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HomeMy WebLinkAboutRFP - 7472 MAX BRT TICKET VENDING MACHINESAddendum 1 – 7472 MAX BRT Ticket Vending Machines Page 1 of 3 ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID : 7472 MAX BRT Ticket Vending Machines OPENING DATE: 3:00 PM (Our Clock) February 27, 2013 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 – Clarification of Review & Assessment Criteria Please contact Ed Bonnette, CPPB, CPM, Buyer, Buyer at (970) 416-2247 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 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 Addendum 1 – 7472 MAX BRT Ticket Vending Machines Page 2 of 3 Exhibit 1 – Clarification of Review & Assessment Criteria V. Review and Assessment Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. 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/Technical Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? Is the system compatible? Is the system reliable? Does the system meet the technical requirements? 2.0 Assigned Personnel/Quality Assurance Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? Is there system support? What is the quality assurance program? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are spare parts available? What is system support after installation? 1.0 Maintainability The ease with which Equipment can be maintained by City maintenance staff, including the normal replenishment of consumables, periodic/preventive maintenance, and repairs if the equipment fails. 2.0 Price and Other Financial Impacts What is the price of the units? What is the maintenance cost, warranties, and other costs to run the system? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done have systems in operation in other similar sized agencies? Financial strength and resources? Record of performance of other contracts? Addendum 1 – 7472 MAX BRT Ticket Vending Machines Page 3 of 3 Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would install this system again? Have you had any warranty issues? Timetable Was the system delivered and installed on time? Completeness Was the system delivered as promised? Were there any other problems with the system? Were problems solved quickly and effectively? Budget Was the original order completed within the agreed upon price? Job Knowledge Was this company fully capable of performing as agreed upon? RFP 7472 MAX BRT Ticket Vending Machines Page 1 of 72 REQUEST FOR PROPOSAL 7472 MAX BRT Ticket Vending Machines The City of Fort Collins is requesting proposals from qualified firms for the purchase of 21 Ticket Vending Machine units with option to purchase an additional 15 TVM units within five years of the awarded contract date. In the event the City exercises the option to purchase the total number of TVMs will not exceed 36 units.. Proposal submission via E-mail is preferred. Proposals should be submitted in Microsoft Word or PDF format and emailed to purchasing@fcgov.com. If submitting hard copy proposals, six (6) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), February 27, 2013 and referenced as Proposal No. 7472. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. The City has an overall DBE goal of 9.9%; however, no specific goal has been set for this project. Questions concerning the scope of the project should be directed to Project Manager, Craig Dublin at (970) 224-6196 or cdublin@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Buyer, Buyer, at (970) 416-2247 or ebonnette@fcgov.com. Any questions must be submitted via email to the Project Manager and Buyer by the end of the business day on February 15, 2013. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price 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 7472 MAX BRT Ticket Vending Machines Page 2 of 72 information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7472 MAX BRT Ticket Vending Machines Page 3 of 72 TABLE OF CONTENTS I. DEFINITIONS ......................................................................................................................................... 4 II. SCOPE .................................................................................................................................................... 6 2.1 Project Background ....................................................................................................................... 6 2.3 System Operators and Users ........................................................................................................ 10 2.4 TVM Procurement......................................................................................................................... 10 2.5 Contract Deliverables Requirements List ..................................................................................... 10 2.6 TVM Project Scope and Option for Additional Unit Purchase ...................................................... 11 III. TVM Functional Requirements ........................................................................................................... 12 3.1 TVM Credit Card Transactions ...................................................................................................... 15 3.2 Customer Interface Requirements ............................................................................................... 15 3.4 Installation .................................................................................................................................... 17 3.5 Training and Documentation ........................................................................................................ 18 3.6 Technical Requirements ............................................................................................................... 23 3.7 PROJECT MANAGEMENT .............................................................................................................. 28 IV. SUBMITTAL REQUIREMENTS .............................................................................................................. 33 Vendor Statement .............................................................................................................................. 35 V. Review and Assessment ...................................................................................................................... 36 VI. FEDERAL TRANSIT ADMINISTRATION ................................................................................................. 38 Federally Required and Other Model Contract Clauses ..................................................................... 38 VII. SAMPLE SERVICES AGREEMENT ......................................................................................................... 50 APPENDIX A ‐ COST SUMMARY SHEET ........................................................................................................ 60 APPENDIX B – PROPOSED SYSTEM SUMMARY ........................................................................................... 63 ATTACHMENT A .......................................................................................................................................... 68 ATTACHMENT B .......................................................................................................................................... 72 RFP 7472 MAX BRT Ticket Vending Machines Page 4 of 72 I. DEFINITIONS Acceptance Testing: A formal process of proving to City that all Work, or a specified portion thereof, under Contract has been completed to the specification requirements and submitted to City for approval. Acceptance: Written documentation attesting to the act of an authorized representative of City, by which all Work or specified portion thereof, under the Contract has been identified as complete to the specification requirements. Alarm: An audible and/or visual indication of a faulty condition. Approved/Approval: Written approval by the Project Manager unless contract document specifically states otherwise. Assembly: A combination of subassemblies or components that form a subset of equipment. Audit: An examination of records or accounts to verify accuracy and status. Authentication: A technique to confirm the identity of a computer system. Baseline Design: The design of the Advanced Traveler Information System or any of its assemblies, components, devices, systems, subsystems, or materials that has received both drawing approval and First Article approval by City. All design modifications made past the establishment of the design baseline shall be considered design changes. Contractor(s) Drawings: Items such as detail drawings, graphs, diagrams, and sketches which are prepared by the Contractor to detail its work. Contractor Quality Assurance/Quality Control: The quality assurance and control program established and maintained by the Contractor that ensures compliance with the Contract requirements. Calculation: Numerical computations based on actual field conditions performed to demonstrate compliance with the Technical Specification. Contract Deliverables Requirements List (CDRL): List of all Contract Deliverables. Certified Inspection Reports: Reports signed by the Contractor inspector(s) attesting that items inspected meet the specification requirements other than any exceptions included in the report. The Contractor shall also have inspection reports that are certified as true by the Contractor Project Manager. Certified Test Reports: Reports of test signed by a qualified professional or City employee attesting that tests were performed in accordance with the test method specified. The test results reported are accurate, and that items tested meet or fail to meet the stated minimum requirements. Comment: Written critiques of the Contractor’s submittals to City. Commercially Available: All Contractor supplied equipment, subsystems, assemblies and/or components that do not require any modifications to meet the functional and performance requirements of this Contract and that are available from more than two sources. Component: A piece or part of an Assembly or Subassembly such as a mechanical part, electrical part, or support structure that is combined with other components to form an Assembly. RFP 7472 MAX BRT Ticket Vending Machines Page 5 of 72 Contracting Administrator: An official of City authorized and empowered to execute contracts, modifications, and agreements on behalf of City. Days Working: Those calendar days during which regular business is conducted, excluding Saturdays and Sundays and all City-observed federal, state, and municipal holidays. Design baseline: See Baseline Design. Equal: Whenever the words “equal” or “approved equal” are used in connection with make or quality of material or equipment in these Contract Documents, the Contracting Officer’s decision as to whether any material or equipment proposed is equal to that specified shall be binding and final on both the Contractor and City. Failure: The inability of a component, assembly or a piece of equipment to function as designed and/or specified. Failure Rate: The frequency of failure, expressed as failures per unit of time (in hours). Inspection: Examining, analyzing, or sampling equipment or workmanship, including appropriate raw materials, components, subassemblies, and assemblies to determine conformance to stated requirements. Installation Inspection and Testing: Inspection that takes place after all installation activities are complete. Installation test is the process of confirming that the equipment functions at the same level as prior to shipping from the Contractor’s manufacturing facility. Maintainability: The ability of Equipment to be maintained by maintenance staff, including equipment and components that require maintenance. Off-line: Not connected to a telephone or other communications network. On-line: Connected to a telephone or other communications network. Product Data: Illustrations, standard schedules, performance charts, instructions, brochures, diagrams, instructions, warnings, and other information furnished by the Contractor to illustrate or explain the fabrication, assembly, installation, maintenance, or operation of materials, equipment, or some portion of the work. Production baseline: The design and fabrication specifications of the TVM equipment or any of its components, subassemblies or materials of which the First Article Testing has been approved by City. Any modifications made to production units after the production baseline has been established will be considered a design/construction change. Production Inspection and Testing: The Inspection activities that occur during the production process of the TVM equipment and testing activities that occur prior to shipment of the equipment to City’s work site. Quality Assurance Audit: Audit performed by City or its