HomeMy WebLinkAboutRFP - 9090 TRANSFORT MOBILE VIDEO SECURITY SYSTEMRFP 9090 Transfort Mobile Video Security System Page 1 of 47
REQUEST FOR PROPOSAL
9090 TRANSFORT MOBILE VIDEO SECURITY SYSTEM
The City of Fort Collins is requesting proposals from qualified Vendors to acquire a new security
surveillance video system for its bus fleet. The scope includes retrofitting over 40 buses with the
chosen new system. The goal is to purchase a system that is scalable so that modules such as
facial recognition can be added as those additional features become available.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy
proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received
at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins,
Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on March 6, 2020
and referenced as Proposal No. 9090. If delivered, they are to be sent to the Purchasing
Division at 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, send to
the attention of the Purchasing Division at P.O. Box 580, Fort Collins, 80522-0580. Please note,
additional time is required for bids mailed to the PO Box to be received at the Purchasing
Office.
All questions should be submitted, in writing via email, to Ed Bonnette, CPM, CPPB, Senior
Buyer at ebonnette@fcgov.com, with a copy to Project Manager, Belinda Barnes at
bebarnes@fcgov.com, no later than 5:00 PM MST (our clock) on February 21, 2020. Please
format your e-mail to include: RFP 9090 Transfort Mobile Video Security System in the subject
line. Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
68087 Surveillance Cameras and Counter-surveillance Equipment and Supplies
84084 Video and Audio Systems, Accessories and Parts (Closed Circuit TV) (Including
Surveillance Type)
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 9090 Transfort Mobile Video Security System Page 2 of 47
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party vendors and their subcontractors at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one
(1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the
proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant
to CORA. Such statement does not necessarily exempt such documentation from public
disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable
law. Generally, under CORA trade secrets, confidential commercial and financial data information
is not required to be disclosed by the City. Proposals may not be marked “Confidential” or
‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for
proposal will be public information.
New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit
an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form
and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website
at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with
your proposal.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
RFP 9090 Transfort Mobile Video Security System Page 3 of 47
The selected Vendor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9090 Transfort Mobile Video Security System Page 4 of 47
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Vendors to acquire a new
security surveillance video system for its bus fleet. The scope includes retrofitting over 40
buses with the chosen new system. The goal is to purchase a system that is scalable so
that modules such as facial recognition can be added as those additional features
become available.
B. Background
The current Mobile Video Security System (MVSS) was procured on RFP P1106 back
in 2008. It is time to replace it with an updated system.
II. SCOPE OF PROPOSAL
A. Scope of Work
The proposal shall include:
The scope of services shall include the selected recipient to provide all wiring and
mounting locations for a multi-camera surveillance system, including the installation of
cameras, recorder, microphone, etc. Cameras will be mounted on the interior and
exterior of each bus. System shall incorporate a minimum of eight cameras, including
one forward facing windshield camera. Cameras monitoring the interior of the bus
shall provide the highest quality picture, especially under low light/dark conditions.
System should also include Mobile DVR, with a hard drive 2 TB in size. System shall
be compatible and wired to the existing ITS System Digi Router for communications,
the router will determine which Transfort Network to utilize, WiFi or Cellular.
CFC-TRANSFORT’S PREFERRED SYSTEM REQUIREMENTS:
1. DATA INFRASTRUCTURE
a) Transfort currently operates Microsoft Windows 2016 and 2019 servers.
Desktop systems utilize Microsoft Windows 10 Professional.
b) Each bus communicates through an onboard mobile router (Digi WR44) for both
wireless and cellular data connections. WiFi is the desired method for bulk data
downloading from the buses.
2. GENERAL SYSTEM REQUIREMENTS
On-board electrical requirements
a) Nominal voltage: 12 - 24 volts DC nominal (auto or transit battery).
b) Operating range: 9VDC – 39 VDC.
c) Firms shall provide information concerning equipment performance such as
corruption of data and memory loss associated with low, high, and extremely
high peak voltage conditions.
d) The equipment, including all cables and connectors to and from the recorder,
must be electrically protected to withstand low and high voltage and electrical
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spikes resulting from jump-starting. The equipment shall be capable of “self-
reset” in the event of one of these conditions.
e) The Contractor shall be responsible for any filters, power stabilizers, rectifiers
and other devices that protect the DVR from spikes, drops, harmonic resonance
and other power issues routinely experienced in a transit environment.
f) The Contractor shall ensure that the DVR fully performs in the intended
operational environments without being affected by, or causing harmful
interference to, other on-board systems. DVR must be shielded against radio
frequency and all other interference including electromagnetic (RFI/EMI)
emission sources, as well as internal conductive or inductive emissions.
3. ON-BOARD DIGITAL VIDEO RECORDER (DVR)
a) DVR units must be installed in existing secure data cabinets so hardware is not
accessible to passengers.
b) The DVR shall have an embedded, configurable, non-corruptible operating
system. The parameters configured shall not be corrupted by environmental
factors, powering down, power failure, power fluctuations, or other irregularities.
The programmed parameters must remain intact and usable after five years of
powered down storage.
c) The unit must power down at a user selectable time after ignition power is
removed.
d) If the operating system stops or stalls it must automatically restart.
e) The DVR shall be designed specifically for use in mobile applications such as
transit. It shall incorporate internal shock and vibration isolation systems that
allow recording while the unit is subjected to the vibration and impacts that occur
in a moving transit vehicle.
f) The DVR shall be designed to operate reliably in the environmental situations
typical of transit usage. Its ability to accurately record shall not be affected by
dirt, moisture, solvents, detergents, oil and other environmental contaminants.
