Agenda 04/10/2012 Item #16A124/10/2012 Item 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve the award of REP 11 -5753, Electronic Fareboxes for the
Collier Area Transit (CAT) Intelligent Transportation Systems (ITS) Program to Fare
Logistics Corporation for an estimated $564,228 in FY 2012/2013 and authorize the
Chairman to execute the attached contract funded by the Department of Transportation
Federal Transit Administration 5307 formula grant and the American Recovery and
Reinvestment Act (ARRA) with 100% capital grant dollars.
OBJECTIVE: To award a contract to provide the functional, performance, installation,
integration and project management services for the implementation of electronic fareboxes for
the Collier Area Transit fixed -route to Fare Logistics Corporation.
CONSIDERATION: The installation of electronic fareboxes on the entire fleet of fixed route
buses is being implemented to improve and maximize Collier Area Transit (CAT) system
efficiencies. These technologies will enhance fare collection and validation, data collection and
reporting, operator's safety, public access to purchase electronic passes in addition to compliance
with federal requirements and enhanced security. This project is funded with 100% capital grant
dollars by three grants: the United States Department of Transportation (USDOT) Federal
Transit Administration (FTA) 5307 formula grant; the American Recovery and Reinvestment
Act (ARRA) FTA 5307 grant; and, the ARRA FTA 5311 grant.
Requests for proposals # I1 -5753 "Electronic Fareboxes" were solicited on September 27, 2011.
Notifications were sent to 360 firms and 29 packages were downloaded. Three proposals were
received by the closing date of October 21, 2011. The proposals submitted by the firms noted
below were evaluated and ranked by a selection committee.
1. GFI GENFARE, a Division of SPX Corporation
2. Fare Logistics Corporation
3. Avail Technologies
By consensus of the selection committee, the recommended management firm selected for award
was GFI GENFARE. Negotiation with GFI began December 15, 2011. After further discussion
and much interaction with GFI it was recognized that GFI would not meet Collier Area Transit
(CAT) needs and expectations including not being able to provide a hosted solution. On January
19, 2012 the Collier County Purchasing Department sent a letter to GFI notifying them of the
decision to cease negotiations. Consequently, CAT moved to negotiate with the second vendor
on the list, Fare Logistics Corporation. On January 6, 2012 CAT began negotiation with Fare
Logistics.
Fare Logistics is the vendor responsible for electronic farebox operations in StarMetro Transit,
Tallahassee, FL. On February 2, 2012, key members of the CAT staff visited the StarMetro
offices in order to test the product and discuss the project implementation and contract
performance with StarMetro management. After very favorable feedback from StarMetro, CAT
staff continued negotiations with Fare Logistics. A successful agreement has been reached.
The terms of the agreement include but are not limited to the following: project kickoff,
equipment manufacturing including factory testing and delivery of equipment; training;
installation of the fare collection system; revenue service acceptance testing and system
acceptance; and, delivery of documentation in conformance with specifications. Ongoing
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4/10/2012 Item 16.A.12.
software licenses and maintenance shall be addressed in a separate Agreement and brought to the
Board for approval. This Agreement will expire four (4) years after completion of the initial
services, which are scheduled to be completed on or before February 28, 2013.
FISCAL IMPACT: The estimated contract amount for FY12 /13 for the electronic fareboxes
project is $564,228. Federal grant funding for this contract is sufficient and available within
ARRA Grant Funds (125), project numbers 33045 and 35065, and Collier Area Transit
Enhancement Fund (426), project number 35027. The source of funding is a combination of
FTA Sections 5307 and 5311 federal ARRA grant funds as well as FTA formula grant Section
5307. This project is expected to be completed by February 28, 2013.
In accordance with the respective grant provisions, the electronic farebox procurement includes
both implementation and the first five years of maintenance as a single price. Implementation
and maintenance include all hardware, software and related upgrades, licenses, system warranty,
maintenance and remote hosting for five years. All cost categories detailed above are inclusive
within the $564,228 contract award and a grant eligible expense.
The following chart is an estimated breakout of annual operating costs that are not covered in the
five year period contract award. It includes costs that will be incurred for replacing the current
paper bus pass system with fare media cards (Smart Cards) and the estimated amount of
maintenance support at $35,000 in year six (FY 2018) and thereafter. The only portion of cost
eligible to be paid from grant dollars is the cost to maintain the transit assets ($35,000) in FY
2018 and beyond. This would be subject to approval under separate grant agreements. Any
other operating costs will be funded by Gas Taxes.
*Based on FY 2011 actual expenditures.
* *The first (5) years are Included within the contracted price ($159,600).
All CAT fixed route transit buses must be retrofitted with electronic fareboxes under this
contract. Expansion of the transit system (i.e.: additional routes) will require an anticipated
investment of approximately $13,086 for each additional bus. It is assumed FTA section 5307
grant funds will pay for the additional buses to be outfitted.
Life cycle of electronic fareboxes is 15 years before complete replacement is required at an
estimated cost of $13,086 per unit. Total life cycle replacement costs in year 2028 would
amount to $300,978 based upon an estimated fleet of 23 buses. Capital replacement is eligible to
be funded under the FTA Section 5307 federal grant program.
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FY
FY
FY
FY
FY
FY
Annual Operating Costs
2013
2014
2015
2016
2017
2018
"Smart" Cards — Fare
Media Cards (replace
$23,420
$23,680
$23,950
$24,230
$24,510
$24,790
current paper bus pass
system)
Current cost to print
($14,650)
($14,650)
($14,650)
($14,650)
($14,650)
($14,650)
a erbus asses*
Electronic Farebox
Maintenance **
$35,000
(upgrades, licenses,
warranty, hosting)
Total
$8,770
$9,030
$9,300
$9,580
$9,860
$45,140
*Based on FY 2011 actual expenditures.
* *The first (5) years are Included within the contracted price ($159,600).
All CAT fixed route transit buses must be retrofitted with electronic fareboxes under this
contract. Expansion of the transit system (i.e.: additional routes) will require an anticipated
investment of approximately $13,086 for each additional bus. It is assumed FTA section 5307
grant funds will pay for the additional buses to be outfitted.
Life cycle of electronic fareboxes is 15 years before complete replacement is required at an
estimated cost of $13,086 per unit. Total life cycle replacement costs in year 2028 would
amount to $300,978 based upon an estimated fleet of 23 buses. Capital replacement is eligible to
be funded under the FTA Section 5307 federal grant program.
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4/10/2012 Item 16.A.12.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board approve the award of RFP 11 -5753, Electronic
Fareboxes for CAT Program to Fare Logistics Corporation, and authorize the Chairman to
execute the attached agreement subject to final review by the Office of the County Attorney.
Prepared by: Glama Carter, Public Transit Manager - Collier Area Transit
Attachments: 1) Agreement 11 -5753, 2) FDOT third party concurrence letter
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12.
4/10/2012 Item 16.A.12.
Item Summary: Recommendation to approve the award of RFP 11 -5753, Electronic
Fareboxes for the Collier Area Transit (CAT) Intelligent Transportation Systems (ITS) Program to
Fare Logistics Corporation for an estimated $564,228 in FY 2012/2013 and authorize the
Chairman to execute the attached contract funded by the Department of Transportation
Federal Transit Administration 5307 formula grant and the American Recovery and
Reinvestment Act (ARRA) with 100% capital grant dollars.
Meeting Date: 4/10/2012
Prepared By
Name: CardesoYousi
Title: Administrative Assistant,Alternative Transportatio
3/15/2012 12:13:36 PM
Submitted by
Title: Manager - Public Transit,Alternative Transportation Modes
Name: CarterGlama
3/15/2012 12:13:38 PM
Approved By
Name: SotoCaroline
Title: Management /Budget Analyst,Transportation Administr
Date: 3/15/2012 12:29:26 PM
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes,Alternative Tr
Date: 3/15/2012 3:58:42 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 3/15/2012 5:31:07 PM
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4/10/2012 Item 16.A.12.
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 3/17/2012 9:41:21 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 3/21/2012 2:25:13 PM
Name: CarterGlama
Title: Manager - Public Transit,Alternative Transportation Modes
Date: 3/21/2012 4:09:24 PM
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing & General Services
Date: 3/22/2012 9:07:19 AM
Name: OberrathKaren
Title: Senior Accountant, Grants
Date: 3/29/2012 7:08:21 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/29/2012 8:21:56 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/29/2012 8:26:25 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 3/29/2012 11:33:41 AM
Name: OberrathKaren
Title: Senior Accountant, Grants
Date: 3/29/2012 5:31:56 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/30/2012 10:15:04 AM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Management & Budget
Date: 4/2/2012 5:17:32 PM
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Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/4/2012 10:49:31 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/4/2012 11:19:34 AM
Name: OchsLeo
Title: County Manager
Date: 4/4/2012 11:24:03 AM
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4/10/2012 Item 16.A.12.
4/10/2012 Item 16.A.12.
A G R E E M E N T 11-5753
for
Electronic Fareboxes
THIS AGREEMENT, made and entered into on this day of April, 2012 by and between
Fare Logistics Corporation, authorized to do business in the State of Florida, whose business
address is 10 -4223 Commerce Circle, Victoria, BC Canada V8Z 6N6, hereinafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County ":
WITNESSETH:
1. COMMENCEMENT. The Contractor shall commence the initial work within ten (10)
working days after issuance of a Purchase Order and Notice to Proceed, and the Contractor
shall have finally completed by February 28, 2013, services to include, but not be limited to
the following: project kickoff, equipment manufacturing including factory testing and
delivery of equipment, training, installation of the fare collection system, revenue service
acceptance testing and system acceptance, and delivery of documentation in conformance
with specifications. Ongoing software licenses and maintenance shall be addressed in a
separate Agreement.
1.1 The Contractor agrees to complete the initial services for the project on or before
February 28, 2013. Should the Contractor fail to commence, provide, perform or complete
any of the services to be provided hereunder in a timely manner, in addition to any other
rights or remedies available to the County hereunder, the County at its sole discretion and
option may withhold any and all payments due and owing to the Contractor until such time
as the Contractor resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the County's satisfaction that the Contractor's performance is or will
shortly be back on schedule.
1.2 This Agreement will expire four (4) years after completion of the initial services unless
an extension of the time period is requested in writing prior to the contract expiration date by
the County Contract Manager or his /her designee.
2. STATEMENT OF WORK. The Contractor shall provide equipment installation,
training, and implementation, in accordance with the Scope of Services, Exhibit A, terms and
conditions of RFP #11 -5753 and the Contractor's proposal referred to herein and made an
integral part of this Agreement. This Agreement contains the entire understanding between
the parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Contractor and the County project manager or his designee, in compliance
with the County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
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4/10/2012 Item 16.A.12.
3. SCHEDULE. The Contractor shall complete the initial services in accordance with the
milestones identified in Exhibit C, Payment Milestones.
4. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement at an estimated maximum amount of Five Hundred Sixty Four Thousand
Two Hundred Twenty Eight Dollars ($564,228.00) for the initial services, subject to available
federal grant funding. Other related services and spare parts as requested by the County
shall be based on the hourly rates and the Spare Parts Price List in Exhibit B1, and added
through the use of a Change Order.
4.1 Payment will be made upon receipt of a proper invoice and upon approval by the
Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act." The Contractor
shall only submit an invoice once a fully - signed Acceptance Certificate is generated by
the County indicating that a progress payment milestone has been achieved.
4.2 The Contractor shall be paid based on a percentage of completion of the various
tasks associated with the initial services set forth in this Agreement. The County shall
pay to the Contractor the percentages and amounts of the total value of the initial
contract as listed in Exhibit C, Payment Milestones, and Exhibit B, Price Proposal after
review and approval by the County's Project Manager.
4.3 The County will withhold 10% retainage on each invoice for initial services. Upon
acceptance by the County of each stage of the project, the total retainage for that stage
will be paid to the Contractor.
5. ORDER OF PRECEDENCE. Conflicting provisions hereof, if any, shall prevail in the
following descending order or precedence: (1) the provisions of this Agreement; (2)
Contractor's Revised Pricing List, including Fare Collection System Spare Parts; (3)
Contractor's proposal excluding pre- negotiated Price Proposal; (4) Request for Proposal 11-
5753 Electronic Fareboxes and Addenda.
6. OPTION FOR INCREASED QUANTITIES. The Contractor hereby grants to the
County the option to purchase an increase of the initial quantity of items purchased. Pricing
for the additional quantities shall be the same as that for the initial purchase. The County
shall exercise any option to purchase additional quantities within one (1) year from the date
of award of the Contract, unless that option timeframe is extended by mutual written
agreement in compliance with Purchasing Policy and Grantor requirements. Any exercise of
this option to purchase additional quantities shall be confirmed through the issuance of a
Change Order.
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4/10/2012 Item 16.A.12.
7. KEY PERSONNE14TROJECT STAFFING. The Contractor represents that it has, or
will secure at its own expense, all necessary personnel required to perform the services under
this Contract. Such personnel shall not be employees of, or have any contractual relationship
with the County.
7.1 All of the services required hereinunder shall be performed by the Contractor, or
under its supervision, and all personnel engaged in performing the services shall be
fully qualified and, if required, authorized or permitted under state and local law to
perform such services.
7.2 The Contractor's personnel and management to be utilized for this project shall be
knowledgeable in their areas of expertise. The Contractor warrants that all services
shall be performed by skilled and competent personnel to the highest professional
standards in the field. The County reserves the right to perform investigations as may
be deemed necessary to insure that competent persons will be utilized in the
performance of the contract. The Contractor shall assign as many people as necessary
to complete the project on a timely basis, and each person assigned shall be available
for an amount of time adequate to meet the dates set forth in the Project Schedule.
