4 of 30 THE CITY OF FORT COLLINS, CCOOLORADO By: '6 L James B. O'Neill II CPPO Director of Purchasing Ri Management Date: 1 _ AT ST: City Clerk IJ 1 APPR =TO FO COLORF�'O Assistt!City Attorney COLORADP SYS E 'S GROUR h c. By: Date: ATTEST: (Corporate Sea]) C r10\rqll Secretary 7254 FVSS Phase 1 & 2 Agreement 5 of 30 Scope of Work: Phase 1 & 2, Facility Video Security System 1.0 History The City of Fort Collins ("CFC" or "City") has multiple transit facilities with video security cameras. The current system is outdating and subject to occasional outages. The current system also has multiple video management systems. Transfort has had video security for several years at several locations. Three significant construction projects will start soon and the new Video Management System ("VMS") provided and serviced by Colorado Systems Group ("CSG") will replace or reutilize the existing legacy equipment and accommodate the expansion of Video Security. 2.0 Schedule Work to be performed by CFC and CSG during the different parts of the contract according to the following schedule of different phases. Please see cost in Appendix A. Work to be completed Responsible organization Completion date or number of days to completion Phase 1 Part 1 Start maintenance of existing equipment CSG Start of Contract Part 2 Pilot Project Start Setup virtual environment, server and storage CFC 12/9/2011 Setup and configure CompleteView(CV) software on virtual environment and install client on workstations, CV views, ADS integration CSG Within 20 days after notice to proceed Install new cameras, microphones and Capture cards CSG included Provide digital recordings of each new camera day and night. CSG included Provide maintenance as detailed in service plan CSG included Panic Button Integration included Pilot Project (Migration Part 1 complete Part 3 Training Start CSG Within 14 days after notice to proceed Training Complete CSG included Phase 2 Part 1 Migration — IP camera conversion Start Within 20 days after notice to proceed Convert all designated IP cameras from legacy equipment to CV CSG included -Incorporate converted IP cameras to views CSG included Provide digital recordings of each new camera day and night. CSG included Provide maintenance as detailed in service plan CSG I included Migration IP camera conversion Complete 7254 FVSS Phase 1 & 2 Agreement 6 of 30 Part 2 Migration — analog camera conversion Start Provide conduit, demark network connection and power as required to analog cameras CFC As budget and schedule allow Replace analog cameras with IP cameras as agreed upon for each location CSG Within 20 days after notice to proceed Integrate new IP cameras into CV and create views as needed. CSG included Provide digital recordings of each new camera day and night. CSG included Provide maintenance as detailed in service plan CSG included Migration analog camera complete 3.0 Phase 1, Part 1: Maintenance of video security systems For the first six months of operation CSG will support Transfort on technical issues by assigning Bill Westman, Technology Director; Jeff Brown, Jay Randall and /or Damon Morris; Salient Certified Technicians; as primary resources for continuity of service. The remainder of the CSG service team will function as secondary support. CSG will support the VMS and all newly installed equipment according to 3.1, Service Plan. 3.1 Service Plan The service plan also includes replacing any of the existing equipment (excluding power supplies) included in the certified functional equipment list. The service plan includes: • all labor necessary to maintain the equipment • all parts and equipment • the monthly testing of recorded output • camera cleaning (minimum once a year) • monthly reports as defined • support agreement coverage is twenty-four hours a day, 365 days a year • call back within two (2) hours • a 4-hour on site response time is guaranteed for all service needs • all service calls are considered Emergency Requests. 3.2 Software Upgrades and Patches All software upgrades and patches are included in the support packages. Typically, Salient releases updates on a quarterly basis with major updates every few years. The Yearly Upgrade Plan shall provide the City with an annual subscription to all the latest patches, upgrades, and releases. With the service plan in place, all patches, upgrades, and releases are provided at no additional charge. CSG shall electronically track new upgrades as they are released. CSG shall wait for a period of three months after a new upgrade or fix has been released unless the upgrade or patch is needed for immediately resolving an emergency issue. Once the new upgrade has been approved from CSG, then it shall be scheduled with the City for implementation. 