The on-board system shall operate in humidity ranges between 0% and 95%.
g) The DVR and all other on-board system equipment must operate reliably in
temperature ranges between 0 and 150. Extended storage in the same
temperature range must not result in equipment degradation.
h) The DVR shall capture high quality images and sound in a digital format such as
WMV, MPEG, H.264, etc. The images and sound shall be stored on a high
capacity hard disk drive for review and playback at central viewing stations or
through on-board connection to a laptop computer. Proposals shall describe in
detail how the proposed system captures and stores images and sound.
Proposals shall also explain in detail the benefits and tradeoffs of the proposed
format(s) for Transfort.
i) The Hard Disk Drive (HDD) shall be removable. It shall be housed in a rugged
enclosure that locks to the recording unit with a preference for Solid State Drives
(SSD).
j) When inserted, the hard drive shall automatically connect and synchronize to
the DVR operating system with no additional formatting required.
k) A common key shall be used for all of the DVRs. Five (5) copies of this key shall
be provided. The device shall be designed to restrict access, prevent alteration
of images and prevent tampering with the unit.
l) External connections are necessary to off load data and run set-up diagnostics
via a laptop computer.
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m) The DVR should have, at a minimum, four (4) auxiliary inputs in addition to a
J1708 or J1939 interface with the vehicle. The vehicle inputs and J1708 or
J1939 data shall be synchronized and displayed with recorded video.
n) Stored video on the DVR must have the capability to transfer video events via
wireless connection, downloaded directly to a laptop connected to the video
system or by removal of the storage media.
4. RECORDING METHOD
a) As pre-allocated video hard drive space is filled, the oldest video stored shall be
automatically overwritten so that video is recorded on a continuous basis.
b) Video that is tagged shall not be overwritten until after the tag is removed. Tags
shall be removed by download of the video or manual override with the
software.
c) Audio shall be fully synchronized with video during playback and export.
d) Video that has been recorded shall not be lost if the DVR unit has to restart or
reboot for any reason.
5. RECORDING CAPACITY
a) Each of the video channels shall have a user programmable frame rate of (30)
frames per second or more.
b) The DVR shall be capable of recording video at a rate of 30 frames per second
per camera for up to eight or more cameras simultaneously.
c) The system must have the capability of recording data from all cameras while
they are operating at different frame rates.
d) Transfort’s goal is to have 2TB of storage for each DVR, to store at least 250
hours (approximately 14 days of 18hr shifts) of quality recorded video and
audio before it is overwritten.
e) The system shall have the capability of saving and storing video at a higher
frame rate when tagged by either the operator of the vehicle or remotely. Firms
shall explain how their system can tag and store an enhanced frame rate.
f) The system shall have user selectable video compression levels. The onboard
video system shall be capable of storing a minimum of 240 hours of video and
audio on fixed disk storage at 30 FPS. Saved or tagged system data shall be
securely write protected, stored on the onboard unit, wirelessly transferred to
the City’s video server and archived. Preserving the integrity and privacy of the
data is of the upmost importance.
6. INTERNAL CLOCK
a) The DVR unit shall have an internal clock to time and date stamp recorded
audio and video.
b) Each vehicle’s on-board clock will be synchronized with GPS-based time. The
proposed MVSS (Mobile Video Surveillance System) must have a means of
avoiding time drift. This may be achieved by synchronizing each DVR with the
on-board clock or by directly obtaining GPS time. Proposals shall explain how
their proposed unit shall accomplish this specification.
c) The internal clock shall operate independently of the main power supply.
Powering down or sudden removal of power shall have no negative effects on
the DVR unit’s ability to continue accurate time and date stamping of recorded
video.
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7. INTEGRATION WITH EXTERNAL EVENT BUTTON FOR VIDEO TAGGING
a) The DVR system installed in each vehicle shall integrate with an on-board
event button located near the operator. When the event button is pushed, the
DVR system must tag the video and increase frame rates to specified values
and mark the video and audio in such a way as to save the information and
not allow it to be overwritten.
b) Activation of this tagging feature shall mark the video for a period of time
before and after the event. The time parameters shall be user programmable
and shall allow marking for up to twenty (20) minutes before an event and up
to thirty (30) minutes after.
8. VIEWING METHOD
a) Recorded video and audio shall be viewed and heard by three distinct
methods:
• By removing the hard drive and viewing the contents of the hard drive at
reviewing stations.
• By connecting a laptop computer directly or wirelessly to the DVR.
• By having the marked event, or selected time and date specified video and
audio, downloaded through a wireless connection whenever the transit
vehicle travels within range of the wireless connection.
b) Software and licenses shall be supplied for reviewing stations and
workstations.
c) Transfort requires that existing PC workstations and laptops be used for these
purposes.
9. SYSTEM STATUS DISPLAY
The DVR shall have a system status display visible to the operator. It shall provide
information about the status of the system. The DVR shall perform a self-test upon
power up and indicate that the system is operational.