7.3 The Contractor shall not change Key Personnel as listed in the Contractor's
proposal, unless the following conditions are met: (1) Proposed replacements have
substantially the same or better qualifications and /or experience. (2) that the County is
notified in writing as far in advance as possible. The Contractor shall make
commercially reasonable efforts to notify Collier County within seven (7) days of the
change. The County retains final approval of proposed replacement personnel.
7.4 All of the Contractor's personnel (and all subContractor's) will comply with all
County requirements governing conduct, safety, and security while on County
premises.
8. STATEMENT OF FINANCIAL ASSISTANCE. This procurement is funded in part
by a contract between Collier County and the U.S. Department of Transportation, Federal
Transit Administration. Therefore, the following Special Contract Provisions (Articles 10
through 24) apply to this procurement. Funding for this project is 100% grand funded by the
Federal Transit Administration Regular 5307 and 5311 & 5307 ARRA.
9. SUBCONTRACTING.
9.1 The County reserves the right to accept the use of a subContractor or to reject
the selection of a particular subContractor and to inspect all facilities of any
subContractors in order to make a determination as to the capability of the
subContractor to perform properly under this Contract. The Contractor is encouraged
to seek Disadvantaged Business Enterprises (DBE's) and Small Businesses for
participation in subcontracting opportunities. If the Contractor uses any
subContractors on this project the following provisions of this Article shall apply:
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9.2 Any subcontract shall incorporate, in full text, all provisions, terms, and
conditions set forth in this Contract including Specifications and Scope of Work and all
attachments thereto. The Contractor shall provide to the County copies of all fully
executed subcontracts including any amendments thereto. DBE reports are required
monthly including certified payroll.
9.3 If a subContractor fails to perform or make progress, as required by this
Contract, and it is necessary to replace the subContractor to complete the work in a
timely fashion, the Contractor shall promptly do so, subject to acceptance of the new
subContractor by the County.
9.4 The Contractor agrees to abide by all provisions of the applicable
Disadvantaged Business Enterprise (DBE) provisions of this Contract and understands
that failure to comply with any of the requirements shall be considered a breach of
contract.
9.5 The Contractor understands that each DBE utilized on this Contract must be
certified by the County to be counted as DBE participation.
9.6 The Contractor further agrees to provide the County DBE Liaison with a copy
of the Contractor's contract with any DBE and or Small Business subContractor or any
other related documentation upon request.
9.7 The Contractor understands the requirements to comply with the task and
proportionate dollar amounts throughout the term of the Contract as it relates to the
use of DBE firms.
9.8 The Contractor shall only be permitted to replace a certified DBE subContractor
who is unwilling or unable to perform. Such substitutions must be done with other
certified DBEs in order to maintain the DBE percentages established in this Contract.
9.9 The Contractor understands that he/she is prohibited from making any
agreements with DBEs in which the DBE promises not to provide subContractors
quotations to other proposers or potential proposers.
9.10 The Contractor agrees to maintain all relevant records and information
necessary to document compliance with the applicable DBE provisions, and shall
allow the COUNTY to inspect such records.
10. INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS. No member of,
or delegate to, the Congress of the United States shall be admitted to a share or part of this
Contract or to any benefit arising there from.
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11. LABOR PROVISIONS - NONCONSTRUCTION CONTRACTS
11.1 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 work week in
which her or she is employed on such work to work in excess of forty (40) hours in
such work week unless such laborer or mechanic receives compensation at a rate not
less than one and one -half the basic rate of pay for all hours worked in excess of forty
(40) hours in such work week.
11.2 Violation; Liability for Unpaid Wages; Liquidated Damages: In the event of
any violation of the clauses set forth in subparagraph (b)(1) of 29 CFR Section 5.5, the
Contractor and any subContractor responsible therefore, shall be liable for the unpaid
wages. In addition, such Contractor and subContractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a
territory, to such district or to such territory), for shall be liable for the unpaid wages.
In addition, such Contractor and subContractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such district or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clauses set forth in subparagraph
(b)(1) of 29 CFR Section 5.5 in the sum of ten dollars ($10.00) for each calendar day on
which such individual was required or permitted to work in excess of eight (8) hours
or in excess of the standard work week of forty (40) hours without payment of the
overtime wages required by the clause set forth in subparagraph (b)(1) of 29 CFR
Section 5.5.
11.3 Withholding for Unpaid Wages and Liquidated Damages: DOT or Collier
County shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
monies payable on account of work performed by the Contractor or subContractor
under any such contract or any other Federal contract with the same prime Contractor,
or any other Federally- assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime Contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such Contractor or
subContractor for unpaid wages and liquidated damages as provided in the clause set
forth in subparagraph (b)(2) of 29 CFR Section 5.5.
11.4 Non- construction Grants: The Contractor or subContractor shall maintain
payrolls and basic payroll records during the course of the work and shall preserve
them for a period of three (3) years from the completion of the Contract for all laborers
and mechanics, including guards and watchmen, working on the Contract. Such
records shall contain the name and address of each such employee, social security
number, correct classifications, hourly rates of wages paid, daily and weekly number
of hours worked, deductions made, and actual wages paid. Further, Collier County
shall require the contracting officer to insert in any such contract a clause providing
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that the records to be maintained under this paragraph shall be made available by the
Contractor or subContractor for inspection, copying, or transcription by authorized
representatives of DOT and the Department of Labor, and the Contractor or
subContractor will permit such representatives to interview employees during
working hours on the job.
11.5 Subcontracts: The Contractor or subContractor shall insert in any subcontracts
the clauses set forth in subparagraph 11.1 through 11.5 of this Article and also a clause
requiring the subContractors to include these clauses in any lower tier subcontracts.
The prime Contractor shall be responsible for compliance by any subContractor or
lower tier subContractor with the clauses set forth in subparagraphs 11.1 through 11.5
of this Article.
12. FEDERAL CHANGES. The Contractor shall at all times comply with all applicable
Federal Transit Administration (FTA) regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the agreement between
County and FTA, as they may be amended or promulgated from time to time during the
term of this Contract. Contractor's failure to so comply shall constitute a material breach of
this Contract.
13. NO FEDERAL GOVERNMENT OBLIGATION.
13.1 Contractor and County acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this Contract and shall not be
subject to any obligations or liabilities to the County, Contractor, or any other party
(whether or not a party to this Contract) pertaining to any matter resulting from the
underlying contract.
13.2 The Contractor agrees to include the above clause in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that
the above clause shall not be modified, except to identify the subContractor who will
be subject to its provisions.
14. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS.
14.1 The CONTRACTOR acknowledges that the provisions of the Program Fraud
Civil Remedies Act of 1986, as amended, 31 U.S.C. Section 3801 et seq. and U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 C.F.R Part 31, apply to its actions
pertaining to this Project. Upon execution of the Contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the Contract or the FTA assisted project for
which this Contract work is being performed. In addition to other penalties that may
be applicable, the Contractor further acknowledges that if it makes or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
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4/10/2012 Item 16.A.12.
Federal Government reserves the right to impose the penalties of the Program Fraud
Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government
deems appropriate.
14.2 The Contractor also acknowledges that if it makes, or causes to be made a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. Section 5307, the Government reserves the right to impose the penalties of 18
U.S.C. Section 1001, and 49 U.S.C. Section 5307 (n)(1) on the Contractor to the extent
the Federal Government deems appropriate.
14.3 The Contractor agrees to include the above two clauses in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is further
agreed that the clauses shall not be modified, except to identify the subContractor who
will be subject to the provisions.
CIVIL RIGHTS.
15.1 Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. Section 2000d, Section 303 of the Age Discrimination Act of 1975,
as amended, 42 U.S.C. Section 6102, Section 202 of the Americans with Disabilities Act
of 1990, 42 U.S.C. Section 12132, and Federal transit law at 49 U.S.C. Section 5332, the
Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the CONTRACTOR agrees to comply with applicable Federal implementing
regulations and any other implementing requirements FTA may issue.
15.2 Equal Employment Opportunity.
i. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. Section 2000e, and Federal transit laws at 49
U.S.C. Section 5332, the Contractor agrees to comply with all applicable equal
employment opportunity requirements of the U.S. Department of Labor (U.S.
DOL) regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by "Executive Order No. 11375," Amending Executive Order 11246
Relating to "Equal Employment Opportunity," 42 U.S.C. Section 2000e note), and
with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the
course of the Project. The Contractor agrees to take affirmative action to ensure
that applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment, or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
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including apprenticeship, In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
ii. Age. In accordance with Section 4 of the Age Discrimination in Employment Act
of 1967, as amended, 29 U.S.C. Section 623 and Federal transit law at 49 U.S.C.
Section 5332, the CONTRACTOR agrees to refrain from discrimination against
present and prospective employees for reason of age. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
iii. Disabilities. In accordance with Section 102 of the Americans with Disabilities
Act, as amended, 42 U.S.C. Section 12112, the Contractor agrees that it will comply
with the requirements of U.S. Equal Employment Opportunity Commission,
"Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons
with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
15.3 The Contractor agrees to include the above - stated requirements in each
subcontract financed in whole or in part with Federal assistance provided by FTA,
modified only if necessary to identify the affected parties.
16. INCORPORATION OF FTA TERMS. This Contract contains certain standard terms
and conditions required by U.S. DOT. All contractual provisions required by U.S. DOT, as
set forth in FTA Circular 4220.117, et. seq., 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 Contract. The Contractor shall
not perform any act, fail to perform any act, or refuse to comply with any County requests
which would cause the County to be in violation of the FTA terms and conditions.
17. ACCESS TO RECORDS.
17.1 The Contractor agrees to provide County, the FTA, the Comptroller General of
the United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
Contract for the purposes of making audits, examinations, excerpts and transcriptions.
17.2 The Contractor agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
17.3 The Contractor agrees to maintain all books, records, accounts, and reports
required under this Agreement for a period of not less than three (3) years after the
date of termination or expiration of this Agreement, except in the event of litigation or
settlement of claims arising from the performance of this Agreement, in which case the
Contractor agrees to maintain same until the County, the FTA, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims, or exceptions related thereto.
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18. RECYCLED PRODUCTS. The Contractor agrees to comply with all the requirements -
of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended, (42
U.S.C. 6962) including but not limited to the regulatory provisions of 40 C.F.R. Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart
B of 40 C.F.R. Part 247.
19. SUSPENSION AND DEBARMENT. The Contractor certifies or affirms the
truthfulness and accuracy of its certification regarding debarment, suspension, and other
responsibility matters. The Contractor understands and agrees that the provisions of 49 CFR
Part 29 apply to its certification and disclosure.
20. CERTIFICATION REGARDING LOBBYING. The Contractor certifies or affirms the
truthfulness and accuracy of its certification and disclosure, if any. The Contractor
understands and agrees that the provisions of 31 U.S.C. Section 3801, et seq. apply to its
certification and disclosure, if any.
21. CONSERVATION. The Contractor shall recognize mandatory standards and policies
relating to energy efficiency which are contained in the State energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (42 USC Section 6321 et. seq.)
22. ENVIRONMENTAL VIOLATIONS. The Contractor agrees to comply with all
applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act
(42 USC 1857(h)), Section 508 of the Clear Water Act (33 USC 1368, Executive Order 11378,
and Environmental Protection Agency regulations (40 CFR Part 15) which prohibit the use
under nonexempt Federal contracts, grants or loans of facilities included on the EPA list for
Violation Facilities. The Contractor shall report violations to FTA and to the US EPA
Assistant Administrator for Enforcement (EN -329).
23. CRIMINAL HISTORY RECORDS CHECK. The CONTRACTOR shall comply with
the provisions of Ordinance 2003 -030, the Criminal History Records Check Ordinance
( "Ordinance'), if CONTRACTOR's employees or subContractors are required under this
Contract to enter a "critical facility" as identified in Resolution R- 2003 -1274. The
CONTRACTOR acknowledges and agrees that all employees and subContractors who are to
enter a "critical facility" will be subject to a fingerprint based criminal history records check.
Although COUNTY agrees to pay for all applicable FDLE /FBI fees required for criminal
history record checks, the CONTRACTOR shall be solely responsible for the financial,
schedule, and staffing implications associated in complying with Ordinance 2003 -030.
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24. FEDERAL AND STATE TAX. The County is exempt from payment of Florida State
Sales and Use Taxes. The County will sign an exemption certificate submitted by the
Contractor. The Contractor shall not be exempted from paying sales tax to its suppliers for
materials used to fulfill contractual obligations with the County, nor is the Contractor
authorized to use the County's Tax Exemption Number in securing such materials.
The Contractor shall be responsible for payment of its own and its share of its employees'
payroll, payroll taxes, and benefits with respect to this Contract.
25. AVAILABILITY OF FUNDS. The County's performance and obligation to pay under
this Agreement is contingent upon an annual appropriation for its purpose by the Board of
County Commissioners.
26. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance of
the Work.
27. NOTICES. All notices from the County to the Contractor shall be deemed duly
served if mailed or faxed to the Contractor at the following Address:
Fare Logistics Corporation
10 -4223 Commerce Circle, Victoria, BC Canada V8Z 6N6
(631) 486 -4613 Phone;
John E. Swanson, Sales Manager (631) 513 -6250 Mobile
All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed
to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Purchasing /GS Director
Telephone: 239 - 252 -8407
Facsimile: 239 - 252 -6584
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
28. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
creating a partnership between the County and the Contractor or to constitute the Contractor
as an agent of the County.
29. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for
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all such permits issued by the County shall be processed internally by the County. All non -
County permits necessary for the prosecution of the Work shall be procured and paid for by
the Contractor. The Contractor shall also be solely responsible for payment of any and all
taxes levied on the Contractor. In addition, the Contractor shall comply with all rules,
regulations and laws of Collier County, the State of Florida, or the U. S. Government now in
force or hereafter adopted. The Contractor agrees to comply with all laws governing the
responsibility of an employer with respect to persons employed by the Contractor.
30. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, County or municipal ordinance,
rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter
enacted or adopted. In the event of such violation by the Contractor or if the County or its
authorized representative shall deem any conduct on the part of the Contractor to be
objectionable or improper, the County shall have the right to suspend the contract of the
Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to
the satisfaction of the County within twenty -four (24) hours after receiving notice of such
violation, conduct, or practice, such suspension to continue until the violation is cured. The
Contractor further agrees not to commence operation during the suspension period until the
violation has been corrected to the satisfaction of the County.
31. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
32. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
33. INSURANCE. The Contractor shall provide insurance as follows:
Commercial General Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non - Ownership.
Workers' Compensation: Insurance covering all employees meeting Statutory Limits
in compliance with the applicable state and federal laws.
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The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County ten (10) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
34. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or
utilized by the Contractor in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
35. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Alternative Transportation Modes Department.
36. CONFLICT OF INTEREST. Contractor represents that it presently has no interest
and shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
37. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out verbatim:
Exhibit A - Scope of Work, Exhibit B and 131 - Price Proposal and Spare Parts Price List,
Exhibit C - Payment Milestones and Insurance Certificates.
38. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or
other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
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Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from
contact with County staff for a specified period of time; b. Prohibition by the individual
and /or firm from doing business with the County for a specified period of time, including
but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any
contract held by the individual and /or firm for cause.
39. IMMIGRATION LAW COMPLIANCE. By executing and entering into this
agreement, the Contractor is formally acknowledging without exception or stipulation that it
is fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as
either may be amended. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
40. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and conditions
of this solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
41. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid,
or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
42. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added
to this contract in accordance with Purchasing Policy.
43. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by this Agreement to resolve disputes between the parties, the parties shall make a
good faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties
shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives
of Contractor with full decision - making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts
in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency:
i
F. �-
Deputy County Attorney
Print Name
First Witness
TType /print witness nameT
Second Witness
TType /print witness nameT
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv:
Fred W. Coyle, Chairman
Fare Logistics Corporation
Contractor
Signature
Typed signature and title
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EXHIBIT A
Scope of Services
11 -5753 Electronic Fareboxes
Contract Overview
The tasks and sub -tasks listed below are based on a current understanding of the project
requirements. During the progression of the project, the County project manager and project
manager for the Contractor will monitor the progress of each task and sub -task, and adjust
the resource allocation and schedule as needed. The administration of the contract shall be as
follows:
1. Any changes shall be mutually agreed upon in writing, but will not require a formal
change order unless the change(s) would exceed the overall contract amount.
2. It is expressly stated and understood by the parties that zero dollar changes, including,
but not limited to, time extensions not exceeding 20% of the overall contract, and time
and /or sequence changes to Milestones may be made through the use of a Change by
Letter signed by the County Project Manager or his /her Designee.
3. The Change by Letter will include a line for the Consultant's representative or
designee's signature. Copies of the duly signed letter shall be forwarded to the
appropriate Procurement Strategist for final signature and forwarding to the Finance
Division.
I. Work to Be Performed By Contractor
The Contractor shall perform the following work:
A. The Contractor shall be responsible for all work and expenses relating to the design, manufacture, delivery
and installation of the equipment to the Collier Area Transit ( "CAT ") facility.
B. Project to be completed, and final invoice must be submitted by February 28, 2013.
C. The equipment, subsequent to testing, shall be complete in every respect and suitable for revenue service.
D. For those items of equipment to be installed by the Contractor, the Contractor shall provide all hardware
and other materials and all personnel and supervision necessary for installation in accordance with the
schedule proposed by the Contractor and approved byCounty.
1. The Contractor shall supply such materials and supervision as may be necessary for the proper
configuration and installation of the fareboxes, revenue equipment, Fare Collection Management
and Reporting System (FCMRS) and any options exercised by County. All equipment shall be
tested in accordance with a startup test procedure to be developed by the Contractor and approved
by County. The Contractor shall provide on -site supervision of all installation efforts at all times
during the installation. The Contractor shall adhere to the agreed installation schedule and
procedures and provide the necessary documentation of work performed during the installation
work.
2. The Contractor shall remove the existing fare collection system, including all existing fareboxes
from the buses and the revenue servicing equipment in the cashbox vaulting lanes of the CAT
facility. The Contractor shall be responsible for transporting such removed items to a central
storage location at or near the CAT facility as designated by County.
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3. For those items of equipment to be installed by the Contractor, a list shall be provided of all items of
hardware and the required Contractor and CAT personnel and supervision for installation work in
accordance with the schedule proposed by the Contractor and approved by County.
4. Contractor shall provide personnel to supervise, inspect and adjust the equipment prior to, during
and through final acceptance of the final system.
E. All equipment shall be of the latest engineering change level available and shall incorporate suitable
modifications for all known operational problems identified during the PDR/ CDR reviews and during
testing at factory. The Contractor shall retrofit all known problem solutions (engineering changes) to the
equipment installed prior to the initial testing and any additional upgrades, recalls, campaigns, etc. that
are made available to other customers during the warranty period. The Contractor shall notify County
in writing of all such upgrades.
F. The Contractor shall propose an installation schedule for the CAT's approval. Installation shall be
completed over two (2), two -day weekends.
G. The Contractor shall deliver the equipment to the location specified by the County, for purposes of
temporary storage. County will provide suitable storage facilities prior to installation of the equipment and
will assume sole responsibility for the equipment while in storage.
H. Revenue collection vault(s) equipment, software and specifications shall be provided by contractor to
County.
I. County will provide a specific unobstructed site at its facility for the installation of the vault. This site shall
be level and of suitable construction for such installation. If it is necessary to pour a concrete pad for the
vault, County will be responsible for this work as well as for the construction of the vault; and the
contractor shall be responsible to provide required pad size dimensions, load requirements, and mounting
hardware to be embedded in the pad and any electrical or data conduit requirements that are to be
embedded in the pad.
J. The Contractor shall make available full and competent engineering services to identify and correct all
problems associated with the performance of its equipment in a timely manner.
K. Contractor shall be responsible for repairs under the terms and conditions of the warranty and maintenance
support provisions indicated herein. Subsequent to the warranty period any parts, assemblies, and
equipment shipped to the Contractor for repairs shall be subject to repair charges in accordance with an
agreed upon schedule of prices or quotation for parts and labor.
L. The Contractor shall provide the services of a qualified representative to meet with County to provide
consultation and instructions regarding installation of the equipment specified herein. For operation of
fareboxes on the bus, the Contractor shall use the existing DC electrical power available on CAT buses.
M. The Contractor shall prepare all deliverables in both Microsoft Office (Word, Excel or PowerPoint) and
Adobe PDF formats, with County granted full rights to reprint as needed.
N. All work shall be in accordance with the schedule described herein or a modified schedule approved in
writing by the County.
O. The Contractor shall inspect the existing bus fleet and the power available with the existing batteries to
ensure that there is sufficient power available for operation of the new Fare Collection System. If there are
any deficiencies, these shall be identified by bus type to the County for a mutually acceptable resolution of
the issues.
Where data system installation or other electrical installation is involved, the Contractor shall be
responsible for all work involved and must coordinate with the County's CAT and IT staff in the
running of any overhead or underground conduits for data cable, stringing supported or
unsupported cables from probe points to the computer and providing adequate electrical service for
the equipment provided. Plans for such work shall be approved by County and meet all
requirements of all applicable building codes.
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2. Electrical requirements and all cable to the extent indicated in these specifications shall be furnished
by the Contractor. Contractor shall inspect and coordinate with the County's IT staff the site where
the facility equipment is to be installed and determine with County's approval if the existing conduit
can be used within the new fare collection system. Contractor shall certify that this effort has been
completed and include the usage of the existing conduit in the installation plan if such use is found to
be appropriate.
3. The Contractor shall provide the services of a qualified representative to meet with representatives of
County involved in this procurement to provide consultation and instructions relative to the proper
provisions and work for the installation of equipment specified in these specifications.
P. The Contractor shall furnish electrical requirements and all cable to the extent indicated in these
specifications.
Q. The Contractor shall be responsible for providing base dimensions and load requirements. Provisions shall
be included by the Contractor to allow for the vaulting area to include methods to minimize the effect of
moisture in the vault location to degrade the operation and/ or security of the vaulting equipment.
R. The Contractor shall be responsible for hosting computer hardware and software required as part of the
FCMRS (please refer to Section 5 for further requirements). County shall be able to access this hosted
system over a secured network without any Contractor intervention, unless necessary for software support.
The database used in the hosted FCMRS shall be secured and County shall be the complete owner of the
data. County shall have full system administrator privileges to manage the user access levels and
password - protection for the FCMRS.
S. The Contractor will deliver the County's requested "remote Hosted solution;' which will encompass the
Contractor maintaining the Transfare system database, wireless communication to farebox devices for
revenue data collection, installation of the TransMedia workstation connected to the Contractor's Private
Network, as well as an ISP web portal to be used for County management to access reporting by means of
a website URL to access the TransFare system.
II. Work to Be Performed By County
A. County will make buses available to the Contractor for installation work. County shall provide movement
of buses as necessary. County shall approve all installation plans and procedures by the Contractor.
B. County shall assist the Contractor in coordinating the actual farebox and other equipment installation.
County will provide a mechanic and supervisor at the facility location where installation tasks are
performed.
C. County will provide AC power for all tools and lighting needed by the Contractor for physical installation.
D. County will provide adequate storage space at its facility location to store the fareboxes and related
equipment upon delivery from the Contractor. This storage shall be secure and protected from the
weather. County shall also provide personnel and material handling equipment to bring the fareboxes (and
other equipment) from such storage place to the designated installation sites.
E. County will be responsible for and provide any and all material handling equipment and personnel
required to lift or otherwise manipulate the vaults, collection bins, or their contents during day -to -day
revenue transfer operations.
F. County will provide a specific unobstructed site at its facility for the installation of the vault. This site shall
be level and of suitable construction for such installation. If it is necessary to pour a concrete pad for the
vault, County will be responsible for this work as well as for the construction of the vault; and the
Contractor shall be responsible to provide required pad size dimensions, load requirements, and mounting
hardware to be embedded in the pad, and any electrical or data conduit requirements that are to be
embedded in the pad.
G. County shall provide 120 VAC, 15 amp electrical services in proximity to the agreed upon location for the
data probing system isolation box.
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H. County shall coordinate with the Contractor regarding the system configuration of computer hardware and
software required as part of the remote hosting of FCMRS at Contractor's facility.
III. General Design Requirements
The fare collection system specified herein shall be designed to function reliably in the intended transit
environment specified. All normal conditions for this environment, including, but not limited to dust,
moisture, electromagnetic interference, power line fluctuations, vibration, and exposure to atmospheric
conditions shall not affect the reliability or service life of the equipment provided. The range of these
environmental conditions shall be tested during the First Article Testing (FAT).
A. Design Life - The fare collection system hardware and software shall be designed to provide a usable
life for a minimum of twelve (12) years subject to proper preventive maintenance being performed.
B. Modular Components _All equipment shall be designed as modular. Modules from equipment of the
same type shall be exchangeable between items of equipment without hardware or physical
modification. Components, subsystems, assemblies, and subassemblies shall be of modular design for
ease of maintenance and interchangeability and shall conform to the operational, storage and functional
requirements as incorporated herein.
C. Human Engineering
1. The fare collection system hardware and software shall be designed to provide for ease of use by a
properly trained individual.
2. All software shall be designed to be user friendly, allowing the user to access all features through
graphical user interfaces, pull down menus, and on -line help features based on assigned password
privileges.
D. Interchangeability
All of the equipment furnished shall be identical in manufacture and function. The equipment and the
components of the equipment shall be completely interchangeable.
E. Maintainability and Accessibility
1. All components shall be packaged in replaceable and repairable modules. Standard hardware and
components shall be used for flexibility and ease of maintenance. Standardized commercially
available hardware and components shall be used to achieve flexibility in use and to facilitate
maintenance. There shall be sufficient latitude in the operating tolerances to permit the substitution
of modules without the necessity of making any electrical or mechanical adjustments. Modules and
sub - assemblies shall be easily accessible and removable without the need for special tools.
2. All system elements provided under this contract to be used by the general public shall conform to
the requirements that are in effect on the date of this proposal. For the purposes of this specification,
all references to ADA requirements shall include the requirements imposed by any and all of the
laws and regulations.
Entry codes shall be performed using internal keypads, with delayed alarm triggered if the proper
code is not used. In equipment which contains revenue, the use of an internal access code and
exterior access control system (PIN code, identification card or other security scheme) shall be
required.
F. Security and Safety
All fare collection equipment shall be designed, manufactured, assembled and installed in a safe
manner. Once the system is installed and available for use, there shall be no hazard to the public upon
use of the fare collection equipment. The fare collection equipment shall pass County's safety
verification as part of the First Article Test.
