SR - AGR-6254 - INSTALLATION METROLINK ORANGE TRANSPORTATION CENTER VIDEO SURVEILLANCE SYSTEMOF Old
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AGENDA ITEM
August 11, 2015
TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
Interim City Manager
FROM: Joe DeFrancesco,
Public Works Di r
Lisa L. Kim
Economic Development Manager
ReviewedNerified By:
City Manager
Finance Director
yqic-
To Be Presented By:
Lisa Kim
X Cons Calendar
City Mgr Rpts
Council Reports
Legal Affairs
Boards /Crates
Public Hrgs
Admin Reports
Plan /Environ
1. SUBJECT
Resolution No. 10885 - A Resolution of City Council of the City of Orange approving the award
of contract and authorizing the execution of a Professional Services Agreement with Convergint
Technologies for Bid No. 145 -61 for the design and installation of the Metrolink Orange
Transportation Center Video Surveillance System.
2. SUMMARY
Proposals for the Metrolink Orange Transportation Center Video Surveillance System were
received and opened on July 16, 2015. Based on proposal evaluation and interviews, the
recommended firm is Convergint Technologies of Orange for $613,725.00. A 15% contingency
in the amount of $92,059.00 is recommended for a total project budget of $705,784.00. This
project is federally funded through a Cooperative Agreement C -5 -3183 between the City and
Orange County Transportation Authority.
3. RECOMMENDATION
1. Approve Resolution No. 10885; and,
2. Authorize the Mayor to execute and the City Clerk to attest to the Agreement on behalf of the
city.
4. FISCAL IMPACT
In April 2015, the City Council approved a Cooperative Agreement No. C -5 -3183 with the
Orange County Transportation Authority providing for funding of design and installation of a
video surveillance system at the Orange Transportation Center. This Agreement provides for
OCTA to reimburse the City for up to $750,000 for the project.
ITEM 3"(P 1 8/11/15
Funds are available for this project in the following accounts:
550.9810.56020.30074 Reimbursable Capital Projects - $750,000.00
( Metrolink Parking Structures)
5. STRATEGIC PLAN GOAL(S)
1. Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
3. Enhance and promote quality of life in the community
d. Maintain and improve multi -modal transportation throughout the City.
6. GENERAL PLAN IMPLEMENTATION
Economic Development Goal 2.0: Cultivate a business environment that is conducive and
appealing to the commercial and retail industry, including smaller entrepreneurs.
Policy 2.4: Maintain adequate infrastructure, transportation systems, and physical conditions
that encourage retailers to invest in the City.
Economic Development Goal 6.0: Provide sufficient infrastructure to support anticipated
economic development and growth.
Policy 6.1: Provide and maintain infrastructure adequate to support growth and expansion of
commercial, industrial and institutional areas, including water, sewer, streets, curbs, gutters,
sidewalks, storm drains, access, and parking improvements.
1 7. DISCUSSION and BACKGROUND
BACKGROUND
On September 13, 2007, the Orange County Transportation Authority (OCTA) Board of
Directors approved the use of Federal Transportation Administration (FTA) Section 5309 grant
funds to support the implementation of the Metrolink Video Surveillance System (VSS)
Deployment Program. The Section 5309 funds provides 80 percent of the funding and a 20 percent
local match funded from Commuter Urban Rail Endowment (CURE) funds.
On April 14, 2015, the City Council approved the Cooperative Agreement C -5 -3183 with OCTA
which defines the roles and responsibilities for the VSS Deployment Program at the Orange
Transportation Center. Proposals for design and installation of a VSS at OTC were solicited in June
2015 in accordance with the City, OCTA and Federal Transportation Administration (FTA)
procurement procedures for professional and technical services. Award is recommended to the
firm with the highest qualifications to perform the services, considering factors such as staffing,
prior experience with similar projects, knowledge of federal requirements, approach to the work,
technical expertise in the field, and a fair and reasonable pricing structure.
ITEM 2 8/11/15
DISCUSSION
On June 11, 2015, a Request for Proposals ( "RFP ") Bid No. 145 -61 was released to solicit
proposals for the design and installation of the Metrolink Orange Transportation Center Video
Surveillance System from qualified firms. The RFP was listed on the City's and OCTA's
website and advertised in public works publications such as Southern California Builders
Association of America, Construction Bid Board and iSgFt Planroom. A Pre - Proposal
Conference was held on June 24, 2015 with three attendees representing three firms. Addenda
Nos. 1 and 2 were issued to provide responses to questions received and to handle administration
issues related to the RFP. Three proposals were received by the July 16, 2015 deadline. The
following firms submitted proposals:
• CyberWatch Communications Inc. of San Jose
• Leverage Information Systems of Woodinville
• Convergint Technologies of Orange
An evaluation committee consisting of representatives from Public Works, Police, Information
Technology, and OCTA reviewed and ranked the proposals based on:
• Qualifications of Firm 20 percent
• Staffing and Project Organization 15 percent
• Work Plan 45 percent
• FTA Federal Experience 20 percent
Two proposals were very strong because they showed vast experience, insight, and also provided
specific project related information on how to achieve our objective. The third proposal was
generic but the committee decided to give all three firms an opportunity to further discuss their
qualifications and expand on their proposals.
Interviews were conducted on July 29, 2015 by the same evaluation committee that ranked the
written proposals. This time the firms were evaluated based on the same criteria above with one
modification. The 20% score allocated for cost was now allocated for FTA Federal Experience.
Based on the combined appraisal of written proposals and the interview process, the evaluation
committee concluded that Convergint Technologies best met the City's evaluation criteria. Brief
summaries of evaluation results follow.
Qualifications of Firm
Both Convergint and Leverage are qualified and have experience in the type of services required
by the scope of work. Each firm has identified experience providing services with local public
agencies and counties in California. However, Convergint Technologies excelled in this area as
the firm is ranked the fifth largest growing system integrator in North America and presented the
greatest flexibility to support future VSS system expansion. The firm also shared its strong
emphasis on customer service and responsiveness. Related project experience include VSS
deployment at the Orange County Sheriffs Department, University of Southern California, Port
of Los Angeles and Port of Long Beach.
ITEM 3 8/11/15
Stajffing and Project Organization
The key staff proposed by Convergint Technologies is well qualified. The proposed key staff
displayed great depth of knowledge and experience with implementation of similar video
surveillance systems. The Orange County offices are based locally in Orange. For preventative
maintenance, there is a dedicated specialist each quarter that would clean the cameras and assess
equipment function. The cost for the 5 -year preventative maintenance program is included in
this agreement.
Work Plan
Convergint provided an excellent approach to the work, demonstrated full understanding of the
project requirements and their interview expanded further detail as to their approach for
deployment of a VSS at the OTC. The proposal was comprehensive with a good overview of the
preventative maintenance program. Implementation of maintenance program is a requirement of
the FTA funding.
FTA /Federal Experience
There is federal funding associated with this project. Convergint has extensive experience with
implementation of federally funded projects. They also are familiar with the Disadvantaged
Business Enterprise Program (DBE) and certified payroll documentation requirements.
Cost Proposal Analysis
Pricing scores are based on a formula which assigns the highest score of 5.0 out of 5 to the
lowest proposed fee. The other fees are weighed based on a formula of Lowest score/Next
highest score of 5. The RFP requested that firms propose a firm -fixed price fees for VSS. On the
basis of the evaluation and ranking, the cost proposals for the highest ranked team was evaluated
for consistency with the RFP. A pre -award price review was conducted as required for this
federally funded project. The review was conducted to determine whether the proposed billing
rates were reasonable, allowable, and allocable in accordance with Federal guidelines; ascertain
that the cost data was current, accurate, and complete; determine whether the firm and its
subcontractors were financially sound and stable. As a result of the review, the committee
determined the proposed billing rates were compliant with FTA requirements.
Specifically, the evaluation committee members noted that Convergint demonstrated a
comprehensive approach to the design and infrastructure to support an installation of a VSS at
the OTC; provided an in -depth and extensive experience with the FTA funding processes with
recent project implementation at Port of Los Angeles and University of Southern California; and
the proposer team's professionalism, impressive resume and references of past work. Staff
performed reference checks with several Convergint clients including the California Resources
Corporation, University of Southern California — Department of Public Safety and the Port of
Los Angeles. All clients contacted were very pleased with the system performance and noted
exceptional support services and professionalism from Convergint.
It is recommended that the City Council approve a Professional Services Agreement with
Convergint for a contract amount of $705,784 comprised of the contract amount of $$613,725
and a 15% contingency of $92,059. This contract provides for the design and installation of VSS
ITEM 4 8/11/15
at OTC comprised of the West Chapman Parking Lot, the pedestrian undercrossing, Metrolink
platform with the ticket station areas and public restrooms and the future Metrolink Parking
Structure at the Lemon Street Parking Lot. The proposed VSS will include Automated License
Plate Readers (ALPR) system that captures license plate numbers should we determine to utilize
this program. A significant benefit is the VSS is an open system which provides greater
flexibility for future integration and expansion.
Staff will continue to provide updates as this important project moves through the design phase
in conjunction with the Metrolink Parking Structure final design effort.
8. ATTACHMENTS
• Resolution No. 10885
• Professional Services Agreement with Convergint
N: \Economic Development Files \STAFF REPORTS\2015 \081115a VSS Award of Contract.doc
ITEM 5 8/11/15
RESOLUTION NO. 10885
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE AWARD OF
CONTRACT AND AUTHORIZING THE
EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT WITH CONVERGINT
TECHNOLOGIES FOR BID NO. 145 -61 FOR THE
DESIGN AND INSTALLATION OF THE
METROLINK ORANGE TRANSPORATION
CENTER VIDEO SURVEILLANCE SYSTEM.
WHEREAS, the City of Orange (the "City ") is a municipal corporation, which
exercises governmental functions and powers and is organized and existing under the laws of
the State of California; and
WHEREAS, in 2006, in conformance with the Federal Transit Administration (FTA)
Transit Security Design Guidelines, the Orange County Transportation Authority (OCTA)
developed strategic security plans for commuter rail facilities, along with standards for the
design and procurement of security camera networks known as video surveillance systems
(VSS); and
WHEREAS, in June 2007, the United States Department of Homeland Security
completed transit risk assessment models showing that Metrolink commuter rail stations needed
increased security; and
WHEREAS, on September 13, 2007, the OCTA Board of Directors (Board) approved
the Metrolink VSS Deployment Program for use of FTA Safe Accountable Flexible Efficient
Transportation Equity Act: A Legacy for Users Grant Program Section 5309 money to fund 80
percent of the Program, with a 20 percent match from the Commuter Urban Rail Endowment
(CURE) fund; and
WHEREAS, the Orange Transportation Center (OTC) is a commuter rail station listed
in the Metrolink VSS Deployment Program to receive $750,000 in funding for the design and
installation of a VSS; and
WHEREAS, on April 14, 2015, the City Council approved a Cooperative Agreement
No. C -5 -3183 with the Orange County Transportation Authority ( "OCTA ") providing for
funding in the amount of $750,000.00 for the design and installation of a video surveillance
system at the OTC; and
WHEREAS, in furtherance of the Cooperative Agreement No. C -5 -3183, the City
released a Request for Proposal for the design and installation of a VSS at the OTC on June 11,
2015; and
WHEREAS, the firm of Convergint Technologies demonstrates a comprehensive
approach to the design and infrastructure to support the installation of a VSS at the OTC,
provides extensive experience with the FTA funding processes with recent project
implementation and meets the criteria of the Request for Proposal.
NOW, THEREFORE, the City Council of the City of Orange resolves, finds and
determines, on the basis of the facts set forth in the agenda report presented to it and any
testimony received at the meeting at which this matter was considered, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council hereby finds and determines that the Professional
Services Agreement with Convergint Technologies and the City of Orange furthers the public
health, safety and welfare.
Section 3. The City Council hereby finds and determines that the terms and
provisions of the Professional Services Agreement, substantially in the form submitted by the
City Attorney, are approved and that the Mayor is authorized to execute, and the City Clerk
to attest, the Agreement on behalf of the City.
Section 4. The City Manager is hereby authorized, on behalf of the City, to sign
all documents necessary and appropriate to carry out and implement the Professional Services
Agreement with Convergint Technologies substantially in the form presented, and to
administer the City's obligations, responsibilities and duties to be performed under the
Cooperative Agreement.
Section 5. This Resolution shall take effect immediately upon its adoption.
ADOPTED this day of , 2015.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. Murphy, City Clerk, City of Orange
2
I, MARY E. MURPHY, City Clerk of the City of Orange,
certify that the foregoing Resolution was duly and regularly adopted
the City of Orange at a regular meeting thereof held or
2015, by the following vote:
AYES: COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
California, do hereby
by the City Council of
the day of
Mary E. Murphy, City Clerk, City of Orange
RESOLUTION NO. 10885
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE AWARD OF
CONTRACT AND AUTHORIZING THE
EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT WITH CONVERGINT
TECHNOLOGIES FOR BID NO. 145 -61 FOR THE
DESIGN AND INSTALLATION OF THE
METROLINK ORANGE TRANSPORATION
CENTER VIDEO SURVEILLANCE SYSTEM.
WHEREAS, the City of Orange (the "City ") is a municipal corporation, which
exercises governmental functions and powers and is organized and existing under the laws of
the State of California; and
WHEREAS, in 2006, in conformance with the Federal Transit Administration (FTA)
Transit Security Design Guidelines, the Orange County Transportation Authority (OCTA)
developed strategic security plans for commuter rail facilities, along with standards for the
design and procurement of security camera networks known as video surveillance systems
(VSS); and
WHEREAS, in June 2007, the United States Department of Homeland Security
completed transit risk assessment models showing that Metrolink commuter rail stations needed
increased security; and
WHEREAS, on September 13, 2007, the OCTA Board of Directors (Board) approved
the Metrolink VSS Deployment Program for use of FTA Safe Accountable Flexible Efficient
Transportation Equity Act: A Legacy for Users Grant Program Section 5309 money to fund 80
percent of the Program, with a 20 percent match from the Commuter Urban Rail Endowment
(CURE) fund; and
WHEREAS, the Orange Transportation Center (OTC) is a commuter rail station listed
in the Metrolink VSS Deployment Program to receive $750,000 in funding for the design and
installation of a VSS; and
WHEREAS, on April 14, 2015, the City Council approved a Cooperative Agreement
No. C -5 -3183 with the Orange County Transportation Authority ( "OCTA ") providing for
funding in the amount of $750,000.00 for the design and installation of a video surveillance
system at the OTC; and
WHEREAS, in furtherance of the Cooperative Agreement No. C -5 -3183, the City
released a Request for Proposal for the design and installation of a VSS at the OTC on June 11,
2015; and
WHEREAS, the firm of Convergint Technologies demonstrates a comprehensive
approach to the design and infrastructure to support the installation of a VSS at the OTC,
provides extensive experience with the FTA funding processes with recent project
implementation and meets the criteria of the Request for Proposal.
NOW, THEREFORE, the City Council of the City of Orange resolves, finds and
determines, on the basis of the facts set forth in the agenda report presented to it and any
testimony received at the meeting at which this matter was considered, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council hereby finds and determines that the Professional
Services Agreement with Convergint Technologies and the City of Orange furthers the public
health, safety and welfare.
Section 3. The City Council hereby finds and determines that the terms and
provisions of the Professional Services Agreement, substantially in the form submitted by the
City Attorney, are approved and that the Mayor is authorized to execute, and the City Clerk
to attest, the Agreement on behalf of the City.
Section 4. The City Manager is hereby authorized, on behalf of the City, to sign
all documents necessary and appropriate to carry out and implement the Professional Services
Agreement with Convergint Technologies substantially in the form presented, and to
administer the City's obligations, responsibilities and duties to be performed under the
Cooperative Agreement.
Section 5. This Resolution shall take effect immediately upon its adoption.
ADOPTED this day of , 2015.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. Murphy, City Clerk, City of Orange
4
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the day of
, 2015, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Mary E. Murphy, City Clerk, City of Orange
3
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement ") is made at
Orange, California, on this day of , 2015 herein referred to as the
"Effective Date" by and between the CITY OF ORANGE, a municipal corporation ( "City "), and
CONVERGINT TECHNOLOGIES, LLC, a Delaware limited liability corporation
( "Consultant "), who agree as follows:
1. Services Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to the reasonable satisfaction of City the services set forth in Exhibit
"A," the Concept of Operations set forth in Exhibit `B," and the Consultant Proposal set forth in
Exhibit "C ", which is attached hereto and incorporated herein by this reference. As a material
inducement to the City to enter into this Agreement, Consultant represents and warrants that it
has thoroughly investigated and considered the scope of services and fully understands the
difficulties and restrictions in performing the work. Consultant represents that it is experienced
in performing the work and will follow the highest professional standards in performance of the
work. All services provided shall conform to all federal, state and local laws, rules and
regulations and to the best professional standards and practices. The terms and conditions set
forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the
contrary.
Majid Farhat, Principal Civil Engineer, (herein referred to as the "City's Project
Manager "), shall be the person to whom the Consultant will report for the performance of
services hereunder. It is understood that Consultant's performance hereunder shall be under the
direction and supervision of the City's Project Manager (or his /her designee), that Consultant
shall coordinate its services hereunder with the City's Project Manager to the extent required by
the City's Project Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City's Project Manager and the City Manager.