10. DATA INTEGRITY AND AUTHENTICATION OF IMAGERY
a) Features shall be provided to confirm to City staff that there has been no data
loss at any point in the system and that there have been no unauthorized
changes to or destruction of data.
b) Viewing, search and enhancement usage shall not alter the original recorded
data.
c) The MVSS shall include an embedded means to authenticate and validate
images, recordings and data integrity so that the recorded audio and video
shall be legally defensible in prosecuting offenders and settling legal claims.
11. ON BOARD/EMBEDDED GPS
The DVR must provide location GPS at all times, as well as date and time stamp
the video. The GPS receiver shall be part of this proposal, or embedded within the
DVR. Transfort prefers the option for multiple GPS sentence structures (NMEA,
TAIP, RTCM, etc.). The DVR must also capture vehicle events such as designated
RFP 9090 Transfort Mobile Video Security System Page 8 of 47
event markers, speed, signal indicators, hazard flashers, G-Force events, as well as
any other industry standards.
12. DVR DIAGNOSTICS AND TROUBLESHOOTING
a) The DVR operating system shall include a diagnostic program that provides
information about the operating condition of the DVR, cameras and audio
recording device.
b) The diagnostic program shall be accessed by laptop computer. Transfort
requires that the software be available and loaded on at least two of the
laptops currently in use for other Transfort Maintenance diagnostics.
c) Transfort staff shall be able to reset each DVR’s programmable parameters
using the diagnostic software.
d) The diagnostic program shall include the capability of live viewing through the
vehicle’s cameras and the capability to adjust, setup, and troubleshoot the
programmable features of the cameras.
13. SYSTEM STATUS DISPLAY
The DVR shall have a system status display visible to the operator. It shall provide
information about the status of the system. The DVR shall perform a self-test upon
power up and indicate that the system is operational.
14. VIDEO CAMERAS
a) All cameras shall be color and high resolution with consideration and
preference given to cameras capable of Infrared. Under all operating
conditions and applications, the camera images shall be of sufficient quality
to distinguish facial features, apparel details and activity. Still and video
images obtained from the system must be of sufficient quality to support
prosecution of offenders and resolution of legal claims. The system is to be
able to differentiate between vehicle, pedestrian, bicycle and any other
images. The ultimate goal is to be able to upgrade the system with facial
recognition and any other additional capabilities as those features become
available. Any exported video must have an encryption algorithm that will
stand up to scrutiny in a legal claim as being unaltered.
b) Transfort’s vehicles operate from early in the morning until late at night on
urban and rural routes. The cameras must maximize image quality and be
adjustable through the range of lighting conditions including extremely low
light and nighttime operation. Provide a camera listing that includes an
infrared camera for interior use on paratransit vehicles.
c) The minimum resolution shall be 704x480 pixels. The resolution shall be
user adjustable to allow higher resolution for selected cameras. Please
provide pricing for varied resolution options.
d) The focal length, angle and adjustability of each camera lens shall be
selected to maximize viewable area and image quality for each camera.
e) Power preference is for cameras capable of POE provided by the DVR.
f) The cameras shall be mounted in a tamper resistant housing with a
preference for IP66 (Ingress Protection) or higher.
g) The cameras shall be synchronized by the recorder.
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h) The cameras shall have the capability to determine if the image is altered and
therefore not functional.
15. PLACEMENT OF CAMERAS, 8, 32-40 FOOT VEHICLES
a) All cameras need to be as inaccessible to passengers as possible. While
interior cameras are positioned for maximum passenger coverage, exterior
cameras must capture views and angles around the bus. The City would be
interested in proposals including mid cabin mounted 360 cameras covering
the same views. This option would reduce the number of cameras.
1. passengers boarding through the front door.
2. passengers exiting through the rear door.
3. rear passenger area looking forward.
4. front area looking towards the rear.
5. forward through the front windshield.
6. curb side exterior camera, facing rear, near front door.
7. drivers side viewing traffic passing along the left.
8. rear mounted rear view camera.
16. PLACEMENT OF CAMERAS, 12, 60 FOOT VEHICLES
a) All cameras need to be as inaccessible to passengers as possible. While
interior cameras are positioned for maximum passenger coverage, exterior
cameras must capture views and angles around the bus. The City would be
interested in proposals including mid cabin mounted 360 cameras covering
the same views. This option would reduce the number of cameras.
1. passengers boarding through the front door.
2. passengers exiting through the rear door.
3. rear passenger area looking forward.
4. front area looking towards the rear.
5. forward through the front windshield.
6. curb side exterior camera, facing rear, near front door
7. drivers side viewing traffic passing along the left.
8. rear mounted rear view camera.
9. curb side exterior camera, facing rear, near mid door.
10. passengers exiting through the mid door.
11. front cabin, rear mount, facing forward.
12. Rear cabin, front mount, facing rear.
17. AUDIO RECORDING DEVICE
a) Two audio recording devices shall be installed in fixed route vehicles: one in
the fare transaction area and one towards the rear of the coach. 60 foot
vehicles would require an additional microphone in the rear cabin.
b) Audio recordings shall be of sufficient quality to identify speakers, provide the
content of their speech, and support prosecution of offenders and resolution of
legal claims.
c) Audio recordings shall not skip, must be fluid and consistent in nature. There
should be no gaps in audio recording and playback.
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18. VEHICLE INTEGRATION
a) All vehicle numbers 79 and above have the capability of displaying live video
when triggered by either/or rear door opening or placing the vehicle into
reverse. The proposed solution should integrate with the on-board equipment
to display the required live video feed to the in dash display.
