HomeMy Public PortalAboutORD16105BILL NO. 2020-059
SPONSORED BY Councilmember Hussey
ORDINANCE NO. I 105
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAFETY
VISION, LLC, IN THE AMOUNT OF $62,681.79 FOR THE REPLACEMENT OF
TRANSIT BUS CAMERAS.
WHEREAS, Safety Vision, LLC is the apparent lowest and best bidder on the
Transit Bus Camera Replacement Project.
NOW, THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1 . Safety Vision, LLC is the apparent lowest and best bidder on the
Transit Bus Camera Replacement Project.
Section 2 .The Mayor and City Clerk are hereby authorized and directed
to execute an agreement with Safety Vision, LLC.
Section 3. The agreement shall be substantially the same in form and content
as the agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
��E M_/'� M_��
CLA',21`1
Presiding Officer
ATTEST:
City Clerk
Approved:4L_- 12 X21
IL
Mayor Carrie Tergin
APPROVED AS TO FORM:
EXHIBIT A
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as
"City", and Safety Vision, hereinafter referred to as "Contractor".
WITNESSETH:
THAT WHEREAS, the City desires to engage the Contractor to render certain services for the
transit camera security system, hereinafter described in Exhibit A.
WHEREAS, Contractor has made certain representations and statements to the City with respect to
the provision of such services and the City has accepted said proposal to enter into a contract with the
Contractor for the performance of services by the Contractor.
NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City
and the Contractor as follows:
1. Scope of Services.
Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the transit
camera security system, as set forth in Exhibit A. The Contractor further agrees to perform two (2) site visits
per year for the maintenance of the transit camera security system. In the event of a conflict between this
agreement and any attached exhibits, the provisions of this agreement shall govern and prevail.
2. Payment.
The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment
schedule set forth in the contract documents upon acceptance of said work by the City's Department of
Public Works, and in accordance with the rates and/or amounts stated in the bid of Contractor dated
November 3, 2020, which are by reference made a part hereof. No partial payment to Contractor shall
operate as approval or acceptance of work done or materials furnished hereunder. No change in
compensation shall be made unless there is a substantial and significant difference between the work
originally contemplated by this agreement and the work actually required. The total amount for services
rendered under this contract, including the cost of cameras, installation, wireless infrastructure, and two (2)
year maintenance, shall not exceed Sixty Two Thousand Six Hundred Eighty -One and 79/100 Dollars
($62,681.79).
3. Term.
This contract shall commence on the date last executed by a party as indicated below. The Contractor shall
render certain services, including the installation and implementation of the security system, as described in
Exhibit A, within forty (40) days of the date last executed by a party as indicated below. The parties may
agree to extend this contract for two (2) additional one (1) year periods upon expiration of this contract.
This Agreement shall be subject to annual appropriation by the City Council of funds necessary to fulfill the
obligations of the City set forth in this Agreement and this Agreement shall automatically terminate in the
event that sufficient funds are not appropriated to fulfill the City's obligations of the Agreement.
4. Additional Services.
The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth
in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified
in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of
the City. All such directives and changes shall be in written form and approved by the City and shall be
accepted and countersigned by the Contractor or its agreed representatives.
5. Personnel to be Provided.
The Contractor represents that Contractor has or will secure at its expense all personnel required to perform
the services called for under this contract by the Contractor. Such personnel shall not be employees of or
have any contractual relationship with the City except as employees of the Contractor. All of the services
required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all
personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to
perform such services. None of the work or services covered by this contract shall be subcontracted except
as provided in Exhibit A without the written approval of the City.
6. Contractor's Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts
and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted
in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set
forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding
termination of any subcontract as the City may exercise over Contractor under any provisions of this
contract. Nothing contained in this contract shall create any contractual relations between any
subcontractor and the City or between any subcontractors.
7. Independent Contractor.
The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor
or any of its employees as agents or employees of the City.
8. Benefits not Available.
The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall
not be covered by the Workmen's Compensation Program of the City.
9. Nondiscrimination.
The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of
race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any
employee of Contractor or applicant for employment and shall include a similar provision in all
subcontracts let or awarded hereunder.
10. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment
and participation in a federal work authorization program with respect to the employees
working in connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person
who is an unauthorized alien in connection with the contracted services.
C. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall
provide proof of citizenship or lawful presence of the owner.
11. Notice to Proceed.
The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken
and completed in accordance with the schedule contained in Exhibit A.
PA
12. Termination.
If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under
this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this
contract, the City shall thereupon have the right to terminate this contract by giving written notice to the
Contractor of such termination and specifying the effective date thereof, at least five (5) days before the
effective day of such termination. The City reserves the right to terminate this contract for convenience by
giving at least fourteen (14) days prior written notice to Contractor, without prejudice to any other rights or
remedies of the City, provided Contractor shall be entitled to payment for all work completed by Contractor
through the date of termination. The Contractor may without cause terminate this contract upon 30 days
prior written notice. In either such event all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this
contract shall, at the option of the City, become its property, and the compensation for any satisfactory work
completed on such documents and other materials shall be determined. Notwithstanding the above, the
Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any
such breach of contract by the Contractor.
13. Waiver of Breach.
Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be
deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be
deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or
conditions herein.
14. Authorship and Enforcement
Parties agree that the production of this document was the joint effort of both parties and that the contract
should not be construed as having been drafted by either party. In the event that the City successfully
enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any
other relief, its reasonable attorney's fees, expenses and costs.
15. Severability.
If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or
unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or
enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not
so adjudged.
16. Assignment.
The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of the City thereto. Any such
assignment is expressly subject to all rights and remedies of the City under this agreement, including the
right to change or delete activities from the contract or to terminate the same as provided herein, and no
such assignment shall require the City to give any notice to any such assignee of any actions which the City
may take under this agreement, though City will attempt to so notify any such assignee.
17. Existing Data.
All information, data and reports as are existing, available and necessary for the carrying out of the work,
shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the
Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be
liable for the accuracy of the information furnished by the City.
18. Confidentiality.
Any reports, data or similar information given to or prepared or assembled by the Contractor under this
3
contract which the City requests to be kept as confidential shall not be made available to any individual or
organization by the Contractor without prior written approval of the City.
19. Indemnity.
To the fullest extent permitted by law, the Contractor will defend, indemnify and hold harmless the City, its
elected and appointed officials, employees, and agents from and against any and all claims, damages,
losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work,
provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of
use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor,
any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation
of indemnity which would otherwise exist as to any party or person described in this paragraph.