G. External Surfaces
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1. External surfaces of all system equipment shall be clean, with no projections, sharp edges or corners
that can cause any person injury or damage to property. External surfaces shall not contain cracks,
weld marks, burrs, discolorations, or distortions resulting from fabrication, shipment or installation.
2. Surfaces not of stainless steel, aluminum, or plated shall be painted with a corrosion resistant paint.
Painted surfaces shall be free of rust, scale, grease and foreign matter immediately preceding the
first priming coat. Paint applied to any internal surface shall be designed to last for the life of the
particular component to which it is applied. Paint applied to any external surface shall be baked
enamel or other coating designed to last for a minimum of twelve (12) years before needing to be
repainted.
3. The Contractor shall spray paint and bake all surfaces that are painted in order to give them a hard
enamel finish. Any paint shall be uniformly applied over all surfaces to be covered, and shall be free
from runs, sags, dirt or other application defects.
4. Color, metal protection materials and processes, and finish of all paintwork to be used on internal
and external surfaces of all lane equipment shall be subject to County selection and approval.
H. Locks
1. The Contractor shall provide all cashbox vaulting lane equipment with locked covers to prevent
unauthorized access.
2. System equipment of the same type shall have identical locks that open with the same key number,
and each type of equipment shall require different key numbers for access.
3. Separate access shall be provided, where possible, for operating personnel to perform routine
maintenance and shall be keyed differently to equipment areas requiring access only by technical
maintenance personnel.
I. Reliability
1. The reliability of the fare collection shall be as follows at the conclusion of all acceptance testing:
• Farebox: 2,000 Mean Cycles Between Failures
• RCVS 10,000 Mean Cycles Between Failures
2. One (1) cycle for the farebox shall be defined as one (1) complete fare verification at a farebox,
including required bus operator button presses.
3. One (1) cycle for the RCVS shall be defined as one (1) complete emptying cycle of a cashbox into the
receiver vault.
END OF SECTION
IV. ON -BOARD EQUIPMENT
The farebox shall be a mounted, freestanding device used to collect and securely store fares using a variety of
fare media. This shall include processing cash, tokens and magnetic transfers and passes. The farebox shall be
controlled by electronic logic and supported by electronic memory, displays and indicators. It shall permit the
easy insertion of fare media by boarding customers; provide a display for customer information; and an OCU
with human factors engineering practices and industrial design considerations.
The farebox shall be reliable in revenue service operations, accurate in its counting and data reporting, and
secure in its retention and transfer of data and collected revenue. Under normal operating conditions,
processing of fares shall require the minimum effort by bus operators to accurately and correctly account for
customer fare payment and collection of revenue.
Operational Features -- The farebox shall have the following operational features:
• Accept, validate, count and register US coins and paper currency,
• Return coins, bills and tokens and other objects that are not valid or acceptable to the system,
• Accept, validate and count magnetic farecards;
• Print and issue a transfer, day pass and other agreed -upon types of passes;
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• Print, encode and issue a farecard for fare overpayment (i.e., a "change card ")
• Permit the recording of various types of fare transactions using bus operator activated pushbuttons.
4.1 General Performance Requirements
A. The farebox, as defined within these specifications, shall include all hardware and software installed on-
board any CAT bus for purposes of accepting payment of the fare by a customer by: cash, token (as
defined by County) and magnetically coded transfers and passes as valid fare payment methods. The
system software and hardware shall include means for validation and acceptance of new currency to be
issued in the future by the United States Treasury Department.
B. The farebox shall be installed on each bus, adjacent to the bus operator, and in proximity of the front
door. It shall be positioned so that an entering customer may easily insert the required fares into the
farebox, using a fare payment of coins without blocking exiting customers. This position shall permit
the bus operator to readily determine the customer's fare payment method, observe all of the digital
readouts provided on the bus operator side of the farebox (including the OCU), and reach and
manipulate various bus operator controls from the seated position. The farebox location shall permit all
of the required maintenance functions to be performed, as well as to provide easy access for the removal
of the cashbox and meet all ADA requirements for customer entry and exit.
C. The mounting of the farebox shall be designed to minimize movement or rattling of the farebox.
D. The farebox shall be a solid -state logic controlled validating farebox with supported memory used to
accept, validate, count and securely store paid fares.
E. The farebox shall function under the environmental and operational conditions stated in these
specifications and shall be designed and manufactured to provide a high degree of security against
forced entry into the cashbox area and /or unauthorized manipulation of farebox modules.
F. The farebox shall permit the customer to easily and rapidly insert the required fares and for the bus
operator to readily ascertain that the correct fare has been paid, regardless of the fare payment method
employed. The capacity of the farebox shall be such as to securely retain the collected fares until such
time as they are removed under authorized conditions. The farebox shall function in a reliable manner
so as to provide service on an uninterrupted basis, consistent with the performance requirements
contained herein.
G. The farebox shall function to provide specific information relative to the daily operations of the farebox;
the revenue amounts, types and quantities of customers; bus operator and work run identification; bus
location data, and other information which may be used in providing audit trails; ridership data and
accountability of the specific items of equipment and of the system operations. The degree and extent
of this information and the means and methods of its generation and reporting shall be as described in
these specifications.
H. The electronic boards utilized within the farebox, including associated electronic components, shall be
capable of operating ten thousand (10,000) hours between failures provided there is no abuse,
vandalism, operation beyond standards or lack of maintenance per the Contractor's instructions.
I. On -board equipment shall have a mean time to repair of ten (10) minutes. Repair shall be defined as the
diagnosis, removal and replacement of one (1) or more defective assemblies (such as a coin unit, bill
transport, MSR, OCU, cashbox, electronic board, etc.) to put the equipment back into operating
condition. Repair of the defective assembly will not be included in mean time to repair.
J. The farebox shall have the ability to create and store summary records as well as transactional records,
K. The activation and deactivation of bus operator log -on /log -off with the OCU shall be settable and
modified only via downloaded fare table parameters from the Fare Collection Management and
Reporting System (FCMRS).
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L. A switch shall be located within the farebox to disconnect it from the vehicle power. Location of this
switch shall be identified on the farebox design drawings and shall be subject to review and approval of
County.
M. Contractor shall provide stickers and other graphics for the fareboxes to identify the various slots and
displays, which shall identify the correct insertion of payment and fare media. These shall be provided
by the Contractor for County review at PDR and approved at CDR.
4.2 Coin Acceptance
A. Operation
1. The farebox coin unit shall accept, validate and count the value of pennies (1 C), nickels (54), dimes
(10¢), quarters (25c), half - dollars (50c), and (Susan B. Anthony /Sacagawea) dollar coins ($1.00); and
accept and validate a token as desired by County. Validation of the coins shall be by weight,
density, magnetic properties, size and /or other means which will guarantee that only valid US
coins are accepted and validated.
2. The coin slot shall permit ease of coin entry and shall be designed to last the life of the equipment.
3. Acceptance and registration of coins shall be at a coin insertion rate of not less than ten (10) coins
per second. The coin unit and associated logic may be utilized to identify other sizes of coins
without necessity of replacement or remanufacture of the coin unit or other hardware change.
4. Subsequent to insertion and registration, coins shall be directed to a cashbox located within the base
of the farebox. Within the cashbox the coins shall be maintained separate from the bills.
5. The counting logic of the farebox shall increment the appropriate non - resettable counter for each
denomination of coin and each type registered and accepted.
6. Any remaining value displayed on the OCU and the Customer Information Display shall clear after
the display clear time has elapsed. County shall have the ability to set the display clear time in one
(1) second increments from zero (0) to sixty (60) seconds via the FCMRS.
7. The coin unit shall meet the following criteria:
• Ninety-nine percent (99.0 %) of valid coins shall be accepted and validated upon initial
insertion.
• Ninety -nine and eight- tenths percent (99.8 %) of valid coins shall be accepted and validated
upon one (1) reinsertion.
• All known counterfeit coins, common slugs, foreign coins, and coins of denominations not
valid shall be rejected upon every insertion.
• Validation accuracy of accepted coins shall be at least ninety-nine and ninety -five
hundredths percent (99.95 %).
8. Each coin unit shall be permanently inscribed with a clearly visible unique serial number.
B. Coin Return
1. A coin return cup or tray shall be provided on the farebox, located within easy reach of a customer
and conforming to all ADA requirements.
2. Any coin which the customer inserts into the farebox and the coin validator cannot automatically
validate shall be returned to the customer via the coin return cup. This shall include deformed coins
and coins otherwise not meeting the specified valid coin criteria.
3. The farebox shall note in its memory and retain for data transmission the instances of coin returns.
This information shall be forwarded to the FCMRS to assist in failure diagnosis.
C. Deformed Coins
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1. The coin unit shall have the capability of handling, without jamming, coins which are deformed.
That is, coins which, within certain limits, are bent or bulged, not perfectly round or have attached
foreign material.
2. The coin unit shall process and accurately validate coins with the following deformations:
a) Coins bent or bulged having overall thickness ranging up to 0.020 inch greater than the coins'
standard thickness.
b) Coins having attached, relatively complete and uniform layers of foreign material (such as
epoxy, solder or hardened gum) ranging up to 0.040 inch in thickness.
c) Coins not perfectly round (examples: squashed or flat edges) having diameters up to plus or
minus 0.020 inch different from standard diameter at the point of deformity.
D. Coin By -Pass
1. A coin by -pass mechanism shall be provided for the passage of coins to the cashbox by- passing the
coin unit (in the event of, for example, a coin jam in the coin unit or a failure of the electronic logic).
When a farebox is placed in by -pass mode, the FCMRS shall record this event.
2. The activation of the coin by -pass mechanism shall be by a deliberate action on the part of the bus
operator. Coins processed in this manner shall not be counted nor registered by the farebox but
shall be passed directly into the cashbox.
3. In the operation of any device to achieve a coin by -pass, the security of the farebox and the retention
of the revenues shall not be diminished. When the mechanism is used, it shall not be possible for
the bus operator to reset it from outside of the farebox.
4. The farebox shall note in its memory and retain for data transmission, the exact time when the by-
pass is activated and deactivated. A record shall also be created when the by -pass is activated and
again when the by -pass is deactivated.
5. The resetting of the mechanism shall require access to the farebox interior by authorized personnel.
6. When the coin by -pass is activated, bills, magnetically encoded and smart cards shall continue to be
accepted, registered and processed.
4.3 Bill Acceptance
A. The farebox shall be capable of accepting, validating and counting U.S. $1, $2, $5, $10 and $20 bills
oriented in any of four (4) directions. The paper currency acceptance slot shall be positioned in the
general proximity of the coin insertion area, and shall accept bills which have been opened to their full
area and inserted lengthwise. The dimensions of the currency slot shall hinder the accidental entry of
coins into it. The currency slot shall be illuminated to permit ease of bill entry in diminished lighting
conditions using LED lighting designed to last the life of the farebox. The unit employed to transport
the inserted bills shall be positive and not require precise insertion by the customer. A guide bezel shall
be provided to assist in the entry of the bill into the currency slot. The bill shall be inserted
approximately one (1) inch before the transport shall become operational and advance the bill to the
validation area.
B. The bill transport shall employ a roller mechanism to positively engage an unfolded and folded bill,
regardless of condition without jamming. It shall require no force to cause the transport to start.
C. The bill shall be advanced to the cashbox (in the lower portion of the farebox) after validation. Any
remaining value displayed on the OCU and customer display shall clear after the display clear time has
elapsed.
D. Bills shall be processed at a maximum rate of one (1) bill per second. This time shall be measured from
the time that the bill is sensed in the bill insertion slot to the time that the value of the bill is displayed to
the customer and the bus operator.
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E. The bill transport shall have the capability of handling, without jamming, paper media which is
deformed. That is, paper media which is subject to the conditions of daily "street" use, including
wrinkled, torn, folded, or damp media.
F. The bill transport shall process and accurately validate bills with the following conditions:
1. Bills which are not uniformly flat or in "new' condition.
2. Bills which are torn to a depth of two (2) inches from the edge of the bill.
3. Bills which are damp but not saturated.
4. Bills having tape or other foreign material adhering which can fit through the opening in the
currency slot.
G. Each bill transport shall be permanently inscribed with a unique serial number, clearly visible when the
maintenance apertures of the farebox are opened.
H. Bill processing and acceptance shall meet the following criteria:
1. 97% of valid bills shall be validated and accepted upon initial insertion.
2. 98.5% of valid bills shall be validated and accepted within two (2) insertions.
3. All known counterfeit bills, color photocopies of valid bills, duplicates made by other known
means, foreign bills, and bills of denominations not valid shall be rejected upon every insertion.
4. Validation accuracy of accepted bills shall beat least 99.95 %.
I. The acceptance sensitivity of each denomination of bill accepted shall be adjustable.
J. Bills and other paper items placed in the bill insertion slot that are not accepted shall be returned to the
customer at the bill insertion slot.
4.4 Operator Control Unit
A. The farebox shall be equipped with an Operator Control Unit (OCU). Integral to each OCU shall be a
keypad and display or touch screen to operate the farebox. The OCU shall be capable of initializing a
farebox and its electronics for route and run setup.