19. MOUNTING OF EQUIPMENT
DVRs, cameras or other equipment in the vehicles must be mounted ensuring each
device is properly secured in its place. Installed equipment must be accessible by
service personnel. Sheet metal screws must have anti-tamper heads with
preference for lock nuts and bolts.
20. WIRING AND CABLING
a) Firms must submit wiring and cabling product information for review and
approval.
b) All wiring shall be multi-strand, flame retardant and made of flexible material.
c) All video and audio cable connectors and sockets shall be of positive locking
design.
d) All multiple-wire electrical connections shall be made using mechanically-
locking, sealed connectors with crimped and sealed terminals, cable seals,
cavity seals, and TPA locks.
e) All single-wire electrical connections shall use crimped nylon-insulated
connectors with polyolefin heat-shrink tubing and adhesive melt liner.
f) All wire sizes and insulation shall be based on the current carrying capability,
voltage drop, mechanical strength, temperature, and flexibility requirements.
g) Wiring shall be uniformly color coded and tagged.
h) Wiring shall be wrapped in wire loom encasement, and tied with “all weather
UV type” nylon ties.
i) The power source wires must be sized appropriately to meet specified
requirements for unit start up and normal operation and should prevent
unacceptable voltage drops.
j) Wherever there is a possibility of interference, wiring and interconnecting
cables shall be properly shielded. Video and audio cables shall be gauged to
minimize signal loss.
k) Installed equipment, wiring and cabling shall be firmly held in place. Cabling
and wiring shall be installed in secure metal or plastic conduit, where it is
exposed to the passenger compartment, and in wire loom encasement for the
rest of the installation, which shall be secured, at a minimum, every eighteen
(18) inches. Fastenings, supports, and hangers shall be adequate to support
their loads and meet transit usage.
l) A protective plastic or rubber grommet must be installed in every hole that
provides passage for conduit or wiring to avoid chaffing or cutting of the
conduit or wiring.
21. VIEWING AND ADMINISTRATION SOFTWARE SUITE
a) The software shall provide the ability to set up multiple user accounts and the
ability to configure each user account with specific privileges for the use of the
software.
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b) The MVSS software shall have the capability to display date, time, GPS
location, vehicle speed, DVR or hard drive electronic serial number, vehicle
identification number and camera source on the stored and printed images.
Additionally, all auxiliary inputs shall have the capability to be displayed.
c) The software shall allow the user to configure download criteria for the
administration suite.
d) The software shall allow analysis and review of video and audio recordings
and allow download of selected recordings to Transfort’s designated server.
e) A reviewing station shall be capable of the following functions:
1. Search and retrieve video based on a specific date, time or vehicle
identifier.
2. Playback previously recorded video at user-selectable speed.
3. Step forward or back in increments of one frame during playback.
4. Skip to the beginning or end of the selected video recording.
5. Maximize the size of the selected image to the largest image window
with minimal distortion
6. Pause the video during playback.
7. Display one or multiple video viewing windows. Allow all cameras or
just one camera to be displayed synchronized in video and audio
components.
8. Use all features for the selected viewing window.
9. Zoom in and out on the selected image.
10. Sharpen or smooth an image to enhance the image.
11. Restore an image back to its pre-enhanced state.
12. Change the brightness and contrast of an image.
13. Preview an image before printing.
14. Save an image in a variety of standard graphic formats.
15. Synchronize all recorded audio with the associated video files
16. Save an entire video clip, portion of a clip, or selected image.
17. Be allowed to save recorded images and audio to server, CD, DVD or
any other digital media with preference given to embedded ability to
wrap and encrypt video.
f) Proposals shall include mobile viewing software for Transfort Supervisors and
City of Fort Collins Police Services. Please include software, hardware, and
license requirements for these remote mobile viewers. Mobile viewing
software shall be capable of installation on a laptop computer and connecting
to the vehicle through a WIFI connection.
22. LIVE “LOOK IN”
a) Transfort seeks to have a secure, live “Look-In” ability via cellular
communication so events and random monitoring are possible at any time.
b) Preference is given to applications that run on multiple platforms, such as
Apple and Android.
c) Live “Look-In” needs to be accessible via smart device, mobile phone, tablet,
etc. as well as remote desktop and workstations.
d) Licensing and software for up to 20 people must be part of this proposal.
23. SYSTEM UPGRADES
a) The MVSS operating system shall be the current, most stable version of the
operating system for the equipment and components proposed.
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b) Software shall contain version control numbers and features shall be included
to identify the software version on each device.
c) The MVSS shall be capable of expansion and/or upgrade as a means of
extending the system life expectancy.
d) Upgrades and updates to the MVSS or any component of the system shall be
made available at no cost to Transfort during the warranty.
e) All DVR software and firmware shall be upgradeable without having to
remove the DVR unit from its host vehicle, with a preference for firmware
updates via WiFi.
24. SOFTWARE LICENSES
Proposals must fully describe any software licenses required for the purchase and
operation of any part of the proposed MVSS. This shall include any per unit costs,
the terms and conditions of use and any upgrade costs.
25. TRAINING
a) The Contractor shall provide training through hands-on demonstration,
classroom, manuals and other related technical procedures.
b) Training schedules shall be coordinated with Transfort’s Project Manager.