20. Insurance.
Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial
general liability insurance with a reputable, qualified, and financially sound company licensed to do
business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not
less than "A," that shall protect the Contractor, the City, and the City's officials, officers, and employees
from claims which may arise from operations under this agreement, whether such operations are by the
Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability
insurance shall include, but shall not be limited to, protection against claims arising from bodily and
personal injury and damage to property, resulting from all Contractor operations, products, services or use
of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual
Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An
endorsement shall be provided which states that the City is named as an additional insured and stating that
the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements
of this section, or not renewed without 30 days advance written notice of such event being given to the City.
21. Documents.
Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be
delivered upon request to and become the property of the City upon termination or completion of work.
Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under
this contract shall be made available, upon request, to the City without restrictions or limitations on their
use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and
delivering same.
22. Books and Records.
The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and
other evidence pertaining to costs incurred in connection with this contract, and shall make such materials
available at their respective offices at all reasonable times during the contract and for a period of three (3)
years following completion of the contract.
23. Nonsolicitation.
The Contractor warrants that they had not employed or retained any company or person, other than a bona
fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warranty, the
4
City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the
contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage,
brokerage fee, gifts, or contingent fee.
24. Delays.
That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the
Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set
forth in this contract; and that under no circumstances will the Contractor be liable for indirect or
consequential damages.
25. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by whosoever
made; nor shall any modification of it be binding upon the City until such written modification shall have
been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may
not be responsible for paying for changes or modifications that were not properly authorized.
26. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall
have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and
hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this
contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action.
27. Federal Funds to be Used.
The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Exhibit B
shall be fully complied with in preparing responses and performing work under any resulting award.
28. Notices.
All notices required or permitted hereinunder and required to be in writing may be given by first class mail
addressed to the following addresses. The date and delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
If to the City:
City of Jefferson
Department of Law
320 East McCarty Street
Jefferson City, Missouri, 65101
If to the Contractor:
Safety Vision
Attn: Carl Buchner
6100 W Sam Houston Pkwy N
Houston, TX 77041
[Signatures to Follo►v on Next Page]
5
CITY OF JEFFERSON. MISSOURI
�..........�
d
, ..mar(n Mayor Carrie T r in
Dale: -�I
ATTEST:
APPROVED AS'TO FORM:
City At to
SAFETY VISION
n
L(CIC
Account Executive
Date: 1/4/2021
ATTEST:
Tille:
Exhibit A
Project Description
The City desires to hire a contractor to remove existing camera equipment and replace with a
new transit bus security camera system.
Requirements for the new system are as follows:
• Hybrid, analog HD, or full IP systems are acceptable. Bidders must identify systems as
such;
• Capable of 720p high quality recording, 30 frames per second, full HD quality resolution
on eight (8) to ten (10) cameras for a minimum of 14 days retention for each bus;
• Must have the option to downgrade from HD quality to standard definition quality in
order to maximize the use of available hard disk space and hard disk storage;
• At a minimum, cameras shall capture the following:
o Front windshield;
o Driver;
o Front door;
o Front -mounted, rear -facing wide angle camera;
o Interior street -side mounted camera to capture rear door and front;
o Exterior curbside;
o Exterior street -side; and
o Exterior rear. Option for operator display to show rear camera when in reverse.
• Must be full HD IP based system per industry standard;
• Hard drive shall be "swappable" for use in any same model recorder regardless of the
number of cameras supported;
• Required 2TB hard disk drive as the primary storage;
• UPS battery backup;
• Plastic Molex Connectors will not be accepted;
• HD quality video must have the option to downgrade to standard definition quality to
maximize the use of available hard disk space and hard disk storage;
• Downloading capable via Wi-Fi;
• Training on use and maintenance of the system;
• Minimum of two (2) years warranty and maintenance is required; and
• Pricing on warranty and maintenance up to five (5) years will be considered.
Hardware Requirements:
1. The recorder shal I be capable of supporting up to twelve (12) channels of video
synchronized with audio, simultaneously as follows:
a. Up to eight (8) channels of analog high definition (AHD) connected via 4 -pin
DIN cables with threaded collar connectors;
2. Up to four (4) network internet protocol (1P) channels connected via external PoE switch
and Ethernet cable;
3. The eight (8) analog high definition channels shall be capable of 1080p at 15fps
maximum;
4. The four (4) IP channels shall be capable of 720p at 30fps maximum;
5. The four (4) IP channels shall be capable of 1080p at 30fps maximum;
6. The recorder shall support the following user -selectable resolutions for recording video:
1080p, 720p, WD1 (928X480), WHD1 (928x240), WCIF (464X240), Dl (704x480),
HDI (704x240), or CIF (352x240);
7. The recorder shall be capable of recording video in the following user -selectable
standards: NTSC and PAL;
8. The recorder shall utilize H.264 video compression;
9. The recorder shall be capable of supporting up to two (2) video outputs;
10. The recorder shall be capable of user -selectable frame rate up to 30 frames per second in
one (1) frame increments;
11. The recorder shall support eight (8) user selectable levels of image quality, based on bit
rate, for all video channels, where "1" is the highest bit rate and "8" is the lowest bit rate;
12. The recorder shall provide the ability to select the resolution for each camera
independently;
13. The recorder shall be equipped with removable and replaceable data storage;
14. The recorder shall feature a secure tumbler -keyed physical lock preventing unauthorized
removal of the data storage;
15. Recorder shall be able to identify locked/unlocked status of the physical lock for power
on/power off status;
16. The primary data storage device shall be a removable hard drive;
17. The recorder shall be available with multiple data storage options:
a. One (1) 2.5" SATA II hard disk drive (HDD) with a maximum capacity of
2 TBs
b. One (1) 2.5" SATA II solid state drive (SSD) with a maximum capacity of
1 TB
18. The hard drive shall be capable of connecting directly to a PC using a hard drive USB
cable for data review;
19. The recorder shall include an SD card slot which provides a "mirror" recording feature to
back-up captured video from the primary storage device;
a. The SD card slot shall be capable of supporting SD cards up to 256GB.