2. Compensation and Fees
a. Consultant's total compensation for all services performed under this
Agreement, shall not exceed SIX HUNDRED THIRTEEN THOUSAND SEVEN HUNDRED
TWENTY FIVE DOLLARS and 00 /100 ($613,725.00); and NINETY TWO THOUSAND
FIFTY EIGHT DOLLARS and 00 /100 ($92,058.00) for contingencies such as any unforeseen
difficulties, changes and /or modifications to technology and related equipment which may arise
or be encountered in the prosecution of the Work without the prior written authorization of the
City.
b. The above fee shall include all costs, including, but not limited to, all
clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3. Payment
a. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
C. City will pay Consultant the amount invoiced within 35 days, but may
withhold 10% of any invoice until all work is completed, which sum shall be paid within 35 days
of completion of the work and receipt of all deliverables.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by the City
Manager or his designee as an amendment to this Agreement. The amendment shall set forth the
changes of work, extension of time for preparation and adjustment of the fee to be paid by City
to Consultant.
5. Licenses Consultant represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Consultant and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor At all times during the term of this Agreement,
Consultant shall be an independent contractor and not an employee of City. City shall have the
right to control Consultant only insofar as the result of Consultant's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Consultant shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security, withholding
and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Consultant acknowledges that Consultant and any subcontractors, agents or employees employed
by Consultant shall not, under any circumstances, be considered employees of the City, and that
they shall not be entitled to any of the benefits or rights afforded employees of the City,
including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees
Retirement System benefits, or health, life, dental, long -term disability or workers' compensation
insurance benefits.
7. Consultant Not Agent Except as City may specify in writing, Consultant shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Designated Persons Except as otherwise authorized by the City's Project
Manager, only those personnel listed in the attached exhibits, if any, shall perform work
provided for under this Agreement. It is understood by the parties that clerical and other
nonprofessional work may be performed by persons other than those designated.
9. Assignment or Subcontracting No assignment or subcontracting by Consultant
of any part of this Agreement or of funds to be received under this Agreement shall be of any
force or effect unless the assignment has had the prior written approval of City. City may
terminate this Agreement rather than accept any proposed assignment or subcontracting. Such
assignment or subcontracting may be approved by the City Manager or his designee.
10. Time of Completion Consultant agrees to commence the work provided for in
this Agreement within (10) days of the date herein above stated and to diligently prosecute
completion of the work in accordance with the time period or otherwise agreed to by and
between the representatives of the parties.
11. Time Is of the Essence Time is of the essence in this Agreement. Consultant
shall do all things necessary and incidental to the prosecution of Consultant's work.
12. Liquidated Damages Consultant shall pay City, or have withheld from monies
due it, as liquidated damages, the sum of FIVE HUNDRED DOLLARS and 00 /100 ($500.00)
per day for each and every calendar day's delay in finishing the work within the time specified,
including any written extensions which may be granted, in writing, in accordance with this
Agreement.
13. Delays and Extensions of Time. Consultant's sole remedy for delays outside its
control, other than those delays that are caused by the City, shall be an extension of time. No
matter what the cause of the delay, Consultant must document any delay and request an
extension of time in writing at the time of the delay to the satisfaction of City. Any extensions
granted shall be limited to the length of the delay outside Consultant's control. If Consultant
believes that delays caused by the City will cause it to incur additional costs, it must specify, in
writing, why the delay has caused additional costs to be incurred and the exact amount of such
cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed
amount absent a written amendment to this Agreement.
14. Products of Consultant The documents, materials, manuals, plans,
specifications, deliverables and any other products produced or provided by Consultant for this
Agreement shall become the property of City upon receipt. Consultant shall deliver all such
products to City prior to payment for same. City may use, reuse or otherwise utilize such
products without restriction.
15. Equal Employment Opportunity During the performance of this Agreement,
Consultant agrees as follows:
a. Consultant shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin or mental or physical disability.
Consultant shall ensure that applicants are employed and that employees are treated during
employment, without regard to their race, color, religion, sex, national origin, or mental or
physical disability. Such actions 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.
Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, a notice setting forth provisions of this non - discrimination clause.
b. Consultant shall, in all solicitations and advertisements for employees
placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration
for employment without regard for race, color, religion, sex, national origin, or mental or
physical disability.
C. Consultant shall cause the foregoing paragraphs (a) and (b) to be inserted
in all subcontracts for any work covered by this Agreement, provided that the foregoing
provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Civil Rights Assurance. During the performance of this Agreement, Consultant, for
itself, its assignees and successors in interest agree as follows:
a. Compliance with Regulations Consultant shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of the Department of
Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may
be amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Agreement.
b. Nondiscrimination Consultant, with regard to the work performed by it
during the Agreement, shall not discriminate on the grounds of race, color, or national origin in
the selection and retention of subcontractors, including procurements of materials and leases of
equipment. The Consultant shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when the
Agreement covers a program set forth in Appendix B of the Regulations.
C. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment In all solicitations either by competitive bidding or negotiation made by the
Consultant for work to be performed under a subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant
of the Consultant's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports Consultant shall provide all information and
reports required by the Regulations or directives issued pursuant thereto, and shall permit access
to its books, records, accounts, other sources of information and its facilities as may be
determined by the City to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Consultant is in the exclusive possession of
another who fails or refuses to furnish this information the Consultant shall so certify to the City
as appropriate, and shall set forth what efforts it has made to obtain the information.
e. Sanctions for Noncompliance In the event of the Consultant's
noncompliance with nondiscrimination provisions of this Agreement, the City shall impose
Agreement sanctions as it may determine to be appropriate, including, but not limited to:
i. Withholding of payments to the Consultant under the Agreement
until the Consultant complies; and/or
ii. Cancellation, termination, or suspension of the Agreement, in whole
or in part.
f. Title VI of the Civil Rights Act In determining the types of property or
services to acquire, no person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program or activity receiving Federal financial assistance in violation
of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000d et seq. and
DOT regulations, "Nondiscrimination in Federally Assisted Programs of the Department of
Transportation— Effectuation of Title VI of the Civil Rights Act of 1964," 49 CFR Part 21. In
addition, FTA Circular 4702.1, "Title VI and Title VI- Dependent Guidelines for FTA
Recipients," 05- 13 -07, provides FTA guidance and instructions for implementing DOT's Title
VI regulations.
g. The Americans with Disabilities Act of 1990, as amended (ADA
42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with
disabilities in all programs, activities, and services of public entities, as well as imposes specific
requirements on public and private providers of transportation.
h. Incorporation of Provisions Consultant shall include the provisions of
paragraphs (a) through (h) in every subcontract, including procurements of materials and leases
of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Consultant shall take such action with respect to any subcontract or procurement as the City may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
however, that in the event a Consultant becomes involved in, or is threatened with, litigation with
a subcontractor or supplier as a result of such direction, the Consultant may request the City to
enter into such litigation to protect the interests of the City, and, in addition, the Consultant may
request the United States to enter into such litigation to protect the interests of the United States.
17. Race - conscious DBE Contract Provisions for DOT Assisted Consultant
Contracts At the time of contract execution, the Consultant committed to utilize DBE(s) in the
performance of this DOT - assisted contract, and further agrees to ensure that DBE subcontractors
listed on the "DBE Participation Commitment Form Exhibit D," perform work and /or supply
materials in accordance with original commitments, unless otherwise directed and /or approved
by the City prior to the Consultant effectuating any changes to its race - conscious DBE
participation commitment(s). Consultant shall comply with all the requirements set forth in
Attachment "A" titled, "DBE CONTRACT PROVISIONS FOR FTA- ASSISTED
CONTRACTS WITH DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOALS ", which
is attached to and, by this reference, incorporated in and made a part of this Agreement.
18. Conflicts of Interest Consultant agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Consultant knows or has reason to know that Consultant, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
19. Indemnity
a. To the fullest extent permitted by law, Consultant agrees to indemnify,
defend and hold the City, its City Council and each member thereof, and the officers, employees
and representatives of the City (herein referred to collectively as the "Indemnitees ") entirely
harmless from all liability arising out of:
(1) Any and all claims under worker's compensation acts and other employee
benefit acts with respect to Consultant's employees or Consultant's contractor's
employees arising out of Consultant's work under this Agreement; and
(2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission other than a professional act or
omission of the Consultant, or person, firm or corporation employed by the
Consultant, either directly or by independent contract, including all damages due
to loss or theft sustained by any person, firm or corporation including the
Indemnitees, or any of them, arising out of, or in any way connected with the
work or services which are the subject of this Agreement, including injury or
damage either on or off City's property; but not for any loss, injury, death or
damage caused by the active negligence or willful misconduct of City. The
Consultant, at Consultant's own expense, cost and risk, shall indemnify any and
all claims, actions, suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this
subparagraph, and shall pay or satisfy any judgment that may be rendered against
the Indemnitees, or any of them, in any action, suit or other proceedings as a
result of coverage under this subparagraph.
b. To the fullest extent permitted by law, Consultant agrees to indemnify and
hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or
death of persons or damage to property caused by the negligent professional act or omission in
the performance of professional services pursuant to this Agreement.
C. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
20. Insurance
a. Consultant shall carry workers compensation insurance as required by law
for the protection of its employees during the progress of the work. Consultant understands that
it is an independent contractor and not entitled to any worker's compensation benefits under any
City program.
b. Consultant shall maintain during the life of this Agreement,
comprehensive general liability insurance or commercial general liability insurance written on an
occurrence basis providing for a combined single limit of $2 million for bodily injury, death and
property damage.
C. Consultant shall maintain during the life of this Agreement, automotive
liability insurance on a comprehensive form covering all owned, non -owned and hired
automobiles providing for a combined single limit of $1 million for bodily injury, death and
property damage.
d. Each policy of general liability and automotive liability shall provide that
City, its officers, agents, and employees are declared to be additional insureds under the terms of
the policy, but only with respect to the work performed by Consultant under this Agreement. A
policy endorsement to that effect shall be provided to the City along with the certificate of
insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 07 04.
In lieu of an endorsement, the City will accept a copy of the policy(ies) which evidences that the
City is an additional insured as a contracting party.
e. Consultant shall maintain during the life of this Agreement professional
liability insurance covering errors and omissions arising out of the performance of this
Agreement with a combined single limit of $2,000,000. Consultant agrees to keep such policy in
force and effect for at least five years from the date of completion of this Agreement.
L The insurance policies maintained by Consultant shall be primary
insurance and no insurance held or owned by City shall be called upon to cover any loss under
the policy. Consultant will determine its own needs in procurement of insurance to cover
liabilities other than as stated above.
g. Before Consultant performs any work or prepares or delivers any
materials, Consultant shall furnish certificates of insurance and endorsements, as required by
City, evidencing the aforementioned general liability, automotive and professional liability
insurance coverages on forms acceptable to City, which shall provide that the insurance in force
will not be canceled or allowed to lapse without at least ten (10) days prior written notice to City.
h. Except for professional liability insurance coverage that may be required
by this Agreement, all insurance maintained by Consultant shall be issued by companies
admitted to conduct the pertinent line of insurance business in the State of California and having
a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating
Guide. In the case of professional liability insurance coverage, such coverage shall be issued by
companies either licensed or admitted to conduct business in the State of California so long as
such insurer possesses the aforementioned Best's rating.
i. Consultant shall immediately notify the City if any required insurance
lapses or is otherwise modified and cease performance of this Agreement unless otherwise
directed by the City. In such a case, the City may procure insurance or self - insure the risk and
charge Consultant for such costs and any and all damages resulting therefrom, by way of set -off
from any sums owed Consultant.
j. Consultant agrees that in the event of loss due to any of the perils for
which it has agreed to provide insurance, Consultant shall look solely to its insurance for
recovery. Consultant hereby grants to the City, on behalf of any insurer providing insurance to
either the Consultant or to the City with respect to the services of Consultant herein, a waiver of
any right to subrogation which any such insurer of said Consultant may acquire against the City
by virtue of the payment of any loss under such insurance.
k. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to the City
for review and approval. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
21. Termination The City may for any reason terminate this Agreement by giving
the Consultant not less than five (5) days written notice of intent to terminate. Upon receipt of
such notice, the Consultant shall immediately cease work, unless the notice from the City
provides otherwise. Upon the termination of this Agreement, the City shall pay Consultant for
services satisfactorily provided and all allowable reimbursements incurred to the date of
termination in compliance with this Agreement, unless termination by the City shall be for cause,
in which event the City may withhold any disputed compensation. The City shall not be liable
for any claim of lost profits.
22. Maintenance and Inspection of Records In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full
and complete books, documents, papers, accounting records, and other information (collectively,
the "records ") pertaining to the costs of and completion of services performed under this
Agreement. The City, Orange County Transportation Authority, the U.S Department of
Transportation and any of their authorized representatives shall have access to and the right to
audit and reproduce any of Consultant's records regarding the services provided under this
Agreement. Consultant shall maintain all such records for a period of at least three (3) years
after termination or completion of this Agreement in connection with the Cooperative Agreement
C -5 -9183. Consultant agrees to make available all such records for inspection or audit at its
offices during normal business hours and upon three (3) days notice from the City, and copies
thereof shall be furnished if requested.
23. Compliance with all Laws/Immigration Laws Consultant shall be
knowledgeable of and comply with all local, state and federal laws which may apply to the
performance of this Agreement. Consultant warrants and represents that all of its employees,
including any and all prospective employees hired to perform services for the City under this
Agreement and the employees of any subcontractor retained by the Consultant to perform a
portion of the services under this Agreement, are and will be authorized to perform the services
contemplated by this Agreement in full compliance with all applicable state and federal laws,
rules and regulations, including, but not limited to, the Immigration Nationality Act of 1952
(commencing with Section 1101 of Title 8 of the United States Code), and the Immigration
Nationality and the Immigration Reform and Control Act of 1986 (commencing with Section
1324a of Title 8 of the United States Code), as amended. The Consultant agrees to indemnify
and hold the City, its officials, and employees harmless for, of and from any loss, including but
not limited to fines, penalties and corrective measures, the City may sustain by reason of the
Consultant's failure to comply with said laws, rules and regulations in connection with the
performance of this Agreement.
24. Attorneys' Fees If any action at law or in equity is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable
attorneys' fees, costs, and necessary disbursements, in addition to any other relief to which it may
be entitled. If the City is the prevailing party and uses in -house counsel in the litigation, it shall
be entitled to recover attorneys' fees at the hourly rate that Contractor is being charged by its
attorney or at the in -house counsel's fully burdened rate, whichever is higher.
25. Governing Law This Agreement shall be construed in accordance with and
governed by the laws of the State of California and Consultant agrees to submit to the
jurisdiction of California courts.
26. Integration This Agreement constitutes the entire agreement of the parties. No
other agreement, oral or written, pertaining to the work to be performed under this Agreement
shall be of any force or effect unless it is in writing and signed by both parties. Any work
performed which is inconsistent with or in violation of the provisions of this Agreement shall not
be compensated.
27. Notice Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to
each party at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices may be sent by either facsimile or U.S. Mail. Notices shall be
deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is
earlier. Notices sent by facsimile shall be deemed received on the date of the facsimile
transmission.
"CONSULTANT"
Convergint Technologies
1667 N. Batavia Street
Orange, CA 92867
Attn.: Brian Sweet, General Manager
"CITY"
City of Orange
300 E. Chapman Avenue
Orange, CA 92866 -1591
Attn.: Frank Sun, City Engineer
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONVERGINT TECHNOLOGIES, LLC, a Delaware limited liability company
OF ORANGE, a municipal corporation
"CONSULTANT"
" CITY "
CITY
By:
Printed Name:
Title:
*By:
Printed Name:
Title:
APPROVED AS TO FORM:
Gary A. Sheatz
Senior Assistant City Attorney
* NOTE :
C
Teresa E. Smith, Mayor
ATTEST:
Mary E. Murphy, City Clerk
The City requires the following signature(s) on behalf of the Consultant:
(1) The Chairman of the Board, the President or a Vice - President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate officer holds
more than one corporate office, please so indicate. OR
(2) The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
Exhibit A
SCOPE OF WORK
Work of this contract includes furnishing all design, labor, materials, tools, and equipment as
required, for the Metrolink Service Expansion Program (MSEP) Video Surveillance System
(VSS) at the Orange Metrolink Station within the City of Orange, California. The City of Orange
is requesting proposals for a new Video Surveillance System (VSS) at the Metrolink Station site.
The VSS will be procured as a design /install approach to project delivery. The VSS will be
owned, operated, and maintained by the City upon completion and acceptance of the project.
The OTC was built at its present location in 1993 with a ridership of more than 770 daily
passengers. Orange Metrolink Station is geographically located at 194 N. Atchison Street. The
OTC is comprised of:
1) The Orange Metrolink Station;
2) The West Chapman Avenue parking lot that provides 191 surface parking spaces to
serve the OTC;
3) The Historic Santa Fe Depot Building;
4) A pedestrian undercrossing; and,
5) A future 5 -story parking structure planned at the Lemon Street parking lot, which will
provide approximately 611 parking spaces of which 500 parking spaces available for
transit riders identified as the Metrolink Parking Structure.
The proposal should consider the possible relocation of system components to provide for
system software and data base updating, video retrieval,., at the Orange Police Headquarters
located at 1107 N. Batavia Street and City Hall facility located at 300 E. Chapman Avenue.
Refer to Exhibit G for OTC Site Plan.
The VSS project would be designed to be coordinated and integrated with the construction of the
proposed Metrolink Parking Structure. Installation of the VSS infrastructure and system
components shall be coordinated following completion of construction of the Metrolink Parking
Structure. The Metrolink Parking Structure Design Team that includes the project architect and
parking consultant are presently completing the design development plans for the parking
structure. The selected VSS Consultant will design the VSS system using schematic and /or
design development plans furnished by the Design Team for the parking structure. The
selected VSS contract shall design the VSS system and prepare the detailed plans for
installation of the VSS system to a part of the parking structure plans.