Transfort reserves the right to adjust the schedule. Transfort shall determine
how many of Transfort’s staff need to complete the training and shall have
final approval of the number of training sessions required.
c) The Contractor shall provide full systems administration and operation
training which shall include proper methods for day-to-day operation of both
the hardware and software.
d) The Contractor shall also supply maintenance training to allow Transfort
staff to maintain equipment and materials for reliable performance and
maximum service life. This shall include a recommended schedule for
routine inspection and preventive maintenance activities, inspection
checklists, and procedures.
26. SYSTEM DOCUMENTATION
a) The Contractor shall provide documentation and diagrams showing the
installation of the MVSS fixed-end component and vehicle systems. This
documentation shall not be generic, but shall depict the systems as-
installed.
b) The Contractor shall supply complete systems operations and maintenance
manuals for each type or model of equipment purchased. The manuals will
cover all hardware and software. Additionally, the manuals will cover
troubleshooting steps for both hardware and software related issues.
c) All documentation provided shall be in both hard copy and electronic
formats.
d) Transfort shall review the documentation, diagrams and manuals for
completeness and clarity. If Transfort determines additional information is
required, the Contractor will supply the requested information in a format
specified by Transfort.
27. TESTING AND ACCEPTANCE
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a) Acceptance of work for this project shall occur at Transfort’s facility in Fort
Collins, Colorado.
b) The MVSS systems shall be installed on five (5) vehicles and the MVSS
fixed-end operating system shall be installed for the purposes of testing.
The purpose of the test pilot is to ensure that the equipment and materials
provided, methods of installation and operating capabilities, meet the
requirements specified in this RFP and the Contract Documents, as well as
any applicable local, state or federal regulations.
c) Transfort reserves the right to pursue a test pilot for up to 7 days to ensure
that the system is functioning reliably and in accordance with the
specifications. If agreed by all parties, this test pilot can be run
simultaneously during vehicle installation. If Transfort chooses to pursue a
test pilot, Transfort may extend the contract period to allow for this testing.
Transfort shall follow a testing protocol developed in agreement with the
Contractor. Results shall be provided to the Contractor in a timely manner.
d) If the test results indicate that any system part, including features,
materials, equipment, hardware, software or documentation does not meet
the specifications, the Contractor shall correct the deficiencies. Upon
receipt of approval from Transfort, the Contractor shall make the necessary
changes to any deficient system part, to be delivered or previously
delivered, at no additional cost to Transfort.
e) Once Transfort is satisfied that the installed system and any such
remediation meet the requirements specified in the RFP and Contract
Documents, Transfort will notify the Contractor and continue installation of
the system on the rest of the retrofit transit fleet.
f) Transfort shall continue to test the system as it is installed in additional
vehicles. If additional failures occur, it shall be the Contractor’s
responsibility to determine the probable cause of the failure and provide a
solution for the correction of the problem. Again, upon receipt of approval
from Transfort, the Contractor shall make the necessary changes to any
deficient system part, to be delivered or previously delivered, at no
additional cost to Transfort.
g) The Contractor shall verify that all equipment and installation comply with
the requirements specified in this RFP and Contract Documents and shall
demonstrate the same to Transfort before Transfort shall grant final
acceptance of the work completed.
28. SERVICE SUPPORT
a) Qualified technical support staff must be available to assist Transfort during
normal business hours, 8:00am to 5:00pm (MT), Monday through Friday.
Proposals must explain how after-hours support will be provided.
b) Vendor support staff must be trained to troubleshoot and resolve repair and
technical concerns. Proposals must explain how on-site service will be
provided at short notice when technical assistance is necessary to resolve
equipment failure.
c) Technical support shall respond to initial requests within 24 hours, with a
proposed resolution amenable to Contractor and Client within 48 hours.
Resolution proposals shall not include removing equipment, ie, cameras,
DVRs, from vehicles, without suitable replacements. Spare inventory shall
be sufficient to accommodate any replacement equipment necessary for
RFP 9090 Transfort Mobile Video Security System Page 14 of 47
warranty repairs. In the event all spares are in use, replacement equipment
shall be provided until such time as RMA repairs are complete.
29. WARRANTY
a) The selected firm will provide at a minimum, a one-year warranty for the
Mobile Video Security System that includes all equipment, parts and
service, as well as all critical software updates and any related hardware
updates as necessary for continued proper operation of the system.
b) Proposals shall provide an explanation of the coverage provided by the
warranty including response method and plan for provision of parts and
labor. It shall also address how Transfort will be reimbursed if Transfort
personnel complete authorized warranty work.
c) The Contractor warrants the documentation provided completely and that is
accurately reflects the operation and maintenance of the equipment and
software, and provides all information necessary to maintain the system.
30. SYSTEM WIDE REPLACEMENT
If at least 25% of a given component requires repair or replacement within the
warranty period then the component is deemed in need of system wide
replacement, which requires the contractor to replace all units, functioning or not,
of the suspect component.
31. MAINTENANCE AGREEMENT PRICING OPTION
Transfort seeks a maintenance agreement in support of the MVSS. The
maintenance agreement would begin at the end of the warranty period. Proposals
must include pricing for maintenance agreements and provide an explanation of
the coverage provided, including response times and plans for provision of parts
and labor. Proposals must address maintenance agreement provisions for
software patches and version upgrades.