B. The OCU shall not be integral to the farebox but shall be housed in a separate compact console
constructed of revenue service tested materials. Mounting hardware shall be provided to permit
mounting on the vehicle dashboard or other appropriate location, facing the bus operator. The OCU shall
be positioned not less than twenty-five (25) inches from the bus floor. The OCU shall be mounted on an
adjustable and lockable ball joint that allows the bus operator to provide for ease of button operation and
viewing of the display. The installed CCU shall not interfere with any bus controls, block any bus
indicators or other bus operator displays, or create a safety hazard. All mounting arrangements shall be
approved by County. The OCU shall be connected to and communicate with the farebox via protected
cabling.
C. The OCU shall be provided with a two (2) line electroluminescent display, a light emitting diode display
or a backlit liquid crystal display (LCD) or an approved equivalent such as a full context touch screen with
not less than twenty (20) alphanumeric characters per line, and which shall be fully dot addressable,
capable of displaying graphics and capable of displaying a minimum of two (2) lines of text. The OCU
shall be able to show the full ASCII character set. For backlit LCD displays, the OCU contrast shall be
adjustable and backlighting shall be capable of being turned on or off via the OCU keypad. The display
shall be of sufficient brightness to be visible in all forms of ambient lighting within the bus and shall be
sufficiently protected by a panel of clear plastic which shall also reduce glare.
D. Under normal operations when the farebox is static, the bus operator information display shall be
extinguished to preserve its operating life. It shall be active when it is required to display operational
information, when the bus operator inputs data, and when a given push -button is depressed.
Alternatively, County may elect to have this display show the current time when the farebox is static, the
time being extinguished when it is necessary for the display to provide information.
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E. The bus operator information display shall indicate to the bus operator the status of any ongoing
transaction and other information pertinent to the operation of the farebox, including:
1. The amount of money inserted into the farebox in the form of coins and bills and the fare due.
2. The current function of the soft (programmable) function keys.
3. The function of a given button on the keypad when that button is depressed.
4. Confirmation for any bus operator input information.
5. Bus operator sign -on and sign -off prompts.
6. Upon completion of the farebox "boot sequence' the farebox shall be required to be set with'Fareset'
for the run.
F. As coins and bills are validated, this display shall count upward, reflecting the amount of money
inserted. If a preset fare is used, when the full fare is reached, or when the bus operator presses a button
indicating acceptance of a reduced fare (student, senior, etc.), a tone shall sound, and the display shall
automatically subtract the proper fare from the amount on the information display and display the
remainder.
G. If a transaction is not completed, the bus operator information display shall be automatically reset after
the last coin /bill has been validated based on the duration of the user settable timer. This timer shall
permit County to set the display clear time from zero (0) to sixty (60) seconds in one (1) second
increments. Any remaining value displayed shall be added to the "unclassified revenue" data register. It
shall be possible for the bus operator to delay resetting by pushing a designated "hold" button which
shall reset the timer to zero.
H. The OCU if other than a full context touch screen shall have a minimum of twenty (20) pushbuttons,
including digits 0 through 9, ENTER, CANCEL, and user - definable function keys. All bus operator
pushbuttons shall be fully programmable, shall provide tactile and audio feedback and shall be sealed
against the intrusion of liquids and other foreign material.
I. The OCU touchscreen keypad shall enable the bus operator to classify reduced or special fares and
perform all other on -board tasks connected with the operation of the farebox in revenue service.
J. Each of the classification buttons on the keypad shall be capable of being programmed to:
1. Register a specific value ($0.01 to $99.99) with the option to also record the fare in the designated
category with the option to reset the register display to "0.00."
2. Increment a zero -value tally counter.
3. Be disabled (nonfunctional).
K. The fare values assigned to each classification button shall be individually programmable for each fareset.
The values assigned to these buttons will be changeable in a matrix format; that is, each preset activated
by the bus operator may have a different value assigned, depending on the fareset and requirements of
County. This matrix shall be stored in the non - volatile memory of the farebox, and shall be changeable
only via the means outlined in these specifications.
L. Each time a button is activated, the bus operator's information display shall indicate the key number
pressed and show the value assigned. Cash fare registration pushbuttons shall be able to be activated
prior to, during, or after the validation of money in the farebox to obtain the proper farebox setting.
Pushbutton keys used as tally counters shall require no money to be inserted to obtain a count. Each time
a pushbutton is pressed in the proper manner, a tone shall sound, indicating that a count has been made
in the corresponding farebox data register. Individual pushbuttons shall also be able to be deactivated
and these shall have no effect on the registration of fares or tally count by the farebox.
M. The farebox logic shall provide for the storage of entered log -on information including route number,
run number, trip number, fareset, and bus operator number into the farebox memory. This shall be
accomplished using the trail of the identity of the bus operator and other log -on information for later
transmission to the FCMRS upon probing.
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N. A farebox that has gone into the "Idle" mode shall remain in that mode until the Avail System (or the
bus operator in backup mode) has logged -on to the farebox.
O. Log -off from the farebox shall occur in four (3) ways:
1. Bus operator sign -off via the CCU
2. Automatic time -out log -off (based on a preset time period of farebox inactivity).
3. Automatic log -off following data transfer
After log -off of the farebox by any method, a message shall be immediately forwarded to the CCU and
the CCU and other displays shall be placed in the idle mode. This shall include those occasions when a
bus operator prematurely signs -off the farebox.
P. All push - buttons shall be of sealed construction to prevent entry of foreign material which might degrade
performance. Design of the buttons shall provide a tactile indication to the bus operator that electric
contact has been made.
Q. It shall not be possible to program the farebox with information that would normally be transferred from
the FCMRS by using the CCU.
R. A bus operator actuated function, shall be used for the purpose of displaying the contents of various
information registers on the CCU. These registers shall be user definable via the FCMRS and their
display shall be password protected.
4.5 Customer Information Display
A. The customer information display unit shall be provided in the form of a 2 -line (minimum) 20- character
alphanumeric back lit LED or CAT - approved equivalent. The back lighting shall provide for adjustable
intensity to provide clear visibility in bright lighted conditions and during night operations.
B. The display shall be positioned on the farebox facing the boarding customers approaching the farebox.
C. Under normal operations when the farebox is static, the customer information display shall be
extinguished to preserve its operating life. It shall be active when: a coin, bill, magnetically encoded
pass or a token is processed by the farebox and when the bus operator classifies a fare. In addition
County shall have the ability to program a message on the display (e.g., "Welcome Aboard ") rather
than have the display inactive.
D. The display shall be able to show the full ASCII character set.
E. The customer information display shall indicate specific messages programmable by County through
the FCMRS relative to use including:
1. Validity (for passes)
2. Amount deducted and remaining value to be deposited by the customer
3. Remaining value for stored value based farecards
4. Cash inserted in the farebox
5. Amount due
6. Farecard step -by -step loading instructions (i.e., for adding stored value to an existing farecard)
F. The customer information display shall provide displayed messages programmable by County through
the FCMRS to the customer for selected fare media processing difficulties including:
1. Card misread (applies to farecards used in the TPU or the MSR)
2. Insufficient value remaining
3. Invalid card (including bad card list match)
4. Fare media expired
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G. When a cash transaction is initiated, the display shall show the amount deposited and the amount of the
fare. When a magnetically- encoded card is read using the TPU or MSR, the display shall show relevant
information such as:
1. Expired or Invalid
2. Please Try Again
3. Value remaining
4. Amount due (if no remaining value on farecard)
H. Information on the operation of the customer information display and all such conditions sensed,
reported and displayed shall be provided at the PDR.
4.6 Audible Signals and Spoken Messages
A. The audio transducer shall be provided with a sound level of not less than 65 db at a nominal 12 volts
DC. The audio transducer shall sound the specified tone under the conditions stated below. A
minimum of three (3) clearly distinguishable tones shall be provided. Tones shall be programmable by
County through the FCMRS. Designation of initial tones for testing are provided below in parentheses.
1. The audio transducer shall sound each time a valid fare is inserted and registered (Tone 1).
2. The audio transducer shall sound a multiple signal when an invalid or expired fare medium is used
(Tone 2).
3. The audio transducer shall sound a multiple signal when a permit or reduced fare medium is used
(Tone 3).
4. The Audio transducer shall sound a multiple signal as acknowledgment that the bus operator has
completed the sign -on procedure and that the data has been received by the farebox (Tone 1).
5. The audio transducer shall sound a multiple signal as acknowledgment the data has been extracted
properly (Tone 1).
6. The audio transducer shall sound a multiple signal when a button unassigned to the active pre -set
is pressed (Tone 2)
B. The farebox shall also be capable of generating spoken messages using digitized human voice. It shall be
possible to enable and to disable the spoken messages via the FCMRS. Spoken messages shall be
triggered by County defined farebox operating conditions and include messages such as, "Transfer Not
Valid ", "Please Swipe Card Again', and "Please Insert Card Again."
County shall be able to choose from a list of standard and custom spoken messages and assign them to
the relevant functions by use of sound files located in a FCMRS data file.
4.7 Fare Structures
A. The fare collection system shall provide for no less than ten (10) individual fare tables that describe
separate fare structures.
B. It shall be possible for County to change the fare values in any fare table by means of data entered by
the FCMRS and the PDU, without the necessity of removing or replacing any of the farebox electronic
components.
C. Each fare table shall include all information required to provide for proper processing of the customers
based on County's fare structure and associated usage rules including: the base fare, the value of any
tokens, the valid customer categories plus their associated fares, day passes accepted, day passes issued
(plus appropriate charges), other passes accepted, and "cash drops" for other pass types.
D. Means shall be provided for the bus operator to switch between the fare tables at the start of a route and
during a run on certain routes, such as express services. The means shall not require any special
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components. The farebox shall only accept a valid fare table based upon the information downloaded to
the farebox from the FCMRS.
E. Upon completion of changing the fare table a "Change Fare Table" record shall be created defining the
new pre -set and a summary record shall be stored.
4.8 Fare System Presets
The farebox shall be capable of operating in two (2) distinct modes:
1. Preset fare mode
2. Manual mode (no preset fare)
A. In preset mode, the farebox shall count up and display the value of the inserted amount. When the
amount of the preset is reached, the farebox will automatically count the preset fare as one (1) adult
customer and decrease the register readout by the amount of the fare. The Bus operator may also press a
button to indicate that a fare classification other than the preset fare applies and the farebox will be
temporarily set to accept the alternate fare classification. When the proper fare is paid, the fare will be
counted and the register readout decreased by the amount of the fare classification. Any overpaid
balance shall remain displayed for a programmable time -out period and then return to zero unless
overridden by the Bus operator.
B. In manual mode, the farebox shall count up and display the value of the inserted amounts. When the
bus operator presses the category of fare, a unit count shall be added to a specific register representing
that fare category. The overpaid balance shall remain displayed for a programmable time -out period
and then return to zero unless overridden by the Bus operator.
C. In either case, the overpaid amount shall be able to be used toward an additional fare unless the bus
operator resets the register reading to $ 0.00.
F. The farebox shall have the ability to have a minimum of ten (10) preset amounts, programmed into the
electronic logic. A preset amount shall be between $0.05 and $19.95 in value.
4.9 Memory and Data Storage Requirements
A. The farebox shall have sufficient memory to store a minimum of 10,000 transaction records, 2,000
records (including time segment records) and 2,000 event /alarm records. This memory shall be backed
up with a redundant data module
B. The farebox shall be able to hold and support the volatile portion of the memory after being removed
from power for not less than fourteen (14) days after removed from a primary power source. Lead -acid
batteries, which may leak, shall not be used for this purpose.
C. Under no circumstances shall the failure of a battery corrupt the data or affect the ability of the farebox
to collect the proper fare, perform validation of coins and bill and other fare media or compromise any
security feature of the fare collection system. A message shall be provided using the OCU to notify the
bus operator of a low battery condition that will allow adequate time (at least twenty -four (24) hours of
operation) to replace the battery. A report shall also be made via FCMRS of low- battery condition.
D. Electronic logic incorporated in the farebox shall receive value signals from the coin unit, bill transport,
ticket processing unit and the swipe reader. The electronic logic shall accumulate and store the
amounts in an electronic register and such amounts shall be displayed on the OCU. The accumulated
fares shall advance revenue registers which shall accumulate the total value received by the farebox
since the farebox was last probed and the total value received by the farebox since installation or
clearing of the farebox memory. Totals shall be stored for all cash revenues and tally counts retained
for number of magnetic swipe cards read. Separate counts shall also be stored for each type of fare
media accepted.
E. A separate count shall be accumulated for all cash that is displayed on the CCU and not accounted for
via push button activation. All such revenue shall be included on an unclassified revenue register. A
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transaction record shall also be stored recording the amount dumped and the associated fareset
number. Each fareset shall be set to activate or deactivate this pushbutton.
F. Transaction Records
The following data shall be generated by and stored in the farebox and be available for the generation of
reports and queries when transferred to the FCMRS:
1. The fare collection system shall generate a transaction record for each customer processed which
shall be transferred to the FCMRS. Each transaction record shall be unique within the system. This
transaction record shall include the following information:
a) date and time of transaction
b) magnetic card serial number
c) bus number
d) farebox number
e) route number
f) run number
g) direction code
h) fareset number
i) trip number
j) customer type (adult, student, senior, etc.)
k) fare type - bus fare, transfer charge, short fare and overpayment
1) amount paid
m) method of payment
n) cash denominations and quantities
o) expiration date
p) transaction number
q) service type; local, express and special run
2. The fare collection system shall generate a transaction record for each vaulting and wireless data
communications incident.
3. The fare collection system shall generate a transaction record for each bus operator log -on and log -
off by any of the four (4) methods described in this specification.