In addition, the Offeror shall evaluate the existing conditions at the West Chapman Parking Lot,
the Pedestrian Undercrossing and Metrolink Train Station to determine the most appropriate
VSS approach and associated design and installation of a VSS system at these locations for
integral OTC coverage.
1.0 GENERAL REQUIREMENTS
The objective of the VSS is to enhance security at the OTC, serve as a physical deterrent to
undesirable activities, and ensure a comfortable environment for OTC passengers, business
patrons and employees. The VSS should provide video recording capability of OTC activity to
include remote monitoring at the Orange Police Department of real -time and recorded
surveillance material, which will be stored on equipment housed at the Orange City Hall facility.
The Offeror shall provide a VMS software that will be fully compatible with the software located
in the Orange Police Department and the Public Works Department/Water Division that is
currently being used so that a seamless integration between new addition and the existing
structure can be made in the future. Additional software licenses will be provided by the
Consultant that will allow these cameras to operate on the same platform with the current
software used at the Orange Police Department and /or recommend an equivalent.
Plans detailing existing fiber connections between the OTC, Orange Police Department and City
Hall is provided in Exhibit G. The Consultant shall identify the equipment to be capable of
transferring data at a particular speed over a particular type of fiber.
1.1 The Consultant shall furnish all design documents, equipment, materials, labor,
supervision, installation, tools, testing, demonstration, training, and equipment
required to design, install and startup the video surveillance system as described
in these specifications.
1.2 The Consultant shall coordinate installation work with City and OCTA personnel
and plan work to minimize disruption to Orange Metrolink Station operations and
activity around the OTC.
1.3 Utility outages must be scheduled 48 hours in advance.
1.4 Temporary blocking of public areas must be scheduled 48 hours in advance.
1.5 Consultant will need to get a right of entry permit form Metrolink to do work at
platform. This will require RR safety training and insurance while in this area.
These requirements should be included and I can help you gather this form
Metrolink.
2.0 GENERAL
The City would like the VSS to be a network based IP system using Common Off The
Shelf (COTS) network components (LAN switches, Storage Area Network, Network
Video Recording Application Software). The VSS should be designed in a manner that
can be expandable and capable of incorporating video analytics, local and remote
monitoring in the future. It is anticipated that as funds become available the VSS will be
expanded by adding new cameras, local monitoring and a connection to the Orange
Police Department's Command Monitoring Center.
The design and installation of the VSS including fiber optic and copper networks,
interface hardware, conduit, and associated software. The Offeror shall recommend
areas of proposed coverage at OTC including the existing and future parking facilities
and the pedestrian undercrossing to be detailed onsite plan drawings. The drawings
shall indicate camera locations and priorities. The VSS proposal shall provide for fixed
wide -angle view and pan - tilt -zoom cameras throughout the OTC.
3.0 PROPOSED CAMERA LOCATIONS AT THE OTC
Provide a guiding framework for the initial phase of the VSS installation and operation
that would include recommendations for surveillance locations utilizing a system of
cameras and associated equipment and technical capabilities and if feasible.
Throughout this RFP whereby the City has specified high - resolution cameras, the term
high - resolution shall achieve internationally accepted levels of quality including but not
limited to: 1) forensically identifiable; 2) Identifiable; 3) Recognizable; and, 4) Detectable.
3.1 Vehicle Entrances: Provide high - resolution fixed wide -angle view cameras with
extended dynamic range including an Automated License Plate Recognition
System (ALPRS); Route camera cabling through existing conduit provided by the
parking garage contractor.
3.2 Overall view of the stair lobbies and emergency call boxes. Provide high -
resolution fixed cameras with extended dynamic range. Route camera cabling
through existing conduit provided by the parking garage contractor.
3.3 Overall views of the access pathway (at the Metrolink Parking Structure). Provide
day /night, extended dynamic range, high - resolution fixed cameras and
recommend placement of pathway cameras and power cabling.
3.4 Elevator Cameras: Provide fixed, wide angle, vandal resistant cameras providing
views of the elevator cabs. Route power and video via the elevator traveling
cables. Coordinate installation with elevator provider. From the elevator
equipment room route camera cabling through existing conduit provided by the
parking garage contractor.
3.5 Train platform. Provide high resolution, day /night, fixed cameras with extended
dynamic range providing overall views of the platform and recommend placement
of cameras and power cabling.
3.6 Pedestrian undercrossing. Assess existing camera system to determine if overall
views of the pedestrian undercrossing are sufficient. Determine if additional
changes and /or additional cameras are recommended.
3.7 Train platform ramp to pedestrian tunnel. Provide a high - resolution fixed camera
with extended dynamic range providing overall views of the ramp leading to the
pedestrian tunnel and recommend placement of cameras and power cabling.
3.8 Overall view of the surface parking lots, train platform, and areas surrounding the
parking garage. Provide recommendations for camera locations as needed.
3.9 In the SOW camera locations, TVM's as an area to be included in camera
coverage and you may want to consider the entrances to public rest rooms.
3.10
3.11 Lighting Recommendations. The Consultant shall identify and mitigate any
safety issues as it relates to lighting to improve lighting locations that will
increase camera usefulness
4.0 SYSTEM RECORDING REQUIREMENTS
The system shall be equipped to provide continuous recording capability of all cameras
and store the captured images (for retrieval as forensically necessary for at least one
year in accordance with the California Public Utilities Commission requirements. The
stream that is being recording is of importance to the City and specifications of this RFP
require the H.264 streaming method be used on all cameras. The required quality level
at each stage shall be detailed in the proposal. Compressing of the files shall be
handled in which the first 90 days shall be saved in the highest quality level and then a
lower quality version for the remaining period. The Consultant shall detail the system
recording at each stage level. The Contractor is required to provide storage calculations
directly from the camera manufacturer.
5.0 SUBMITTALS
5.1 A VSS shall be sized and a one -line diagram developed. The one line diagram
indicating cameras, network equipment, power supplies, and recording servers
shall be submitted with proposal
5.2 The Consultant shall make design review submittals to the City at 60% and 95%
levels of completion. Submittals shall include all calculations used to size
equipment, construction drawings, specifications and proposed equipment cut
sheets.
5.3 The Consultant shall prepare responses to City's 60% and 95% design review
comments.
5.4 The Consultant shall provide submittal of final design documents to the City of
Orange Planning and Building for permit review.
6.0 OPERATION AND MAINTENANCE MANUALS
Operation and maintenance manuals shall include:
6.1 Manufacturer's Instruction Manuals: Submit brochures, manuals, and service
sheets published by the manufacturers of the components, devices, and
equipment provided. Include instructions for operating and maintaining the
system and source information for spare and replacement parts.
6.2 The Consultant shall provide all usernames and passwords that are set -up for
the system as well as detailed documentation that will explain how each can be
properly changes without disrupting the system. Passwords should be able to be
changed as frequently as the City's security policies require.
6.3 Performance, Test, and Adjustment Data: Include comprehensive documentation
of all performance verification and correction procedures and measurements.
6.4 Wiring one -line diagrams and floor plans.
6.5 All as -built drawing shall be provided in both AutoCAD and PDF format.
7.0 WARRANTY COVERAGE
7.1 Five -year parts and labor warranty for the entire VSS installed by this project.
Consultant shall provide a service technician on -site within 4 hours of call for
service.
7.2 Five -year preventive maintenance (PM) agreement for the VSS installed by this
project.
7.3 PM agreement shall include all material and labor as recommended by the
equipment manufacturer to insure the warranty.
7.4 PM agreement shall also include all software upgrades, operating system
upgrades, bug fixes, and patches as provided or recommended by the equipment
manufacturer.
8.0 NETWORK AND RECORDING EQUIPMENT
8.1 Develop for review and comment video recording calculations indicated the
network video servers required to provide one year of recording.
8.2 Develop and submit for review and comment rack elevation details. Details must
include sizes of equipment.
8.3 Develop for review and comment enlarged floor plans of the VSS room showing
layout of equipment racks and wall mounted equipment. Include electrical
distribution equipment located within the room.
8.4 Develop for review and comment network equipment power requirements.
Coordinate requirements with electrical distribution system designer. All major
networking and server equipment shall include a redundant power supply that
should be connected to two different circuits and preferably two different phases.
9.0 TESTING, DOCUMENTATION AND TRAINING
9.1 Submit testing procedures for review and approval. Testing shall demonstrate the
conformance of the system to the requirements of the drawings and
specifications.
9.2 Upon completing installation of the system, align, adjust, and balance the system
and perform complete pretesting. Determine, through pretesting, the
conformance of the system to the requirements of the drawings and
specifications. Correct deficiencies observed in pretesting. Replace or repair
malfunctioning or damaged items, and retest until satisfactory performance and
conditions are achieved.
9.3 Upon completion of pretesting, conduct acceptance testing in presence of
Owner's Representative.
9.4 The Consultant shall provide VSS training to City.
9.5 The Consultant shall provide as -built documentation of the system
10.0 INTENT OF PLANS AND SPECIFICATIONS
The intent of the drawings and specifications is to provide a basis of design for the
design, construction, and completion of the work, which the Consultant undertakes to
perform in accordance with the terms of the contract. The drawings and specifications
are preliminary design documents that depict the conceptual level requirements for the
project. The Consultant shall furnish all design, labor, materials, tools, equipment,
programming, documentation, training and demonstration and incidentals. All the work
involved in executing the contract in a satisfactory and workmanlike manner.
11.0 PERMITS AND LICENSES
The Consultant shall obtain all permits and licenses, pay all charges and fees and give
all notices, obtain all inspections necessary and incident to the due and lawful
prosecution of the work from all agencies having jurisdiction over the work including but
not limited to City of Orange, County of Orange, and CAL -OSHA.
12.0 BEGINNING AND COMPLETION OF THE WORK
The Consultant -shall begin work within 7 calendar days after receiving the Notice to
proceed. The Consultant shall notify the City 72 hours prior to the start of any work.
13.0 COOPERATION
The Consultant shall cooperate fully with all forces of the City. Consultant shall arrange
his work and space requirements to offer the least interference with the existing bus
operations and maintenance of this facility. All bus and vehicle travel path and route
around the OTC to remain open at all times. Provide all traffic cones, barricades, signs
for delineating traffic through work area. Provide steel traffic plates over excavations of
construction for traffic to pass through construction areas at all times.
The Consultant shall cooperate fully with all forces of the public or private agencies
engaged in the relocation, altering, or otherwise rearranging of any facilities within or
adjacent to the limits of the work to minimize interference with said relocation, altering, or
other rearranging of facilities.
14.0 EXAMINATION OF PREMISES
Before Proposing of this work, Consultants shall make a careful examination of the
premises and shall thoroughly familiarize themselves with the requirements of the
contact. By the act of submitting a Proposal for the work included in this contract, the
Consultant shall be deemed to have made such study and examination, and that, he is
familiar with and accepts all conditions of the site.
15.0 DAMAGE TO THE FACILITY
The Consultant shall be responsible for damages to the existing property, building,
ground pavement, landscaping, equipment, utilities, and related appurtenances caused
by his faulty workmanship. He shall repair at his own expense all damages so caused.
16.0 TRAFFIC CONTROL
The Consultant shall provide flagmen, barricades, warning signs or other means to
control the traffic and maintain access for buses, vehicles, and pedestrians as required
for other activities and existing facility operations to remain in full operation during
construction. Work is to be done in phases as shown on the drawings. Provide clear
traffic lane (minimum 20 feet wide) for traffic to pass through construction area.
17.0 PRE - CONSTRUCTION MEETING
After issuing the Notice to Proceed, the Engineer will set a date and arrange for and
conduct a preconstruction meeting with members of the Consultant's organization before
beginning the construction work.
18.0 CONSULTANT'S SCHEDULES
At the Preconstruction meeting, the Consultant shall prepare and submit to the Engineer
for approval a schedule of work. This schedule shall indicate the number of days the
Consultant anticipates working on each phase of the project.
The schedule shall reflect the requirements on the "Plan of Sequence of Work ". The
dates of all key phases of the Plan shall appear clearly on the schedule.
The schedule shall orderly show planned sequences of operations, and the dates for
commencement and completion of all salient feature of the work.
A. The schedule shall be comprehensive, covering engineering design, design review
submittals, code review submittals, and activities at the site of the work,
procurement, and construction. The schedule shall be orderly and realistic, and shall
be revised as necessary to meet this requirement. The schedule shall also include all
of the key requirements of the "Plan of Sequence of Work ". The Consultant shall
promptly advise the Engineer of any occurrence requiring substantial revision of the
schedule and shall furnish a revised schedule within 7 days of such occurrence.
The Consultant shall submit 3 copies of each schedule and revised schedule
furnished.
The schedules shall be of the bar chart, critical path method, or precedence types, at
the Consultant's option. The critical path method type schedule shall be in the form
of a network diagram and activity listing. The precedence type schedule shall be in
the form of a network diagram, activity listing, and input listing.
19.0 NOT USED
20.0 MOBILIZATION
Mobilization shall include the moving onto the site of all the Consultant's equipment, as
required for the proper performance and completion of the work; bonds, appropriate
insurance certificates, fees and permits, cost breakdown, and progress schedule.
20.1 GENERAL TECHNICAL REQUIREMENTS
A. Project Appearance
1. The Consultant shall maintain a neat appearance of work. Debris developed
during clearing and grubbing shall be disposed of concurrently with its removal.
Remove debris daily from site. Keep bus traffic lanes clear of debris, construction
equipment, and activities.
2. Items that are to be reused shall be stacked neatly concurrently (daily).. The
location of the stacks shall not interfere with the operation of the maintenance
facility.
3. Dust Control
Attention is directed to Section 10, "Dust Control" of the Standard Specifications
State of California Department of Transportation, Latest Edition.
Full compensation for conforming to the provisions in this section, not otherwise
provided for, shall be considered as included in the Proposal price and no
additional compensation will be allowed therefore.
20.2 APPLICABLE STANDARD SPECIFICATIONS
The Consultant shall design and construct the work specified herein in accordance with
the requirements of the RFP Documents and the referenced portions of the following
listed Standards and Specifications and such other documents, which are specified in,
appropriate sections of the Specifications.
A. "Standard Specifications ". Standard Specifications for Public Work Construction
known as SSPWC as specified herein, Latest Edition, including all current
supplements, addenda, and revisions thereof.
4. Engineer shall mean the Project Manager of the City, acting either directly or
through properly authorized agents or representatives acting within the scope of
the particular duties entrusted to them.
5. Laboratory shall mean a recognized private materials testing laboratory,
approved by the City.
6. Plans shall be defined as provided in Section 1 -1.29 of the Standard
Specifications.
7. Special Provisions shall mean these specific clauses setting forth conditions or
requirements peculiar to the work and supplementary to the Standard
Specifications and shall include the General Provisions, the Technical
Provisions, the Proposal and Contractual Documents, and all additions,
deletions, modifications, and appendices and all addenda as prepared prior to
the date of Proposal opening.
C. References herein to "OSHA Regulations for Construction" of CAL - OSHA" shall
mean State of California, Department of Industrial Relations, Construction Safety
Orders, as amended to June 30, 1980, and all changes and amendments thereto
which are effective as of the date of construction and supplemented by Title 29, part
1926 Construction Safety and Health Regulations, Code of Federal Regulations
(OSHA), including all changes and amendments thereto.
PART 2- PROJECT CLOSEOUT
2.1 FINAL CLEANUP
A. After completion of all work on the project, and before making application for
acceptance of the work, the Consultant shall clean the construction site, including all
areas under the control of the City that have been used by the Consultant in
connection with the work on the project, and remove all debris, surplus material, and
equipment, and all temporary construction or facilities of whatever nature, unless
otherwise approved by the City. Final acceptance of the work by the City will be
withheld until the Consultant has satisfactorily complied with the foregoing
requirements for final cleanup of the project site.
B. Full compensation for conforming to the provisions in this section, not otherwise
provided for, shall be considered as included in the Proposal price and no additional
compensation will be allowed therefore.
PART 3- MAINTENANCE AND GUARANTY
3.1 GUARANTY
A guaranty form to be signed and delivered to the Engineer before acceptance of the
Contract is included in the Proposal and Contractual Documents.
Consultant guarantees that the work performed and materials furnished hereunder by
Consultant or subcontractors or suppliers will be free from defects in design, material,
and workmanship for a period of five years from the date of final acceptance.
The Consultant shall make all repairs and replacements at Consultant's own expense
promptly upon the request of the Engineer. If the Consultant fails to make such repairs
or replacements promptly, the City reserves the right to do the work and the Consultant
and surety shall be liable to the City for the cost thereof.
3.2 COMPENSATION
Full compensation for conforming to the provisions in the Section, not otherwise
provided for, shall be considered as included in the lump sum prices entered on the
Proposal Sheet and no additional compensation will be allowed therefore.
Exhibit B
CONCEPT OF OPERATIONS
(Behind this sheet)
CONCEPT OF OPERATIONS
General The Concept of Operations Plan contains two parts. Part I lists the purpose
of the Concept of Operations, as well as information about the project's purpose,
partners, background, limitations, agreements, and site. Part II contains the basic
concept, system configuration, and concept analysis, intent of operations, VSS
components, and site locations. Both parts are listed below.