32. SPARE PARTS AND MAINTENANCE REQUIREMENTS
a) The proposal shall include a recommended level of inventory for other
spare parts required for the support of the proposed system; for example,
number of full functioning DVRs for hot swapping, cameras, cables, disk
drives, etc.
b) The proposal shall provide a recommended list of any special tools and test
equipment required for operating, maintaining and repairing the proposed
system. This shall include a test bench, if one is available for the proposed
system, so equipment and system parts can be tested outside of the
vehicle.
c) The lists of recommended items shall include quantities, associated pricing
information, and if commercially available or from a restricted source.
d) Pricing shall be effective for a minimum of one year.
e) Firms must guarantee that replacement parts or superior substitute parts
shall be available for a period of ten (10) years after the completion of the
warranty period.
f) Proposals must include the location and availability of support services for
all major components in the proposed system.
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B. Deliverables/Milestones
The following deliverable milestones have been identified as examples. Vendor is to
propose milestones, target dates, percent of project completion and associated milestone
payment to be triggered upon successful completion as part of their proposal.
1. System installation
2. Trial Run
3. Core product training
4. Go Live
5. Project Acceptance
C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: 2/14/20
• Question deadline: 5:00 PM MST on 2/21/20
• Proposal due date: 3:00 MST (our clock) on 3/6/20
• Interviews (tentative): Week of 3/23/20
• Award of Contract (tentative): 4/17/20
• Completion of project: TBD
D. Interviews/Demonstrations
In addition to submitting a written proposal, the top-rated Vendors may be interviewed by
the RFP assessment team and asked to participate in an oral
presentation/demonstration to provide an overview of the company, approach to the
project and to address questions. The evaluation criteria for the oral interviews will be
the same as the criteria for the written evaluations and is included in Section IV. On-Site
Interview and Demonstration
Each Contractor invited for an interview shall provide a demonstration at the City
Building, 215 North Mason Street, Fort Collins. The demonstration will show the
following characteristics of the MVSS system being proposed; and the demonstration
may be presented live on-site or delivered for viewing remotely:
a) A working DVR with a multiple camera system such as to be installed in the
vehicles.
b) The administration and viewing software will be tested by Transfort staff during
the demonstration.
c) Live video and audio recording during the demonstration is to be burned to a
CD/DVD for playback on a standard Microsoft Windows 10 PC.
d) Live, wireless download demonstrations of marked events for use in a reviewing
station.
e) A typical installation of the viewing software and a wireless connection to the
DVR for remote viewing demonstration.
E. Travel & Expenses
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Contractors are to provide a list of fees for reimbursable expenses. Reasonable expenses
will be reimbursable per the current rates found at www.gsa.gov .
F. Subcontractors
Vendors will be responsible for identifying any subcontractors in their proposal. Please
note that the City will contract solely with the awarded Vendor; therefore any
subcontractors will be the responsibility of the Vendor.
G. Proposal Format
Please limit the total length of your proposal to a maximum of twenty-five (25) double sided
or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents,
dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins
are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11”
x 17”, count as a single page. Please, no embedded documents. Proposals that do not
conform to these requirements may be rejected.
H. Fees, Licenses, Permits
The successful Vendor shall be responsible for obtaining any necessary licenses, fees or
permits without additional expense to the City. All equipment shall be properly licensed
and insured, carry the appropriate permits and be placarded as required by law.
I. Laws and Regulations
The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal
laws and regulations and municipal ordinances.
J. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Vendor each month following
the submittal of a correct invoice by the Vendor indicating the project name, Purchase
Order number, task description, hours worked, personnel/work type category, hourly rate
for each employee/work type category, date of the work performed specific to the task,
percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices listed on the agreed-to Price Schedule. In the
event a service is requested which is not listed on the Price Schedule, the Vendor and the
City will negotiate an appropriate unit price for the service prior to Consultant initiating
such work.
The City pays invoices on Net 30 terms.
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III. PROPOSAL SUBMITTAL
For this section, Vendors are required to provide detailed written responses to the following
items in the order outlined below. The responses shall be considered technical offers of what
Vendors propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Vendors
include each of the City’s questions with their response immediately following the question.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Vendor Information
1. Describe the Vendor’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section V,
Vendor Statement.
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion. Include a description
regarding how the analysis will be performed for the various identified areas
identified, the methods and assumptions used, and the limitations of the analysis.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
4. Include a description of the software and other analysis tools to be used.
5. Identify what portion of work, if any, may be subcontracted.
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D. Firm Capability
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and sub consultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the consulting services described above.
3. Provide a minimum of three similar projects with public agencies in the last 5 years
that have involved the staff proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
number, sub-consultants on the team and a brief description of the work and any
change orders.
4. Provide examples of at least two projects where you’ve worked with your sub-
consultants. List the sub-consultant firm(s) for this Agreement, their area(s) of
expertise, and include all other applicable information herein requested for each sub-
consultant. Identify what portion of work, if any, may be sub-contracted.
5. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Consultant
authorizes City to verify any and all information contained in the Consultant’s
submittal from references contained herein and hereby releases all those concerned
providing information as a reference from any liability in connection with any
information they give.
E. Assigned Personnel
1. List of Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for this
Agreement, and any supervisory personnel, including partners and/or sub
consultants, and their individual areas of responsibility.
2. A resume for each professional and technical person assigned to the Agreement,
including partners and/or sub consultants, shall be submitted. The résumés shall
include at least three individual references from previous assignments. Please limit
resumes to one page.