4. The fare collection system shall generate a transaction record for each event sensed by the farebox.
5. The fare collection system shall generate a transaction record for each alarm initiated. This
information shall be stored in a separate security file, access to which shall be protected by security
password.
6. The fare collection system shall generate the transaction records necessary to provide the
maintenance information.
7. The fare collection system shall generate a transaction record whenever any of the following events
takes place:
a) The bus operator log -on operation is altered.
b) When a route /run record is recorded.
c) Midnight and other date /time changes
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d) The farebox is placed in bypass
e) The farebox is removed from bypass
f) The cashbox is removed (cashbox number shall be saved)
g) The cashbox is inserted (cashbox number shall be saved)
h) The cashbox access door is closed after a time -out period of five (5) minutes (this period to be
FCMRS settable as an operations parameter)
i) The cashbox access door is opened at other than the time of normal data probing
j) The cashbox access door is closed at other than the time of normal data probing
k) The farebox data transfer starts
1) The farebox data transfer ends
m) The farebox internal clock fails
n) The record storage is about to overflow
o) Changing from one (1) pre -set to another
p) All payment transactions, including the value of coins and the value of bills
q) All ridership registration transactions
r) Farebox power off
s) Farebox power on
t) Bus operator log -on
u) Bus operator log off
v) Unsuccessful data transfer
w) Successful download of farebox configuration data
x) Unsuccessful download of farebox configuration data
y) Farebox errors and failures
z) Security errors and intrusions
aa) Coin jams
bb) Clearance of coin jams
cc) Bill jams
dd) Clearance of bill jams
ee) New fare table selected
ff) Farebox percentage full (settable threshold of 50 -100 %) for coin
gg) Farebox percentage full (settable threshold of 50 -100 %) for currency
G. Time Synchronization
1. The farebox shall contain a real time clock which shall store the time that will be used for printing;
recording; validating; time and date stamping of transactional data, and fare media; for display of
transaction records on the CCU; and as part of bus operator and customer information. This clock
shall record and display hours, minutes, seconds and date in appropriate formats. This clock shall
be capable of being reset to the correct time automatically upon log -on and each time data is
transmitted from the farebox and shall be accurate to within one (1) minute per year.
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2. The Fare Collection System shall have its own time synchronization function through the County
LAN to the FCMRS clock for standalone operation. In this mode synchronization of the computers
to the LAN shall be performed at least once every twenty -four (24) hours, and synchronization to
the farebox will occur when the farebox is probed by the FCMRS,
J. Time Segment Records
1. All fareboxes shall be provided means to permit the bus operator to make a "summary count
record" within the farebox memory. This function shall provide means to aggregate data for a
segment of a route to, for example, gather number of boarding customers at a user specified
interval. The default period for the time records shall be fifteen (15) minute summaries.
2. The memory capacity of the segmenter shall be suitable to compile a minimum of 2,000 records (as
a part of the total number of records) per farebox vaulting.
3. The information stored in the segmenter shall not be accessed through the bus operator's
information display, but shall be stored and transferred to the FCMRS. Once stored in the farebox,
data shall not be available to the bus operator for editing in any fashion.
4. To create a "record ", the bus operator shall press specific buttons in a prescribed sequence. The
information display shall confirm this by showing the words "Make Summary Record ". The bus
operator shall then be required to confirm or cancel.
5. In addition, County may elect to have a summary record initiated automatically at set intervals
based on the real time clock in the farebox. These intervals may be every ten minutes, every fifteen
minutes or every twenty minutes or more as required by County. This feature shall be set to be
activated by downloading from the FCMRS.
6. A summary record shall be created with a special code indicating the type of event that took place,
e.g. bus operator initiated, automatic based on time, farebox placed in bypass, etc., and this shall be
reported in the data system when the appropriate reports are accessed. The special code may be a
predetermined number not otherwise used by County.
K. Farebox Diagnostic and Operational Reporting
1. The farebox and its electronic logic shall be designed to provide the specified degree of operational
self testing, diagnostic operations, reporting and indication. These elements are required for
effective maintenance of the equipment, to provide audit trails to determine proper farebox
operation.
2. Indicator Lamps - A series of LED indicator lamps shall be provided which shall indicate to a
technician the proper operation of all of the major modules. An LED indicator shall be used to
indicate proper voltages from the main power supply.
3. Automatic Sequence Testing - The farebox logic shall be designed to provide an automatic sequence
testing of each of the major operational assemblies. The automatic sequencing shall be initiated by
the insertion of a "test plug" or USB stick or other approved means, thereby placing the farebox in a
"test mode ". Each assembly shall be caused to fully operate a minimum of four (4) times during the
automatic sequence. The sequence shall continue for an indefinite period until stopped by external
intervention. The amount of time during which the testing sequences was run shall be recorded by
the farebox in terms of minutes and seconds. This time shall be available for display on the OCU.
4. Coin /Bill Totals - The farebox logic shall provide specific counts of individual coin and token types
by quantity. This is above and in addition to the requirements for accumulating value, as described
elsewhere in these specifications. The farebox shall also provide a unit count of the quantity of bills
processed by denomination. The farebox shall also provide total counts of all coins processed and
all bills processed. These counts shall also be used for preventative maintenance and audit purposes
and as a second determinant of validation factors associated with each farebox coin unit and bill
transport.
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5. Power Supply Monitoring. The farebox shall monitor and report the number of times the primary
power source has gone to zero (0) volts and back to normal. This serves to indicate an intermittent
power line or poor ground connection or faulty switches. The farebox shall also monitor and report
the number of times the power supply drops below the minimum voltage, but not to zero (0). This
is indicative of a heavy load on the bus electrical system or a possibly defective bus battery cell.
These counts shall be reported through the data reporting system.
6. Security Door /Cashbox Alarms - The farebox shall be provided with a sensing device capable of
monitoring real time and the length of time that the cashbox security door is open. If the door is
open for longer than three (3) minutes (programmable), an alarm signal shall be transmitted to the
data storage within the farebox memory. The real time at which this alarm was sensed along with
the length of time the door was open shall also be stored in memory. The next time the farebox is
probed, the transmission shall contain a "security door alarm ", indicating the time of the alarm, the
length of time the door was open, and how much revenue was in the farebox at the time of the
alarm. The farebox shall be provided with a sensing device capable of monitoring the presence of a
cashbox in the farebox. If a cashbox is removed at a time that varies by more than three (3) minutes
(programmable) from the time that the farebox is probed, a cashbox alarm shall be created and
stored in the farebox memory. The real time at which this alarm was sensed along with the length of
time the cashbox was not in place shall also be stored in memory. The next time the farebox is
probed, the transmission shall contain a "cashbox alarm ", indicating the time of the alarm, the
length of time a cashbox was not in place in the farebox, and how much revenue was in the farebox
at the time of the alarm.
7. Cashbox Full Indicator - The farebox shall be provided with a visible indicator on the OCU to
prompt the bus operator when either the coin compartment or the bill compartment in the cashbox
reaches eighty percent (80 %) (programmable) of their respective capacities of coins or bills. The
indicator shall remain visible until the cashbox is extracted and the coin compartment and the bill
compartment registers are automatically set back to zero. The coin compartment and bill W
compartment amounts required to activate the visible indicator shall be programmable.
8. Farebox Reporting - All amounts, quantities, and other information developed as a consequence of
compliance with the requirements of these specifications shall be stored in the farebox memory and
shall be transmitted to the FCMRS for later report printing of the information for each farebox.
9. Maintenance Information - The farebox shall include resettable transaction counters that maintain
the number of payment cycles for the coin unit, bill transport, TPU, MSR and the entire farebox. The
individual transaction counters, as well as the farebox transaction counter shall be capable of being
reset by the technician whenever the module is removed for maintenance. This counter information
shall be stored within the farebox and transferred to the FCMRS upon data probing
10. Door Open - The farebox shall store an alarm transaction when one (1) of the doors on the farebox is
opened including the top cover, cashbox door and maintenance access doors. The cashbox alarm
shall be an audible alarm and alarm message only if the door is open for more than the user settable
period of time or if the door is opened without proper authorization. The alarm shall not sound and
the alarm message shall not be created in any other instance.
4.10 Cashbox Removal, Identification and Locking System
A. Cashbox Removal
1. The cashbox door shall be fitted with internal devices which shall only release and open the door
B. Cashbox Identification System
1. The farebox shall have the ability to automatically read a unique identification number of each
inserted cashbox. This serial number shall be a minimum of four (4) digits.
2. The means and methods employed shall not require electrical contacts, plugs or other physical
connections between the farebox and the cashbox.
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3. Readings shall be automatic, and the information relative to the serial number shall be stored in the
farebox memory for subsequent data transmission to the FCMRS. Only one (1) serial number record
shall be stored for each cashbox insertion and for each removal from the farebox and receiver.
4. If a battery is used in the cashbox, the system shall be designed such that the battery shall have a
minimum lifetime in this application of three (3) consecutive years and shall provide an advance
warning on the OCU and FCMRS sufficient to allow for battery replacement before battery failure.
C. Cashbox Door Locking System
1. The farebox shall incorporate within its logic elements, the ability to retain a specific code or other
secure means to release the cashbox door.
2. The action of closing the cashbox access door and holding it in the closed position for
approximately one -half (0.5) second shall cause the farebox mechanism to engage the door locking
pins and lock the cashbox access door. If the door is slammed, with rebound, the mechanism shall
not engage.
4.11 Magnetic Swipe Reader
Fareboxes shall be provided with an integrally mounted read only magnetic swipe reader (MSR) located on the
top surface of the farebox. The reader provides a longitudinal slot in which a magnetic card is manually
traversed past a read head.
A. Function
1. The MSR shall be able to accept magnetically encoded cards that have been previously encoded
with data such as date of expiration, type of service, conditions of use, serial number and other
information relative to its proper operation in revenue service. The farebox shall function to read
the information on the card(s) and determine whether the card is "valid" or "invalid" based upon
the preprogrammed parameters in the farebox as compared with the encoded information on the
card.
2. The MSR shall automatically process a correctly inserted, valid magnetic card in one -half (1/2)
second or less. The operation and usage of the MSR shall not impede customer boarding or flow in
any manner. Magnetic card insertion, swipe through and removal by the customer shall be in the
general flow of customers boarding the bus
3. Cards shall be read on first proper insertion with an accuracy of not less than 99.0 %, assuming each
card is valid, is fully inserted such that all coded information passes across the read head, and the
card is not damaged sufficient to destroy the ability of the MSR to correctly read the coded data.
4. If a card is not valid for the current class of service, the farebox shall display the amount to be
inserted by the customer. Additionally, the farebox shall accept and separately register additional
cash fare payments in accordance with the fare structure. Registration of additional cash fares shall
cause the card to be accepted without requiring the bus operator to push a button. This cash data
shall be accumulated in a separate register.
5. The card read head assembly shall be held in place by not more than two (2) readily accessible
fasteners. Electrical connections shall be plug -in and screw type connectors, or equivalent,
approved by County. A trained maintenance technician shall be able to replace the read head
assembly within five (5) minutes.
6. The MSR shall be capable of operating under the same environmental conditions as the fareboxes.
The MSR shall not encode any data on the card read but shall be a read -only device used for
reading information encoded on cards.
B. Visual and Audible Indicators
1. The OCU display shall allow the bus operator to monitor magnetic card activity as required,
indicating the type of transaction being conducted, any problems or other messages.
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2. In event of a challenge between the bus operator and customer regarding the use of magnetic card
or cash deposit, the bus operator may depress a button to retain the information on the OCU
display.
3. For each card accepted by the farebox as a valid fare the farebox shall sound a tone indicating that a
proper fare has been paid. A recognizably different tone shall be sounded in event the transaction is
refused by the farebox and the OCU and customer display shall indicate "INVALID" and additional
information to explain why
C. Passback Protection
1. Passback protection shall be provided as specified elsewhere in these specifications.
D. Data Encryption
2. Magnetic stripe data shall be encrypted to provide for data security. The security scheme used shall
be presented and explained at the PDR and finalized between the Contractor and County at CDR.
4.12 Magnetic Stripe Farecard Stock
A. The magnetic stripe farecards shall be the standard credit ticket size of 2 -1/8 inches by 3 -3/8 inches. The
magnetic stripe shall be 1/4" wide, located 3/8" from and parallel to one long edge. Manufacturing
specifications shall define farecards that are fully compatible with the farebox equipment.
B. All magnetic media shall utilize high coercivity magnetics of not less than 2,000 oersteds.
4.13 Interface For Connections To On -board Systems
The farebox shall be capable of connecting to other devices on the bus over industry standard interfaces
including SAE J- 1708/J -1587 and SAE J1939. These other devices include CAD /AVL system to be
installed by Avail Technologies. The on -board interface with Avail Technologies shall allow the
following:
1. Single -point operator logon (using operator ID and run ID) and logoff via MDC
2. Accepting run, route, trip and operator information provided by MDC
3. Sending farebox alarms to MDCs
4.14 System Security
A. The fare collection system shall incorporate the highest level of security in order to ensure that all
revenues inserted into the farebox are securely deposited into the cashbox. In addition, the system shall
provide for secure transportation and collection of all deposited funds from the time the cashbox is
removed from the farebox to the time the monies are counted.
B. The goal of the fare collection system is to provide for the secure collection and transfer of all deposited
revenues and to provide appropriate alarms under those circumstances when there is risk of revenue
leakage by means of data manipulation or by unauthorized access to the cashbox, including the
potential unauthorized use of keys during the revenue collection procedure.