PART
1. Purpose To provide a guiding framework; hereafter, known as the Concept of
Operations (COO), for implementation of a video surveillance system (VSS) for the City
of Orange, CA by the Orange County Transportation Authority (OCTA). Note: the VSS
for this site may consist of "Blue Phone" hardware and technology, and if financially
feasible, an Automated License Plate Recognition System (ALPRS).
2. Project Partners The project partners engaged in the VSS implementation effort for
the Metrolink Rail Station are select City of Orange, CA municipal departments and
divisions (i.e., City Manager's Office, Pubic Works, Police, Community Development
and Information Technology) and OCTA. The names of representative involved in COO
plan development were (see Table 1):
Table 1. List of Project Partners
Name
Lisa Kim
A.
Organization
City of Orange
Department
City Manager's
Office
714.744.2207
Ikim(a)cityoforange.org
Anna
Pehoushek
City of Orange
Community
Development
714.744 -7228
apehoushek(c)_cityoforange.M
Majid Farhat
City of Orange
Public Works
714.744 -5562
mfarhat(a)-cityoforange.org
Lt. Eric Rosauer
City of Orange
Police
714.744.7467
erosauer(a)orangepd.orq
Brad Beyer
City of Orange
Police
714.744.7327
bbeyer(a)-orangepd.org
Steven Scardina
City of Orange
IT
714.744.2283
sscardina(o
Lora Cross
OCTA
Rails Program
714.560.5788
Icross(o)_octa.net
3. Background OCTA applied to the Federal Department of Transportation, Federal
Transit Administration (FTA) for funding to support the implementation of VSS. Funding
grants were approved for implementation of VSS. The designs of the systems are in
various development stages. OCTA will oversee and coordinate the initial VSS system
implementation for the local jurisdictions along the alignment. Specifically, OCTA will
control disbursement of allocated funding to communities hosting various METROLINK
rail stations for implementation of this work. OCTA expects each hosting community to
22
assume control of VSS equipment functions, maintenance, and operations when system
implementation is completed, including any subsequent expansion of the system.
4. Limitations This document is limited to benchmarking implementation guidance for
the installation, control, function, operation, and maintenance of a VSS for the City of
Orange, CA. Other potential issues developed after delivery of the VSS should be
addressed by separate correspondence with the appropriate parties /agencies.
5. Mutual Agreements Other mutual agreements between OCTA and the City of
Orange relating to implementation of the VSS (i.e., schedule, reimbursements,
acceptance, etc.) are not included in this document, but should be addressed by OCTA
and the City of Orange as appropriate.
6. Site Information The site of the VSS implementation will be the Orange Metrolink
Station located within the Orange Transportation Center (OTC). It was built at its
present location in 1993 with a ridership of more than 770 daily passengers. Orange
Metrolink Station is geographically located at 194 N. Atchison Street, Orange, CA
92866. The nearest cross streets /intersection to the property is N. Atchison Street and
W. Chapman Avenue.
The Orange Transportation Center is comprised of: 1) the Orange Metrolink Station; 2)
the West Chapman Avenue parking lot that provides 191 surface parking spaces to
serve the station; 3) the Historic Santa Fe Depot Building; 4) a pedestrian
undercrossing, and 5) a future parking structure planned at the Lemon Street parking
lot, which will provide approximately 611 parking spaces of which 500 parking spaces
available for transit riders. Associated with this structure, provisions are being made for
a temperature controlled (conditioned) equipment room to house system conduit runs,
power supplies, and other equipment and component uses at the Orange Police
Department. The City of Orange has installed existing fiber link run from the Orange
Metrolink Station to the Orange Police Department and City Hall facility. Planning,
therefore, should consider the possible relocation of system components to provide for
system software and data base updating, video retrieval, etc., at the Orange Police
Headquarters and City Hall facility.
6.1 Site Function and Service The Orange Metrolink Station functions as an
intermodal Transportation facility in Orange, CA. It operates with daily and
weekend service and provides Metrolink ticket vending machines on site and for
passengers 24/7/365. The Orange Metrolink Station serves as a passenger rail
station and a bus transportation destination /transfer point for passengers.
Specifically, the station serves Metrolink's Orange County and Inland Empire
Orange County lines. It also connects with OCTA bus service on routes 54, 56
and 59, as well as Station Link routes 453 and 454.
23
Figure 1. Orange Transportation Center Site Map
6.3 Security /Law Enforcement Presence City of Orange's Police Department
provides sworn law enforcement patrols in the areas adjacent to the Orange
Metrolink Station, as well as the areas of the station.
PART II
1. Reference Document A potential industry best practice guideline for transit
stations, authored by the American Public Transportation Association (APTA), is being
researched as a recommended reference for this project.
2. Basic Concepts (1) Provide a guiding framework for the initial phase of the VSS
installation and operation that would include a system of cameras and associated
equipment and technology capabilities and if feasible, ALPRS; (2) conduct surveillance
of pre- determined locations within the OTC, (3) capture images based on established
and pre -set parameters; and (4) store the captured images (for retrieval as forensically
necessary) for at least one year as required by the California Public Utilities
Commission.
3. Procurement The VSS procurement may include, resources permitting the ALPRS,
which shall be designed /built via an RFP process developed and issued by the City of
Orange in coordination with the appropriate City of Orange Departments and Divisions
(i.e., City Manager's Office, Public Works, Police, Community Development and
Information Technology). The initial VSS implementation will be a stand -alone system
at the Orange Metrolink Station within the OTC. However, in the future, if the
appropriate resources are realized, a VSS connection to the Orange Police Department
may be possible to coordinate the sharing of information and data with other
24
Currently, there are four (4) VSS cameras installed at the Pedestrian
Undercrossing. There are no VSS installed at Orange Metrolink Station or the
W. Chapman Avenue Parking Lot.
jurisdictions in the Metrolink system. In addition, the ALPRS shall initially be a
standalone system located at the Orange Metrolink Station, but its components will
share, whenever possible, use of the same fiber network and conditioned equipment
room as the VSS.
4. Intent of Operations The VSS may provide a deterrent to crime and the recorded
video could be used for Police response and post- incident investigative purposes. The
VSS will also provide patrons with a communications medium to report incidents (via
`Blue Phone" hardware and technology); and the ALPRS may allow for license plate
information capture, retention, and post incident screening. VSS and ALPRS will be
installed throughout the OTC area to provide video coverage of surface parking areas
(and future parking structures); train platforms, pedestrian undercrossing tunnel way,
and the Orange pedestrian paseo (north alley between Cypress and Lemon Streets),
currently under development. Captured VSS and ALPRS images will be recorded and
stored at City Hall facilities, and viewable at the Orange Police Headquarters, if feasible,
according to CPUC requirements.
5. Systems Configurations.
5.1 VSS The VSS features Internet Protocol (IP) network connected cameras
that monitor exterior station locations. Recording of video images shall occur on
site. A personal computer will be provided for system administration and local
viewing of cameras, but is not intended to provide on -site monitoring capabilities.
An uninterrupted power supply (UPS) will provide surge protection and battery
backup for utility outages.
5.1.1 Recording The system shall be equipped to provide continuous
recording capability of all cameras and store the captured images (for
retrieval as forensically necessary for at least one year in accordance with
the California Public Utilities Commission requirements. The stream that
is being recording is of importance to the City and specifications of this
RFP require the H.264 streaming method be used on all cameras. The
required quality level at each stage shall be detailed. Compressing of the
files shall be handled in which the first 90 days shall be saved in the
highest quality level and then a lower quality version for the remaining
period. Provide details about the system recording at each stage level.
The system shall allow video images to be downloaded to other media for
archiving. The DVR will be sized to record video from each camera
according to its software configuration and store it for at least one year.
The Consultant is required to provide storage calculations directly from the
camera manufacturer.
5.1.2 Embedded image /frame information Each VSS recorded image
shall include the date and time of the recording as the current date & time
(Pacific Standard Time), the VSS camera number generating the image(s)
and the known name of the recorded location.
25
5.1.3 Uninterrupted Power Supply (UPS). Develop for review and
comment network equipment power requirements. Coordinate
requirements with electrical distribution system designer. All major
networking and server equipment shall include a redundant power supply
that should be connected to two different circuits and preferably two
different phases. The VSS shall be connected to a UPS system that
ensures continual electrical system stability for operations of the VSS for a
minimum of 15 minutes. Power shall be regulated to 120 volts /60 hertz
AC. The UPS shall be capable of signaling an alarm condition whenever
the system is operating or detects an internal trouble condition.
5.1.4 Camera Operation Fixed camera view of a specific area or areas
and shall capture images within the fields of view. Whereas, pan - tilt -zoom
cameras will be set to pan predetermined tours and routes to capture
images within its fields of view.
5.1.5 Cabinet Assembly A cabinet assembly may be necessary at the
site to protect the VSS components from environmental conditions.
5.1.6 VSS Server The VSS server should be sized to support equipment
components, such as camera software and captured images and retain
video images for the period of time required by state law.
5.1.7 Work Station and Server Installation The VSS workstation shall
be installed as directed by an IT Division. The VSS shall be set up for
operation by manufacturer's certified technicians. A complete VSS,
operating per the manufacturer's specifications shall be procured and
installed.
5.1.8 Associated Hardware VSS associated hardware, such as:
conduit, pull boxes, conductors and wiring, and fiber optic cable shall meet
the appropriate sections of State Specifications and other existing
requirements specified in project documents.
5.1.9 Software VSS analytical software components may include
features such as: motion detection, left- behind object detection, alarm
annunciation, etc., or other current analytical technologies, to the extent
that the project budget will allow.
5.1.10 System Testing and Documentation The system testing and
documentation shall cover fiber optic cable testing, functional testing,
performance testing, final acceptance and system documentation that is
required to validate the operational performance of the closed circuit
television system as shown on the plans and described elsewhere in
these special provisions. Testing and documentation shall be performed
and delivered in accordance with City of Orange contractual requirements.
5.2 ALPRS The ALPRS features software and hardware cameras that capture
and converts license plate numbers to alpha /numeric format for transiting
M
vehicles. Recording of captured images shall initially occur on site. A personal
computer will be provided for system administration, local viewing, and data base
storage of captured information, but is not intended to provide on -site monitoring
capabilities. An uninterrupted power supply (UPS) will provide surge protection
and battery backup for utility outages.
5.2.1 ' Recording . Recorder shall be provided to record video images from
each ALPRS camera. The recorder shall allow video images to be
downloaded to other media for archiving. The recorder will be sized to
record video from each camera according to its software configuration and
store it for at least one year.
5.2.2 Embedded image /frame information Each ALPRS recorded
image shall include the date and time of the recording as the current date
& time (Pacific Standard Time), the ALPRS camera number generating
the image(s) and the known name of the recorded location.
5.2.3 Uninterrupted Power Supply (UPS) The ALPRS shall be
connected to a UPS system that ensures continual electrical system
stability for operations of the VSS for a minimum of 15 minutes. Power
shall be regulated to 120 volts/ 60 hertz AC. The UPS shall be capable of
signaling an alarm condition whenever the system is operating or detects
an internal trouble condition.
5.2.4 Camera Operation Fixed camera views of specific vehicle areas
shall and capture image of license plate information with those fields of
view. The City has specified high - resolution cameras, the term high -
resolution shall achieve internationally accepted levels of quality including
but not limited to: 1) forensically identifiable; 2) Identifiable; 3)
Recognizable; and, 4) Detectable.
i. Vehicle Entrances: Provide high - resolution fixed wide -angle view
cameras with extended dynamic range including an Automated
License Plate Recognition System ( ALPRS); Route camera cabling
through existing conduit provided by the parking garage contractor.
ii. Overall view of the stair lobbies and emergency call boxes. Provide
high - resolution fixed cameras with extended dynamic range. Route
camera cabling through existing conduit provided by the parking
garage contractor.
iii. Overall views of the access pathway (at the Metrolink Parking
Structure). Provide day /night, extended dynamic range, high -
resolution fixed cameras and recommend placement of pathway
cameras and power cabling.
iv. Elevator Cameras: Provide fixed, wide angle, vandal resistant
cameras providing views of the elevator cabs. Route power and
video via the elevator traveling cables. Coordinate installation with
27
elevator provider. From the elevator equipment room route camera
cabling through existing conduit provided by the parking garage
contractor.
v. Train platform. Provide high resolution, day /night, fixed cameras
with extended dynamic range providing overall views of the
platform and recommend placement of cameras and power cabling.
vi. Pedestrian undercrossing. Assess existing camera system to
determine if overall views of the pedestrian undercrossing are
sufficient. Determine if additional changes and /or additional
cameras are recommended.
vii. Train platform ramp to pedestrian tunnel. Provide a high - resolution
fixed camera with extended dynamic range providing overall views
of the ramp leading to the pedestrian tunnel and recommend
placement of cameras and power cabling.
viii. Overall view of the surface parking lots, train platform, and areas
surrounding the parking garage. Provide recommendations for
camera locations as needed.
ix. Lighting Recommendations. Identify any safety issues as it relates
to lighting to improve lighting locations that will increase camera
usefulness.
5.2.5 Cabinet Assembly A cabinet assembly may be necessary at the
site to protect the components from environmental conditions.
5.2.6 ALPRS Server The ALPRS server should be sized to support
equipment components, such as system software, data base and captured
and retain captured images for the period of time required by state law.
5.2.7 Work Station and Server Installation The ALPRS workstation
shall be installed as directed by an IT Division. The system shall be set up
for operation by manufacturer's certified technicians. A complete system,
operating per the manufacturer's specifications shall be procured and
installed.
5.2.8 Software ALPRS software components may include current
analytical technology features, to the extent that the project budget will
allow.
5.2.9 Associated Hardware. ALPRS associated hardware, such as:
conduit, pull boxes, conductors and wiring, and fiber optic cable shall meet
the appropriate sections of State Specifications and other existing
requirements specified in project documents.
28
5.2.10 System Testing and Documentation The ALPRS testing and
documentation shall cover fiber optic cable testing, functional testing,
performance testing, final acceptance and system documentation that is
required to validate the operational performance of the system
technologies as shown on the plans and described elsewhere in these
special provisions. Testing and documentation shall be performed and
delivered in accordance with City of Orange contractual requirements.
al
6. System components Table 3 below describes general systems
components, such as: software, closed circuit television systems (CCTV),
recorder, ALPRS, etc., of the VSS.
Table 3. System Components and Description
System
Description
Com pone nt
VSS Software
Video management system software manages recording and distribution of camera
video. This software shall be loaded onto the Digital Video Recorder.
Camera
IP fixed position high resolution (470 lines) color cameras (low light capable) to
monitor a designated surveillance area. Camera housings shall be vandal resistant.
Camera
IP pan - tilt -zoom high resolution (470 lines) color cameras (low light capable) to
monitor predetermined surveillance areas. Camera housings shall be vandal
resistant.
Display
Rack mounted PC used for administration of software and display of live and
recorded video. PC shall be located with system.
The system shall be equipped to provide continuous recording capability of all
cameras and store the captured images (for retrieval as forensically necessary for at
least one year in accordance with the California Public Utilities Commission
requirements. The stream that is being recording is of importance to the City and
require the H.264 streaming method be used on all cameras. The required quality
Recorder
level at each stage shall be detailed. Compressing of the files shall be handled in
which the first 90 days shall be saved in the highest quality level and then a lower
quality version for the remaining period. Provide details about the system recording
at each stage level. The system shall allow video images to be downloaded to other
media for archiving. The DVR will be sized to record video from each camera
according to its software configuration and store it for at least one year. Provide
storage calculations directly from the camera manufacturer.
Rack
Equipment rack shall house the VSS system network components described above
and shall be located within the equipment room /cage.
ALPRS
Fixed position color cameras (low light capable) to monitor a designated surveillance
Camera
area. Camera housings shall be vandal resistant.
ALPRS
ALPRS software manages capture, conversion, and storage of ALPRS.
Software
This software shall be loaded onto the ALPRS personal computer.
Display
Rack mounted PC used for ALPRS administration of software and display
of live and recorded video. PC shall be located with system.
30
7. Host City /Jurisdictions VSS and ALPRS operation and maintenance
requirements.
7.1. Completion, Inspection, Acceptance After installation is completed,
inspected, and accepted by OCTA and the City of Orange, the VSS and ALPRS
will be turned over to the City of Orange. Then, the City of Orange will solely be
responsible for the operation and maintenance of the VSS.
7.2. Warranty The VSS shall include a five -year warranty for the entire VSS
and ALPRS installed by this project. Warranty will also include warranty provider
to provide all preventative maintenance as required to insure the warranty. The
warranty shall cover parts and components listed in the installation contract. PM
agreement shall include all material and labor as recommended by the
equipment manufacturer to insure the warranty. PM agreement shall also
include all software upgrades, operating system upgrades, bug fixes, and
patches as provided or recommended by the equipment manufacturer.
8. Network and Recording Equipment
27.1 Develop for review and comment video recording calculations indicated
the network video servers required to provide one year of recording.
27.2 Develop and submit for review and comment rack elevation details.
Details must include sizes of equipment.
27.3 Develop for review and comment enlarged floor plans of the VSS room
showing layout of equipment racks and wall mounted equipment. Include
electrical distribution equipment located within the room.
27.4 Develop for review and comment network equipment power requirements.
Coordinate requirements with electrical distribution system designer. All
major networking and server equipment shall include a redundant power
supply that should be connected to two different circuits and preferably
two different phases.
9. Testing, Documentation and Training
28.1 Submit testing procedures for review and approval. Testing shall
demonstrate the conformance of the system to the requirements of the
drawings and specifications.