3. Some functions of this project may require the use of sub-consultants. If you intend
to utilize sub-consultants you must list each and provide resumes for their key
personnel.
4. Describe the availability of project personnel to participate in this project in the
context of the contractor firm’s other commitments.
5. Provide a list of similar projects completed in the last five (5) years by the key
members of the proposed team.
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F. Availability
1. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
2. Are other qualified personnel available to assist in meeting the project schedule if
required?
3. Is the project team available to attend meetings as required by the Scope of Work?
4. Provide an outline of the schedule for completing tasks.
5. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
G. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe how your organization strives
to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the
workplace. See Section IV: Review and Assessment for additional information.
If possible, please highlight areas of opportunity in the project where sustainability could
be applied and/or improved.
H. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Cost per Vehicle: Provide the cost per vehicle itemized by bus type to include all the
equipment, capabilities and installation cost identified in the Scope of Proposal
section. Please address each of the following:
a. Provide an itemized cost breakdown by vehicle for each of the 47 vehicles
identified in the Vehicle List attached to this RFP as Attachment A.
b. Provide an itemized cost breakdown by vehicle for each of the 9 optional vehicles
identified in the Vehicle List attached to this RFP as Attachment A.
c. Please address pricing for future equipment purchases beyond the quantities
identified in this RFP. It is the City’s intent to have the ability to purchase
subsequent systems and installation for up to five (5) years.
d. Provide an itemized list of recommended spare parts to include description,
quantity, and unit price.
e. Provide pricing for any other services and or items not addressed above.
2. Schedule of Rates: The fee schedule will be used as a basis for determining fees
should additional services be necessary.
3. Provide annual pricing for the various level of maintenance plans available and
proposed.
4. NOTE: The Vehicle List stated in Attachment A identifies the 47 vehicles we are
anticipating for camera installations. Some of the #47-54 older Gilling buses may or
may not be replaced by the #104-112 newer Gilligs on the “Optional Vehicles” list.
Please identify any factors which would impact the cost per vehicle in the event of a
change in the quantity or type of vehicles. Attachment A Vehicle List is a snapshot
of what are known installations at the time we issued the RFP and is subject to
RFP 9090 Transfort Mobile Video Security System Page 20 of 47
change; actual deployment may vary as buses go out of service and are replaced by
others.
I. Additional Information
Provide any information that distinguishes Vendor from its competition and any additional
information applicable to this RFP that might be valuable in assessing Vendor’s proposal.
Explain any concerns Vendor may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Agreement (a sample of which is
attached in Section VI) shall be documented.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Vendors will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Vendors may be conducted.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating,
and 5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement?
2.0 Firm Capability
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope?
2.0 Assigned Personnel
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Availability
Can the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available
to assist in meeting the project schedule if
required? Is the project team available to attend
meetings as required by the Scope of Work?
1.0
Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
2.0 Cost & Work Hours
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
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Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance
Would you hire this Vendor again? Did they show
the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the Vendor responsive to client needs; did the
Vendor anticipate problems? Were problems solved
quickly and effectively?
Budget
Was the original Scope of Work completed within the
project budget?
Job Knowledge
If a study, did it meet the Scope of Work?
If Vendor administered a construction contract, was
the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
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V. VENDOR STATEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP. Additionally, Vendor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Vendor’s knowledge and belief.
b. Vendor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins
within 30 days of notice of award. If contract is not completed and signed within 30 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Vendor acknowledge receipt of addenda.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
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 , 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 ( ) page(s) and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider shall be solely responsible for performance of all
duties hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit ,
consisting of ( ) page(s), and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following execution
of this Agreement. Services shall be completed no later than . Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in a writing signed by
the parties.
4. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed ( ) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Service Provider and mailed no later than thirty (30) days prior to
contract end.
5. 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.
6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
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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:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, ($ ) as per the attached
Exhibit " ", consisting of page(s), and incorporated herein by this reference.
8. 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.
9. 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.
10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
11. 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
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RFP 9090 Transfort Mobile Video Security System Page 26 of 47
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.
12. 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.
13. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
14. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
15. 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.
16. Binding 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.
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17. 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 , 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 Purchasing Director, 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.
18. 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.
19. 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.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
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 e-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
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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.
21. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one
(1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
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EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. 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 $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Service Provider has agreed to perform, the Service Provider hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service Provider
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Program Fraud and False or Fraudulent Statements or Related Acts.
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made,
a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.
§ 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 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
(49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)
Access to Records - The following access to records requirements apply to this Contract:
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1. Where the Purchaser is not a State but a local government and is the FTA Recipient or
a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
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 agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any PMO
Contractor, access to the 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. By
definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of
their duly authorized representatives with access to any books, documents, papers and
record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract Characteristics
Operational
Service
Contract
Turnkey Construction
Architectural
Engineering
Acquisition of
Rolling Stock
Professional
Services
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I State Grantees
a. Contracts below SAT
($100,000)
None
Those imposed
on state pass
thru to
Contractor
None None None None
b. Contracts above
$100,000/Capital Projects
None unless1
non-competitive
award
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5311
None unless
non-competitive
award
None unless
non-competitive
award
None unless
non-competitive
award
II Non State Grantees
a. Contracts below SAT
($100,000)
Yes3
Those imposed
on state pass
thru to
Contractor
Yes Yes Yes Yes
b. Contracts above
$100,000/Capital Projects
Yes3
Yes Yes Yes Yes
Sources of Authority:
1
49 USC 5325 (a)
2
49 CFR 633.17
3
18 CFR 18.36 (i)
4. FEDERAL CHANGES
(49 CFR Part 18)
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the 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. CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132,
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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) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 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.