representative to ensure the elements of the Contractor’s Quality Assurance plan are being followed. Quality Control Inspection and Tests: Inspections and tests performed for the purpose of monitoring the quality of products and performance of the Contractor. Reliability: The probability of performing a specified function without failure and within design parameters for the period of time under actual service conditions. Service Proven: Identical or near identical equipment which has demonstrated successful operation in a transit industry environment similar to that anticipated for City. RFP 7472 MAX BRT Ticket Vending Machines Page 6 of 72 Shop Drawings: Drawings or sketches prepared by the Contractor for use in its manufacturing facility, assembly facility, or shop to fabricate, assemble, and/or install parts of the TVM equipment, whether manufactured from raw materials or purchased from others in a ready-to-use condition. Specialized shop-level test equipment: Diagnostic and test equipment furnished by the Contractor for the purpose of testing, troubleshooting, and calibrating electrical, mechanical, and electromechanical components of TVM in a shop environment. Such equipment is not intended for use in the field. State: The State of Colorado. Subassembly/Subsystem: Two or more components combined into a unit for convenience in assembling or servicing equipment. A subsystem comprises functional elements interconnected within a system to perform a specific function, such as a display, display controller, or control system. System: When used alone, all TVM equipment, data processing system, and computer equipment to be procured under this Contract. Tamper Resistant: Items are designated as tamper resistant when they cannot be easily loosened, opened, or penetrated by hand or with commonly available tools such as a flat blade or Phillips screwdriver or pliers. Ticket Stock: Commercially available paper rolls with a multi-color print format that can be vended as a single-issue ticket. Tight (used as suffix): Apparatus or enclosures are designated as watertight, dust-tight, etc., when so constructed that the enclosing case will exclude the specified material and is manufactured and rated according to an industry standard such as NEMA. Time-out: When a prescribed amount of time has elapsed during which a specified action has not occurred. Upgrades: Performance improvements or enhancements to hardware, software, or firmware. Upgrades include both hardware and software, as long as fit, form, and function can be complied with. Upgrades that require design changes necessitate a change order. Work Site: The area identified as City Right of Way necessary for the installation of the equipment being provided under the contract. II. SCOPE This section outlines System Goals and Objectives and the minimum functional requirements that shall be obligated and deliverable by the successful Contractor of this RFP. Please fill out all requested information and explanations in the scope of work and appendices. 2.1 Project Background The City of Fort Collins initiated the fixed route Transfort bus system in July of 1974. Service began with 4 buses on 3 routes. Service was provided mainly in the downtown area. Today the Transfort bus system is comprised of 35 buses and 19 routes which provide service throughout the city limits and areas of Larimer and Boulder Counties. A regional route called Flex serves as a connection to surrounding communities. RFP 7472 MAX BRT Ticket Vending Machines Page 7 of 72 In 2011, Transfort had an average ridership of 7,000 each service day with an annual total of 2,156,775 passenger trips. In 2011, Transfort provided 995,858 revenue miles and 77,356 revenue hours. Transfort hours of revenue operation varies by route, but generally run Monday through Saturday from 6:30 a.m. to 6:30 p.m. Transfort currently has over 460 bus stops and 2 transit centers. Construction is expected to be complete on a 3rd transit center in the fall of 2013. Transfort employs 70 fixed route bus operators and 25 administrative staff. Magnetic stripe fare cards and card-stock “day passes” and tickets are available for purchase at two transit centers. Full fee paying students of Colorado State University (CSU) are able to use their smart cards issued by the university to board fixed route buses using a custom fare validation system. The MAX Bus Rapid Transit (BRT) service which is projected to begin in spring of 2014 will have 20 platforms or stops and provide bus service across the north-south spine of Fort Collins partially on a separated guideway and partially in mixed-flow traffic on City streets. It is anticipated that MAX BRT service will run from 5:00 a.m. to 12:00 a.m. Monday thru Saturday. Construction started summer of 2012 with testing and integration of all project components expected in fall/winter 2013 and the start of revenue service in the late spring of 2014. Ridership on the MAX BRT corridor is projected at 1.25 million rides annually. In support of the MAX BRT service, the City of Fort Collins seeks to purchase twenty-one (21) automatic ticket vending machines (TVMs) from a qualified contractor to be installed and tested by the contractor at the platforms and transit centers at twenty (20) MAX BRT corridor locations and associated spare parts. The City of Fort Collins will operate the TVMs and will be the sole contracting entity for the contractor’s services. 2.2 TVM Concept of Operation The City of Fort Collins seeks to purchase a customer-friendly, fast, efficient and easy to maintain ticket vending system to support the MAX BRT service. In order to assist contractors to understand and provide adequate proposals to meet the City requirements, this summary of the City’s concept of operation is being provided. This summary is divided into the following sections: 2.2.1 Fare Media In order to minimize costs and increase ease of use for the customer, the City intends to implement a TVM solution that will vend paper tickets using ticket stock. At a minimum, the City wishes to implement single ride tickets as well as tickets that are valid for selectable date ranges. New ticket types should be configurable within the administration software to allow for ticket type and fare rate changes. Single ride tickets will be used on the MAX BRT system and multi-day tickets vended using selectable date ranges will be valid on the MAX BRT and Transfort systems. In addition to single ride tickets, the City seeks a TVM solution that will fully integrate with the current Transfort fare system. In order to support the integration of these passes into the MAX BRT system, TVMs should be capable of encoding, stamping a date/time stamp and vending magnetic stripe fare cards that are fully compatible with the Transfort GFI RFP 7472 MAX BRT Ticket Vending Machines Page 8 of 72 Cents-A-Bill fareboxes. 2.2.2 Payment Options The City intends to allow passengers to pay fares using cash or credit card. Change should be dispensed for cash payments as applicable. Credit card payments are anticipated to be processed using the City’s credit card processing vendor. The City of Fort Collins currently uses PayPros for credit card processing. In order to provide for consistent credit card handling throughout Fort Collins City government and to leverage the City’s enterprise licensing, the awarded contractor will ideally interface with PayPros as well as any future credit card processing providers to be determined by the City Information Technology (IT) department. 2.2.3 Refunds In order to minimize inconvenience to customers as well as to mitigate the need for additional City staff resources, optimally TVMs should have a mechanism for cancelling transactions before completing the sale. Cash refunds should be made at the time of the purchase if the passenger cancels the transaction. Cancelled transactions when using a credit card should either send a refund back to the credit card or simply cancel the credit card transaction before charges have been made to the passenger’s account. While the City will consider solutions that do not meet this expectation in its entirety, contractors should provide a detailed description of how their solution will handle refunds. 2.2.4 General Boarding The intent of BRT is to allow passengers to purchase tickets prior to the arrival of their bus and to board freely using a ticket they have purchased or other acceptable City fare media. These additional forms of acceptable fare media include City issued transfer slips, single ride tickets and magnetic stripe fare cards. In addition, valid identification cards from CSU will be accepted. The City intends to schedule enforcement officers at random intervals to verify that passengers on board BRT vehicles have valid tickets. Enforcement officers will check passengers’ tickets to verify the date and time stamps on tickets and will visually verify the alternative acceptable fare media defined earlier. In the event that TVMs are unable to complete transactions due to maintenance, power or connectivity failures, City staff will allow passengers to ride without tickets. Therefore, robust solutions that minimize downtime are optimal. 2.2.5 Management Control System (MCS) The City intends to implement a TVM solution that provides for an MCS to continuously monitor TVM status and security, to download and store sales and maintenance data from credit card and cash transactions and to upload changes to TVM operations and customer interface. The MCS should be installed (if applicable) on servers provided by the City at the server room at City Hall West. RFP 7472 MAX BRT Ticket Vending Machines Page 9 of 72 The City IT department uses virtualized servers wherever possible and the MCS should be capable of running on a virtual server. Hosted solutions not requiring the use of City network servers will not be considered. MCS client software (if applicable) should be installed on a minimum of three (3) system administrator computers at the Transfort Maintenance Facility. 2.2.6 Network Connectivity The City is providing network connectivity at all station platforms using Ethernet. TVMs should use this network connectivity. All network connections will be required to be behind a City maintained firewall and therefore, TVM transactions should be capable of being configured for use behind a firewall. The City uses a Check Point 12400 appliance as the security gateway. Communications links from TVM locations to the control center will be supplied by the City. Please see Attachment A for the Check Point 12400 security appliance specifications. 2.2.7 Reporting The City expects to access standard reports from the awarded contractor. The expectation is to access reports in both PDF and MS Excel formats. The City expects that the data will meet standards for statistical and accounting validity. TVM Id number, Transaction time, date, payment type and ticket type should be available in detail within one hour of transaction times. Ideally, reporting software will allow for grouping aggregates such as “per TVM Id”, “per date”, “per time”, “per payment type”, “per ticket type” and will also allow for filtering by these same attributes. The City routinely imports data from all its transit technology data sources into MS SQL Server database. Optimal solutions will allow for data import from the MCS source data to a SQL Server database through Open Database Connectivity (ODBC) or other similar data import methodology. 2.2.8 Maintenance The City seeks to mitigate the need to hire additional maintenance staff to service TVMs. Therefore, a maintenance agreement that would provide for routine preventive maintenance and also provide for local support for system failures is desired. However, the City is prepared to provide and/or offset part of this request by training City maintenance technicians on the maintenance of the TVMs should this option not meet other City priorities or contractor capabilities. 