28.2 Upon completing installation of the system, align, adjust, and balance the
system and perform complete pretesting. Determine, through pretesting,
the conformance of the system to the requirements of the drawings and
specifications. Correct deficiencies observed in pretesting. Replace or
repair malfunctioning or damaged items, and retest until satisfactory
performance and conditions are achieved.
28.3 Upon completion of pretesting, conduct acceptance testing in presence of
Owner's Representative.
28.4 Provide VSS training to City.
31
28.5 Provide as -built documentation of the system
10. Plans and Specifications
The intent of the drawings and specifications is to provide a basis of design for
the design, construction, and completion of the work.. The drawings and
specifications are preliminary design documents that depict the conceptual level
requirements for the project. The City shall be furnished with all design, labor,
materials, tools, equipment, programming, documentation, training and
demonstration and incidentals.
32
Exhibit C
Convergint Proposal
Convergint Technologies' scope of work includes furnishing, installing, programming
and commissioning the materials necessary to fulfill the project's Scope of Work as
outlined below and with regards to the data listed in the clarifications and exclusions
section of the proposal for the Metrolink Orange Transportation Center Video
Surveillance System (VSS).
For this project, Convergint has proposed the Genetec Security Center
solution for the City of Orange. The Genetec video management solution
can be accessible via Windows workstations on the City's network
provided the computer /user has been granted appropriate permissions.
Should the City choose to add workstations specific for this project, then
the City can do so by adding a Windows workstation to the network
meeting Genetec's minimum hardware requirements. If requested,
Convergint can provide these workstations to the City at a cost of $2,900
each including monitor.
The Genetec Security Center version proposed for this project is the
"Omnicast Professional" which allows up to 100 cameras, 10 viewing
stations, and 20 archivers. Should the City's future expansion efforts
require additional resources, the existing system can easily be upgraded
to "Omnicast Enterprise" via a simple license key upgrade without having
to reload software of make system alterations.
Convergint's proposal includes the necessary server and 400 TB of best
in class video storage allowing the City to capture video at high quality
levels. Convergint's approach will be to capture all video streams at
18fps, with 3MP resolution for 90 days and also store video at 8fps, 720p
resolution for 365 days. We believe this approach will provide the City a
high quality video retention solution that is fast, highly reliable, and
scalable to continue to grow as the City's video retention needs expand.
Convergint is proposing cameras by Axis Communications. Axis
continues to be the clear market leader in network cameras due to
quality, innovation and reliability. Our proposed solution will be based on
the Axis P3367 -VE 5MP camera. The Axis P3367 -VE camera provides a
high level of quality of 80 pixels per foot at 28' distance with a 32' width
field of view which we will record at 3MP for the initial 90 days. Where
appropriate, Convergint may provide alternate cameras better suited for
the location but always preserving the highest level of quality. Our
approach is to provide 80 pixels per foot throughout the most common
and key areas as identified below while also providing quality overviews
33
of remaining areas at large. Convergint may provide alternate cameras
for specific areas during the construction phase of the project (i.e. a 180
panoramic camera for the new parking structure elevators, etc).
Convergint's proposal is based on providing the services and coverage
as requested in the RFP "Scope of Work" section. This video coverage
includes the following:
1. Vehicle entrances
2. Overview of stairs lobbies and emergency call boxes
3. Overview of access pathway
4. Elevator
5. Train platform
6. Pedestrian undercrossing
7. Platform ramps to pedestrian tunnel
8. Overview of parking lots
Proposal includes a workstation, all network equipment, all fiber patch
cables and other miscellaneous hardware to ensure complete system
installation and operation. Convergint will also provide 10 Genetec
camera licenses to integrate the 10 cameras at the City's Water
Departmennt.
The scope of work will include the installation of license plate recognition
cameras at 7 ingress points into the Orange Metrolink Train Depot and
new Parking Structure and network these cameras back to the City's
Genetec Security Center platform combined with AutoVu. Convergint
Technologies will install the cameras and all related hardware utilizing
conduit and power provided by the City.
With the Genetec ALPR AutoVu solution, City personnel would be alerted
in real -time of a license plate hit when matching a DOJ or locally created
hotlist. The DOJ hotlist will be downloaded automatically on the system
daily. The license plate recognition system will record and store all
license plate data for investigative purposes and will also alert Police
Dispatch in real time when a stolen or wanted vehicle is detected. When
a hit is triggered, City personnel would be able to see pictures of the
vehicle and the license plate as well as video of the vehicle all from within
the same workstation. The Genetec ALPR solution also offers advanced
analytics such as vehicle make identification, direction of travel,
approximate speed and license plate state of origin. Genetec has also
developed and patented ALPR parking citation algorithms which has
made it the industry leader amongst City parking ALPR systems.
Convergint Technologies is committed to providing long -term customer
satisfaction and support for the City of Orange well beyond the initial
system installation. As such, included in this proposal is a Warranty and
Preventative Maintenance program to assist the City of Orange in
maintaining your electronic security system and minimize system
malfunctions and associated downtime. Our goal is to work with you to
34
maintain the integrity of the system and to assist you in providing a safe
and secure environment for your occupants. The proposed Warranty and
Preventative Maintenance program will include the following:
Comprehensive Component Coverage: Convergint will replace all
failed system components provided by Convergint for a period of 5 years.
Components will be replaced with similar technology available at the time
of such replacement.
Comprehensive Labor Coverage: Convergint will provide
comprehensive labor coverage for a period of 5 years to include all labor
for system troubleshooting & diagnostics and for component repair or
replacement.
Preventative Maintenance: For a period of 5 years and on a quarterly
basis, Convergint will provide security system preventive services for all
components provided in our proposal. All preventive maintenance testing
will be performed in accordance with manufacturer's recommendations,
and will address areas that can adversely affect system performance.
Preventive maintenance will include the following tasks:
1. Quarterly site visits to perform visual inspection and cleaning of all
camera lenses /housing to all Metrolink Station and Parking Structure
cameras.
2. Quarterly 8 hour on -site visits of a Technical Specialist to work on the
security system head -end. During this time, the Technical Specialist
will:
o Perform a complete health check of the security system
including making necessary adjustments to the VMS software,
storage, switches and other existing video security equipment
to ensure they are functioning correctly in accordance with
manufacturer's guidelines.
• Identify system and software upgrades and recommend
appropriate course of action to the City. (Note: Proposal
includes 5 years of software licensing and version upgrades by
Genetec. Performing system upgrades and enhancements to
the City's video security system is outside the scope of a
warranty and preventative maintenance program; however,
Convergint can assist with upgrades, enhancements, and
expansion efforts at additional costs).
• Assist with providing on -site user training to improve the
knowledge and efficiencies of your security staff.
• Assist with managing and administering City standards and
security operations procedures to ensure system integrity,
standardization, and continuity.
35
Next Business Day Response: After a service call is placed by the City
of Orange, Convergint Technologies will respond (on -site) to customer
service calls by the next business day Monday through Friday 8:00 AM to
5:00 PM.
Emergency Response: Convergint defines an Emergency Call when an
unexpected failure of the video management system or network that
compromises life safety, interrupts business operations, or results in
significant risk to the City. Typically, an Emergency situation is one
where at least 30% of the network is severely impacted. Convergint
Technologies will acknowledge all Emergency calls within 15 minutes
regardless of time of call and will dispatch a service technician in a
Convergint Logo truck to customer site within 4 hours.
iCare Manager: The City will be provided access to our value added
online service portal which will provide authorized City employees the
ability to Create and View Service Work Orders, View Installation Jobs,
View Service Work Order Status Report, Customer /Convergint Contact
Information, Online Help and Customer Survey Feedback.
A network topology map is listed below identifying all major components
including the workstation to be provided by Convergint as well as other
workstation(s) which could be provided outside the scope of this
proposal.
Convergint's proposal is based on the "Scope of Work" section of the
RFP. Convergint does make several assumptions as listed in the RFP
including the availability of fiber between the City Police Department, the
Metrolink Station and City Hall; the availability of conduit throughout the
Metrolink Train Station and in the new Parking Structure to support the
proposed cameras; the availability of an equipment cabinet and /or
communication rooms at the Metrolink Train Station and at the new
Parking Structure for the installation of network equipment; the availability
of electrical power at the equipment cabinet and /or communication rooms
at the Metrolink Train Station and at the new Parking Structure to support
the proposed equipment; the availability of conduit and fiber from the new
Parking Structure to a City facility to allow us to integrate the structure
into the network; the availability of work space, network and electrical
power where the video workstation and server equipment is to be
installed.
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Proposed Network Topology
37
Summary of Cost
Video Surveillance System
Equipment:
$238,501
Sales Tax:
$19,080
Labor:
$106,778
5 Year Warranty & Preventative Maintenance:
1124
Subtotal:
$488,825
Automated License Plate Recognition System
Equipment:
$61,687
Sales Tax:
$4,935
Labor:
$36,382
5 Year Warranty & Preventative Maintenance:
$21,895
Subtotal:
124,900
Total:
613,725
38
Exhibit D
DBE CONTRACT PROVISIONS FOR FTA- ASSISTED CONTRACTS WITH
DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOALS
I. DBE Participation
It is the Consultant's responsibility to be fully informed regarding the requirements of 49
CFR, Part 26 and the Orange County Transportation Authority's (Authority's) DBE program
developed pursuant to these regulations. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified
through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture
partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55 that is, a
DBE firm must be responsible for the execution of a distinct element of the work and
must carry out its responsibility by actually performing, managing and supervising the
work.
D. Consultant must not claim DBE participation as attained until the amount to be claimed
is paid and fully adheres to DBE crediting provisions.
If the Consultant has committed to utilize DBE(s) in the performance of this DOT - assisted
contract, the Consultant's submitted "DBE Participation Commitment Form" will be utilized
to monitor Consultant's DBE commitments, unless otherwise directed and /or approved by
the Authority prior to the Consultant effectuating any changes to its DBE participation
commitment(s) (Refer to Subsection H: "Performance of DBE Subconsultants').
Consultant must complete and submit all required DBE documentation to effectively capture
all DBE utilization on the Authority's DOT - assisted contracts whether achieved race neutrally
or race consciously. Even if a Consultant has not committed to utilize DBE(s) in the
performance of this contract, the Consultant must execute and submit all required DBE
forms and other related documentation as specified under this contract or as otherwise
requested by the Authority. No changes to the Consultant's DBE Commitment must be
made until proper protocols for review and approval of the Authority are rendered in writing.
To ensure full compliance with the requirements of 49 CFR, Part 26 and the Authority's DBE
Program, the Consultant must:
A. Take appropriate actions to ensure that it will continue to meet the DBE Commitment at
the minimal level committed to at award or will satisfy the good faith efforts to meet the
DBE Commitment, when change orders or other contract modifications alter the dollar
amount of the contract or the distribution of work. The Consultant must apply and report
its DBE goal commitments against the total Contract Value, including any contract
change orders and /or amendments.
II. DBE Policy and Applicability
In accordance with federal financial assistance agreements with the U.S. Department of
Transportation (U.S. DOT), the Authority has adopted a Disadvantaged Business Enterprise
39
(DBE) Policy and Program, in conformance with Title 49 CFR, Part 26, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Programs ".
The project is subject to these stipulated regulations and the Authority's DBE program. In
order to ensure that the Authority achieves its overall DBE Program goals and objectives,
the Authority encourages the participation of DBEs as defined in 49 CFR, Part 26 in the
performance of contracts financed in whole or in part with U.S. DOT funds. Pursuant to the
intent of these Regulations, it is also the policy of the Authority to:
Fulfill the spirit and intent of the Federal DBE Program regulations published under U.S.
DOT Title 49 CFR, Part 26, by ensuring that DBEs have equitable access to participate in all
of Authority's DOT - assisted contracting opportunities.
Ensure that DBEs can fairly compete for and perform on all DOT - assisted contracts and
subcontracts.
Ensure non - discrimination in the award and administration of Authority's DOT - assisted
contracts.
Create a level playing field on which DBEs can compete fairly for DOT - assisted contracts.
Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to
participate as DBEs.
Help remove barriers to the participation of DBEs in DOT - assisted contracts.
Assist in the development of firms that can compete successfully in the marketplace outside
the DBE Program.
Consultant must not discriminate on the basis of race, color, national origin, or sex in the
award and performance of subconsultant.
Any terms used in this section that are defined in 49 CFR, Part 26, or elsewhere in the
Regulations, must have the meaning set forth in the Regulations. In the event of any
conflicts or inconsistencies between the Regulations and the Authority's DBE
Program with respect to DOT - assisted contracts, the Regulations must prevail.
III. Authority's DBE Policy Implementation Directives
Pursuant to the provisions associated with federal regulation 49 CFR, Part 26, the
Disadvantaged Business Enterprise (DBE) program exists to ensure participation, equitable
competition, and assistance to participants in the USDOT DBE program. Accordingly, based
on the Authority's analysis of its past utilization data, coupled with its examination of similar
Agencies' Disparity Study and recent Goal Methodology findings the Authority has
implemented the reinstatement of the DBE program utilizing both race - conscious and race -
neutral means across the board as all protected groups participation have been affected
using strictly race neutral means on its FTA- assisted contracts.
The Authority reinstates the use of contract goals and good faith efforts. Meeting the
contract - specific goal by committing to utilize DBEs or documenting a bona fide good faith
effort to do so, is a condition of award. Additionally, contract - specific goals are now
specifically targeted at DBEs (DBEs owned and controlled by Black Americans, Hispanic
Americans, Asian - Pacific Americans, Native Americans, Asian - Pacific Americans, Sub -
Continent Asian Americans, and Women). In the event of a substitution, a DBE must be
1,
substituted with another DBE or documented adequate good faith efforts to do so must be
made, in order to meet the contract goal and DBE contract requirements.
I. Definitions
The following definitions apply to the terms used in these provisions:
"Disadvantaged Business Enterprise (DBE)" means a small business concern: (a)
which is at least 51 percent owned by one or more socially and economically
disadvantaged individuals or, in the case of any publicly -owned business, at least 51
percent of the stock of which is owned by one or more socially and economically
disadvantaged individuals; and (b) whose management and daily business operations
are controlled by one or more of the socially and economically disadvantaged individuals
who own it.
2. "Small Business Concern" means a small business as defined pursuant to Section 3
of the Small Business Act and relevant regulations promulgated pursuant thereto, except
that a small business concern must not include any concern or group of concerns
controlled by the same socially and economically disadvantaged individual or individuals
which has annual average gross receipts in excess of $19.57 million over the previous
three fiscal years.
3. "Socially and Economically Disadvantaged Individuals" means those individuals
who are citizens of the United States (or lawfully admitted permanent residents) and who
are Black Americans, Hispanic Americans, Native Americans, Asian - Pacific Americans,
or Asian - Indian Americans, women and any other minorities or individuals found to be
disadvantaged by the Small Business Administration pursuant to Section 8(a) of the
Small Business Act, or by the Authority pursuant to 49 CFR part 26.65. Members of the
following groups are presumed to be socially and economically disadvantaged:
A. "Black Americans," which includes persons having origins in any of the Black racial
groups of Africa;
B. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban,
Central or South American, or other Spanish or Portuguese culture or origin,
regardless of race;
C. "Native Americans," which includes persons who are American Indians, Eskimos,
Aleuts, or Native Hawaiians;
D. "Asian- Pacific Americans," which includes persons whose origins are from Japan,
China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam,
the U.S. Trust Territories of the Pacific, and the Northern Marianas;
E. "Asian- Indian Americans," which includes persons whose origins are from India,
Pakistan, and Bangladesh; and
F. Women, regardless of ethnicity or race.
4. "Owned and Controlled" means a business: (a) which is at least 51 percent owned by
one or more "Socially and Economically Disadvantaged Individuals" or, in the case of a
publicly -owned business, at least 51 percent of the stock of which is owned by one or
more "Socially and Economically Disadvantaged Individuals "; and (b) whose
management and daily business operations are controlled by one or more such
41
individuals.
5. "Manufacturer" means a firm that operates or maintains a factory or establishment that
produces on the premises the materials or supplies obtained by the Consultant.
6. "Regular Dealer" means a firm that owns, operates or maintains a store, warehouse, or
other establishment in which the materials or supplies required for the performance of
the contract are bought, kept in stock, and regularly sold to the public in the usual course
of business. The firm must engage in, as its principal business, and in its own name, the
purchase and sale of the product in question. A regular dealer in such bulk items as
steel, cement, gravel, stone and petroleum products need not keep such products in
stock if it owns or operates distribution equipment.
7. "Fraud" includes a firm that does not meet the eligibility criteria of being a certified DBE
and that attempts to participate in a DOT - assisted program as a DBE on the basis of
false, fraudulent, or deceitful statements or representations or under circumstances
indicating a serious lack of business integrity or honesty. The Authority may take
enforcement action under 49 CFR, Part 31, Program Fraud and Civil Remedies, against
any participant in the DBE program whose conduct is subject to such action under 49
CFR, Part 31. The Authority may refer the case to the Department of Justice, for
prosecution under 18 U.S.C. 1001 or other applicable provisions of law, any person who
makes a false or fraudulent statement in connection with participation of a DBE in any
DOT - assisted program or otherwise violates applicable Federal statutes.
8. "Other Socially and Economically Disadvantaged Individuals" means those
individuals who are citizens of the United States (or lawfully admitted permanent
residents) and who, on a case -by -case basis, are determined by Small Business
Administration or a recognized California Unified Certification Program Certifying Agency
to meet the social and economic disadvantage criteria described below.
A. "Social Disadvantage"
1. The individual's social disadvantage must stem from his /her color, national origin,
gender, physical handicap, long -term residence in an environment isolated from the
mainstream of American society, or other similar cause beyond the individual's control.