20. When the primary storage device reaches capacity, recording shall continue overwriting
the oldest data;
21. The recorder shall include status LEDs located on the front panel to provide system
health status;
22. The recorder shall have video loss detection for each channel;
23. The recorder shall have blind detection (camera view obstruction) for each channel;
24. The recorder shall detect system and hard drive failures;
25. The recorder shall include two (2) USB ports;
26. The recorder shall include a USB port located on the front panel for quick video retrieval;
27. The recorder shall be capable of supporting a USB mouse attached to the front USB port
to navigate menus on an external monitor;
28. The DVR shall provide alarm/event video protected from overwrite, user -selectable
between 1-31 days;
29. The recorder shall provide increased quality settings on alarm/event occurrence;
30. The recorder shall support up to eight (8) agency -defined sensor inputs for recording
vehicle metadata synchronized and marked in video;
31. Each sensor input shall be capable of being customized and configured independently as
either marked metadata in recorded video, or mark recorded video as alarm/event video
with metadata included;
32. The recorder shall include pre -event recording times configurable up to 60 minutes, and
post -event recording times configurable up to 30 minutes;
33. The recorder shall utilize an optional panic button module that provides the following:
a. Physical "panic button" to allow vehicle operator to mark events
b. Status LEDs identical in operation and display to the status LEDs on the
front of the recorder
c. RCA video output for the connection of an optional external monitor
34. The recorder shall include an embedded GPS receiver module for recording time/date,
vehicle speed, and mapping data;
35. The recorder shall allow for the following selectable metadata to appear overlaid on
recorded video: Date/Time, Speed, Vehicle Number, GPS coordinates, Channel Name,
and Device ID;
36. The recorder shall include an embedded accelerometer capable of being configured to
automatically trigger an alarm/event when the vehicle exceeds a pre -determined G -force
setting;
37. The recorder shall be capable of operating on 8-36 volt DC power and shall include a
protective filtering device to protect from voltage spikes, power surges, and reverse
polarity;
38. The recorder shall provide low voltage protection to automatically shut down the recorder
when the power it receives drops below the specified voltage;
39. System startup and shutdown shall be powered by the vehicle's ignition;
40. The system shall include the option to remain operating for a pre -determined length of
time after the vehicle's ignition has been turned off, up to 24 hours;
41. The DVR clock shall operate independently of the main power supply and shall have a
minimum five (5) year operational lifetime before battery change is required. Clock drift
shall be no greater than five (5) minutes per six (6) months. Dates shall be programmed
to the year 2030 and takes into account all leap years and daylight savings time changes
automatically without external intervention;
42. The recorder shall include an embedded Wi-Fi module as well as an RJ45 (LAN) port to
connect to any optional external Wi-Fi devices for 802.11a/b/g/n/ac 2.4 Ghz/5 Ghz, and
optional cell modems for 4G LTE connectivity;
43. The recorder dimensions shall not exceed: 9.02" x 4.34" x 11.81" (WxHxD);
44. The recorder shall utilize a fan -less design to prevent dust and dirt intrusion;
45. The recorder shall utilize an all metal chassis construction;
46. The recorder shall be housed in a rugged and durable enclosure and specifically designed
with robust anti -vibration technology to withstand the demanding shocks and vibrations
of on -board vehicle recording;
47. The recorder shall comply with MIL -STD -810 for vibration and shock;
48. The recorder shall have a removable security cover to protect all cables connected to the
recorder;
49. The recorder shall be capable of operating in temperatures ranging from -40° C to
approximately 70° C (-40° F to approximately 158° F); and
50. The recorder shall include a 3 -year warranty.
Software Requirements — Video Management Software (VMS):
1. The VMS shall be license -free software and shall be included free of charge;
2. All future software updates shall be included free of charge;
3. The VMS shall playback available video from a variety of sources: Archived
video on server's database; any hard drive or SD card connected to the PC; USB
flash drive; Video on vehicles currently active and connected to the network;
Video saved locally on the PC;
4. The VMS shall provide a calendar display for each month video was searched in
with available video highlighted by video type (normal or alarm/event);
5. The VMS shall allow users to select date, time range, and other parameters when
searching for available video;
6. The VMS shall allow users to search for video with specific vehicle speed, geo-
fence excursions, or specific triggered sensors and alarms/events;
7. The VMS shall include advanced playback controls as well as multiple metadata
graphs in the bottom portion of the screen;
8. The VMS shall include the following playback controls: Pause/Play; Stop;
Rewind; Fast forward up to x32 speed; Slow motion playback; Frame -by -frame
playback; Audio Volume; Snapshot; Video Export;
9. The VMS shall have a playback bar that includes a green slider bar, which can be
dragged directly to a particular point of the video. The timeframe represented by
the playback bar shall be capable of being increased or decreased using
magnifying lens icons located at the top of the playback bar;
10. The VMS shall be capable of simultaneous playback of all cameras;
11. The VMS shall allow users to select specific cameras to be displayed during
playback;
12. Camera channels shall be capable of being rearranged within the playback screen.
13. The VMS shall provide multiple layout options and window configurations of
camera channels;
14. The VMS shall allow users to double-click a camera channel to maximize its
display in the playback screen for single viewing. While in single -view screen
mode, users shall be able to cycle through all camera channels;
15. The VMS shall allow camera channels to be displayed in full -screen mode. While
in full -screen mode, users shall be able to cycle through all camera channels;
16. The VMS shall allow for the following selectable metadata to overlay on recorded
video: Date/Time; Speed; Vehicle No.; GPS coordinates;
17. The VMS shall include a GPS map to display vehicle location, route, breadcrumb
trail, and vehicle's sensor inputs synchronous to the video being played. Users
shall be able to click on any point on the vehicle's breadcrumb trail on the map to
jump directly to that time in the video;
18. The vehicle sensor inputs displayed below the map shall correlate with their
corresponding location on the map such that when a sensor becomes active, it is
highlighted in orange;
19. The VMS shall include an `Event' tab below the playback bar, which displays a
list of all triggered sensors and alarms/events that occurred during the open video
segment. Users shall be able to double-click on any triggered sensor or
alarm/event to jump directly to that time in the video;
20. The VMS shall include arrow tabs in the playback screen to minimize/expand the
map, channel display area, playback bar, and search panel, to allow users to adjust
the playback screen to their preference;
21. The VMS shall include a Trame Information' tab which displays detailed
metadata. Information includes: Firmware and MCU versions, agency name and
vehicle number, specific accelerometer reading and GPS coordinates, vehicle
speed, and device voltage and temperature;
22. The VMS shall include a'Zoom-in' button at the top of each camera channel to
allow users to zoom-in on any selected area;
23. The VMS shall include a'Blur' button at the top of each camera channel to allow
users to select the areas of the camera's image to blur out. Blurring shall be
capable of being used in one or all camera channels simultaneously. Blurring shall
be capable of being exported with video;
24. The VMS shall display the resolution and frame rate at the top of each camera
channel;
25. The VMS shall have the capability of exporting video in the following formats
a. Standard: Proprietary format that can only be played in the proprietary
VMS.
b. MINI Player: Self-executable format (.exe). that includes an embedded
"mini-payer" application, which displays like the proprietary VMS but
does not require users to have the proprietary VMS installed to view. This
file type should include GPS map and all other metadata information.
c. MP4: Export video clips in standard MP4 format, which can be played by
many conventional media players.