2.2.9 Cash Handling The City intends to enter into contractual agreements with local armored car security services to provide for cash recovery and replenishment. Security guards replenish coin and bill dispensers and will empty cash vaults into a secured receptacle and replace the empty vaults into the TVMs. Cash will then be transported to Transfort Maintenance Facility for counting and deposit. In addition, City staff will be assigned to fill ticket stock on a periodic basis. RFP 7472 MAX BRT Ticket Vending Machines Page 10 of 72 2.3 System Operators and Users While Transfort is the City department responsible for operating MAX BRT, multiple City departments are involved in the deployment, operation and maintenance of TVM. Teams involved include but are not limited to, Transfort Administration, Transfort Operations, Finance Department and Information Technology (IT) department. In addition, City contractors and MAX Construction Management team will be involved in the initial deployment of all components of MAX BRT including TVM. 2.4 TVM Procurement The City of Fort Collins seeks a system that provides passengers with self-service ticket vending, allows for payment by cash or credit card, vends a simple fare media option and provides management and accounting data for reconciliation. Installation, warranty, on-going maintenance and future options are all important features that will be required as part of the scope of work. The intention of this request for proposal and its scope of work layout are to give each proposal an equitable review and comparison. The costs summary sheet in Appendix A to be filled in is a critical piece of the proposal. Please complete to the best of your ability to ensure full consideration of your proposed system. The ongoing support costs are considered critical to the selection process. The proposed system summary in Appendix B is provided as an aide to ensure you have completed all of the areas requiring a response. A complete proposed system summary will be considered critical to the selection process. Proposers shall describe the appropriate system architecture for the TVMs. This architecture shall represent a fully integrated collection of distinct systems, subsystems, and components linked by standard, non-proprietary, or third party supported data communications protocols. Provide diagrams as necessary to convey your proposed solution. A detailed technical response is requested in Appendix B under section 3.8 Technical. Written proposals will be evaluated by an RFP panel including City staff and/or City contractors. The top rated proposers may be invited to present during an oral interview to be arranged by City staff. 2.5 Contract Deliverables Requirements List The Contract Deliverables Requirements List describes contract deliverables. The deliverables will need to meet the criteria set forth under each section and will need to meet the schedule and milestones as outlined in the agreed upon CDRL 701, “Project Management Plan”. CDRL Requirement Section Reference Description 601 3.6.1 Technical Overview 602 3.6.15 Software Design and Documentation 603 3.6.15 Commercial Software List 701 3.7.2 Project Management Plan 702 3.7.3 Project Schedule 703 3.7.5 Monthly Progress Reports 704 3.7.7.2 Preliminary Design Review Package RFP 7472 MAX BRT Ticket Vending Machines Page 11 of 72 705 3.7.7.3 Final Design Review Package 807 3.5.3 Training Program Plan 808 3.5.8 Training Materials 2.6 TVM Project Scope and Option for Additional Unit Purchase The City seeks to purchase twenty-one (21) TVMs from the selected contractor with options to purchase up to fifteen (15) additional machines for future implementation within five (5) years of the contract award date. Also under this section; tell us what escalator index you will use to determine annual price adjustment (if any) over the course of the five year Option Period. TVMs provided under this contract shall be capable of being used at the station locations listed below, all of which are exterior, weather exposed locations at the various platforms: Station Name Platform Type # of TVMs South Transit Center Center 2 Harmony Center 1 Troutman Center 1 Horsetooth Center 1 Swallow Northbound Side 1 Swallow Southbound Side 1 Drake Center 1 Spring Creek (Bay Farm) Northbound Side 1 Spring Creek (Bay Farm) Southbound Center 1 Prospect Center 1 University Center 1 Laurel Northbound Side 1 Laurel Southbound Side 1 Mulberry Northbound Side 1 Mulberry Southbound Side 1 Olive Northbound Side 1 Olive Southbound Side 1 Mountain Northbound Side 1 Mountain Southbound Side 1 Downtown Transit Center Side 1 Total 21 2.6.0 Assignability All or part of the optional 15 TVMs and their associated Deliverables may be assigned to other qualifying public agencies at any time during the course of this resulting Services Agreement. The City understands and agrees that any units hereby assigned to another agency reduces the optional total of fifteen (15) additional units available for purchase by the City under the terms of this Agreement. 2.6.1 Delivery Schedule Procurement of TVMs is a key component to the overall success of the MAX BRT Project. TVM installation is part of the critical path of the construction of RFP 7472 MAX BRT Ticket Vending Machines Page 12 of 72 platform stations along the MAX BRT guideway. In order to ensure success, the following schedule must be followed:  Anticipated date of Signed Contract – between 3/15/2013 and 4/1/2013  Fabrication – 6/1/2013 thru 9/1/2013 (16 weeks)  Delivery to Site – Must Be No later than 10/15/2013  Installation and Testing – 10/15/2013 thru 11/15/2013  Full Integration Follow Up – 2/1/2014 2.6.2 Installation Twenty-one (21) TVMs purchased as part of this contract will be installed by the contractor throughout the City MAX BRT system. The contractor will furnish spare parts, manuals, tools, keys, test equipment, testing and integration, operations and maintenance documentation and design drawings, training, technical assistance, and warranties. Site preparation for TVM installation will be by the City or a City contractor. Site preparation includes concrete pad or floor sufficient for floor loading, access via conduit to required electrical power, and access by Ethernet. As part of this contract the Contractor will install software and hardware in multiple locations, including in desktop computers, in virtual servers, in vehicles and in transit centers. Coordination with the City’s construction management team and contractors will be required. 2.6.3 Standards The system(s) delivered as part of this project must be in compliance with nationally relevant standards such as the National Transportation Communications for ITS Protocol (NTCIP) and the Transit Communications Interface Profiles (TCIP). The proposed system must also conform to the Colorado Department of Transportation Region 4 ITS Plan. All equipment will meet all Local, State, and Federal regulations for safety and environmental control. III. TVM FUNCTIONAL REQUIREMENTS This section details the various functional requirements of the TVM system. Options, where noted, are requested for pricing as well as to provide alternative methods of delivery for specific subsystems identified. Options will be considered for initial and/or future implementation. Please note that options are not required. 3.0.1 Implementation The contractor shall be responsible for providing a complete, fully operational and integrated TVM system. The City will provide the communications network, Ethernet and electrical power connections to the TVM locations. The Contractor shall provide power requirements and type for each TVM. The Contractor shall provide a self-contained battery back-up or UPS device as noted in section 3.6.12. 3.0.2 TVM Description Contractors shall fully describe the planned TVM system architecture RFP 7472 MAX BRT Ticket Vending Machines Page 13 of 72 including all components, sub-components, and interfaces. Failure on the part of the City to specify precisely each and every item necessary for the system to function shall not relieve the contractor of total system responsibility. 3.0.3 Media Vend single-issue tickets on commercially available ticket stock with a three color print format. In addition, it is preferable that TVMs will be capable of encoding and vending magnetic stripe fare cards that are compatible with Transfort fareboxes. 3.0.4 Media Design Tickets will have a clearly printed date and time stamp, payment amount and expiration date and/or time. Tickets will display City approved logo. TVMs will be capable of utilizing at least one of Transfort’s magnetic stripe fare card designs (e.g. Regular Monthly). Example of Transfort magnetic stripe fare card provided in Attachment B. 3.0.5 Ticket Stock and Magnetic Fare Cards *Option As an option, the City will consider procuring one year’s supply of ticket stock. The contractor shall provide pricing for lots of 20,000 tickets to be sold up to a total of 100,000 tickets. In addition, the contractor shall provide pricing for up to 5,000 magnetic stripe fare cards to be encoded by the TVM. *This section is an option; not a requirement. 3.0.6 Electronic Fare Media *Option The City will consider options for the vending and distribution of electronic fare media. If this method is chosen, electronic fare media should maintain debit and credit balances. The City currently sells passes at two transit facilities and multiple retail establishments (e.g., grocery stores). The City also sells passes directly to employers and other agencies for promotional programs. This involves City employees visiting employer and agency sites. Contractors may propose methods/options to comply with this section. *This section is an option; not a requirement. 3.0.7 Electronic Smart Cards *Option As an option, the City will consider electronic smart card processing units designed to issue, recharge and validate electronic smart cards for future implementation. If a smart card system is proposed and implemented, the contractor will provide hardware and software to support implementation of the ISO 14443, Type A and/or B, smart card related functions. *This section is an option; not a requirement. 3.0.8 Fare Set Configuration Ticket types and sale prices will be established by the City, and maintained in the MCS. RFP 7472 MAX BRT Ticket Vending Machines Page 14 of 72 3.0.9 Fare Set Download and Deployment The MCS shall download fare changes in the TVMs. The Contractor shall provide a method to automatically adjust its fare table and visual displays to be able to vend the designated tickets at the correct price, and on the correct media. 3.0.10 Data Access to TVMs Each TVM shall be equipped to be capable of communicating with the MCS via a hard-wired Ethernet cable, local access network (LAN) and shall be equipped with all necessary communications hardware and software to meet the City requirements. 3.0.11 Cash Acceptance TVMs shall accept cash as payment, including valid US bills ($1, $5, $10, $20) and US coins (5¢, 10¢, 25¢, $1SBA) in circulation. 3.0.12 Change Dispensing TVMs shall dispense US coins (5¢, 10¢, 25¢, $1) as change. 3.0.13 Cash Return TVMs shall return cash inserted as payment using US coins (5¢, 10¢, 25¢, $1) if the transaction is canceled prior to completion of the sale. 3.0.14 Ticket Issuance Print tickets with date and time stamps onto ticket stock. Print and magnetically- encode and initialize time based magnetic stripe fare cards from a minimum of three types of loaded stock, including stocks of paper fan-fold or roll magnetic stripe fare cards and stock of plastic or 'poly' diecut magnetic stripe fare cards. 3.0.15 Data Storage and Retrieval Record and store all transaction data for up to 30 days prior to download. Contractor shall supply a remote data transfer method using the MCS that enables an administrator to query transactions from individual TVMs. In addition to remote data access, Contractor shall supply a means to transfer data by manual methods using a portable device such as a laptop or other form of manual data retrieval. If alternate data storage is used such as a cloud-based solution, please describe how the proposed solution will ensure safe storage of all transactional data. 3.0.16 Alarms Immediately transmit alarms to the MCS, and other locations as provided by the City. Alarms should indicate change in status, security breaches or tampering and system failures. This should include text and/or email messages to City staff. All changes in system status and TVMs capability shall be reported to the MCS. If the change of status is attributable to a communications failure, then an alarm shall be triggered and the TVMs shall report its status until the error is solved. RFP 7472 MAX BRT Ticket Vending Machines Page 15 of 72 3.1 TVM Credit Card Transactions As described in section 2.2.2, the City of Fort Collins seeks to take advantage of the existing, enterprise credit card processing system (PayPros). Requirements in the following sections assume that the proposed solution integrates with the PayPros solution. The City will also require the contractor to work with the City to integrate TVM software with future credit card processing contractors. The cost for performing the required coordination will be negotiated as a contract change. 3.1.1 Credit Cards Accepted Accept major credit cards (American Express, Discover, MasterCard, VISA). 3.1.2 PCI DSS Compliance The Contractor shall certify that all systems provided are in compliance with the Payment Card Industry Data Security Standard (PCI DSS). 