A. The system security shall employ software controls, monitoring, security interlocks and other similar
subsystems and controls to achieve these goals to the highest degree. Hardware and /or software
security provisions shall be provided for the following:
1. Access to Cashbox Interior - Each cashbox shall be provided with a high security lock to inhibit
unauthorized access to the contents of the cashbox.
2. Access to the cashbox within the farebox shall require the downloading of data prior to unlocking
the cashbox access door. Download shall be via tethered probe or optional wireless means.
3. Access to the contents of the cashbox from the top of the farebox shall be prohibited when the cash
processing modules are properly in place. When these modules are removed or not installed
properly, an alarm message shall be created and transmitted via the Avail on -board system to the
central dispatch workstation.
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4. Unique alarms shall be created for the following events as a minimum:
a) When the cashbox emptying time exceeds a preset limit (settable from 5 seconds to 5
minutes in one (1) second increments).
b) When the top cover of the farebox is opened, whether in service or not.
c) When the cashbox access door is opened and when it is closed while in service.
d) When the time that the cashbox access door is open exceeds a preset limit specified
elsewhere herein.
4.15 Equipment Construction
A. This section describes the general constructional requirements to be included for the on -board fare
collection equipment.
1. Mechanical Details
a) The farebox and its mounting fixtures shall be constructed in a manner to discourage
vandalism and theft. Finishes shall resist corrosion, abrasion and scratching. All exterior
surfaces shall be clean with all corners rounded. There shall be no exposed bolt heads, nuts,
sharp edges or cracks on the outside surfaces.
b) The upper portion of the farebox shall be made of brushed or satin finish stainless steel, not
less than 14 gauge, suitably reinforced for rigidity, and with no external and /or removable
fasteners that provide access to the interior of the farebox. County will review other
revenue service - proven materials proposed to determine their suitability and provide the
appropriate approvals.
c) A top assembly shall be provided on the upper portion of the farebox which shall serve as
the bezels for the entry of coins and bills, the slot for the MSR and to provide primary
maintenance/ inspection access to the interior of the farebox. This assembly shall have two
(2) entry slots for cash, one (1) for coins and one (1) for bills. The top casting material shall
be aluminum or stainless steel, with minimum wall thickness of 1/8 inch and suitable
reinforcing ribs for added strength.
d) The coin slot shall be used to direct inserted coins into the farebox and shall be sized no
larger than a dollar coin. Its design shall be such as to deter the entry of paper and lint into
the coin slot and the formation of coin jams.
e) The bill slot shall have a protruding lip to assist in the sliding of the bill into the slot. The
casting shall be painted with black epoxy enamel or powder- coated, over a suitably cleaned
and primed surface. The surface of the casting shall be free of chips, blisters and other
imperfections which lead to chipping of paint or unattractive appearance.
f) The top casting shall have affixed to it, by means of high yield adhesive, multi -color decals
which indicate the function of the respective card, coin and bill slots and provide
instructive information as to their use. These decals shall utilize different colors than the top
casting and shall be subject to the approval of County.
g) The top assembly shall be secured to the farebox upper portion by means of a continuous
hinge and high security lock.
h) For maintenance purposes, additional maintenance access doors may be provided to permit
access to the interior of the farebox. If it is possible to get access to any revenue by opening
any maintenance access door or assembly, the operation of other maintenance access
door(s) shall be interdependent upon the authorized opening of the top assembly, with
interlocks provided to assure that these doors /panels are not left in the open position when
the top assembly is closed and locked.
i) The lower portion of the farebox shall be made of stainless steel. The material shall be not
less than 14 gauge, reinforced for rigidity. A revenue access door shall be provided to
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protect and conceal the cashbox within the farebox. This door shall have high strength
components to protect the cashbox from unauthorized entry including a high security
electronic lock mounted in a secure location. The farebox shall have a provision to allow
employees and managers to determine that the cashbox is present and open to receive
revenue. The design shall be such that there shall be no gaps allowing prying the door open
with tools, chiseling or other entry. Illegal entry shall be clearly indicated by noticeable
damage to the farebox and inability of the farebox to function.
j) Keys and /or locks which are "captive" to the lower portion of the farebox and used to
interface with the cashbox shall be securely fastened and shall be removable only in an
authorized manner. Guides shall be employed within the cashbox cavity to assure that the
cashbox is in alignment for proper operations. The cashbox door shall not close if the
cashbox is improperly aligned.
k) Wires and cables which are run through the lower portion of the farebox to the upper
portion shall be run in a protected channel and /or raceway. No wires shall be visible when
looking at the cashbox cavity.
1) A base plate shall be used, and shall be affixed to the lower portion of the farebox to permit
mounting to the bus floor. The dimensions and construction of this base plate shall provide
the necessary lateral stability, without secondary anchorages. The base plate shall be affixed
to the floor by means of "carriage bolts" from the interior of the bus, with the washer plates
and nuts on the underside of the floor. The base plate material shall be cast aluminum or
stainless steel, with reinforced metal deposits surrounding each bolt hole for maximum
strength. If a base plate is not used, the mounting of the farebox shall be by internal means
utilizing four (4) high yield bolts. The lower part of the farebox shall be suitably designed
and reinforced to prevent deformation or wear in service, oxidation, deterioration or
accumulation of tolerance which might allow the farebox to be subjected to increased
vibration, wear, metal fatigue or other degradation.
m) The upper and lower portions of the farebox shall each be securely fastened together by
means of high yield bolts, accessible from the interior of the farebox. The completed
assembly shall measure not less than thirty-one inches (31 "), and not more than forty-one
inches (41 ") high, as measured from the bus floor, and not more than eleven inches (11 ") in
cross section, excluding the mounting base plate. (In certain classes of buses, it may be
necessary to exceed this height to allow for comfortable operation of the farebox by the bus
operator. Such buses are to be identified by the Contractor, and the Contractor shall
propose an alternative means for mounting the farebox, which shall be subject to approval
by County prior to completion of the CDR.
n) The coin unit shall be modular in construction so as to be removable within one (1) minute
for inspection and /or replacement. The coin unit and any materials thereon shall be
fastened by mechanical devices. Adhesives requiring scraping and cleaning with solvents
shall not be used. The farebox shall have a guide chute integral to its construction to guide
the coins into the cashbox. There shall be no protrusions on which coins can snag, causing a
jam.
o) The bill transport shall be a self - contained module which may be removed and replaced. It
shall be built of reinforced materials for rigidity, provided with captive fasteners and be
self - aligning upon insertion. It shall be capable of being locked within the farebox. The
farebox shall have a guide plate integral to its construction to guide the bills into the
cashbox. There shall be no protrusions on which bills may snag, causing a jam.
p) All major subassembly modules shall have a unique serial number inscribed or
permanently applied. No two (2) serial numbers shall be the same on any two (2) modules
of any type. County shall be provided with a list of all serial numbers and the modules to
which they have been applied prior to installation of any item of equipment. Subassembly
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modules to which such numbers shall be applied shall include, but not be limited to, coin
unit, bill transport, electronic lock, cashbox, upper case, lower case, TPU and MSR.
q) Approvals shall be explicitly requested of County by the Contractor for use of any alternate
composition materials in place of materials specified herein. Any such approvals shall
include revenue service experience in similar conditions. Failure by the Contractor to
request the necessary approvals shall deem those not identified by the Contractor as
materials unacceptable for this project.
r) A baffle system in the coin chute shall be employed to prohibit access to or "fishing" of
coins from the cashbox upon removal of the coin unit from the farebox cabinet.
s) A baffle system or other mechanism shall be employed to prohibit access to or "fishing" of
bills from the cashbox upon removal of the bill transport from the farebox cabinet.
2. Electrical Details
a) The electrical termination of the farebox, for purposes of connecting it to a power source
shall be by means of a polarized, snap connect plug on the underside of the farebox.
b) The electronics shall be of the solid state type, assembled on reinforced printed circuit
boards. These boards shall be modular (plug connected) and removable for inspection
and /or maintenance. The components mounted on the board shall be soldered in place, or
for those items to be readily removed, high quality sockets with retainers shall be used.
c) All major electrical/ electronic subassemblies and devices shall be interconnected by means
of polarized positive plug connectors with self - locking retaining features to assure proper
connections and preclude intermittent performance due to poor contacts. All plug -in
components shall be retained with a positive force holding them in position to ensure they do
not work loose with the vibration that can be expected in the buses.
d) Wires and multi- conductor cables, where used, shall be color coded and /or marked to
permit positive identification. It shall not be possible to improperly insert a plug -in
component into a connector.
e) Display characters shall be of high intensity type viewable through a range of not less than
a sixty degree (600) arc when mounted within the farebox cabinet, and have a rated life of
not less than 10,000 hours of operation without segment failure.
f) Fuses, circuit breakers or other protective devices shall be employed to protect the
electronics, motors and other components from overload and damage. Where used, they
shall be accessible without disassembly of components. Location shall permit inspection
and /or replacement through normal maintenance access doors or panels.
g) A master "disconnect" switch shall be provided, internal to the farebox to disconnect the
farebox and OCU from the incoming power supply. This switch shall be identified and
marked, and be of the two (2) position type.
h) The farebox power supply shall be large enough to provide adequate power to the various
farebox components and provide additional power for the electronic memory, MSR, TPU
and OCU.
i) The complete loss of power to the farebox shall not cause any information or data contained
in electronic memory to be lost or altered. The electronic memory logic shall be capable of
maintaining electronic memory without bus power for a minimum of one (1) month
j) The farebox electronics and logic shall be protected against stray electro- magnetic
interference (EMI) radiations, vibrations, ultraviolet light, or other environmental
conditions which would cause the farebox to become inoperative and /or lose the data
contained therein
k) Where electronic circuit boards are employed and where they are to be inserted and /or
removed by means of board guides, they shall be provided with lifting tabs.
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1) All circuit boards shall be provided with polarized plug connectors. No harness wiring
shall be directly connected by means of solder to any board which shall be removed for
maintenance or inspection.
m) All circuit boards shall be factory pre- tested for a minimum of seventy -two (72) hours prior
to their final inspections within a given farebox.
n) All electronic displays shall be tested for all segment functions for a minimum of forty eight
(48) hours.
o) The arrangements of the electrical and electronic components shall be such as to permit
adequate ventilation to disperse the heat created and to preclude degradation of
components and performance.
p) Access to the electronics, power supplies, and other electrical components for maintenance,
replacement or repair shall not require the removal of the cashbox from the farebox or the
removal of the farebox from the bus.
q) The farebox circuits shall be designed to draw minimum power from the bus battery. The
farebox shall incorporate the following power levels:
• Normal operation during which time operating power required shall be five (5) amps
or less.
• Idle mode which shall be activated upon time out of the predetermined interval timer.
During the "Idle" mode the OCU shall provide a visible indicator, such as a blinking
character, and the coin and bill entry light shall remain illuminated. The farebox shall
be ready to collect revenue.
r) The above electrical requirements shall apply to all modules connected to or contained
within the farebox, including the TPU, MSR and OCU.
4.16 Cashbox Requirements
A. Physical Cashbox Criteria
1. The cashbox shall be made of plated or stainless steel, 20 gauge minimum. It shall be a welded
construction with no external fasteners exposed which affect security. Those areas of the cashbox
which come in direct contact with the farebox shall be abrasion resistant. Neither insertion into
and /or removal of the cashbox from the farebox in revenue service operations nor vibration or
shock experienced while the cashbox is in revenue service in the farebox, shall cause any distortion
of the cashbox material, which may adversely affect its ability to function properly. County will
review other revenue service - proven materials and designs proposed to determine their suitability
and provide the appropriate approvals.
2. The cashbox shall be constructed in a configuration to fit within the dimensions of the lower portion
of the farebox. The cashbox shall have two (2) individual separate compartments to receive and
retain coins and bills, each in their respective compartments.
3. The cashbox, when empty, shall weigh no more than twenty (20) pounds. It shall be provided with
a handle or handles to allow it to be safely carried by a person with gloved hands.
4. A permanent serial number shall be securely affixed to the cashbox where it will be visible when
the cashbox is in the farebox and the farebox door is closed and locked.
B. Coin Mix Definition
1. Whenever there is a reference to and /or requirement for "mixed coin ", the following mix of coins in
multiples or fractions shall be used:
C. Bill Mix Definition
Whenever there is a reference or requirement for "bill validation" the term shall refer to the
acceptance and condition of 100 bills in multiple or pro -rated quantities which are to be fed into the
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farebox in a flat, unfolded condition. For performance and testing purposes, the ability to accept
and validate the following mix of bills for each denomination shall be demonstrated at the First
Article Test: All bills shall be dry and not mended (not taped), and folds shall not exceed 1/16 of an
inch in diameter. The circulated and worn bills shall be drawn from the revenue collected by the
present County fareboxes as follows:
Coin Mix Definition
Penny
$0.01
100
$1.00
Nickel
$0.05
100
5.00
Dime
$0.10
250
25.00
Quarter
$0.25
240
60.00
Half Dollar
$0.50
2
1.00
SBA $1
$1.00
5
5.00
Sacagawea $1 Coin
$1.00
10
10.00
Total US Coin
5
707
$107.00
A. Cashbox Configuration
1. Cashboxes shall have the capacity to hold and completely transfer to a receiver vault $500 in mixed
coin and 700 bills in unfolded "street money" (not "brick" or mechanically stacked or compressed)
bills, or paper equivalent.