26. The VMS shall allow users to select either Main Stream, Sub Stream, or both
when exporting video;
27. The VMS shall include a'Snapshot' button to save a single-frame still image in
.bmp or jpg format from any user-selected camera;
28. The VMS shall require username and password entry;
29. The VMS shall provide various levels of user access rights that allow and restrict
access to various functions;
30. The VMS (when networked) shall be capable of viewing real time GPS location
of vehicles as well as stream live video from vehicles;
31. The VMS (when networked) shall be capable of setting up geo-fences on a map
pertaining to vehicle routes and set alerts on the geo-fence;
32. The VMS (when networked) shall be capable of setting up a'linear' geo-fence by
importing the GPS coordinates from an existing vehicle's route and applying it to
other vehicles;
1. The VMS (when networked) shall have a web -based system management function
that opens in an internet web -browser for adding and managing fleet groups,
vehicles, user role groups, user level access rights, and updating firmware;
2. The VMS (when networked) shall have a web -based Report form function that
opens in an internet web -browser for generating reports such as user log reports,
mileage reports, device online/offline report, etc.; and
3. The VMS (when networked) shall also be available as a downloadable app that
can be installed onto any mobile device or tablet to stream live video and fleet
tracking.
Contractor must provide all hardware, software, as well as other equipment and services for the
system. Bandwidth and other infrastructure requirements must be clearly indicated. Technical
specifications of all equipment must be provided in the bidder's response.
Installation Information
The number of vehicles available for installation at any given time will be dependent on
mechanical breakdowns and the time required for installation. The City endeavors to keep two
spare buses available for the fixed routes and paratransit.
Installation will occur in the City -owned, heated bus barn.
The contractor will be required to remove and/or dispose of any old camera/recording related
equipment as part of the installation of the new system.
Training
Contractor shall provide onsite training to up to ten (10) employees. Multiple training sessions
may need to be conducted in order to maintain transit services to the public. Contractor shall be
responsible for providing training materials.
Technical Support
The contractor shall provide technical support for the duration of the contract. At a minimum,
technical support must include:
• Telephone support for two years from the date of system acceptance. The technical
support shall list the costs of support should the City choose to renew for up to three
additional one year periods.
• Call center shall be located in the United States.
Warranty, Data, Documentation, and Maintenance
All provided equipment shall include a minimum warranty for three years. Proposers shall offer
extended warranty options, to be awarded at the City's discretion. Warranty shall cover all parts,
equipment, software, and labor.
Software "point release" upgrades for all software shall be included for the duration of the
contract.
Contractor shall provide documentation to include user manuals and maintenance manuals.
Online/PDF manuals are acceptable.
All system -collected data remains the exclusive property of the City.
General Conditions
Prime Responsibility: The selected contractor(s) will be required to assume full responsibility
for all services and activities offered in their proposal(s), whether or not provided directly. The
contractor(s) shall be the sole point of contact with regard to contractual matters, including
payment of any and all charges resulting from the contract.
Assurance: Any contract awarded under this RFP must be carried out in full compliance with all
Federal Transit Administration (FTA) requirements.
SAFETY Safety Vision
6100 W. Sam Houston Pkwy. N. DATE: PAGE ORDER NUMBER:
Houston, TX 77041 H/1/2020 i UI 10217
Direct: 713-896-6600
VISION Fax: 713-896-6640
Thank you for your request for proposal
I f you have any questions or issues, just call
us TOLL FREE at 1-800-880-8855
BILL TO ACCOUNT# JEFF
JEFFTRAN
820 E Miller St
Jefferson City, MO 65101.3306
PROPOSAL
SIIIP TO:
JEFFTRAN
820 E Miller St
Jefferson City, MO 65101-3306
EXPIRE DATE: 0 1 /0212021 SALESPERSON: CWB - Carl Buchner
CUSTOMER PO: I ORDER DATE: l U0312020 SHIP VIA: GROUND TERMS: COD
PRICE I AMOUNT
RFP No. 3138
12 HEAVY DUTY GILLIG BUSES
4112 HVR WITH 2 TB HDD AND 8 CAMERAS
SOFTWARE IS INCLUDED FREE OF CHARGE, NO REOCCURING COSTS
5 YEAR WARRANTY ON ALL EQUIPMENT
CAMERAS AND PLACEMENTS
CAMERA 41: FACING OUT THE FRONT WINDSHIELD
4112 HVR
AHD-H2.8M-WT 1080 AHD 2.8MM WHITE WIOUT 1R
4112-HVR-KIT