3.1.3 Real Time Processing Credit card transaction shall be sent for authorization in real time. The TVM will not process credit card transaction off line. 3.1.4 Cancellation Prior to Sale TVMs shall have a mechanism for cancelling credit card transactions prior to completion of the sale. Cancelled transactions should not be charged to the credit card. 3.2 Customer Interface Requirements 3.2.1 Design The TVMs shall be designed with an exterior that enables patrons to easily identify the units’ functions. All controls, primary instructions, and patron interface display and inputs shall be on a common front face of the enclosure. 3.2.2 Back-lighting The TVMs shall be equipped with a back-lighting fixture or other feature to illuminate the front user interface of the TVMs. The fixture shall provide a level of back-lighting or other means of illumination sufficient for instructions and other items on the front of the TVM to be easily read by the patrons. Back-lighting shall be at least one foot candle. 3.2.3 Glare The user interface shall be legible when exposed to AM or PM direct sunlight and should not wash out due to solar glare. 3.2.4 User Interface The TVMs shall be designed to ensure the safe, reliable, predictable, and simple interface with patrons and maintenance/servicing personnel. By following instructions given on the equipment, a first time patron must be able to quickly understand all types of ticket purchase options. RFP 7472 MAX BRT Ticket Vending Machines Page 16 of 72 3.2.5 Interface Selection The display screen shall indicate amount due upon selection by the patron of ticket type and quantity. The remaining amount due from the patron shall be continuously updated by the amount of fare inserted and accepted by the TVMs. Instructions shall be contained on the front panel of the TVMs to clearly indicate each step a patron must follow to choose and purchase a ticket or tickets. 3.2.6 Information Display All text messages and information that is displayed on the display shall be capable of being easily modified by the City via the network or manually via connection to a laptop or removable media such as a flash drive. 3.2.7 User Instructions The sequence of steps shall be clearly indicated using graphics and symbols. 3.2.8 Selection Buttons The TVMs shall include one or more selection buttons to toggle the display and the voice message system between English and Spanish. Displayed and audio messages shall be as closely translated between languages as possible. 3.2.9 User Interface ADA Compliance The TVMs shall be compliant with the requirements of ADA section 707 Automatic Teller Machines and Fare Machines. This applies to all aspects of the user interface including displays, keypads, audible voice instructions and the physical layout of the controls on the face of the TVM. The voice system shall utilize digitally recorded and stored human speech, not computer synthesized speech. Messages shall be in English and Spanish. All voice messages shall be submitted to the City for approval prior to final acceptance of the TVM system. 3.3 TVM Security and Access Control 3.3.1 Design Security The design shall discourage and minimize theft of TVMs when properly mounted and installed, resist unauthorized entry, discourage tampering, and minimize the effects of vandalism and theft. 3.3.2 Interior Access Several levels of security to include front door locking, high decibel alarm systems upon break-in, smart card employee access control and real-time alarm reporting via the MCS shall be provided for access to the interior of the equipment for maintenance, revenue servicing, and money processing. 3.3.3 Cash Vault(s) The cash vault(s) shall be locked, secure and designed such that there will be no access to cash while in revenue service. When removing the cash vault(s) it shall disengage in a closed, locked secure manner. The cash vault(s) shall be keyed RFP 7472 MAX BRT Ticket Vending Machines Page 17 of 72 such that the key to remove the vault(s) from the cash acceptor shall be different from the key that allows access to cash. The TVMs shall allow for the cash vault(s) to be emptied on the station platforms into a secured receptacle and placed back into the TVMs. 3.3.4 Intrusion Alarms Intrusion alarms shall be audible at each unit and transmitted over the MCS in the event of any intrusion, tampering or unauthorized access whether during revenue service or servicing. 3.3.5 Mounting Each station provides a recessed opening in a building wall that is 3’-3”W x 6’- 10”H x 2’-5”D. The base of the opening is a concrete slab with conduit stub-ups. The TVMs shall be securely mounted to the concrete slab. The TVM mounting shall be such that the units are vandal resistant and difficult to remove without specialized tools and equipment. The City will fabricate a sheet-metal infill panel to fill in the space between the exterior of the TVM and the perimeter of the recess opening. The TVM shall be designed to allow the infill panel to be fastened to or supported by the edge of the TVM to secure the space from unauthorized access. However, said fastening systems shall be capable of being disengaged if the TVM needs to be removed from the recess for repair or replacement without requiring the infill panels to be removed. 3.4 Installation 3.4.1 TVM Installation The contractor will be responsible for installation of twenty-one TVMs. Installation will involve coordination by the contractor with the City and City contractors responsible for construction and finish of stations. The contractor shall inform the City within five (5) business days of any issues requiring attention or coordination with these and other contractors. 3.4.2 Design Space The MAX BRT station design includes space for a TVM, 3’-3”W x 6’-10”H x 2’-5”D. The TVMs must fit within this space. 3.4.3 Ethernet Connection and Electrical Power The City will provide readily accessible connections for electrical power and data transmission (Ethernet cable). TVMs will be required to utilize these utilities. 3.4.4 Installation Responsibilities The contractor, as installer of the TVMs and associated equipment, shall be responsible for protecting all utilities, stations, platforms, and other City property, streets, and private property, and shall repair any damage to same at contractor’s expense during installation. RFP 7472 MAX BRT Ticket Vending Machines Page 18 of 72 The contractor shall be responsible to provide any traffic control associated with delivery, staging and installation of their equipment. All traffic control plans must be submitted to the City for review/approval approximately three weeks prior to the dates they are needed for installation. The contractor shall be responsible for shipping, storing and insuring the equipment before installation and acceptance and will provide the City with the appropriate insurance. 3.5 Training and Documentation The Contractor shall provide a program to educate, train, and teach personnel in all details of the installed equipment to the subsystem and component level, as required to enable personnel to operate, service, and maintain the equipment satisfactorily. Maintenance includes the possibility of removing a non-working TVM from an installed location and installing a spare unit in its place so that the non-working unit can be repaired in a shop environment. Classroom sizes shall allow all trainees to have one- on-one training with equipment and software. The Contractor’s training program shall include classroom training given by the Contractor’s staff. The Contractor shall provide a minimum of 48 hours of classroom training. These hours shall include training for administration, operations, maintenance and IT functions. The training shall be designed to be delivered by an instructor in the classroom and, when appropriate, in the field or shop when actual equipment is used. Classroom presentations may be videotaped for use as a training tool in subsequent training sessions. The Contractor’s program shall include formal and informal instruction, models, manuals, diagrams, and component catalogs. All materials used in the programs, such as models, manuals, mock-ups, and drawings, shall be of durable construction and shall become the property of the City. Training materials shall be updated as required during the course of instruction. The Contractor shall assume that City staff does not have knowledge of any TVM features. However, the Contractor may assume that personnel have the basic skills pertinent to their crafts. Throughout the contracted maintenance term, the Contractor shall provide course updates of any type as needed. 3.5.1 City - Furnished Training Related Items Training may be administered through a combination of resources to include City provided classroom space, video-conference and/or in manufacturer provided classroom space. Video-conference training will only be acceptable for MCS and System Administrator training. Maintenance training must be provided in a classroom setting or at the factory. If City staff travel is involved, the City will provide the travel expenses for selected staff. If training is provided at a City furnished location or performed remotely via video conferencing, the City will provide the training-related items listed below. The Contractor must submit requirements for such City-supplied items to City at least three (3) weeks prior to scheduled start of training. RFP 7472 MAX BRT Ticket Vending Machines Page 19 of 72  Space for classroom lectures and practical training on equipment will be furnished by City. The location and class times will be set by City.  Equipment such as projectors, screens or DVD players, and similar equipment used during the training will be furnished by City. 3.5.2 Use of Actual Equipment as Training Aids The Contractor may use actual equipment or spare parts furnished under the Contract for use as training aids in lieu of mock-ups and for demonstration of and practical exercises in adjusting, testing, disassembly, and assembly of equipment. However, the Contractor shall be responsible for ensuring that such parts are not damaged or modified in any way. In addition, these parts must pass re-inspection and acceptance tests after return to the City. 3.5.3 Training Program Plan The Contractor shall submit a Training Program Plan in accordance with the criteria outlined below (CDRL 807, “Training Program Plan”). In addition, City staff or its representatives shall have the right to request and receive instruction regarding the operations and maintenance of all provided equipment, from the Contractor, at any time as part of the training process. 3.5.4 Description A narrative description that documents the design for training City staff shall be developed. City staff to be trained includes operations and administration managers, shift supervisors, repair personnel, IT, and trainers. The description for each training program shall include the following: 1. Performance objectives that state the expected behavior, the conditions under which performance will occur, and the measures and standards to be applied 2. The sequence of learning activities 3. An outline of the content 4. Learning strategies to be used (e.g., classroom presentation, hands-on practice, paper and pencil exercises, etc.) 5. Methods and criteria for evaluating performance, including an objective grading system to report progress of trainees during the training 6. Resources required, such as equipment, shop space, projectors, screens, etc. 7. Approximate hours required for training, including classroom and hands-on instruction. 3.5.5 Training Delivery Schedule A schedule based on the number of hours of instruction shall be developed. The training delivery schedule shall include the following information: 1. Title of the program 2. General description of the program RFP 7472 MAX BRT Ticket Vending Machines Page 20 of 72 3. Intended audience 4. Size of the audience 5. City facilities required (e.g., classroom size if applicable) 6. Sequence of classroom and hands-on instruction and estimated hours required for both 7. Number of sessions 8. Any other information that will facilitate planning for and delivery of the training programs 3.5.6 Contractor’s Training Experience A brief statement of the experience of the Contractor’s department having prime responsibility for preparation and implementation of the programs and qualification of the assigned personnel shall be included. Contractor Trainers shall consist of field experienced personnel who have hands on knowledge of the provided system. Resumes of all trainers shall be provided to City no later than 60 days prior to training commencement. The City reserves the right to request changes in the proposed training staff with no extra expense to the City. 3.5.7 Training Courses The Contractor shall provide a series of courses designed to train managers, customer service representatives, system administrators, maintenance, and IT personnel on the TVM operations and simple maintenance. The Contractor shall provide the City a course description of each course as part of the training program deliverable. All provided training courses shall be accompanied by training manuals, guides, training aids, student and instructor workbooks, and operator and maintenance manuals. All training classes will be scheduled by the City and will not take place before the TVMs are installed on site. A plan for training City trainers to deliver the training shall be included. It shall describe the Contractor’s approach, resources and hours required, and any training aids that might be included. 