2. The individual must demonstrate that he /she has personally suffered social
disadvantage.
3. The individual's social disadvantage must be rooted in treatment, which he /she has
experienced in American society, not in other countries.
4. The individual's social disadvantage must be chronic, longstanding and substantial, not
fleeting or insignificant.
5. The individual's social disadvantage must have negatively affected his /her entry into
and /or advancement in the business world.
6. A determination of social disadvantage must be made before proceeding to make a
determination of economic disadvantage.
B. "Economic Disadvantage"
1. The individual's ability to compete in the free enterprise system has been impaired due
to diminished capital and credit opportunities, as compared to others in the same line of
business and competitive market area that are not socially disadvantaged.
2. The following criteria will be considered when determining the degree of diminished
credit and capital opportunities of a person claiming social and economic disadvantage:
42
With respect to the individual:
• availability of financing bonding capability
• availability of outside equity capital
• available markets
With respect to the individual and the business concern:
• personal and business assets
• personal and business net worth
• personal and business income and profits
IV. Submission of DBE Information and Ongoing Reporting Requirements (Post -
Award
If there is a DBE goal on the contract, Consultant must complete and submit the
following DBE exhibits (forms) consistent with Consultant DBE Goal Commitment within
the specified timelines. Even if no DBE participation will be reported, the Consultant
must execute and return the form:
1. "Monthly DBE Subconsultant Commitment and Attainment Report Summary and
Payment Verification " (Form 103)
The purpose of this form is to ensure Consultant DBE commitments are attained,
properly reported and credited in accordance with DBE crediting provisions based on the
capacity the DBE performs the scope of work/service. This form further serves to collect
DBE utilization data required under 49 CFR, Part 26.
The Consultant is required to complete and submit a Form 103 to the Authority by the
10th of each month until completion of the contract. The Consultant must submit its first
Form 103 following the first month of contract activity. Upon completion of the contract,
the Consultant must complete and submit a "Final: Monthly DBE Subconsultant
Commitment and Attainment Report Summary and Payment Verification" (Form 103) to
facilitate reporting and capturing actual DBE attainments at conclusion of the contract.
The Form 103 must include the following information:
A. General Contract Information — Including Contract Number and Name, Prime
Consultant and the following:
1. Original Contract Amount
2. Running Total of Change Order Amount
3. Current Contract Amount
4. Amount Paid to Consultant during Month
5. Amount Paid to Consultant from Inception to Date
6. DBE Contract Goal
7. Total Dollar Amount of DBE Commitment
8. DBE Commitment as Percentage of Current Contract Amount
B. Listed and /Proposed Consultant / Subconsultant Information — For All DBE
participation being claimed either Race Neutrally or Race Consciously,
regardless of tier:
1. DBE Firm Name, Address, Phone Number, DBE Type of Operation,
43
Certification Type and Certification Number.
2. DBE Firm Contract Value Information:
Original contract amount, running total of change order amount,
Current contract amount, Amount paid to Consultant during month
and Amount paid to Consultant to date.
2. Consultant Assurance of Full Compliance with Prompt Payment
Provisions Consultant to sign the prompt payment assurance statement of
compliance contained within the Form 103. Consultant is to further maintain
and submit at the request of Authority a detailed running tally of related
invoices submitted by DBE(s) and Non DBE(s), including dates of invoice
submission, dates accepted and corresponding dates and amount of
payments made. The Payment and Retention Reporting tally must also
include:
DBE(s) and Non DBE(s) Invoice Number, Invoice Amount, Invoice Date,
Prime Consultant's Invoice Number that incorporated the corresponding DBE
and Non DBE invoice(s) for billing purposes, Date of Invoice submission to
Authority, Date and amount Authority paid on Prime Consultant's Invoice. The
report must also reflect a breakout of retention withheld (including retention as
specified in subcontract agreement(s) and disputed invoice retention) and
retention payments made, check number and date paid to DBE and Non DBE.
Consultant is advised not to report the participation of DBE(s) toward the
Consultant's DBE attainment until the amount being claimed has been paid to
the DBE. Verification of payments and /or a signed Verification of Payment by
the applicable DBE or Non DBE must be submitted with Form 103 to
authenticate reported payments.
3. DBE Subcontract Agreements
The Consultant must submit to the Authority copies of executed subcontracts
and /or purchase orders (PO) for all DBE firms participating on the contract
within ten working days of award. The Consultant must immediately notify the
Authority in writing of any problems it may have in obtaining the subcontract
agreements from listed DBE firms within the specified time.
4. "Monthly DBE Trucking Verification" Form
Prior to the 10th of each month, the Consultant must submit documentation on
the "Monthly DBE Trucking Verification" Form to the Authority showing the
amount paid to DBE trucking companies. The Consultant must also obtain
and submit documentation to the Authority showing the amount paid by DBE
trucking companies to all firms, including owner - operators, for the leasing of
trucks. If the DBE leases trucks from a non -DBE, the Contactor may count
only the fee or commission the DBE receives as a result of the lease
arrangement.
The Consultant must also obtain and submit documentation to the Authority
showing the truck number, owner's name, California Highway Patrol CA
number, and if applicable, the DBE certification number of the owner of the
truck for all trucks used during that month.
5. "Final Report- Utilization of Disadvantaged Business Enterprises (DBE),
U
First Tier Subconsultants"
Upon completion of the contract, a summary of these records must be
prepared on the: "Final Report- Utilization of Disadvantaged Business
Enterprises (DBE), First Tier Subconsultants" and certified correct by the
Consultant or the Consultant's authorized representative, and must be
furnished to the Engineer. The form must be furnished to the Authority within
90 days from the date of contract acceptance. The amount of $10,000 will be
withheld from payment until a satisfactory form is submitted.
6. "Disadvantaged Business Enterprises (DBE) Certification Status
Change"
If a DBE Sub is decertified during the life of the project, the decertified
Subconsultant must notify the Consultant in writing with the date of
decertification. If a Subconsultant becomes a certified DBE during the life of
the project, the Subconsultant must notify the Consultant in writing with the
date of certification (Attach DBE certification /Decertification letter). The
Consultant must furnish the written documentation to the AUTHORITY.
Upon completion of the contract, the "Disadvantaged Business Enterprises
(DBE) Certification Status Change" must be signed and certified correct by the
Consultant indicating the DBEs' existing certification status. If there are no
changes, please indicate "No Changes ". The certified form must be furnished
to the Authority within 90 days from the date of contract acceptance.
V. DBE Eligibility and Commercially Useful Function Standards
A DBE must be certified at the time of Proposal submission:
1. A certified DBE must be a small business concern as defined pursuant to Section 3 of
the U.S. Small Business Act and relevant regulations promulgated pursuant thereto.
2. A DBE may participate as a Prime Consultant, Subconsultant, joint venture partner with
a Prime or Subconsultant, vendor of material or supplies, or as a trucking company.
3. A DBE joint venture partner must be responsible for specific contract items of work, or
clearly defined portions thereof. Responsibility means actually performing, managing
and supervising the work with its own forces. The DBE joint venture partner must share
in the capital contribution, control, management, risks and profits of the joint venture
commensurate with its ownership interest.
4. At time of proposal submission, DBEs must be certified by the California Unified
Certification Program (CUCP). Listings of DBEs certified by the CUCP are available
from the following sources:
A. The CUCP web site, which can be accessed at http: / /www.californiaucp.com or the
Caltrans "Civil Rights" web site at http: / /www.dot.ca.gov /hq /bep
5. A DBE must perform a commercially useful function in accordance with 49 CFR 26.55
(i.e. , must be responsible for the execution of a distinct element of the work and must
carry out its responsibility by actually performing, managing and supervising the work).
A DBE should perform at least thirty percent (30 %) of the total cost of its contract with its
own workforce to presume it is performing a commercially useful function.
45
VI. DBE Crediting Provisions
1. When a DBE is proposed to participate in the contract, either as a Prime Consultant or
Subconsultant, at any tier, only the value of the work proposed to be performed by the
DBE with its own forces may be counted towards DBE participation. If the Consultant is
a DBE joint venture participant, only the DBE proportionate interest in the joint venture
must be counted.
2. If a DBE intends to subcontract part of the work of its subcontract to a lower -tier
Subconsultant, the value of the subcontracted work may be counted toward DBE
participation only if the Subconsultant is a certified DBE and actually performs the work
with their own forces. Services subcontracted to a Non -DBE firm may not be credited
toward the Prime Consultant's DBE attainment.
3. Consultant is to calculate and credit participation by eligible DBE vendors of equipment,
materials, and suppliers toward DBE attainment, as follows:
A. Sixty percent (60 %) of expenditure(s) for equipment, materials and supplies required
under the Contract, obtained from a regular dealer; or
B. One hundred percent (100 %) of expenditure(s) for equipment, materials and supplies
required under the Contract, obtained from a DBE manufacturer.
4. The following types of fees or commissions paid to DBE Subconsultants, Brokers, and
Packagers may be credited toward the prime Consultant's DBE attainment, provided that
the fee or commission is reasonable, and not excessive, as compared with fees or
commissions customarily allowed for similar work, including:
A. Fees and commissions charged for providing bona fide professional or technical
services, or procurement of essential personnel, facilities, equipment, materials, or
supplies required in the performance of the Contract;
B. Fees charged for delivery of material and supplies (excluding the cost of materials or
supplies themselves) when the licensed hauler, trucker, or delivery service is not
also the manufacturer of, or a regular dealer in, the material and supplies;
C. Fees and commissions charged for providing any insurance specifically required in
the performance of the Contract.
5. Consultant may count the participation of DBE trucking companies toward DBE
attainment, as follows:
A. The DBE must be responsible for the management and supervision of the entire
trucking operation for which it is responsible on a particular contract.
B. The DBE must itself own and operate at least one fully licensed, insured, and
operational truck used on the contract.
C. The DBE receives credit for the total value of the transportation services it provides
on the contract using trucks it owns, insures, and operates using drivers it employs.
D. The DBE may lease trucks from another DBE firm, including an owner - operator who
is certified as a DBE. The DBE who leases trucks from another DBE receives credit
for the total value of the transportation services the lessee DBE provides on the
contract.
E. The DBE may also lease trucks from a non -DBE firm, including an owner - operator.
The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or
commission it receives as a result of the lease arrangement. The DBE does not
receive credit for the total value of the transportation services provided by the lessee,
since these services are not provided by a DBE.
F. For purposes of this paragraph, a lease must indicate that the DBE has exclusive
M
use of and control over the truck. This does not preclude the leased truck from
working for others during the term of the lease with the consent of the DBE, so long
as the lease gives the DBE absolute priority for use of the leased truck. Leased
trucks must display the name and identification number of the DBE.
6. If the Consultant listed a non - certified 1 8 t tier Subconsultant to perform work on this
contract, and the non - certified Subconsultant subcontracts a part of its work or
purchases materials and /or supplies from a lower tier DBE certified Subconsultant or
Vendor, the value of work performed by the lower tier DBE firm's own forces can be
counted toward DBE participation on the contract. If a DBE Consultant performs the
installation of purchased materials and supplies they are eligible for full credit of the cost
of the materials.
VII. Performance of DBE Subconsultants
DBEs must perform work or supply materials as listed in the "DBE Participation Commitment
Form" specified under "DBE Proposal Submission Requirements" of these special
provisions. Do not terminate a DBE listed Subconsultant for convenience and perform the
work with your own forces or obtain materials from other sources without prior written
authorization from the AUTHORITY.
The AUTHORITY grants authorization to use other forces or sources of materials for
requests that show any of the following justifications (written approval from the AUTHORITY
must be obtained prior to effectuating a substitution):
1. Listed DBE fails or refuses to execute a written contract based on plans and
specifications for the project.
2. You stipulate a bond is a condition of executing the subcontract and the listed DBE
fails to meet your bond requirements.
3. Work requires a Consultants' license and listed DBE does not have a valid license
under Consultants License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials.
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE delays or disrupts the progress of the work.
7. Listed DBE becomes bankrupt or insolvent.
If a listed DBE Subconsultant is terminated, you must make good faith efforts to find another
DBE Subconsultant to substitute for the original DBE. The substitute DBE must perform at
least the same amount of work as the original DBE under the contract to the extent needed
to meet the DBE goal.
The substitute DBE must be certified as a DBE at the time of request for substitution. The
AUTHORITY does not pay for work or material unless it is performed or supplied by the
listed DBE, unless the DBE is terminated in accordance with this section.
VIII. Additional DBE Subconsultants
In the event Consultant identifies additional DBE Subconsultants or suppliers not previously
identified by Consultant for DBE participation under the contract, Consultant must notify the
Authority by submitting "Request for Additional DBE Firm" to enable Consultant to capture
all DBE participation. Consultant must also submit, for each DBE identified after contract
execution, a written confirmation from the DBE acknowledging that it is participating in the
contract for a specified value, including the corresponding scope of work (a subcontract
agreement can serve in lieu of the written confirmation).
47
IX. DBE "Frauds" and "Fronts"
Only legitimate DBEs are eligible to participate as DBEs in the Authority's federally - assisted
contracts. Consultants are cautioned against knowingly and willfully using "fronts." The use
of "fronts" and "pass through" subcontracts to non - disadvantaged firms constitute criminal
violations. Further, any indication of fraud, waste, abuse or mismanagement of Federal
funds should be immediately reported to the Office of Inspector General, U.S. Department
of Transportation at the toll -free hotline: (800) 424 -9071; or to the following: 245 Murray
Drive, Building 410, Washington, DC 20223; Telephone: (202) 406 -570.
X. Consultant's Assurance Clause Regarding Non - Discrimination
In compliance with State and Federal anti - discrimination laws, the Consultant must affirm
that they will not exclude or discriminate on the basis of race, color, national origin, or sex in
consideration of contract award opportunities. Further, the Consultant must affirm that they
will consider, and utilize Subconsultants and vendors, in a manner consistent with non-
discrimination objectives.
XI. Prompt Payment Clause
Upon receipt of payment by Authority, Consultant agrees to promptly pay each
Subconsultant for the satisfactory work performed under this Agreement, no later than
seven (7) calendar days. Consultant agrees further to return retainage payments to each
Subconsultant within thirty (30) calendar days after the Subconsultant's work is satisfactorily
completed. Authority reserves the right to request the appropriate documentation from
Consultant showing payment has been made to the Subconsultants. Any delay or
postponement of payment from the above referenced time frames may occur only for good
cause following written approval by Authority.
In accordance with 49 CFR part 26.29 "Prompt Payment Provisions" (DBE Final Rule) the
Authority will elect to utilize the following method to comply with the prompt payment of
retainage requirement:
Hold retainage from the Consultant and provide for prompt and regular incremental
acceptances of portions of the Consultant, pay retainage to prime Consultants based on
these acceptances, and require a contract clause obligating the Consultant to pay all
retainage owed to the Subconsultants for satisfactory completion of the accepted work
within thirty (30) days after payment to the Consultant.
Failure to comply with this provision or delay in payment without prior written approval from
Authority will constitute noncompliance, which may result in appropriate administrative
sanctions, including, but not limited to a withhold of two (2 %) percent of the invoice amount
due per month for every month that payment is not made.
These prompt payment provisions must be incorporated in all subcontract agreements
issued by Consultant under this Agreement. Each subcontract must require the
Subconsultant to make payments to sub - Subconsultants and suppliers in a similar manner.
XII. Administrative Remedies and Enforcement
Consultant must fully comply with the DBE contract requirements, including the Authority's
DBE Program and Title 49 CFR, Part 26 "Participation of Disadvantaged Businesses in
Department of Transportation Financial Assistance Programs" and ensure that all
Subconsultants regardless of tier are also fully compliant. Consultant's failure to comply
constitutes a material breach of contract, wherein the Authority will impose all available
administrative sanctions including payment withholdings, necessary to effectuate full
compliance. In instances of identified non - compliance, a Cure Notice will be issued to the
Consultant identifying the DBE non - compliance matter(s) and specifying the required course
of action for remedy.
The Consultant must be given ten (10) working days from the date of the Cure Notice to
remedy or to (1) File a written appeal accompanied with supporting documentation and /or
(2) Request a hearing with the Authority to reconsider the Authority's DBE determination.
Failure to respond within the ten (10) working day period must constitute a waiver of
the Consultant's right to appeal. If the Consultant files an appeal, the Authority, must issue a
written determination and /or set a hearing date within ten (10) working days of receipt of the
written appeal, as applicable. A final Determination will be issued within ten (10) working
days after the hearing, as applicable.
If, after review of the Consultant's appeal, the Authority decides to uphold the decision to
impose DBE administrative remedies on the Consultant, the written determination must state
the specific remedy(s) to be imposed.
Failure to comply with the Cure Notice and /or to remedy the identified DBE non - compliance
matter(s) is a material breach of contract and is subject to administrative remedies,
including, withholding at minimum of two (2 %) percent of the invoice amount due per month
for every month that the identified non - compliance matter(s) is not remedied. Upon
satisfactory compliance the Authority will release all withholdings.
In addition to administrative remedies defined in this section, the Authority is not precluded
from invoking other contractual and /or legal remedies available under federal, state or local
laws.
.z
Exhibit E
CERTIFICATION TO RESTRICTIONS ON LOBBYING
(behind this sheet)
4517
Project Name:
CERTIFICATION TO RESTRICTIONS ON LOBBYING
I, , hereby
certify (Name and title of official)
on behalf of
that: (Name of Bidder /Company Name)
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, and officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, and officer or employee of Congress, or an employee of a Member of Congress in
connection with the 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.