4112-FIVRStandard Kit wlout Storage
12.00
0.00
811.00
9.732.00
41 -GPS
GPS Module for 41 Series
12.00
0.00
COMPONENT
0.00
41-PWRHRNS
Power Ilarness 40001410014108/411214116
12.00
0.00
COMPONENT
41 -TRIGGER
Trigger IIamess for 41 Series
12.00
0.00
COMPONENT
1,188-00
4112-HVR
12 chan rec-8 analog 4 IP cam
12.00
0.00
COMPONENT
SV -BATTERY -AAA Alkaline AAA Battery
24.00
0.00
COMPONENT
2 TB HARD DISC DRIVE
4112-2TB-HDD
2 TB drive for 4112/4108
12.00
0.00
335.00
4,07.0.00
256GB SD CARD
SD-256GSA
256GB SD Card
12.00
0.00
86.52
1.038.24
UPS BACK UP BATTERY
41 -UPS
UPS hack -up battery for the 4000-HVR, 4100-HVR & 4112-HVF
12.00
0.00
95.00
1.140.00
CAMERAS AND PLACEMENTS
CAMERA 41: FACING OUT THE FRONT WINDSHIELD
AHD-H2.8M-WT 1080 AHD 2.8MM WHITE WIOUT 1R
12,00
0.00
99.00
1,188.00
SVS-7MMF 7M MIF THREADED CABLE
12.00
0.00
14.00
168.00
4 1 -WS-BRKT-EXT extended front windshield brkt
12.00
0.00
29.00
348.00
CAMERA #2: CAPTURING THE DRIVER
AHD-H2,8MIR-WT 1080 AHD 2.8MM WHITE W/ 1R
12.00
0.00
99.00
1,188-00
SVS-7MMF 7M MIF THREADED CABLE
12.00
0.00
14.00
168.00
CAMERA #3: CAPTURING THE FRONT DOOR ENTRY WAY
Continued
AF ET Safcty Vision
6100 W. Sam Houston Pkwy. N. DATE: TACE ORDERNUMBER:
Houston, TX 77041 111312020 2 O 1 lOz 17
Direct: 713-896-6600
VISIWN Fax: 713-896-6640
Thank you for your request for proposal
If you havc any questions or issues, just call
us TOLL FREE at 1-800-880-8855
BILL TO ACCOUNT# JEFF
JEFFTRAN
820 E Miller St
Jefferson City, MO 65101-3306
EXPIRE DATE: 01102/2021 1 SALESPERSON: CWB - Carl Buchner
PROPOSAL
SHIP TO:
JEFFTRAN
820 E Miller St
Jefferson City, MO 65101-3306
CUSTOMER PO
I ORDER DATE: 11103/2020
SHIP VIA: GROUND
TERMS: COD
0.00
99.00
ITEM NUMBER
DESCRIPTION
QTY
SHIPPED
PRICE
AMOUNT
AHD-H2.8MIR-WT
1080 AHD 2.8MM WHITE W/ IR
12.00
0.00
99.00
1,188.00
SVS-7MMF
7,41 M/F THREADED CABLE
12.00
0.00
14.00
168.00
CAMERA 94: MOUNTED IN THE FRONT FACING THE REAR
AHD-H2.8MIR-WT
1080 AHD 2.8MM W141TE W/ IR
12.00
0.00
99.00
1.188.00
SVS-5MMF
16ft 4in M/F THREADED CABLE
12.00
0.00
13.00
156.00
CAMERA #5: INTERIOR STREET SIDE MOUNTED CAMERA CAPTURING REAR DOOR AND BACK OF
VEHICLE
AHD-H2.8M1R-WT
1080 AHD 2.8MM WHITE W/ IR
12.00
0.00
99.00
1.188.00
SVS-IOMMF
32ft Bin M/F° THREADED CABLE
12.00
0.00
16.25
195.00
CAMERA 96: EXTERIOR CURBSIDE MOUNTED IN THE FRONT FACING THE REAR
SV-EXTCAM-72OW 720P AHA Ext Camera wl4pin micro din -white 12.00
SVS-7MMF 7M MFF THREADED CABLE 12.00
CAMERA #7: EXTERIOR STREET SIDE MOUNTED IN T14E FRONT FACING THE REAR
SV-EXTCAM-720W 720P AHD Ext Camera wl4pin micro din -white 12.00
SVS-5MMF 16ft 4in MIF THREADED CABLE 12.00
CAMERA #8: EXTERIOR CAMERA MOUNTED IN THE REAR
SV-EXTCAM-720W 720P AI -ID Ext Camera w/4pin micro din -white
SVS-15MMF 49ft 4in MAF THREADED CABLE
f`l'd7!L4734
SAFETY VISION DECAL STATING "RECORDING IN PROGRESS"
Audio & Vidco Recording in Progress
INSTALLATION OF 12 VEHICLES
0.00
99.00
0.00
14.00
0.00
99.00
0.00
13.00
12.00
0.00
12.00
0.00
24.00
0.00
INCLUDEDS INSTALLATION, REMOVAL, CONFIGURATION. AND ON SITE TRAINING FOR STAFF
/027 Install Transit
OPTIONS
REAR VIEW MONITOR FOR DRIVER TO SEE REAR CAMERA WHEN IN REVERSE (TOTAL PRICE I -OR 12
= $3048.00)
99.00
21.80
0.00
1,188.00
168.00
1,188.00
156.00
I, 188.00
261.60
0.00
13,867.00
Continued
SAFETY Safety Vision
DATE: PAGE ORDER NUMBER:
6100 W. Sam Houston Pkwy. N.
i Ir3r20zo 3 ut 10217
Houston, TX 77041
Direct: 713-896-6640
visi N Fax: 713-896-6640
Thank you for your request for proposal
If you have any questions or issues, just call
us TOLL FREE at 1-800-880-8855
BILL TO ACCOUNT# JEFF
JEFFTRAN
820 E Miller St
Jefferson City, MO 65101-3306
PROPOSAL
SHIP TO:
JEFFTRAN
1120 E Miller St
JeffersonCity.,MO 65101-3306
EXPIRE DATE: 01102/27021
SALESPERSON: CWB - Carl Buchncr
41 -ANT -FEMALE wifr antenna for the 4100, 4106 & 4116
0.00
CUSTOMER PO:
I ORDER DATE: 11103/2020
SIIIP VIA: GROUND
TERMS: COD
ITEM NUMBER
DESCRIPTION
QTY
SHIPPED
PRICE AMOUNT
SV-CP4-HYB-KIT
kit for CP4 Hyb
0.00
0.00
254.00 0.00
ICPMONCABL
ICP MONITOR CABLE 16.5'
0.00
0.00
COMPONENT
SV-CP4-HYB
touch screen 4120141 1614 1 1 2 only
0;00
0.00
COMPONENT
SV-LCD-RMI.0-4
RAM MT. 1.0" ball and 4" ext.(RAM-B-101-SA4U)
0.00
0.00
COMPONENT
WIFI ANTENNA TO CONNECT TO WIRELESS INFRASTRUCTURE (TOTAL PRICE FOR 12 — S915.60)
41 -ANT -FEMALE wifr antenna for the 4100, 4106 & 4116
0.00
0.00
76.30 0.00
PANIC BUTTON I LED STATUS INDICATOR (TOTAL PRICE FOR 12 = S456.00)
Less Discount;
41 -PANIC -KIT Panic Button Kit for 41's
0.00
0.00
38.00 0.00
41 -PANIC Panic Button for 410814112/4116
0.00
0.00
COMPONENT
41 -PANIC -CABLE Cable for 41 -Panic. Use with all but the 4000IIYB
0.00
0,00
COMPONENT
CONTACT CARL BUCHNER AT 713-929-1056
TERMS COD FROM INVOICE DATE, 7 HAYS SHIPPING.
ALL PRICE'S FIRM FOR SIXTY (60) DAYS.
Net Order:
41,069.64
INSTALLATION MAY BE DONE INTERNALLY OR WE CAN PROVIDE QUOTES FOR SERVICE.