3.5.8 Training Materials The Contractor shall submit the training materials required for each course discussed in the Training Program Plan in accordance with the following requirements. The Contractor shall provide a list of training materials required for each course discussed in the Training Program Plan. The Contractor shall reflect all changes and revisions to the installed TVMs in all training materials, whether supplied to City personnel, or used in Contractor-conducted training courses. At a minimum the following training materials shall be provided for each course in sufficient quantities. Instructor guides, including the following: 1. Course agenda and objectives 2. Resources and facilities required for the course, if applicable 3. Detailed lesson plans or outlined presentations and discussion guides RFP 7472 MAX BRT Ticket Vending Machines Page 21 of 72 4. Pre- and post-training assignments 5. Instructions for using any audiovisual support and equipment 6. Student handouts 7. Operational TVM equipment Two copies of draft training materials shall be submitted (CDRL 808, "Training Materials") at FDR. Final training materials shall be submitted 20 days before classes are scheduled to begin for City approval. The above deliverables shall be in addition to a master copy of each final version that shall be furnished to City. 3.5.9 System Administrator Manuals The Contractor shall provide two complete color copy bound sets of manuals detailing the system administration for TVMs and MCS software and one complete electronically saved, indexed and searchable PDF manual. The manuals shall be complete, accurate, up to date, and thoroughly cross-indexed. All drawings and diagrams submitted shall include all revisions made during construction and be in as-delivered configuration. 3.5.10 Operating Instruction Manual The Contractor shall provide two complete color copy bound sets of a TVM Operating Instruction Manual, and one complete electronically saved, indexed and searchable PDF copy of the manual that includes all information needed for safe, proper, and efficient operation of the TVMs. Manuals shall include general orientation and familiarization with all features of the TVMs. Detailed information shall be provided regarding location, function and operation of all controls, indicators, switches, hardware and reset buttons, and trouble diagnosis. All normal operational sequences shall be described in detail. 3.5.11 Maintenance Manual The Contractor shall provide two complete color copy bound sets of a TVM Maintenance Manual, and one complete electronically saved, indexed and searchable PDF copy of the manual that includes all information needed to enable maintenance technicians to perform all periodic inspection and preventive maintenance tasks including all routine lubrication, inspection and replacement of consumable items. The manual shall contain recommended preventive maintenance schedules. The manual shall also contain all information needed to enable maintenance technicians to diagnose problems, and make adjustments and repairs to all TVM components and sub-assemblies. The manual shall include, at a minimum:  A general description of each system, subsystem, component, and sub- assembly;  Procedures to exchange all major components  Functional block diagrams  Detailed Schematics and Wiring Diagrams  Pictorials with exploded views and parts number for easy identification RFP 7472 MAX BRT Ticket Vending Machines Page 22 of 72 3.5.12 Technical Training The Contractor is responsible for all training outlined in this section. Instructors teaching these courses must be familiar with technical information, and be able to utilize proper methods of instruction, training aids, audiovisuals, etc. to ensure effective training. At the City’s request and expense, the Contractor shall, during the warranty period, provide up to two (2) additional sessions per year of any of the courses provided under this contract. Pricing for additional training sessions will be determined in the final contract. Additional training sessions at the City’s expense will be in addition to the bid price for the TVM contract. TVM training and training plans shall be provided by the Contractor for the following: 3.5.13 Revenue Servicing All revenue service personnel shall be given training on routine service functions such as accessing the TVMs, collecting monies, replenishing ticket stock and change, clearing basic jams, printing and retrieving Audit Tickets, and securing the TVMs. 3.5.14 Field Maintenance and Servicing Field Maintenance and Servicing – This course shall provide all knowledge necessary for operation, troubleshooting, maintenance, repair, component change-out, and scheduled maintenance of TVMs. 3.5.15 Revenue and Maintenance Workstation Operations Staff responsible for the TVMs shall be trained in the use of all application programs and functions. Included in this training will be the administration of TVM operating parameters, configuration files, ticket and display text, fare tables, and voice messages. Procedures to download data to TVMs, remotely control TVMs, monitor equipment status, and generate reports shall be covered. 3.5.16 Shop Repair Technicians responsible for the periodic overhaul, remedial repair, and adjustment of TVMs shall be given comprehensive training in the operation, troubleshooting, maintenance, repair and overhaul of the equipment. 3.5.17 Administrative Workstation Operations Personnel who will administer the MCS shall be trained in all aspects of MCS network administration. This course shall provide the fundamentals of administration of the operating system, application software, and relational database manager. RFP 7472 MAX BRT Ticket Vending Machines Page 23 of 72 3.5.18 TVM Accounting and Registration Information Those management personnel who will generate and use reports from the MCS shall be trained to be familiar with report contents and uses. 3.6 Technical Requirements 3.6.1 Technical Overview A technical overview (CDRL 601, “Technical Overview”) of all proposed hardware and software must include: 1. Network diagrams 2. Hardware diagrams and software process flow diagrams 3. Optimum and minimum requirements for: a. Client viewing computer configurations for desktop and mobile access b. Network requirements c. Server requirements d. Storage requirements e. Back-up requirements f. Monitoring requirements 3.6.2 Technical Information City of Fort Collins (CFC) standard network equipment uses the following technologies:  Cisco Networks and VPN  Microsoft Windows Server 2008 R2  VMWARE Virtual Server  Left Hand Storage Area Networks  COMMVault Backup solutions  HP Hardware The integrated solution submitted will be evaluated utilizing CFC virtual server and SAN environment. The virtual server and storage array will be provided according to the Contractor’s requirements as listed in the proposal. The support model will be mixed support with the hardware and operating system software supported by the CFC Information Technology department and the application software supported by the Contractor. The Contractor shall provide an innovative and optimized solution for the transit facilities use of the network based TVM system. Details must be provided regarding the version, features and capabilities of the proposed TVM system. The recommended solution shall need to meet CFC Information Technology standards for software. 3.6.3 Data Information and Ownership Real-time data shall be archived on a daily basis. Database shall be capable of keeping TVM data, standard reports, and other related information for a RFP 7472 MAX BRT Ticket Vending Machines Page 24 of 72 minimum period of one (1) year in a single standard database. In addition, back up and retrieval procedures shall be in place to be able to use archived data as needed. Data must be indexed by date and time in which the data was collected. All data generated and used by the MCS shall remain the property and for the exclusive use of Transfort and the City of Fort Collins with no limitations on any or all aspects of the data. 3.6.4 Database Information The Contractor shall provide network access to the raw database as well as standard reports for staff assigned to work with the data from the MCS. The database shall be able to be accessed, using standard ODBC protocols. Transfort currently utilizes Microsoft SQL 2008 R2 as its enterprise database. Data Storage shall make use of the existing Transfort hardware and software as much as possible. The MCS software is to be installed at the City of Fort Collins’s main data center with oversight and approval of the Project Manager assigned to this project. 3.6.5 Operating Conditions TVMs shall be able to operate, without degradation in performance, under the following environmental conditions:  Humidity range of 20% to 100%  Temperature range of 20° F to 150° F  Direct or Indirect Sunlight  Wind gusts up to 50 mph 3.6.6 Outdoor Exposure The cabinet shall be of design and materials suitable to resist rain, snow, moisture and condensation, and designed to be resistant to liquid ingress caused by driving rain and incidentally splashed water such as would occur during routine equipment and/or platform cleaning. Equipment enclosures shall comply with International Electro Technical Commission standard 529 (IEC529) to level IP34 or UL certification. TVMs located outdoors will have a simple shelter structure that will be provided by the City. TVMs shall be capable of operating or being stored without shelter under the climatic conditions, including solar radiation, as detailed in this specification. 3.6.7 Design Compliance The TVMs shall be designed to comply with all applicable local, State, or national codes, ordinances, statutes, standards, and federal rules and regulations existing at the time of Contract execution date. The Contractor shall be responsible for identifying all local, State, or national design codes, ordinances, statutes, standards, and federal rules and regulations applicable to TVMs at the time of Contract award. RFP 7472 MAX BRT Ticket Vending Machines Page 25 of 72 3.6.8 Design Life TVM design life shall be at least twelve (12) years. The TVMs shall provide reliable operation over its design life. The equipment shall be designed to require simple and minimal scheduled and unscheduled maintenance. 3.6.9 Power Supply TVMs shall have a NEMA 3 rated water resistant junction box located in the base containing clearly marked wires for connection to the City provided electrical circuits. The ticket vending power supplies shall be connected to a dedicated 120VAC, 20Amp circuit from the City supplied power panel at each station or stop. 3.6.10 Source Power TVMs shall be capable of operating on source power of 120 VAC (+/-10%), 1 phase, 3 wire, 60 Hz (+/-1%). 3.6.11 UL Standards and Code Compliance The TVMs equipment shall be designed to comply with UL Standard 751, “Vending Machines,” NFPA 70, “National Electric Code,” and applicable local requirements. 3.6.12 UPS and Back Up The TVMs shall be equipped with a battery operated supplemental power supply (UPS) integral to the TVMs and connected to the primary power supply. This battery power supply shall be used in the event the incoming voltage falls below the reliable TVM operating voltage as specified above, or in the event of loss of AC power to the TVM. TVMs shall function using UPS for at least one (1) hour in the event of AC power loss. The TVMs shall be capable of implementing a controlled shutdown at the end of the 1-hour period and shall be capable of automatically rebooting/resetting upon the restoration of power. The contractor should specify the period of time the UPS will function and address the question of system shut down. TVMs shall be capable of returning to full operational status after a power failure without manual intervention. There shall be no adverse effect on the operation of the TVMs or the integrity of stored data. 3.6.13 Main Power Switch TVMs shall have a main power switch or disconnect located within the cabinet that removes all power from the TVM. When this switch turns the power off to the TVM, the UPS shall maintain power long enough for a “Power Off” alarm to be sent to the MCS. 3.6.14 MCS Software The Contractor shall grant City the right to use all software and firmware used in the equipment provided under the Contract as follows: RFP 7472 MAX BRT Ticket Vending Machines Page 26 of 72  For Commercially Available Software, the Contractor shall provide a license for each copy used in the equipment as well as the distribution media. The Contractor shall provide for version updates of these applications during the warranty period as required to be compatible with the Contractor’s system.  