The undersigned shall require that the language of this certification be included in the award
documents for all sub - awards at all tiers (including sub - contracts, sub - grants and contracts under
grants, loans, and cooperative agreements) and that all sub - recipients 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.
The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements
submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801, et
seq., are applicable thereto.
Signature of authorized representative Type or print name Signature of notary and
SEAL
Date of Signature:
51
Exhibit F
CERTIFICATION TO FEDERAL GOVERNMENT REQUIRED CLAUSES
(behind this sheet)
52
Project Name:
CERTIFICATION TO FEDERAL GOVERNMENT REQUIRED CLAUSES (FTA)
AFFIRMATION OF THE BIDDER'S AUTHORIZED REPRESENTATIVE
Name of Bidder:
Name and Relationship of Authorized Representative:
BY SIGNING BELOW, on behalf of the Bidder, I declare that the Bidder has duly authorized me to make
this certification and bind the Bidder's compliance. Thus, the Bidder agrees to comply with all Federal
statutes and regulations, and follow applicable Federal directives, and comply with the requirements of
these clauses as indicated on the ensuing pages, Federal Government Required Clauses (FTA).
The Bidder affirms the truthfulness of this certification it has made, and acknowledges that the Program
Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 CFR Part 31 apply to any certification, assurance or submission
made to FTA. The criminal provisions of 18 U.S.C. 1001 apply to any certification, assurance, or
submission made in connection with a Federal public transportation program authorized in 49 U.S.C.
Chapter 53 or any other statute.
In signing this document, I declare that the foregoing certification and any other statements made by me
on behalf of the Bidder are true and correct.
Signature:
Name (print)
Authorized Representative of Applicant
(Signature of Notary
& SEAL)
Date:
53
Exhibit G
CERTIFICATION OF COMPLIANCE WITH FEDERAL
BUY AMERICA REQUIREMENTS
(behind this sheet)
54
RFP Project Name:
CERTIFICATION OF COMPLIANCE WITH FEDERAL
BUY AMERICA REQUIREMENTS
All vehicles included in this bid must meet the requirements of 49 U.S.C. 53230) (49 CFR Part 661 — Buy
America, and 49 CFR Part 663.13). Bidders are required to submit certifications of compliance, as
incorporated below, with Federal Buy America requirements with their bids in order to be considered
responsive.
49 CFR Part 661 requires that vehicles purchased with Federal Transit Administration (FTA) funds meet
the following criteria:
1) All Iron, Steel and Manufactured products used in the manufacture of the vehicle must be
produced in the United States (49 CFR 661.5); OR
2) The cost of components and subcomponents of the vehicle that are produced in the
United States is more than sixty percent (60 %) of the cost of all components and
subcomponents of the vehicle and final assembly must take place in the United States
(49 CFR 661.11).
Certification of Compliance with 49 U.S. C. 53236) (1)
The bidder certifies that it will comply with the requirements of 49 U.S.C. 53230)(1) and the regulations at
49 CFR Part 661.5.
Signature of authorized representative
Date of Signature:
Signature of notary
and
SEAL
Certification of Compliance with 49 U.S.C. 53230)(2)(C)
The bidder certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(c) and the regulations
at 49 CFR Part 661.11.
Signature of authorized representative
Date of Signature:
Type or print name
----- OR - - - --
Type or print name
'�1.� ' 1
Signature of notary
and
SEAL
Certificate of Non - Compliance with 49 U.S.C. 53230)(2)(C)
The bidder certifies that it cannot comply with the requirements of 49 U.S.C. 53230) and 49 CFR 661.5 or
661.11, but may qualify for a waiver pursuant to the exceptions established under 49 U.S.C.
53230)(2)(A), 53230)(2)(6), or 53230)(2)(D), and 49 CFR 661.7.
Signature of authorized representative
Date of Signature:
Type or print name
55
Signature of notary
and
SEAL
Exhibit H
REQUIRED FTA CONTRACT CLAUSES
(behind this sheet)
56
FEDERAL GOVERNMENT REQUIRED CLAUSES (FTA)
Fly America Requirements — Applicability — all contracts involving transportation of persons or property, by
air between the U.S. and /or places outside the U.S. These requirements do not apply to micro - purchases
(less than $2,500).
Contractor shall comply with 49 USC 40118 (the "Fly America" Act) in accordance with General Services
Administration regulations 41 CFR 301 -10, stating that recipients and subrecipients of Federal funds and their
contractors are required to use US Flag air carriers for US 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. Contractor shall submit, if a foreign air carrier was
used, an appropriate certification or memorandum adequately explaining why service by a US 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. Contractor shall include the requirements of this section in all
subcontracts that may involve international air transportation.
Buy America Requirements — Applicability — Construction Contracts and Acquisition of Goods or Rolling
Stock (valued at more than $100,000)
Contractor shall comply with 49 USC 53230) and 49 CFR 661, stating 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 CFR
661.7, and include final assembly in the US for 15 passenger vans and 15 passenger wagons produced by Chrysler
Corp., software, microcomputer equipment and small purchases (currently less than $100,000) made with capital,
operating, or planning funds. Separate requirements for rolling stock are stated at 53230)(2)(C) and 49 CFR 661.11.
Rolling stock must be manufactured in the US and have a minimum 60% domestic content. A bidder or offeror shall
submit appropriate Buy America certification to the recipient with all bids on FTA funded contracts, except those
subject to a general waiver. Proposals not accompanied by a completed Buy America certification shall be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
Cargo Preference - Use of US -Flag Vessels — Applicability — Contracts involving equipment, materials or
commodities which may be transported by ocean vessels
Contractor shall: a. use privately owned US -Flag commercial vessels to ship at least 50% 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 US flag commercial vessels; b. furnish within 20 working days following the loading date of
shipments originating within the US or within 30 working days following the loading date of shipments originating
outside the US, a legible copy of a rated, "on- board" commercial bill -of- lading in English for each shipment of cargo
described herein to the Division of National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590 and to the recipient (through contractor in the case of a subcontractor's bill -of- lading.) c.
include these requirements in all subcontracts issued pursuant to this contract when the subcontract involves the
transport of equipment, material, or commodities by ocean vessel.
Seismic Safety — Applicability — Construction of new buildings or additions to existing buildings
Contractor agrees that any new building or addition to an existing building shall be designed and constructed in
accordance with the standards required in USDOT Seismic Safety Regulations 49 CFR 41 and shall certify
compliance to the extent required by the regulation. Contractor shall also ensure that all work performed under this
contract, including work performed by subcontractors, complies with the standards required by 49 CFR 41 and the
certification of compliance issued on the project.
Energy Conservation — Applicability — All Contracts except micro - purchases (less than $2,500)
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.
Clean Water — Applicability — All Contracts and Subcontracts over $100,000
57
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 USC 1251 et seq. Contractor shall report each violation to the recipient and
understands and agrees that the recipient shall, in turn, report each violation as required to FTA and the appropriate
EPA Regional Office. Contractor shall include these requirements in each subcontract exceeding $100,000 financed
in whole or in part with FTA assistance.
Lobbying — Applicability - Construction /Architectural and Engineering /Acquisition of Rolling
Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts except micro - purchases
(less than $2,500)
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.
Access to Records and Reports— Applicability — As shown below. These requirements do not apply to micro -
purchases (less than $2,500)
The following access to records requirements apply to this Contract:
1. Where the Proposer 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(1), contractor shall provide the Proposer, 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. Contractor
shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor,
access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)l,
which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311.
2. Where the Proposer is a State and is an FTA recipient or a subgrantee of FTA recipient in accordance with
49 CFR 633.17, contractor shall provide the Proposer, authorized FTA representatives, including any PMO
Contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC
5302(a)l, which receives FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. By
definition, a capital project excludes contracts of less than the simplified acquisition threshold currently set at
$100,000.
3. Where the Proposer enters into a negotiated contract for other than a small purchase or under the simplified
acquisition threshold and is an institution of higher education, a hospital or other non - profit organization and is an
FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 19.48, contractor shall provide the
Proposer, the FTA, the US Comptroller General or their authorized representatives, access to any books, documents,
papers and record of the contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions.
4. Where a Proposer 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)l) through other than
competitive bidding, contractor shall make available records related to the contract to the Proposer, 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.
5. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
6. 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 municipal corporation, 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(1)(11). FTA does not require the inclusion of these requirements in subcontracts.
Federal Changes — Applicability — All Contracts except micro - purchases (less than $2,500)
58
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 municipal corporation and FTA,
as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to
comply shall constitute a material breach of the contract.
Bonding Requirements — Applicability — For those construction or facility improvement contracts or
subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient,
provided that they meet the minimum requirements for construction contracts as follows:
a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall
consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid
as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be
required within the time specified.
b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance
bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such
contract.
C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one
executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and
material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors
are as follows:
(1) 50% of the contract price if the contract price is not more than $1 million;
(2) 40% of the contract price if the contract price is more than $1 million but not more than $5
million; or (3) $2.5 million if the contract price is more than $5 million.
d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of
performance and payment bonds, provided the grantee has established a procedure to assure that the interest of
FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond.
Bid Bond Requirements (Construction)
(a) Bid Security - A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and
listed as accompany currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as
described thereunder.
(b) Rights Reserved - In submitting this Bid, it is understood and agreed by bidder that the right is reserved by
(Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a
period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety
(90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this
Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and
Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable
insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by
such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's
Check, Treasurer's Check, and /or Official Bank Check (excluding any income generated thereby which has been
retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to
fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to
indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total
damages, so as to make (Recipient) whole.
The undersigned understands that any material alteration of any of the above or any of the material contained on this
form, other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:
(a) Performance bonds
1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the
(Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a contract price is increased. The
increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure
additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an
additional bond.
(b) Payment bonds
1. The penal amount of the payment bonds shall equal:
59
(i) Fifty percent of the contract price if the contract price is not more than $1 million.
(ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5
million; or(iii) Two and one half million if the contract price is more than $5 million.
3. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required
by subparagraph 1 if the contract price is increased.
Performance and Payment Bonding Requirements (Non- Construction)
The Contractor may be required to obtain performance and payment bonds when necessary to protect the
(Recipient's) interest.
(a) The following situations may warrant a performance bond:
1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial
compensation (as in retention of salvaged material).
2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter
concern as the successor in interest, desires assurance that it is financially capable.
3. Substantial progress payments are made before delivery of end items starts.
4. Contracts are for dismantling, demolition, or removal of improvements.
(b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance
bonds as follows:
1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the
(Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a contract price is increased. The
increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure
additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an
additional bond.
(c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the
(Recipient's) interest.
(d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds
as follows:
1. The penal amount of payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1 million;
(ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5
million; or(iii) Two and one half million if the contract price is increased.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment
provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance
payment bond necessary to protect the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the
financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the
patent indemnity to protect the (Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and /or Engineer that all materials and equipment
furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from
faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards
shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment.
2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various
trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby
guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after
Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship
during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the
Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance
(or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the
•1
Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the
Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one
(1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100 %) of the
CONTRACT SUM, as adjusted (if at all).
Clean Air — Applicability — All contracts over $100,000
(1) Contractor shall comply with all applicable standards, orders or regulations pursuant to the Clean Air Act, 42 USC
7401 et seq. Contractor shall report each violation to the recipient and understands and agrees that the recipient will,
in turn, report each violation as required to FTA and the appropriate EPA Regional Office. (2) Contractor shall include
these requirements in each subcontract exceeding $100,000 financed in whole or in part with FTA assistance.
Recycled Products — Applicability — All contracts over $10,000 for items designated by the EPA
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.
Davis -Bacon and Copeland Anti- Kickback Acts — Applicability - Construction contracts and subcontracts,
including actual construction, alteration and /or repair, including decorating and painting, over $2,000
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -
Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to
the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics
shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be compensated at the rate specified for each classification for
the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including any additional classifications and
wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted
at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where
it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification
requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the
area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as
defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the
contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives,
and the contracting officer agree on the classification and wage rate (including the amount designated for fringe
benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of
the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting
officer shall refer the questions, including the views of all interested parties and the recommendation of the
61
contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will
issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers
performing work in the classification under this contract from the first day on which work is performed in the
classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated
in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the
contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the
contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require
the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits
therefor only when the following criteria have been met: (1) The work to be performed by the classification requested
is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the
construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210.
The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.(C) In the event the contractor, the laborers or mechanics to be employed
in the classification or their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with
30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period
that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the classification.
(2) Withholding - The municipal corporation shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis -
Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments
or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on
the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract, the grantee may, after
written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act
of 1949, in the construction or development of the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the laborers or mechanics affected, and records which show
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the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls
to the municipal corporation for transmission to the Federal Transit Administration. The payrolls submitted shall set
out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH -347 is
available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-
005- 00014 -1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll
period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5
and that such information is correct and complete; (2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly
from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That
each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated
into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or
subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection,
copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of
Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor
or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration,
Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a
person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division
of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship
and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.(ii) Trainees - Except as provided in 29 CFR
5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are
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employed pursuant to and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is
not registered and participating in a training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR
part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29
CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate
instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the
Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this
contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting
agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility - (i) By entering into this contract, contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this
contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed
in 18 USC 1001.
Contract Work Hours & Safety Standards Act — Applicability — Contracts over $100,000
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic
in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate
of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set
forth in para. (1) of this section, contractor and any subcontractor responsible therefore shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,
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employed in violation of the clause set forth in para. (1) of this section, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of the standard workweek of 40 hours without
payment of the overtime wages required by the clause set forth in para. (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - the recipient shall upon its own action or upon
written request of USDOL withhold or cause to be withheld, from any moneys payable on account of work performed
by contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,
or any other federally assisted contract subject to the Contract Work Hours & Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in para. (2)
of this section.
(4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this
section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Prime
contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set
forth in this section.
No Government Obligation to Third Parties - Applicability — All contracts except micro - purchases (less than
$2,500) (1) the recipient 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 recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to
any matter resulting from the underlying contract.
(2) 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 — Applicability — All contracts except
micropurchases (less than $2,500)
(1) 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, 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, 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 contractor to the extent the US Government deems
appropriate.
(2) If 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 contractor, to the extent the US Government deems appropriate.
(3) 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.
Termination — Applicability — All Contracts over $10,000, except contracts with nonprofit organizations and
institutions of higher learning, where the threshold is $100,000
a. Termination for Convenience (General Provision) the municipal corporation may terminate this contract,
in whole or in part, at any time by written notice to contractor when it is in the municipal corporation's best interest.
Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of
termination. Contractor shall promptly submit its termination claim to the municipal corporation. If contractor is in
possession of any the municipal corporation property, contractor shall account for same, and dispose of it as the
municipal corporation directs.
b. Termination for Default [Breach or Cause] (General Provision) If contractor does not deliver items in
accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the
manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the
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municipal corporation may terminate this contract for default. Termination shall be effected by serving a notice of
termination to contractor setting forth the manner in which contractor is in default. 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 municipal corporation 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 municipal
corporation, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat
the termination as a termination for convenience.
C. Opportunity to Cure (General Provision) the municipal corporation in its sole discretion may, in the case
of a termination for breach or default, allow 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 contractor fails to remedy to the municipal corporation's satisfaction the breach or default or any of the terms,
covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the
municipal corporation setting forth the nature of said breach or default, the municipal corporation 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 municipal corporation 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 municipal corporation elects to waive its
remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the
municipal corporation 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 municipal corporation, by
written notice, may terminate this contract, in whole or in part, when it is in the municipal corporation's interest. If the
contract is terminated, the municipal corporation 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 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 municipal corporation may terminate this contract for default. the municipal corporation
shall terminate by delivering to contractor a notice of termination specifying the nature of default. 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 contractor was not in default, the rights
and obligations of the parties shall be the same as if termination had been issued for the municipal corporation's
convenience.
g. Termination for Default (Transportation Services) If 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
contractor fails to comply with any other provisions of this contract, the municipal corporation may terminate this
contract for default. the municipal corporation shall terminate by delivering to contractor a notice of termination
specifying the nature of default. 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 contractor has possession of the municipal corporation goods, contractor shall, as
directed by the municipal corporation, protect and preserve the goods until surrendered to the municipal corporation
or its agent. Contractor and the municipal corporation 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 contractor was not in default, the rights and obligations of the parties
shall be the same as if termination had been issued for the municipal corporation's convenience.
h. Termination for Default (Construction) If 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 contractor fails to comply with any other provisions of this contract, the
municipal corporation may terminate this contract for default. The municipal corporation shall terminate by delivering
to contractor a notice of termination specifying the nature of default. In this event, the municipal corporation 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. Contractor and its sureties shall be liable
for any damage to the municipal corporation resulting from contractor's refusal or failure to complete the work within
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specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any
increased costs incurred by the municipal corporation in completing the work.
Contractor's right to proceed shall not be terminated nor shall 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 contractor. Examples of such causes include: acts of God, acts of the municipal corporation, acts of
another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes,
freight embargoes; and
2. Contractor, within 10 days from the beginning of any delay, notifies the municipal corporation in writing of the
causes of delay. If in the municipal corporation's judgment, delay is excusable, the time for completing the work shall
be extended. The municipal corporation's judgment shall be final and conclusive on the parties, but subject to appeal
under the Disputes clauses. If, after termination of contractor's right to proceed, it is determined that 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 municipal corporation's convenience.
i. Termination for Convenience or Default (Architect & Engineering) the municipal corporation may
terminate this contract in whole or in part, for the municipal corporation's convenience or because of contractor's
failure to fulfill contract obligations. The municipal corporation shall terminate by delivering to contractor a notice of
termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, contractor shall
(1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the municipal
corporation all data, drawings, specifications, reports, estimates, summaries, and other information and materials
accumulated in performing this contract, whether completed or in process. If termination is for the municipal
corporation's convenience, it shall make an equitable adjustment in the contract price but shall allow no anticipated
profit on unperformed services. If termination is for contractor's failure to fulfill contract obligations, the municipal
corporation may complete the work by contact or otherwise and contractor shall be liable for any additional cost
incurred by the municipal corporation.