Less Discount;
0.00
Freight:
0.00
ACCOUNT MANAGER: DATE:
Sales Tax:
0.00
41.089.84
CUSTOMER SIGNATURE:
SAFETY Safety ViS;an
6100 W. SamHouston Pkwy. N. DATE: PAGE, ORDER NUMBER:
Houston, TX 77041 11/18/2020 1 UI 12565
Direct: 713-896-6600
VISIONO Fax: 713-896-6640
"Thank you for your request for proposal
If you have any questions or issues, just call
us TOLL FREE at I-800-880-8855
BILL TO ACCOUNT4 JEFF
JEFFTRAN
820 E Muller St
Jefferson City, MO 65101-3306
EXPIRE DATE: 01/17/2021 1 SALESPERSON: CWB -Cart Buchner
PROPOSAL
SI IIP TO:
JEFFTRAN
820 E Miller St
Jcffcrson City, MO 651111-3306
CUSTOMER PO: ORDER DATE: 11118/2020 S1 IIP V1,1: GROUND TERMS: COD
ITEM NUMBER DESCRIPTION QTY SHIPPED I PRICE AMOUNT
200266
/42
JEFFTRAN RFP 3138
OPTIONAL WIRELESS INFRASTRUCTURE FOR BUS FACILITY IF NOT IN PLACE
ALL EQUIPMENT IS UNDER ASSUMPTION THAT JEFFTRAN DOES NOT HAVE WIFi INFRASTRUCTURE
AND 1S AN OPTION TO THIS BID
SERVER FOR WIRELESS DOWNLOADS
PowerEdge T440 0.00 0.00 5,251.51
SERVER INSTALLATION AND CONFIGURATION
SERVER INSTALL AND CONFIG.
0.00 0.00 650.00
PRICE PER ACCESS POINT (MORE THAN ONE ACCESS POINT MAY BE NEEDED; SITE SURVEY IS
REQUIRED TO DETERMINE)
W1F1-RUCK310S Ruckus 3105 AP Kit
0.00
0.00
1,561.16
30-160030 cat 6 30' cable
0.00
0.00
COMPONENT
SV-POE48V24W 120VAC PoE Injector, 48VDCG24W
0.00
0.00
COMPONENT
SV-T3l0S-RUCK Ruckus T310S AP
0.00
0.00
COMPONENT
ACCESS POINT INSTALLATION PER ACCESS POINT
/ACCESS POINTS Access Points - INSTALL
0.00
0.00
1,500.00
0.00
0.00
0.00
0.00
TERMS COD FROM INVOICE DATE, 7 DAYS SHIPPING.
ALL PRICES FIRM FOR SIXTY (601 DAYS- Net Order. 0.00
INSTALLATION MAY BE DONE INTERNALLY OR WE CAN PROVIDE QUOTES FOR SERVICE.
Less Discount; 0.00
Freight: 0.00
ACCOUNT MANAGER: DATE: Sales Tax: 0.00
0.00
CUSTOMER SIGNATURE:
SAFETY �,
ViSl
MOBILE VIDEO SURVEILLANCE SOLUTIONS
JEFFTRAN MAINTENANCE AGREEMENT OPTIONS FOR RFP NO.P3138
AGREEMENT FOR 5 YEAR TERM
PLEASE REFER TO THE MAINTENANCE CONTRACT DETAILS PROVIDED IN PROPOSAL TO SEE ALL SERVICE
AND WORK THAT IS INCLUDED IN THIS AGREEMENT
***ANY ONLINE/PHONE TECHNICAL SUPPORT IS INCLUDED FREE OF CHARGE***
ANNUAL AGREEMENT GONE SITE VISIT PER YEAR)
ITEM QUANTITY PRICE EXTENDED PRICE
TRAVEL TRIP CHARGE 1 $700.00 $700.00
PRICE PER VEHICLE 9 $200.00 $1,800.00
PRICE PER VEHICLE 18 $170.00 $3,060.00
$2,500.00
ITOTAL
BI -ANNUAL AGREEMENT (TWO SITE VISIT PER YEAR)
ITEM QUANTITY PRICE EXTENDED PRICE
TRAVEL TRIP CHARGE 2 $700.00 $1,400.00
PRICE PER VEHICLE 18 $170.00 $3,060.00
$4,460.00
ITOTAL
QUARTERLY AGREEMENT (FOUR SITE VISIT PER YEAR)
ITEM QUANTITY PRICE EXTENDED PRICE
TRAVEL TRIP CHARGE 4 $700.00 $2,800.00
PRICE PER VEHICLE 36 $150.00 $5,400.00
$8,200.00
ITOTAL
Safety Vision
6100 W. Sam I loustun Pktvy. N. DA 2LPAGE ORDER NUM:R:
Ilouston, TX 77041 112111/20200�o 1 1n216a3
VISINIV Direct: 713-896-6600
Fax: 713-896-6640
Thmnk you for your request for proposal
If you have any questions or issues, just call
us'1'01.1. FREE at 1-800-880-8855
BILL TO ACCOUNT# JIFF
JEFFTRAN
920 E Miller St
JetTenan City, MO 65101-3306
PROPOSAL
SI11P TO.