For Contractor Proprietary Software, the Contractor shall establish an escrow account with a third party, acceptable to City, for a period of no less than ten years, in which the same data as for the Project Specific Software will be deposited. The Contractor shall pay all initial and future costs related to the escrow account. The data shall immediately be obtainable and usable by City should the Contractor agree to release the data; should the Contractor fail to satisfactorily respond to or support a written request for modification of the software by City in a reasonable amount of time during the term of the active escrow agreement; or, the term of the escrow has expired within a mutually agreed Software License agreement. The Contractor shall notify the current City Project Manager of the intended closure of the escrow account. This notification must be made a minimum of 60 days prior to the closure.  The data structure of the information collected must be compatible with the data structure of the data being collected from the current fare-box system.  For software required for TVM operations, the Contractor shall grant City a royalty-free right to use the software. City will have the right to modify all project-specific software settings and parameters that configure City’s application, including:  Operating data (machine numbers, network numbers, and up/download parameters)  Display and voice text and graphics  Other configurable parameters as described in this document. 3.6.15 Software Requirements The Contractor shall furnish all software fully debugged and documented. The Contractor shall work with City to develop the Software Design and Documentation (CDRL 602, “Software Design and Documentation”). At the Preliminary and Final design reviews (PDR, FDR), the Contractor shall provide for City approval of the full up-to-date documentation, including flow diagrams, data structures, parameter tables, restoration plans, full restoration procedures, and all other design and development documentation, with each software package. Such documentation shall be accompanied by a functional description of the software as applicable to the TVM system. A list of commercially available software (CDRL 603, “Commercial Software List”) to be employed in the system, including a description of the capabilities and proposed functionality of such software shall be submitted to City for review at PDR and approval at the FDR. All software documentation and licenses shall be provided by the date of delivery of the first equipment. Updated versions of such documentation, RFP 7472 MAX BRT Ticket Vending Machines Page 27 of 72 reflecting any prior changes made in the system, shall be provided within 21 days of any applicable system change. Final versions of such documentation shall be provided at the end of the warranty period. 3.6.16 Licensing Model Provide information concerning the Contractor’s licensing model and how it relates to number of TVMs, workstations, number of personnel or a combination of these or other items. Refer to the following information to understand the City inventory and staffing resources. Provide information detailing your licensing methodology taking into account that the City currently has the following staff assigned:  Up to six (8) Maintenance Technicians  Up to five (10) Supervisors  Up to two (4) Technical staff  Up to two (2) Bus Stop staff Provide a breakdown in the Appendix A Cost Summary sheet for all licensing costs. Use the number of users, vehicles and employees listed above for cost calculations. 3.6.17 Anti-Virus The MCS shall be compatible with the leading brands of anti-virus software in order to detect and deactivate malicious software that may attempt to attack the system. 3.6.18 Security The option to set up TVM in advanced security mode shall enable both IT and security managers to collectively integrate the unit into existing Microsoft Windows networks without compromising the existing security protocols. 3.6.19 Upgrade Tools Proposals shall provide complete details addressing the following: 1. What is the history of upgrade frequency? 2. What happens to customized tables and fields when an upgrade occurs? 3. How much technical and end-user training is generally required for software upgrades? 4. How upgrades are applied, i.e. remotely, on-site, etc.? 5. How are patches and fixes deployed and applied? 3.6.20 Maintenance and Support Proposals shall provide complete details addressing the following minimum requirements: 1. Maintenance coverage for routine services on a periodic basis, including software updates, patches, and upgrades. RFP 7472 MAX BRT Ticket Vending Machines Page 28 of 72 2. Emergency response service with a guaranteed response time, location of dispatch by responding party and process to be followed for the following events: a. System outage b. MCS outages and failure c. Hardware failure 3. Period of maintenance coverage (i.e. number of hours or days of maintenance coverage) The City requires access to a customer support phone line and at a maximum a two business day response time for MCS and hardware failures and acknowledgement of the issue by phone or email within one business day. Confirmation of scheduled response shall be included in the acknowledgement of the issue. 4. Equipment replacement procedures (onsite and depot parts repair and replacement) 5. Describe response procedure for: a. Escalation calls b. First-time response to service calls 6. Provide breakdown report of all maintenance costs for all equipment, software, network response and services beginning at the end of the warranty periods and extending for a period of five years. a. TVM software and hardware shall have a minimum of one year warranty and then have a yearly service contract. b. The one year warranty time period shall begin 30 (thirty) days after the Go Live week has been completed. 7. The Contractor shall have the ability to connect remotely to TVMs and/or MCS software to provide needed support. The remote connectivity will be through approved City of Fort Collins VPN security software. 8. Communication between the awarded contractor and the City of Fort Collins representative shall be on an ongoing basis. Advanced notification shall occur when any work is to be performed remotely or on site at any City facility or station / stop. 9. Suggest optional maintenance service plans and reasons for recommendation 3.7 PROJECT MANAGEMENT This section defines the management program that is required to provide a process of planning, scheduling, design review, controlling, and reporting. 3.7.1 Contract Management A Project Manager shall be designated by the Contractor to manage the work of this Contract. Formal communication shall be between the Contractor’s Project Manager and the City Project Manager. Change of the Project Manager RFP 7472 MAX BRT Ticket Vending Machines Page 29 of 72 after Contract Acceptance shall only be permissible with the City’s written approval. 3.7.2 Project Management Plan The Contractor shall submit a Management Plan that describes the organization, controls, planning, and schedules (CDRL 701, “Project Management Plan”). The Plan shall be submitted no more than 30 days following the Notice to Proceed and shall be subject to City’s review and approval. The plan shall include the following: 1. An organization chart identifying managers for all organization departments of the Contractor and Subcontractors 2. The methodology to control program schedule 3. A master program schedule, emphasizing key milestones and events 4. A schedule for the items of design and manufacture that require approval 5. A configuration management plan for all submittals and subsequent revisions 3.7.3 Progress Reviews, Schedules and Project Control Progress reviews shall be held on a monthly basis at City’s facilities. Other meetings may be scheduled as necessary. The Contractor shall prepare and maintain a detailed progress schedule, which shall be the Contractor's working schedule and shall be used to plan, organize, and execute the work; record and report actual performance and progress; and forecast remaining work. The Contractor must fully comply with the schedule submission requirements specified herein to ensure the timely processing of progress payments. Work shall be scheduled so that any specified intermediate milestone dates and completion dates are met. The Contract schedule shall be submitted within 30 days of the Notice to Proceed. The Contractor shall submit to the City a progress schedule addressing Contract activities for the period from Notice to Proceed to completion of the warranty period (CDRL 702, “Project Schedule”). Activities shall also include the design reviews. Critical path method analysis shall be used to approve the baseline schedule of key milestones and events. One hard copy and one electronic copy in an approved software package (such as Microsoft Project ® or approved equal shall be provided. The hard copy of the progress schedule shall be in the form of a Gantt bar chart. In preparation of the progress schedule, the Contractor may propose, for City’s approval, alternative dates if the specified dates in this RFP are not consistent with their sequence of work. This schedule shall be updated on a monthly basis according to the status of events and presented to City at the status review meeting. 3.7.4 Weekly Conference Calls The Contractor shall participate in weekly conference calls with the City Project Manager, other City staff and outside consultants as determined by City Project Manager. RFP 7472 MAX BRT Ticket Vending Machines Page 30 of 72 The agenda for these meetings will be to discuss the most current status of and plans related to all identified issues. City reserves the right to identify for discussion any additional issues beyond those identified. A status report shall be issued to the City at least two days prior to each conference call, including: 1. Agenda for the upcoming conference call highlighting key discussion items; 2. Updated action item list with the updates incorporating the discussions of the previous bi-weekly conference call as well as other subsequent developments since the previous action item list release. The Contractor shall be represented in these conference calls by at minimum their designated Project Manager, as well as any additional Contractor staff necessary to properly address the current issues and project status. City will be represented by their designated implementation management representatives. The call-in procedures for the conference call will be arranged by the Contractor. The Contractor shall submit minutes within two days of each conference call. 3.7.5 Monthly Progress Status Updates The Contractor shall submit to the City monthly progress reports comparing actual progress with planned progress (CDRL 703, “Monthly Progress Reports”). Special reports may be requested and topical reviews held to address problem areas. Progress reports shall also include:  A summary of completed, pending and upcoming Contractor and City activities during the previous and the next two reporting periods, along with required completion dates  The status of unresolved Contract questions and change requests  A description of current and anticipated project problem areas and steps to be taken to resolve each problem 3.7.6 Initial Activities Meeting The initial activities meeting shall take place no later than 20 days after NTP. City personnel will be introduced to the Contractor’s management team at City’s facilities. Formal channels of communication and procedures, in accordance with City’s Standard Operating Procedures, shall be established for agreed-upon letter and meeting numbering, etc. During these meetings, the Contractor shall present the project control methodology and convey the plans for the initial activities prior to formal progress reporting. The objectives of the initial activities meeting shall be to familiarize City staff with the Contractor’s intended design and procurement activities, resolve external interfaces, and provide the basis for proceeding to PDR. The initial activities meeting shall cover the following: 1. Schedule review RFP 7472 MAX BRT Ticket Vending Machines Page 31 of 72 2. Confirm Contractor’s management team and the scope of for each subcontractor 3. Provide a functional block diagram of the system and equipment 4. Provide narrative descriptions of the major subsystems proposed by the Contractor, including identification of components supplied by Subcontractors for each equipment type 5. Provide preliminary device layouts 6. Identify all interfaces between the major subsystems, provide a schedule, and identify responsibilities for completion of detailed definition of the interfaces 7. Confirm that the Contractor is familiar with the intended operations and maintenance environment 8. Provide outline and format of customer interface messages 9. Provide physical dimensions of each equipment type 10. Identify power and other facility requirements for each equipment type 11. Identify information needs and decisions required from the City 12. Provide description of problem tracking, resolution and reporting process. 