6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
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 4220.1E, 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.
7. ENERGY CONSERVATION REQUIREMENTS
(42 U.S.C. 6321 et seq. 49 CFR Part 18)
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.
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8. TERMINATION
(49 U.S.C. Part 18 FTA Circular 4220.1E)
a. Termination for Convenience (General Provision) The (Recipient) 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 (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner the
(Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the (Recipient), after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor of written notice from (Recipient) setting forth the nature of said breach or
default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate
to preclude (Recipient) from also pursuing all available remedies against Contractor and
its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies
or to perform the services within the time specified in this contract or any extension or if
the Contractor fails to comply with any other provisions of this contract, the (Recipient)
may terminate this contract for default. The (Recipient) shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. The
Contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner or performance set forth in this
contract.
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If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the Recipient.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
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 of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City of Fort Collins, the
Federal Government may pursue available remedies, including but not 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.
10. BUY AMERICA REQUIREMENTS
(49 U.S.C. 5323(j) 49 CFR Part 661)
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America
requirements in FTA-funded contracts, but does not specify the language to be used. The
following language has been developed by FTA.
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.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
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Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date ___________________________________________________________________
Signature ________________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
11. BREACHES AND DISPUTE RESOLUTION
(49 CFR Part 18FTA Circular 4220.1E)
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
(Recipient)'s [title of employee]. This decision shall be final and conclusive unless within
[ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise
furnishes a written appeal to the [title of employee]. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of
its position. The decision of the [title of employee] shall be binding upon the Contractor and
the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), 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 therefor 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 (Recipient) and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
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agree, or in a court of competent jurisdiction within the State in which the (Recipient) 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 (Recipient), (Architect) or Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
12. LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section
7, which provides that contractors file the certification required by 49 CFR Part 20,
Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C.
1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
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(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance
with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
expenditure or failure.]
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
13. CLEAN AIR
(42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18)
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et
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seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
14. CLEAN WATER REQUIREMENTS
(33 U.S.C. 1251)
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser
and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
15. CARGO PREFERENCE REQUIREMENTS
(46 U.S.C. 1241 , 46 CFR Part 381)
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use
privately owned United States-Flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, material, or commodities pursuant to the
underlying contract to the extent such vessels are available at fair and reasonable rates for
United States-Flag commercial vessels; b. to furnish within 20 working days following the
date of loading for shipments originating within the United States or within 30 working days
following the date of leading for shipments originating outside the United States, a legible
copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington, DC 20590 and to the FTA
recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include
these requirements in all subcontracts issued pursuant to this contract when the subcontract
may involve the transport of equipment, material, or commodities by ocean vessel.
16. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
of DBE subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
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 5 %.
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
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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 the 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)).
c. The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. 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 and is required to return
any retainage payments to those subcontractors within 30 days after the subcontractor's
work related to this contract is satisfactorily completed.
e. The contractor must promptly notify the 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 the City of Fort Collins.
17. RECYCLED PRODUCTS
(42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873)
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C.
6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart
B of 40 CFR Part 247.
18. ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for
Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations,
“Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines”
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
19. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or
award, including but not limited to specification or award. The protest procedures are
available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd
Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the
procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775.
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Attachment A
Vehicle List
Bus
#
Description Length # Cameras
Bus
#
Description Length # Cameras
47 Gillig 35 8 85 NABI 35 8
49 Gillig 29 8 86 NABI 35 8
50 Gillig 29 8 87 NABI 35 8
51 Gillig 29 8 88 NABI 35 8
53 Gillig 29 8 89 NABI 35 8
54 Gillig 29 8 90 NABI 35 8
60 NABI 35 8 91 NABI 35 8
61 NABI 35 8 92 NABI 40 8
62 NABI 35 8 93 NABI 40 8
63 NABI 40 8 94 NABI 40 8
64 NABI 40 8 95 NABI 31 8
65 NABI 40 8 96 NABI 31 8
66 NABI 40 8 97 NABI 31 8
67 NABI 40 8 98 NABI 31 8
68 NABI 40 8 99 NABI 31 8
69 NABI 40 8 100 NABI 31 8
73 NABI 40 8 101 NABI 31 8
74 NABI 40 8 102 NABI 60 12
75 NABI 40 8 103 NABI 60 12
76 NABI 40 8 Optional Vehicles
77 NABI 35 8 104 Gillig 40 8
78 NABI 35 8 105 Gillig 40 8
79 NABI 60 12 106 Gillig 40 8
80 NABI 60 12 107 Gillig 40 8
81 NABI 60 12 108 Gillig 40 8
82 NABI 60 12 109 Gillig 40 8
83 NABI 60 12 110 Gillig 40 8
84 NABI 60 12 111 Gillig 40 8
112 Gillig 35 8
Total Vehicles 47
Optional Vehicles 9
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Attachment B
Bus Camera Placement
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49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Civil Rights - The following requirements apply to the underlying contract:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
a) Race, Color, Creed, National Origin, Sex - In accordance with Title 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