JFFFTRAN
320 Ei N iller St
Jeffnatn City, A (i 65 to 1.3306
FXPIRF. DATE: 0210912021 SALESPERSON. CWB - Curt Budmur
CUSTOMER PO: ORDER DATE. 1211 IP020 Still' VIA. GROUND TERMS: COD
ITEM NUMBER DESCRIPTION 'CY sium'1:1) Plticu. AMOUNT
WIRCLL'•SS INFRASTRUCTURE EQUIPMEYT W["ill INSTALLATION
Dell T440 Server
200266 PowerEdge'1440
1.(X)
0.00
5.251,51
5,251.51
SV-SOI'TWARE SERVER CONFIGURATION
100
0.00
650.00
650.00
1f) Discount
100.00 -
CISCO 10 PORT POE SWITCH
SV -CISCO -625010 Cisco Switch G250 62 Watt 10 Pun POE
1.00
0.00
279.00
27900
ACCESS POINTS FOR BUS CJARA(Jr AND GENERAL MAINTENANCE BUILDING
W1FI-RUCKT310D Ruckus Outdoor AP Omm
2.00
0.00
1,561.61
3.123.22
30-160030 cat 6 30' cable
4.00
0.00
COMPONENT
SV-POC-48V24W 120VACPal: Injector. 48VDCcr24W
2.00
0.00
COMPONENT
SV -T3101] -RUCK Ruckus Omni AP
2.00
0.00
COMPONiiNT
/D Discount
200.00-
WIFI-RUCKT310S Ruckus 3105 AP Kit
200
0A0
1,561.61
3.123.22
3 0-1 600 3 0 cat 6 30' cuble
4.00
0.00
COMPONITIT
SV-POI.48V24W 120VAC PaE Injector,48VDC(q)24W
2.00
0.00
COMPONENT
SV -13105 -RUCK Ruckus'1'310S AP
2.00
0.00
COMPONL--NT
INSTALLATION FOR ALL EQUIPMENT
11NSTALL ACCESS POINT INSTALL PER AP
4.00
0.00
1,500.00
6.000.00
1D Discount
995.00 -
CONTACT CART. BUCi INGR AT 713-929-1056 WITI I QUESTIONS
SAFETY 6
Vision
61470 W. Sam Haustan Pkwvy. N. DAll3: PAGE ORDER NUMn
00 1:It:
Houston, 77{ 77041 12!11/2020 2 U1216d3
VISI
Direct: 713-896-6600
is I•ax, 713-896-6640
Thunk you for your rtquest for proposal
If you have any questions or issues, just call
us TILL FREE at 1-800.880-8855
BILL TO ACCOUN'rm JEFF
Jds`1; I--I"RAN
820 E Millcr St
Jefferson City, .L10 65101.3306
EXPIREDAT1:02109C2021 SAI_I-S11146ON:CWH- Carl Etushncr
PROPOSAL
JFFFTRAN
820 E NWIcr 51
JeRersan Cily. %10 65101.3306
CUSTOMER PO: I ORDER DATE: 12/11/2020 SHIP VIA: GROUND TL•RMS: COD
ITEM NUMBER Dl?SCRIPTION I QTY SHIPPED I PRICE AMOUNT
TERNIS COD FROM INVOICE DATE, 7 DAYS SH UPPING.
ALL PRICES FIRM FOR SIXTY (60) DAYS.
INSTALLA'11ON MAY Br DONE INTERNALLY OR WE CAN PROVIDE QUOTE'S FOR SERVICE.
ACCOUNT
CUSTOMER SIGNATU
TF. -
Nei Order
17,131.95
Less Discount:
0.00
FrciRht:
0.00
Sales Taff:
0.00
17,131.95
Exhibit B
FEDERAL CLAUSES
No Government Obligation to Third Parties —
(1) The City and contractor acknowledge and agree that, notwithstanding any concurrence by the US
Government in or approval of the solicitation or award of the underlying contract, absent the express
written consent by the US Government, the US Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the City, the 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
FTA assistance. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts —
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 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 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,
submittal, or certification, the US Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act (1986) on the contractor to the extent the US Government deems appropriate.
(2) If the contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submittal, or certification to the US Government under a contract connected with a project that is financed
in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the
right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on the contractor, to the extent the
US Government deems appropriate.
(3) The contractor shall include the above two clauses in each subcontract financed in whole or in part
with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
Access to Records and Reports — The following access to records requirements apply to this contract:
1. Where the City is not a State but a local government and is an FTA recipient or a subgrantee of FTA
recipient in accordance with 49 CFR 18.36(i), the contractor shall provide the City, the FTA, the US
Comptroller General or their authorized representatives access to any books, documents, papers and
contractor records which are pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions. The contractor shall also, pursuant to 49 CFR 633.17, provide authorized
FTA representatives, including any PMO contractor, access to the contractor's records and construction
sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance
through the programs described at 49 USC 5307, 5309 or 5311.
2. Where a City which is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 USC
5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)(1))
through other than competitive bidding, the contractor shall make available records related to the contract
to the City, the Secretary of USDOT and the US Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
3. The contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
4. The contractor shall maintain all books, records, accounts and reports required under this contract for a
period of not less than three (3) 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 City, FTA Administrator, US Comptroller General, or any of
their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Re: 49 CFR 18.39(i)(11).
Federal Changes — The contractor shall comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Master Agreement
between the City and FTA, as they may be amended or promulgated from time to time during the term of
the contract. The contractor's failure to comply shall constitute a material breach of the contract.
Civil Rights Requirement — 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 CFR 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
2
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 CFR Part 1630, pertaining to
employment of persons with disabilities. In addition, the contractor agrees to comply with any
implementing requirements FTA may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed in whole or in
part with federal assistance provided by FTA, modified only if necessary to identify the affected parties.
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 contractor when it is in the City'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. If the contractor is in
possession of any of the City's property, the contractor shall account for same, and dispose of it as the
City directs.
b. Termination for Default [Breach or Cause] (General Provision) If the contractor does not deliver items
in accordance with the contract delivery schedule, or, if the contract is for services, and 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 to the contractor setting forth the manner in which contractor is in
default. The contractor shall only be paid the contract price for supplies delivered and accepted, or for
services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City that 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 contractor, the City,
after setting up a new delivery or 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 shall state the time period in which cure is permitted and
other appropriate conditions.
If the contractor fails to remedy to the City's satisfaction, the breach or default or any of the terms,
covenants, or conditions of this contract within ten (10) days after receipt by the contractor or 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 the 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 its remedies for any succeeding breach of that or of any other term, covenant, or condition of this
contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The City, by written notice,
may terminate this contract, in whole or in part, when it is in the City's interest. If the contract is
terminated, the City shall be liable only for payment under the payment provisions of this contract for
services rendered before the effective date of termination.
f. Termination for Default (Supplies and Service) If the contractor fails to deliver supplies or to perform
the services within the time specified in this contract or any extension or if the contractor fails to comply
with any other provisions of this contract, the City may terminate this contract for default. The City shall
terminate by delivering to contractor a notice of termination specifying the nature of default. The
contractor shall only be paid the contract price for supplies delivered and accepted, or services performed
in accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the contractor was not in
default, the rights and obligations of the parties shall be the same as if termination had been issued for the
City's convenience.
g. Termination for Default (Transportation Services) If the contractor fails to pick up the commodities or
to perform the services, including delivery services, within the time specified in this contract or any
extension or if the contractor fails to comply with any other provisions of this contract, the City may
terminate this contract for default. The City shall terminate by delivering to the contractor a notice of
termination specifying the nature of default. The contractor shall only be paid the contract price for
services performed in accordance with the manner of performance set forth in this contract.