3.7.7 Design and Configuration Control The Contractor’s program for design and configuration control shall meet the requirements in the following subsections. 3.7.7.1 Design Principles and Reviews Commonly accepted industrial design principles shall be employed throughout the design and manufacturing processes. Design calculations, layouts, and other documentation summarizing the human factors engineering considerations shall be submitted during the design reviews. Industrial design aspects of TVMs shall be reviewed during the scheduled design review meetings. A formal design review process shall be conducted to evaluate the progress and technical, functional and programmatic adequacy of the design in accordance with the performance requirements of the Contract. In addition to formal design reviews, informal meetings to address key issues shall be held as needed. Prior to each review, a design review package shall be submitted that includes items required for the review. Design review packages shall be provided at least 15 days before a design review meeting. Design reviews shall consist of the following key activities: 1. Design review package will be reviewed by City staff. 2. An Issues List will be created as a result of the review and will be provided to the Contractor at least ten days prior to the scheduled design review meeting. RFP 7472 MAX BRT Ticket Vending Machines Page 32 of 72 3. The design review meeting, or series of meetings, will be held between Contractor and City staff where the Contractor shall explain their design and City shall confirm the requirements. When possible, issues will be resolved during the design review meetings. 4. Issues not resolved during the meetings will be identified and documented. The City will determine the appropriate action to close the issue, giving consideration to where the project is in the overall design review process. This may require resubmission of design review items. 5. The submittal will be approved, upon City’s determination that there are no open issues. The Contractor shall conduct a Preliminary Design Review and a Final Design Review. 3.7.7.2 Preliminary Design Review The objective of the PDR is to review the progress of the project and evaluate specification compliance of the completed work and/or work in progress. The PDR shall cover the following: 1. Schedule compliance review and discussion of variances or delays 2. Provide all PDR items indicated in the CDRL List 3. Detailed technical descriptions of TVM system major components 4. Detailed interface descriptions, including mounting arrangements and installation methods 5. Single-line power diagrams and functional block diagrams for each device, including a functional overview 6. Detailed network diagram including all wiring and communications interfaces 7. List of special tools 8. Design of access control for the following: 9. Equipment 10. Software menus 11. Software system-level flow charts 12. Software data backup and recovery procedures 13. Software version and configuration control system 14. Draft Engineering Drawings The Contractor is encouraged to categorize the PDR information into logical topics. Ideally, the formal PDR meetings should be limited to confirmation of previously reviewed, commented on, and approved-in- principle submittals and resolution of open items. The specific submittals shall be provided prior to PDR (CDRL 704, "PDR Package"). Each drawing submittal shall include a CD with the RFP 7472 MAX BRT Ticket Vending Machines Page 33 of 72 drawings in PDF format and one reproducible on regular paper, developed using Microsoft Visio Professional 2007 files. 3.7.7.3 Final Design Review The FDR shall be conducted when detailed design is complete and production drawings are ready for release. The objective of the FDR is to determine whether the detailed design will satisfy the design requirements established in the Contract. Data submitted for the PDR shall be updated to a level of detail consistent with the completed design and submitted for the FDR. The contractor shall submit as- built/installed drawings at the end of the project both in PDF and native- file format. The FDR shall cover the following: 1. Schedule compliance review and discussion of variances or delays 2. Provide all FDR Items indicated in the CDRL List 3. Latest revisions of the drawings and documentation submitted for the PDR 4. Assembly drawings down to the lowest replacement unit level 5. Electrical schematic drawings, down to the individual signal or wire level, for each electrical circuit 6. Software documentation consisting of structured data flow diagrams with software module descriptions (or elemental process descriptions) in structured narrative format. Input and output data definitions 7. Program parameters 8. Error handling routines 9. Data dictionary 10. Final Engineering Drawings The Contractor may establish suitable confidentiality agreements. The specific submittals shall be provided prior to FDR (CDRL 705, "FDR Package"). Each drawing submittal shall include a CD with the drawings in PDF format and one reproducible on regular paper, developed using Microsoft Visio Professional 2007 files. For the purposes of change control, the design baseline shall be established at the FDR. The Contractor shall submit to City for approval changes beyond FDR that affect the design characteristics agreed to at FDR. IV. SUBMITTAL REQUIREMENTS  The City’s intent is to choose the most qualified firm based upon approach, methods, qualifications and experience, availability, and general cost estimate. Once a firm is selected, a detailed scope of services will be developed. Of prime importance is the firm’s flexibility in responding to requests by City staff during the process. RFP 7472 MAX BRT Ticket Vending Machines Page 34 of 72  The final scope of services will identify a project schedule, tasks, deliverables, and expected expenditures by task. The scope will also indicate respective responsibilities of the selected firm and City staff. All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: 1. Methods and Approach - Describe your expected or recommended approach and tasks. Describe the anticipated interaction with the City. Provide an outline of your anticipated schedule for completing project tasks. 2. Deliverables - Provide a list and description of expected deliverables, tools, or other items that you will use to provide services and outcomes of your approach. Also, all respondents are required to complete all applicable tables in Electronic Deliverables Spreadsheet Appendix A and B as part of their proposal submittal. Buy America and Lobbying Certificates must be submitted with your written Proposal. 3. Qualifications and Experience - Provide relevant information regarding previous experience related to developing a similar Project: • Names and location of similar projects. • Name, address, and phone number of public agency reference(s) overseeing the Project. • Samples (preferably three via a web link or “pdf” files) of similar Projects. 4. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subcontractors, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or subcontractors, shall be submitted. The résumés shall include at least three references from previous assignments. 5. Organization Chart/Proposed Project Team - An organization chart containing the names of all key personnel and subcontractors with titles and their specific task assignment for this contract shall be provided in this section. 6. Availability – Describe the availability of project personnel to participate in this project in the context of the firm’s other commitments. 7. Estimated Hours by Task - Provide estimated hours for each proposed or optional task, including the time required for meetings, conference calls, etc. 8. Schedule of Rates and Cost by Task - Provide a schedule of rates and an anticipated cost of each task identified in the section “Scope of Work Considerations” or for tasks that are recommended as part of this Project. Also, all respondents are required to complete all applicable tables in Electronic Deliverables Spreadsheet Appendix A and B as part of their proposal submittal. RFP 7472 MAX BRT Ticket Vending Machines Page 35 of 72 Vendor Statement I have read and understand the specifications and requirements for this RFP and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete SERVICES 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. NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. VENDOR IS TO ALSO INCLUDE THE REQUIRED INSURANCE CERTIFICATE NAMING THE CITY OF FORT COLLINS AS AN ADDITIONAL INSURED. BUY AMERICA AND LOBBYING CERTIFICATION MUST BE RETURNED WITH YOUR PROPOSAL SUBMITTAL. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL: EMERGENCY: BACKUP: Compensation and Contract Process 1. After contract award, progress invoices shall be billed in quarterly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. 2. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. 3. The selected Contractor shall be expected to sign the City’s standard Services Agreement prior to commencing Services (see sample attached to this Proposal). PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. COMMODITY CODES USED FOR THIS RFP: 550-90 Transportation Systems, Intelligent (An automated information system which provides traffic management, communications, and analysis of data as a minimum 920-32 Intelligent Transportation System Software (To Include Design, Development, and Maintenance Services) RFP 7472 MAX BRT Ticket Vending Machines Page 36 of 72 V. REVIEW AND ASSESSMENT Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. 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 show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills 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 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours 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 in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7472 MAX BRT Ticket Vending Machines Page 37 of 72 Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional 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 Professional responsive to client needs; did the Professional 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? RFP 7472 MAX BRT Ticket Vending Machines Page 38 of 72 VI. 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) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 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. RFP 7472 MAX BRT Ticket Vending Machines Page 39 of 72 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. 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 I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects None None unless1 non- competitive award Those imposed on state pass thru to Contractor None Yes, if non- competitive award or if funded thru2 5307/5309/5311 None None unless RFP 7472 MAX BRT Ticket Vending Machines Page 40 of 72 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience (General Provision) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the City’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 the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City’s remedies for any RFP 7472 MAX BRT Ticket Vending Machines Page 41 of 72 succeeding breach of that or of any other term, covenant, or condition of this Contract. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) 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 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. RFP 7472 MAX BRT Ticket Vending Machines Page 42 of 72 (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The City has an overall DBE goal of 9.9%. There is no specific contract goal for this project but the City encourages bids from DBE firms in this project. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT- assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the City of Fort Collins. In addition, it is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the City of Fort Collins and contractor’s receipt of the partial retainage payment related to the subcontractor’s work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 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. RFP 7472 MAX BRT Ticket Vending Machines Page 43 of 72 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. 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 {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, 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. RFP 7472 MAX BRT Ticket Vending Machines Page 44 of 72 10. BUY AMERICA The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products 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 ___________________________________________________________________ RFP 7472 MAX BRT Ticket Vending Machines Page 45 of 72 Certification requirement for procurement of buses, other rolling stock and associated equipment Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date ___________________________________________________________________ Signature _______________________________________________________________ Company Name __________________________________________________________ Title ___________________________________________________________________ Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but 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 CFR 661.7. Date ___________________________________________________________________ Signature _______________________________________________________________ Company Name __________________________________________________________ Title ___________________________________________________________________ 11. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City'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 City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages 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 City and the Contractor arising out of or relating RFP 7472 MAX BRT Ticket Vending Machines Page 46 of 72 to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City, (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 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: (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, RFP 7472 MAX BRT Ticket Vending Machines Page 47 of 72 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 Clean Air – (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. RFP 7472 MAX BRT Ticket Vending Machines Page 48 of 72 (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 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 Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 16. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301- 10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. RFP 7472 MAX BRT Ticket Vending Machines Page 49 of 72 17. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 18. RECYCLED PRODUCTS Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 19. CONFORMANCE WITH ITS NATIONAL ARCHITECTURE To the extent applicable, the Contractor agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing. 20. 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. 21. 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. RFP 7472 MAX BRT Ticket Vending Machines Page 50 of 72 VII. SAMPLE SERVICES AGREEMENT 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 and incorporated herein by this reference. 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 "B", consisting of ( ) page , 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. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , RFP 7472 MAX BRT Ticket Vending Machines Page 51 of 72 and shall continue in full force and effect until , 200 , 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. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. 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. [Early Termination clause here as an option 7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Service Provider: 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. RFP 7472 MAX BRT Ticket Vending Machines Page 52 of 72 8. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. 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. 10. 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. 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 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. RFP 7472 MAX BRT Ticket Vending Machines Page 53 of 72 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, RFP 7472 MAX BRT Ticket Vending Machines Page 54 of 72 personal representatives, successors and assigns of said parties. 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 Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 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: RFP 7472 MAX BRT Ticket Vending Machines Page 55 of 72 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 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 RFP 7472 MAX BRT Ticket Vending Machines Page 56 of 72 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. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 7472 MAX BRT Ticket Vending Machines Page 57 of 72 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY RFP 7472 MAX BRT Ticket Vending Machines Page 58 of 72 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 be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 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 $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Appendix A RFP 7472 MAX BRT Ticket Vending Machines Page 59 of 72 NOTE: THE ATTACHED IS FOR REFERENCE ONLY. SUBMITTERS MUST FILL OUT AND RETURN RESPONSES IN THIS SECTION ON THE ELECTRONIC SPREADSHEET AS PART OF THEIR PROPOSAL. COST PROPOSAL SUMMARY Contractors shall submit their price proposals on the following form. Note that units and/or quantities shall include the numbers specified in previous sections, and shall include spares as determined by the Contractor for effective system operation. The City is exempt from federal excise, federal transportation and state sales tax and such taxes shall not be included in price quotations. The price breakdown in the attached table shall include the total cost to provide the system(s). Proposers should use additional lines, or clarify entries so that all costs are included. For example, the prices for hardware should include brackets, fasteners, cable, and housings. The intent is to determine the total cost of the base system and each of the options. It is understood that the prices detailed on the Cost Proposal constitutes the proposers total price for completing the work described in the RFP. The City will not incur other additional costs for any additional equipment, services, shipping, handling or installation. The Contractor will identify all computer and network requirements; however the City will procure such items independent of this contract. Examples of such equipment include dispatcher and administrator workstations, printers, switches, routers, etc. The prices in the Cost Proposal may be modified by the proposer during the procurement in response to the City’s request for a Best and Final Offer. RFP 7472 MAX BRT Ticket Vending Machines Page 60 of 72 APPENDIX A - COST SUMMARY SHEET Table 1 – TVM Software, Project Management, Maintenance and Support Costs MCS Software Product: Site License (Unlimited Users, Vehicles, Employees) Number of Users Number of TVMs Optional TVMs Assume these values ------------------------ 20 21 15 License Costs: MCS Software and Support Project Management Costs Support Costs Year 2 Year 3 Year 4 Year 5 Warranty Project Management Costs Support Costs Year 2 Year 3 Year 4 Year 5 RFP 7472 MAX BRT Ticket Vending Machines Page 61 of 72 Table 2 – TVM Equipment, Warranty and Maintenance TVM Installation Preventive Maintenance On-Site Maintenance (Two Business Days) On-Site Maintenance (Escalated) Quantity (21 ea.) 21 Costs Manufacturer Extended Support Costs Year 2 Year 3 Year 4 Year 5 Grand Total Optional Units: Quantity 15 each :__________________ Cost/unit :__________________ Extended :__________________ Escalator Index (per year) :__________________ RFP 7472 MAX BRT Ticket Vending Machines Page 62 of 72 Table 3 –1 Training and Implementation Training & Implementation Length, (Hours/ Days) of training Remote Training Cost User Training System Administration Training Go Live' Training Optional Refresher Training (one year after go live) Grand Total Training and Implementation Costs Table 4 –2 Spare Parts The Contractor will provide a list of recommended spare parts and pricing for purchase to remain on site for critical repairs. Part Description Associated System Price Recommended Qty RFP 7472 MAX BRT Ticket Vending Machines Page 63 of 72 APPENDIX B – PROPOSED SYSTEM SUMMARY Table 3 Submittal Checklist – Please provide responses in all “Unshaded” spaces provided. Only provide responses for exceptions if proposal does not comply. Section Number Section Header CDRL Provided (Y/N) Information Provided (Y/N) Complies (Y/N) With Exceptions (Describe if applicable) 2.6 TVM Project Scope 2.6.1 Delivery Schedule 2.6.2 Installation 2.6.3 Standards 3 TVM Functional requirements 3.0.1 Implementation 3.0.2 TVM Description 3.0.3 Media 3.0.4 Media Design 3.0.5 Ticket Stock/Magnetic Fare Card Option 3.0.6 Electronic Fare Media Option 3.0.7 Electronic Smart Cards Option 3.0.8 Fare Set Configuration 3.0.9 Fare Set Download and Deployment 3.0.10 Data Access to TVMs 3.0.11 Cash Acceptance 3.0.12 Cash Dispensing 3.0.13 Cash Return 3.0.14 Ticket Issuance 3.0.15 Data Storage and Retrieval RFP 7472 MAX BRT Ticket Vending Machines Page 64 of 72 3.0.16 Alarms 3.1 TVM Credit Card Transactions 3.1.1 Credit Cards Accepted 3.1.2 PCI DSS Compliance 3.1.3 Real Time Processing 3.1.4 Cancellation Prior to Sale 3.2 Customer Interface Requirements 3.2.1 Design 3.2.2 Back-lighting 3.2.3 Glare 3.2.4 User Interface 3.2.5 Interface Selection 3.2.6 Information Display 3.2.7 User Instructions 3.2.8 Selection Buttons 3.2.9 User Interface ADA Compliance 3.3 TVM Security Access Control 3.3.1 Design Security 3.3.2 Interior Access 3.3.3 Cash Vaults 3.3.4 Intrusion Alarms 3.3.5 Mounting 3.4 Installation 3.4.1 TVM Installation 3.4.2 Design Space RFP 7472 MAX BRT Ticket Vending Machines Page 65 of 72 3.4.3 Ethernet Connection and Electrical Power 3.4.4 Installation Responsibilities 3.5 Training and Documentation 3.5.1 City Furnished Training Related Items 3.5.2 Use of Actual Equipment as Training Aids 3.5.3 Training Program Plan 3.5.4 Description 3.5.5 Training Delivery Schedule 3.5.6 Contractor's Training Experience 3.5.7 Training Courses 3.5.8 Training Materials 3.5.9 System Administrator Manuals 3.5.10 Operating Instruction Manual 3.5.11 Maintenance Manual 3.5.13 Revenue Servicing 3.5.14 Field Maintenance and Servicing 3.5.15 Revenue and Maintenance Workstation Operations 3.5.16 Shop Repair 3.5.17 Administrative Workstation Operations 3.5.18 TVM Accounting and Registration Information 3.6 Technical Requirements 3.6.1 Technical Overview 3.6.2 Technical Information 3.6.3 Data Information and Ownership RFP 7472 MAX BRT Ticket Vending Machines Page 66 of 72 3.6.4 Database Information 3.6.5 Operating Conditions 3.6.6 Outdoor Exposure 3.6.7 Design Compliance 3.6.8 Design Life 3.6.9 Power Supply 3.6.10 Source Power 3.6.11 UL Standards and Code Compliance 3.6.12 UPS and Back Up 3.6.13 Main Power Switch 3.6.14 MCS Software 3.6.15 Software Requirements 3.6.16 Licensing Model 3.6.17 Anti-Virus 3.6.18 Security 3.6.19 Upgrade Tools 3.6.20 Maintenance and Support 3.7 Project Management 3.7.1 Contract Management 3.7.2 Project Management Plan 3.7.3 Progress Reviews, Schedules and Project Control 3.7.4 Weekly Conference Calls 3.7.5 Monthly Progress Status Updates 3.7.6 Initial Activities Meeting RFP 7472 MAX BRT Ticket Vending Machines Page 67 of 72 3.7.7 Design and Configuration Control 3.7.7.1 Design Principles and Reviews 3.7.7.2 Preliminary Design Review 3.7.7.3 Final Design Review RFP 7472 MAX BRT Ticket Vending Machines Page 68 of 72 ATTACHMENT A RFP 7472 MAX BRT Ticket Vending Machines Page 69 of 72 RFP 7472 MAX BRT Ticket Vending Machines Page 70 of 72 RFP 7472 MAX BRT Ticket Vending Machines Page 71 of 72 RFP 7472 MAX BRT Ticket Vending Machines Page 72 of 72 ATTACHMENT B Transfort Monthly Magnetic Stripe Fare Card The dimensions for our pre-printed passes are as follows: 2.125" x 3.375" x .015" non-competitive award None None unless non-competitive award None None unless non- competitive award II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects Yes3 Yes3 Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes Yes Yes Yes Yes Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)