If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights
and obligations of the parties shall be the same as if termination had been issued for the municipal corporation's
convenience.
j. Termination for Convenience or Default (Cost -Type Contracts) the municipal corporation may terminate
this contract, or any portion of it, by serving a notice or termination on contractor. The notice shall state whether
termination is for convenience of the municipal corporation or for default of contractor. If termination is for default, the
notice shall state the manner in which contractor has failed to perform the requirements of the contract. Contractor
shall account for any property in its possession paid for from funds received from the municipal corporation, or
property supplied to contractor by the municipal corporation. If termination is for default, the municipal corporation
may fix the fee, if the contract provides for a fee, to be paid to contractor in proportion to the value, if any, of work
performed up to the time of termination. Contractor shall promptly submit its termination claim to the municipal
corporation and the parties shall negotiate the termination settlement to be paid to contractor. If termination is for the
municipal corporation'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 municipal corporation determines that 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 contractor, the municipal corporation, after setting up a new work schedule, may allow contractor to
continue work, or treat the termination as a termination for convenience.
Government -wide Debarment and Suspension (Non procurement) — Applicability — Contracts over $25,000
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 contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905,
are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49
CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the municipal corporation. If it is later
determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies
available to the municipal corporation, 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.
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Contracts Involving Federal Privacy Act Requirements — Applicability - When a grantee maintains files on
drug and alcohol enforcement activities for FTA, and those files are organized so that information could be
retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micro - purchases
(less than $2,500)
The following requirements apply to the Contractor and its employees that administer any system of records on behalf
of the Federal Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information
restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the
Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees
operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements
of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals
involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying
contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any system of
records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.
Civil Rights Requirements— Applicability — All contracts except micro - purchases (less than
$2,500) The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec.
303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act
(1990), 42 USC 12132, and 49 USC 5332, contractor shall not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. Contractor shall also comply with
applicable Federal implementing regulations and other 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 USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity
requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that
may in the future affect construction activities undertaken in the course of the project. Contractor shall 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, contractor shall
comply with any implementing requirements FTA may issue.
(b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC
623 and 49 USC 5332, contractor shall refrain from discrimination against present and prospective employees for
reason of age. Contractor shall also comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC
12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC),
Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630,
pertaining to employment of persons with disabilities. Contractor shall also comply with any implementing
requirements FTA may issue.
(3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA assistance,
modified only if necessary to identify the affected parties.
Breaches and Dispute Resolution — Applicability — All contracts over $100,000
Disputes arising in the performance of this contract which are not resolved by agreement of the parties shall be
decided in writing by the municipal corporation's authorized representative. This decision shall be final and conclusive
unless within ten days from the date of receipt of its copy, contractor mails or otherwise furnishes a written appeal to
the municipal corporation's CEO. In connection with such appeal, contractor shall be afforded an opportunity to be
heard and to offer evidence in support of its position. The decision of the municipal corporation's CEO shall be
binding upon contractor and contractor shall abide by the decision.
Performance During Dispute - Unless otherwise directed by the municipal corporation, contractor shall continue
performance under this contract while matters in dispute are being resolved.
•:
Claims for Damages - Should either party to the contract suffer injury or damage to person or property because of
any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a
claim for damages therefore shall be made in writing to such other party within ten days after the first observance of
such injury or damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question
between the municipal corporation and contractor arising out of or relating to this agreement or its breach will be
decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within California State.
Rights and Remedies - 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 municipal corporation 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.
Patent and Rights Data — Applicability — Research projects in which FTA finances the purpose of the grant is
to finance the development of a product or information. These patent and data rights requirements do not
apply to capital projects or operating projects, even though a small portion of the sales price may cover the
cost of product development or writing the user's manual or to micro - purchases (less than $2,500) Contracts
Involving Experimental, Developmental, Or Research Work.
A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or
research work: (1) the term "subject data" used in this clause means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial
delineation in media such as drawings or photographs; text in specifications or related performance or design -type
documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information
retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications,
and related information. The term "subject data" does not include financial reports, cost analyses, and similar
information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of the contract to which this
Attachment has been added: (a) Except for its own internal use, the Proposer or Contractor may not publish or
reproduce subject data in whole or in part, or in any manner or form, nor may the Proposer or Contractor authorize
others to do so, without the written consent of the Federal Government, until such time as the Federal Government
may have either released or approved the release of such data to the public; this restriction on publication, however,
does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. §
19.36, the Federal Government reserves a royalty -free, non - exclusive and irrevocable license to reproduce, publish,
or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright
described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal
Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright
owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data
developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright
purchased by the Proposer or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA
awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to
increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to
participants in that work. Therefore, unless FTA determines otherwise, the Proposer and the Contractor performing
experimental, developmental, or research work required by the underlying contract to which this Attachment is added
agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data
developed in the course of that contract, or a copy of the subject data first produced under the contract for which a
copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the
underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become
subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct.
This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for
the Proposer or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by
FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government,
the Proposer and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers,
agents, and employees acting within the scope of their official duties against any liability, including costs and
expenses, resulting from any willful or intentional violation by the Proposer or Contractor of proprietary rights,
copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of
any data furnished under that contract. Neither the Proposer nor the Contractor shall be required to indemnify the
Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the
•'
Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or other right otherwise granted
to the Federal Government under any patent. (f) Data developed by the Proposer or Contractor and financed entirely
without using Federal assistance provided by the Federal Government that has been incorporated into work required
by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections
(b), (c), and (d) of this clause, provided that the Proposer or Contractor identifies that data in writing at the time of
delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these
requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with
Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in
writing, irrespective of the Contractor's status i.e., a large business, small business, state government or state
instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Proposer
and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the
Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract
for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by
FTA.
B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or
research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the
course of or under the contract to which this Attachment has been added, and that invention, improvement, or
discovery is patentable under the laws of the United States of America or any foreign country, the Proposer and
Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher
tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (a large business, small business, state government or state instrumentality,
local government, nonprofit organization, institution of higher education, individual), the Proposer and the Contractor
agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal
Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37
C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.
2. Transit Employee Protective Provisions — Applicability — Contracts for transit operations except
micro - purchases (less than $2,500)
(1) Contractor shall comply with applicable transit employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit
operations are involved, contractor shall carry out transit operations work on the underlying contract in compliance
with terms and conditions determined by USDOL to be fair and equitable to protect the interests of employees
employed under this contract and to meet the employee protective requirements of 49 USC A 5333(b), and USDOL
guidelines at 29 CFR 215, and any amendments thereto. These terms and conditions are identified in USDOL's letter
of certification to FTA applicable to the municipal corporation's project from which FTA assistance is provided to
support work on the underlying contract. Contractor shall carry out that work in compliance with the conditions stated
in that USDOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with
FTA assistance either for projects for elderly individuals and individuals with disabilities authorized by 49 USC
5310(a)(2), or for projects for nonurbanized areas authorized by 49 USC 5311. Alternate provisions for those projects
are set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 USC 5310(a)(2) for Elderly
Individuals & Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with
FTA assistance authorized by 49 USC 5310(a)(2), and if USDOT has determined or determines in the future that the
employee protective requirements of 49 USC 5333(b) are necessary or appropriate for the state and the public body
subrecipient for which work is performed on the underlying contract, contractor shall carry out the Project in
compliance with the terms and conditions determined by USDOL to meet the requirements of 49 USC 5333(b),
USDOL guidelines at 29 CFR 215, and any amendments thereto. These terms and conditions are identified in
USDOL's letter of certification to FTA, the date of which is set forth in the Grant Agreement or Cooperative
Agreement with the state. Contractor shall perform transit operations in connection with the underlying contract in
compliance with the conditions stated in that USDOL letter.
(c) Transit Employee Protective Requirements for Proiects Authorized by 49 USC 5311 in Nonurbanized Areas
- If the contract involves transit operations financed in whole or in part with FTA assistance authorized by 49 USC
5311, the contractor shall comply with the terms and conditions of the Special Warranty for the Nonurbanized Area
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Program agreed to by USDOT and USDOL, dated May 31, 1979, and the procedures implemented by USDOL or any
revision thereto.
(2) Contractor shall also include any applicable requirements in each subcontract involving transit operations financed
in whole or in part with FTA assistance.
Disadvantaged Business Enterprise (DBE) — Applicability — Contracts over $250,000 (exclusive of transit
vehicle purchases)
To the extent authorized by Federal law, the Recipient agrees to facilitate participation by Disadvantaged Business
Enterprises (DBE) in the Project and assures that each subrecipient, lessee, and third party contractor at any tier of
the Project will facilitate participation by DBEs in the Project to the extent applicable. Therefore: (1) The Recipient
agrees and assures that it will comply with section 1101(b) of SAFETEA -LU, 23 U.S.C. § 101 note, and U.S. DOT
regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs," 49 C.F.R. Part 26. (2) The Recipient agrees and assures that it shall not discriminate on the
basis of race, color, sex, or national origin in the award and performance of any third party contract, or subagreement
supported with Federal assistance derived from U.S. DOT in the administration of its DBE program and will comply
with the requirements of 49 C.F.R. Part 26. The Recipient agrees to take all necessary and reasonable steps set forth
in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and
subagreements supported with Federal assistance derived from U.S. DOT. As required by 49 C.F.R. Part 26 and
approved by U.S. DOT, the Recipient's DBE program, if any, is incorporated by reference and made part of the Grant
Agreement or Cooperative Agreement for the Project. The Recipient agrees that implementation of this DBE program
is a legal obligation, and that failure to carry out that DBE program shall be treated as a violation of the Grant
Agreement or Cooperative Agreement for the Project and the Master Agreement. Upon notification by U.S. DOT to
the Recipient of its failure to implement its approved DBE program, U.S. DOT may impose sanctions as provided for
under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001,
and /or the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801 et seq.
Incorporation of Federal Transit Administration (FTA) Terms — Applicability — All contracts except micro -
purchases (less than $2,500)
The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not
expressly stated in the preceding contract provisions. All USDOT- required contractual provisions, as stated in FTA
Circular 4220.1F, 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 request that
would cause the municipal corporation to be in violation of FTA terms and conditions.
Drug & Alcohol Testing — Applicability — Operational service contracts except micro - purchases (less than
$2,500) The Contractor agrees to comply with the following Federal substance abuse regulations: a. Drug -Free
Workplace U.S. DOT regulations, "Drug -Free Workplace Requirements (Grants)" 49 C.F.R. Part 29, Subpart F, as
modified by 41 U.S.C. § § §§ 702 et seq. b. Alcohol Misuse and Drug Use. FTA regulations, "Prevention of Alcohol
Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655, to the extent applicable.
Other Federal Requirements
Prohibition Against Exclusionary or Discriminatory Specifications — Apart from inconsistent requirements
imposed by Federal statute or regulations, the contractor shall comply with the requirements of 49 USC 5323(h)(2) by
refraining from using any FTA assistance to support procurements using exclusionary or discriminatory specifications.
Conformance with ITS National Architecture — Contractor shall conform, to the extent applicable, to the National
Intelligent Transportation Standards architecture in compliance with Sec. 5206(e) of TEA -21, 23 USC 502, and
FHWA/FTA's "Transportation Equity Act for the 21 Century; Interim Guidance on Conformity with the National
Intelligent Transportation Systems (ITS) Architecture and Standards" 63 Federal Register 70443 et seq. Dec. 21,
1998, and other subsequent Federal directives that may be issued.
Access Requirements for Persons with Disabilities — 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. 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
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accessible facilities and services be made available to persons with disabilities, including any subsequent
amendments thereto.
Notification of Federal Participation — To the extent required by law, in the announcement of any third party
contract award for goods and services (including construction services) having an aggregate value of $500,000 or
more, contractor shall specify the amount of Federal assistance to be used in financing that acquisition of goods and
services and to express that amount of Federal assistance as a percentage of the total cost of the third party contract.
Interest of Members or Delegates to Congress - No members of, or delegates to, the US Congress shall be
admitted to any share or part of this contract nor to any benefit arising therefrom.
Ineligible Contractors and Subcontractors - Any name appearing upon the Comptroller General's list of ineligible
contractors for federally- assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this
contract. If contractor is on the Comptroller General's list of ineligible contractors for federally financed or assisted
construction, the recipient shall cancel, terminate or suspend this contract.
Other Contract Requirements - To the extent not inconsistent with the foregoing Federal requirements, this contract
shall also include those standard clauses attached hereto, and shall comply with the recipient's Procurement
Guidelines, available upon request from the recipient.
Compliance With Federal Regulations - Any contract entered pursuant to this solicitation shall contain the following
provisions: All USDOT- required contractual provisions, as set forth in FTA Circular 4220.1F, 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 municipal
corporation 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.
Real Property - Any contract entered into shall contain the following provisions: Contractor shall at all times comply
with all applicable statutes and USDOT regulations, policies, procedures and directives governing the acquisition, use
and disposal of real property, including, but not limited to, 29 CFR 18.31, 49 CFR 24 Subpart B, FTA Circular
5010.1D, and FTA Master Agreement, as they may be amended or promulgated during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
Access to Services for Persons with Limited English Proficiency. To the extent applicable and except to the
extent that FTA determines otherwise in writing, the Recipient agrees to comply with the policies of Executive Order
No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d -1 note,
and with the provisions of U.S. DOT Notice, "DOT Guidance to Recipients on Special Language Services to Limited
English Proficient (LEP) Beneficiaries," 66 Fed. Reg. 6733 et seq., January 22, 2001.
Environmental Justice. The Recipient agrees to comply with the policies of Executive Order No. 12898, "Federal
Actions to Address Environmental Justice in Minority Populations and Low - Income Populations," 42 U.S.C. § 4321
note, except to the extent that the Federal Government determines otherwise in writing
Federal Single Audit Requirements For State Administered Federally Aid Funded Projects Only
Non - Federal entities that expend $500,000 or more in a year in Federal awards from all sources are required to
comply with the Federal Single Audit Act provisions contained in U.S. Office of Management and Budget (OMB)
Circular No. A -133, Audits of States, Local Governments, and Non - Profit Organizations. Non - Federal entities that
expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non -
Federal entities that expend less than $500,000 in a year in Federal awards from all sources are exempt from Federal
audit requirements for that year, except as noted in '3052.215(a), but records must be available for review or audit by
appropriate officials of the Federal agency, the California State Department of Transportation, the California State
Comptroller's Office and the U.S. General Accounting Office (GAO).
Non - Federal entities are required to submit a copy of all audits, as described above, within 30 days of issuance, to
the California State Department of Transportation, Contract Audit Bureau, 50 Wolf Rd, Albany, NY 12232.
Assignability Clause. The Recipient agrees to comply with applicable third party procurement requirements of 49
U.S.C. chapter 53, and ensure that for piggybacking purchases made with FTA- assistance, that contract utilized
contains assignability clause that authorizes such piggybacking purchases.
a. Catalog of Federal Domestic Assistance (CFDA) Identification Number
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The recipient project sponsor is required to identify in its accounts all Federal awards received and expended, and
the Federal programs under which they were received. Federal program and award identification shall include, as
applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass -
through entity.
The CFDA number for the Federal Transit Administration (FTA) Elderly and Disabled Program (Section 5310)
is 20.513, Rural & Small Urban Program (Section 5311) is 20.509, Job Access and Reverse Commute Program
(Section 5316) is 20.516, and New Freedom Program (Section 5317) is 20.521.
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CITY COUNCIL MINUTES AUGUST 11, 2015
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.24 RESOLUTION NO. 10876 (A4000.0)
NOTE: Councilmember Alvarez recorded a "No" vote for this item to remain consistent
with his previous vote on this issue.
A Resolution of the City Council of the City of Orange Approving Appeal No. 0539 -15
from the Planning Commission Denial of the Conditional Use Permit No. 2960 -14, thereby
permitting the sale of Alcoholic Beverages (Type 41 — Beer and Wine) at the Century
Movie Theatres, located at 1701 W. Katella Ave.
ACTION: Approved.
3.25 RESOLUTION NO. 10884 (P2500.0.9)
NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest.
A Resolution of the City Council of the City of Orange Approving its Title VI Plan of the
Civil Rights Act to comply with Federal Transit Administration (FTA) funding for
construction of the Orange Metrolink Parking Structure.
ACTION: Approved.
3.26 RESOLUTION NO. 10885 (A2100.0 Agr -6254)
NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest.
A Resolution of the City Council of the City of Orange approving the award of contract
and authorizing the execution of a Professional Services Agreement with Convergint
Technologies for Bid No. 145 -61 for the design and installation of the Metrolink Orange
Transportation Center Video Surveillance System.
ACTION: Approved Resolution 10885 and authorized the Mayor to execute and the City
Clerk to attest the agreement on behalf of the City.
MOTION — Murphy
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Councilmember Alvarez recorded a "No" vote on Item 3.24 and an abstention on Items
3.25 and 3.26. Item 3.23 was removed from the Consent Calendar and heard separately.
All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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