3.3 Service Tickets Each service ticket shall have a unique number, which is tracked from the time the request is made to the final resolution. Based on the nature of the call, the service manager shall arrange for a technician to be dispatched to deal with the problem. The City will then be contacted by 7254 FVSS Phase 1 & 2 Agreement 7 of 30 the service department and provided with the name of the responding technician, the estimated time of arrival, and any other pertinent information. After regular business hours, service calls will be directed to the CSG automated attendant. The City staff member initiating the call will leave a message with details including the service issue, location of issue, and contact information. CSG will call back within two (2) hours. Upon arrival on City property, service technicians shall provide City staff with a description of diagnostic procedures the technician will follow in addressing the service issue. The technician shall have a triplicate hard copy of the service ticket with them that outlines the service request and any other details. 3.4 Part Replacement If a part needs to be replaced, the service technician shall have the CSG service department check our stocking levels or, if necessary, determine availability of the part from suppliers. The service department shall inform the City representative of the part that needs to be replaced and any associated cost. 3.5 Escalation The technician shall escalate the call to the service manager after one hour if a clear direction for troubleshooting has not been developed. After resolution of the service issue, the City shall be provided with a copy of the service ticket documenting all actions taken to resolve the problem. City staff shall review and sign a copy of the service ticket. This information will be logged into the Colorado Systems Group tracking system and used for history reports. 3.6 Warranty The warranty period for all new construction projects is one year. CSG shall honor all equipment manufacturer warranties that exceed the one-year timeline. 3.7 Remote Access CSG shall have VPN access to the Salient Video Management system and cameras. Each member of CSG that needs to access the City Network through a VPN connection shall fill out and sign the appropriate documentation. Each CSG employee is responsible for their own credentials. CSG shall inform the City immediately if any member of CSG who has credentials to the VPN connectivity no longer works for CSG or if CSG feels the credentials have been compromised. 3.8 Standard Exclusions: (Unless otherwise stated) Manual, gas, or electric personnel lifts. Any damage caused by vandalism, acts of nature, tampering, misuse, computer viruses, loading of non approved software, or repairs by anyone other than Colorado Systems Group employees or its assignees. Batteries, fuses, power/electrical circuits, and lightning transient protectors/suppressors. All operating system software upgrades, updates or patches are excluded. 3.9 Warranty Reporting CSG must report at least annually, or as requested by the City, on the warranty status of each portion of the project including the warranty status of any replacement or additional items. The report format must be acceptable to the City. 7254 FVSS Phase 1 & 2 Agreement 8 of 30 4.0 Phase 1, Part 2: Pilot Project The Pilot Project will be to establish the VMS in a virtual environment and install cameras and microphones in the transit centers and a camera at the TransFort Maintenance facility. The pilot project will establish functionality of the VMS and its ability to communicate across the CFC network successfully. The VMS will be integrated into the CFC Microsoft Active Directory Services. 4.1 Work to be completed by CFC 1. Virtual Server Environment that meet the Salient Specifications and two (2) terabytes of available storage 2. Setup the network configuration to accommodate the IP cameras and the video streaming. 3. Network Support 4. Purchase 2 IPAD2s for connection to CV server 5. Additional client installations outside the 2 provided by CSG 6. All necessary network connections, cabling, and POE devices 7. All conduit and 120VAC as necessary 8. Workstations for Client applications 9. Purchase of CV mobile applications 10.2 x Workstations meeting specifications at the DTC and CTC for audio recording 11. Network Drops to the D-mark 12. Network configuration/VLAN 4.2 Work to be completed by Colorado System Group - Server Set Up 1. Install Salient CV Enterprise on Virtual Server located at CFC Data Center • Install 3 camera licenses on the server • Configure CV for Active Directory Import • Configure CV users/permissions • Configure initial test views • Install CV client on two workstations connected to the multi -viewer at Transfort *Note: all labor supplied will be during regular business hours 4.3 Salient configuration and initial camera installation 1. Configure one camera from each location to be configured to record to the new CV virtual server. • Install 1 x 360 degree camera at the CTC Main Entrance location (replace existing camera) • Install 1 X Axis P3346 camera at the Transfort Mailbox camera location (replace existing camera) • Install 1 X Axis P3346E camera at the DTC East Middle camera location (replace existing camera) 2. Install microphone at the DTC and CSU 3. Install mobile applications on two IPAD devices 7254 FVSS Phase 1 & 2 Agreement 9 of 30