If this contract is terminated while the contractor has possession of the City's goods, the contractor shall,
as directed by the City, protect and preserve the goods until surrendered to the City or its agent. The
contractor and the City shall agree on payment for the preservation and protection of goods. Failure to
agree on an amount shall be resolved under the Dispute clause. If, after termination for failure to fulfill
contract obligations, it is determined that the contractor was not in default, the rights and obligations of
the parties shall be the same as if termination had been issued for the City's convenience.
h. Termination for Default (Construction) If the contractor refuses or fails to prosecute the work or any
separable part, with the diligence that will insure its completion within the time specified, or any
extension, or fails to complete the work within this time, or if the contractor fails to comply with any
other provisions of this contract, the City may terminate this contract for default. The City shall terminate
4
by delivering to contractor a notice of termination specifying the nature of default. In this event, the City
may take over the work and compete it by contract or otherwise, and may take possession of and use any
materials, appliances, and plant on the work site necessary for completing the work. The contractor and
its sureties shall be liable for any damage to the City resulting from the contractor's refusal or failure to
complete the work within specified time, whether or not the contractor's right to proceed with the work is
terminated. This liability includes any increased costs incurred by the City in completing the work.
The contractor's right to proceed shall not be tenninated nor shall the contractor be charged with damages
under this clause if:
1. Delay in completing the work arises from unforeseeable causes beyond the control and without
the fault or negligence of the contractor. Examples of such causes include: acts of God, acts of the
City, acts of another contractor in the performance of a contract with the City, epidemics,
quarantine restrictions, strikes, freight embargoes; and
2. Contractor, within 10 days from the beginning of any delay, notifies the City in writing of the
causes of delay. If in the City's judgment, delay is excusable, the time for completing the work
shall be extended. The City's judgment shall be final and conclusive on the parties, but subject to
appeal under the Disputes clauses.
If, after termination of the contractor's right to proceed, it is determined that the contractor was not in
default, or that the delay was excusable, the rights and obligations of the parties will be the same as if
termination had been issued for the City's convenience.
i. Termination for Convenience or Default The City may terminate this contract, or any portion of it, by
serving a notice or termination on the contractor. The notice shall state whether termination is for
convenience of the City or for default of the contractor. If termination is for default, the notice shall state
the manner in which the contractor has failed to perform the requirements of the contract. The contractor
shall account for any property in its possession paid for from funds received from the City, or property
supplied to the contractor by the City. If termination is for default, the City may fix the fee, if the contract
provides for a fee, to be paid to the contractor in proportion to the value, if any, of work performed up to
the time of termination. The contractor shall promptly submit its termination claim to the City and the
parties shall negotiate the termination settlement to be paid to the contractor. If termination is for the
City's convenience, contractor shall be paid its contract close-out costs, and a fee, if the contract provided
for payment of a fee, in proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the City determines that the contractor has an
excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are
beyond the control of the contractor, the City, after setting up a new work schedule, may allow the
contractor to continue work, or treat the termination as a termination for convenience.
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's overall goal for DBE participation is listed elsewhere. If a separate contract goal for
DBE participation has been established for this procurement, it is listed elsewhere.
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 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 the municipal corporation deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. Since no separate contract goal has been established, the contractor will be required to report its DBE
participation obtained through race -neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for
that work from the City. In addition, the contractor may not hold retainage from its subcontractors or must
return any retainage payments to those subcontractors within 30 days after the subcontractor's work
related to this contract is satisfactorily completed or must return any retainage payments to those
subcontractors within 30 days after incremental acceptance of the subcontractor's work by the City and
contractor's receipt of the partial retainage payment related to the subcontractor's work.
e. The contractor must promptly notify the City whenever a DBE subcontractor performing work related
to this contract is terminated or fails to complete its work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The contractor may not
terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of the City.
Incorporation of Federal Transit Administration (FTA) Terms — All USDOT-required contractual
provisions, as stated in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of
conflict with other provisions contained in this contract. The contractor shall not perform any act, fail to
perform any act, or refuse to comply with any request that would cause the City to be in violation of FTA
terms and conditions.
Government -wide Debarment and Suspension (Nonprocurement) — The City agrees to comply with
the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations
at 2 C.F.R. part 1200, which includes the following: (a) It will not enter into any arrangement to
participate in the development or implementation of contracts with any contractor that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, "Nonprocurement Suspension and
Debarment," 2 C.F.R. part 1200, 2 U.S. OMB, "Guidelines to Agencies on Government -wide Debarment
and Suspension (Nonprocurement)," 2 C.F.R. part 180, including any amendments thereto, and 3
Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA "System for Award Management," https://www.sam.gov, if required by U.S. DOT
regulations, 2 C.F.R. part 1200.
1.41
The contractor also will comply with federal debarment and suspension requirements when hiring
subcontractors, and will review the "System for Award Management" at https://www.sam.gov, if
necessary, to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (2).
Lobbying — Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an
award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on
Lobbying." Each tier certifies to the tier above that it will not and has not used federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act
of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that federal
contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to
the City.
Energy Conservation — The contractor shall comply with mandatory standards and policies relating to
energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy
Policy & Conservation Act.
Recycled Products — 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.
Conformance with ITS National Architecture — The contractor shall conform, to the extent applicable,
to the National Intelligent Transportation Standards architecture as required by SAFETEA-LU Section
5307(c), 23 U.S.C. Section 512 note and follow the provisions of FTA Notice, "FTA National
Architecture Policy on Transit Projects," 66 Fed. Reg. 1455 etseq., January 8, 2001, and any other
implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in
writing.
Access Requirements for Persons with Disabilities — The contractor shall comply with 49 USC
5301(d), stating federal policy that the elderly and persons with disabilities have the same rights as other
persons to use mass transportation services and facilities and that special efforts shall be made in planning
and designing those services and facilities to implement that policy. The contractor shall also comply with
all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which
prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990
(ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made
available to persons with disabilities, including any subsequent amendments thereto.
Prompt Payment — The prime contractor agrees to pay each subcontractor under this prime contract for
satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime
contract receives from the City. The prime contractor agrees further to return retainage payments to each
subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good cause following
written approval of the City. This clause applies to both DBE and non -DBE subcontracts.
Compliance With Federal Regulations — All USDOT-required contractual provisions, as set forth in
FTA Circular 4220.1 F, are incorporated by reference. Anything to the contrary herein notwithstanding,
FTA mandated terms shall control in the event of a conflict with other provisions contained in this
Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor
shall comply with all applicable FTA regulations, policies, procedures and directives, including, without
limitation, those listed directly or incorporated by reference in the Master Agreement between the
recipient and FTA, as 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.
8