2. The operation of the cashbox shall be such that the cashbox is in a closed and locked condition
whenever the cashbox is removed from the farebox. When the cashbox is out of the farebox it shall
be able to be opened only with the valid revenue key.
3. The mechanism and operation of the cashbox shall be positive and at no time shall expose the
interior of the cashbox or any of its contents therein, during any portion of the collection or revenue
transfer cycle.
Bill Mix Definition
New, uncirculated bills:
No folds
5
1 fold halves
5
2 folds thirds
5
2 folds fourths
5
Circulated bills (not torn or limp):
No folds
10
1 fold halves
20
2 folds thirds
15
2 folds fourths
15
Worn bills (small tears and limp):
No folds
5
1 fold halves
5
2 folds thirds
5
2 folds fourths
5
4. The cashbox shall fit into the farebox only in a singularly correct position. The farebox shall remain
inoperable until the cashbox is inserted and ready to accept revenue, and the cashbox access door is
closed and locked.
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5. The cashbox shall not have removable lids, covers or other elements which may be detached from
the cashbox. The cashbox shall be automatically locked and sealed when removed from the farebox.
6. The locks (and keys) used on the cashbox shall be of the high security type as specified herein. The
operation of any keys within the locks shall not require excessive torque, which may damage either
the key or the lock.
7. The mechanism employed to open and /or close the cashbox shall be positive and smooth in
operation. Internal locking mechanisms shall be constructed of strong and durable materials. The
term "internal locking mechanisms" refers to all components, including levers, strokes, gears, pins,
locking feet and other elements that are required to release the cashbox from the farebox or to lock it
in place in the farebox. Aluminum or plastic components are examples of materials that shall not be
accepted.
8. The interior of the cashbox shall afford complete gravity discharge of coins and bills in the revenue
transfer cycle, while maintaining their separation. No ledge or other areas shall be present where
coins may lodge and impede the operation of the cashbox.
9. The materials and construction techniques shall be such that a fully loaded cashbox, if dropped in
the upright position to a hard floor and landing on its bottom or bottom corner from a height of
forty -eight inches (48 "), shall suffer no operational impediment or security breach. The farebox and
cashbox shall not be distorted when carrying a full revenue load.
10. Metal parts not constructed of stainless steel shall be painted, plated or constructed of corrosion
resistant material.
11. The farebox /cashbox shall be designed and fabricated in such a manner as to prevent extensive
tolerance buildup and resultant vibration which could be detrimental to the proper operations of
the farebox or cashbox in service.
12. The cashbox shall function in a dependable manner in the operating environment of the transit
system. It shall be capable of operation for two - thousand (2,000) days, mean time between failures.
B. Cashbox Construction
1. The cashbox and farebox shall be fitted with devices to determine and report that the cashbox has
been properly inserted into the farebox so as to allow the revenue access door to be fully closed and
locked plus the cashbox has been opened (in place) and is ready to receive revenue. The devices
used shall be tamper resistant, solid state and not subject to malfunction due to bus vibration.
C. Cashbox Identification
1. The cashbox shall provide the ability to automatically read and transmit a four (4) digit (minimum)
serial identification number of the inserted cashbox that shall be read by the farebox once the
cashbox is locked in the farebox.
END OF SECTION
V. REVENUE COLLECTION VAULT SYSTEM AND AUDIT UNIT
5.1 General and Equipment Configuration
A. The revenue collection vault system (RCVS) shall provide for the secure transfer of cashbox revenue
into revenue collection vaults.
B. The cashboxes shall be inserted into the cashbox receiver located above the revenue collection vault and
the cashboxes shall empty all of their contents into the vault.
C. The cashbox receiver and revenue collection vault shall be of heavy duty construction.
D. All openings and high wear areas shall be constructed to be durable and able to accommodate rough
handling.
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E. The system shall track the cashboxes that are emptied into the revenue collection vault and shall
provide means for the reconciliation of revenues collected.
F. The cashbox receiver components shall operate reliably and perform all functions without difficulty and
last a minimum of ten (10) years in the environmental conditions existing at the CAT facility. This shall
include moisture and wash water spray, humidity, airborne dust and bus exhaust, temperature
extremes, electromagnetic interference and grounding factors.
5.2 Cashbox Receiver
A. The cashbox receiver shall employ a door that is opened to receive the cashbox. After the cashbox is
inserted into the receiver in the correct orientation and the door is closed and locked, a crank or similar
mechanism shall be utilized to open and empty the cashboxes in a secure manner.
B. The receiver shall be interfaced to the FCMRS and shall read and report the cashbox serial number
automatically read from the cashbox. Cashbox serial number shall be forwarded to the FCMRS only if
the emptying cycle takes place and is successfully completed.
C. The cashbox receiver design shall provide a secure interlocking of shutters sealing off the receiver from
the revenue collection vault's bill and coin storage areas such that access is prevented to these areas
when: (1) the door is open and, (2) there is no cashbox within the receiver.
D. The emptying mechanism shall not be able to be turned partially and returned to the starting position.
When the cashbox is inserted, it shall be required to fully complete the emptying cycle before the
cashbox can be removed.
E. The emptying cycle shall be completed and the cashbox lid closed and locked before the cashbox
receiver door shall be able to be opened.
F. The cashbox receiver shall incorporate three (3) indicators to visually identify the current status of the
cashbox receiver
1. One (1) indicator that the emptying cycle is taking place
2. One (1) indicating that the cycle is completed.
3. One (1) indicating that the receiver bin is full or not in place and the door shall not open.
G. The cashbox receiver shall only operate - door close, perform emptying cycle, door re -open - when a
cashbox is placed properly and securely within the receiver. If a cashbox is not properly in place, the
door shall not close and the emptying cycle shall not commence.
H. The emptying cycle shall be completed in no more than ten (10) seconds to completely empty the full
cashbox.
I. The openings into which the cashboxes are inserted shall be constructed of materials able to sustain
high wear resistance and shall be durable under rough handling.
J. The cashbox receiver shall be protected by a door to deny access to the receiver opening and shall
provide manual locking means for security purposes when the receiver is not being employed for
revenue servicing.
K. Keys and locks which are retained in the receiver lock cylinder and used to interface with the cashbox
shall be securely fastened and shall be accessible and removable only in an authorized manner.
L. Guides shall be employed within the receiver cavity to assure that the cashbox is in alignment for
proper operation.
5.3 Revenue Collection Vault
A. The design of the revenue collection vault shall take into consideration strength and security
requirements so as to resist forced and unauthorized entries.
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5.5
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B. The openings in the receiver into which the revenue collection vaults are inserted shall be constructed of
materials able to sustain high wear resistance and shall be durable under rough handling. The lower
portion of the receiver shall have steel guides, constructed of durable steel, to properly position the
vault below the receiver.
C. The cashbox receiver shall be protected by a door to deny access to the receiver opening and shall
provide manual locking means for security purposes when the receiver is not being employed for
revenue servicing.
D. Hinges shall not be exposed and there shall be no pry points available for forced entry.
E. The vault shall contain two (2) storage areas:
1. Coins shall be stored in one (1) area with a capacity of $10,000 in mixed coins. Coins shall be stored
in a sealed compartment within the vault cabinet with a high security locked access cover that is
designed to facilitate the controlled release of coins directly into the coin counting machine. The
coin compartment shall have a smooth sloped bottom to allow the coins to discharge under gravity.
2. Bills shall be stored in a separate area with a capacity of 10,000 bills. Bills shall be stored in a
removable bin completely within the vault cabinet and locked in place with a separate high security
lock. A method shall be provided for easily removing collected currency from the revenue bin when
this function is performed in a secure location.
F. High security looks and an interlocking mechanism shall be employed to provide access to the receiver
for maintenance purposes.
Audit Unit
A. An audit unit shall be provided to permit the emptying of a single cashbox for audit purposes.
B. The audit unit shall weigh not more than 200 pounds when empty and shall be mounted on wheels to
permit ease of movement. The top portion of the audit unit shall incorporate a cashbox receiver to accept
cashboxes for emptying.
C. The audit unit shall contain two (2) compartments - one (1) for coins and one (1) for bills. The audit unit
shall have capacity of not less than 1,000 bills and $1,000 in mixed coins.
D. The audit unit shall be a stand -alone unit and shall not communicate with the FCMRS, unless so
designed to improve the security of the cash handling procedure.
Locks and Keys
A. All locks and keys used on the farebox and the revenue collection equipment shall be of the security
type, Medeco or approved equivalent. Lock combinations and keys for all identical functions shall be
keyed alike. Different combinations shall be provided for each function as detailed in the following
table, where locks that are keyed alike have the same key type letter. All keys and spare locks shall be
delivered to the CAT General Manager.
Lock Location
Key Type
Retentive
Receiver Mobile Vault Cover Door
A
Yes
Receiver Door
B
No
Receiver Service Doors
C
Yes
Receiver Service Door Rear
C
Yes
Farebox Cashbox Revenue Access
D
Yes
Farebox Top and Maintenance Access Doors
E
No
Mobile Vault Coin Compartment
F
Yes
Mobile Vault Banknote Compartment
F
Yes
Audit Receiver
F
Yes
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Cashbox receivers shall open the cashboxes via a cashbox key mounted in the back wall of the cashbox
receptacle. Cashboxes secured within a farebox shall open via a cashbox key mounted in the back wall
of the cashbox receptacle in the lower portion of the farebox. The cashbox shall only be able to be
inserted in a singularly correct position in the farebox and cashbox receiver, and shall easily be placed
into the ready position to transfer revenues. The cashbox insertion and removal procedure shall be
designed to positively guide the cashbox into and out of the farebox and cashbox receiver.
END OF SECTION
VI. FARE COLLECTION MANAGEMENT AND REPORTING SYSTEM
6.1 General System Description
A. General
The Contractor shall host the FCMRS at its facility (please see Sections 2.1 and 5.1 [C]) for hosting
requirements). The FCMRS shall communicate with the fareboxes to extract transaction and event data
and download operating parameters and related information. The FCMRS shall communicate with the
vault to extract cashbox identification from cashboxes inserted in the receiver. The FCMRS shall be
complete and fully functional, with all necessary items of hardware and software installed and tested,
and shall be furnished with such software licenses as may be required. The FCMRS shall include data
probes linked to the database server identified in section C. The FCMRS shall be capable of generating
comprehensive management reports for use by County.
B. Application/ Database Server Hardware Requirements- Proposers shall describe the infrastructure to be
used for hosting FCMRS for County. Please refer to the Appendix section for general IT requirements.
Further specific requirements regarding the FCMRS application are as follows:
1. Workstation Connectivity to the Application/ Database Server -- The FCMRS application (including
configurable security levels allowing full functional configuration ability and reporting) shall be
accessible from existing computer County CAT workstations via a secured web -based interface
(e.g., via Hypertext Transfer Protocol Secure [HTTPS]) and /or a client /server type configuration
over secured network connection (e.g., web access via virtual private network [VPN]) which is
compliant with County's IT requirements provided in the Appendix section. The vendor will train
County to configure and support FCMRS access on County CAT workstations. Further, County
shall be able to use currently installed network printers for printing information from FCMRS.
2. Operation of the computer to generate data system reports shall not prevent probing of the
fareboxes. The hard disk drive shall be capable of storing all of the data from up to 50 fareboxes
with maximum route /run records. As new farebox records are added, the oldest records on the
disk drive shall be automatically deleted. County shall be able to specify how many days of detailed
data and months of summary data shall be saved.
3. The FCMRS shall be written in a standard, commonly available computer language not proprietary
to this application. All communications shall be accomplished using standard networking protocols
and hardware. The FCMRS shall utilize a relational database management system (RDMBS) [e.g.,
Microsoft SQL Server] which shall provide open database connectivity (ODBC) capability to third
party tools/ applications for custom reporting or other purposes.
4. The FCMRS server shall be installed with redundant power supply and hard -drive configurations.
Further, the FCMRS application shall be hosted in a high - availability configuration such that a
secondary instance of FCMRS is immediately available to County in the event the primary FCMRS
application fails. All data must be protected in the FCMRS database in the event of an application
crash.
C. System Operation -- The data collection and reporting system shall be configured in the following
manner:
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1. Farebox Data Probing -- The farebox shall have a data port located in a convenient, unobstructed
location on the upper section of the farebox as indicated herein. The farebox data transmission
circuitry shall be continuously active and looking for a data probe. When a data probe is engaged
with the farebox, communication with the data computer shall be immediately established and
transmission of data shall commence. When data transmission is complete (typically within a few
seconds), the indicator lamp on the data probe shall glow steadily and the farebox shall emit an
audible sound. The transmitted data shall be immediately buffered in the data computer where it
shall be checked for validity. The master list totals from the farebox shall be added to the
cumulative registers within the data computer.
2. Computer Operations -- If the data computer had been previously shut off, it shall automatically
load the proper software upon power up and prepare itself to process data without further
attention from the operator. The data system shall then be left for automatic operation. The
password used to get access to the application menu shall be changeable by means of a higher level
password.
The system shall have the capability of recording and reporting, upon interrogation by a user with a
high level password, all uses of passwords for the previous 60 day period, the date and time of
password use, the amount of time the system was in use with the password, and what reports or
other functions were accessed. If it becomes necessary to change the high level password in the
computer for security or operational reasons, it shall be readily accomplished via the operator
keyboard. It shall be possible to use the data computer to change the fare tables in all fareboxes
probed at the garage. These changes shall include the full fare value and the values and function of
each driver pushbutton. In addition, the time of day shall be transmitted to correct the farebox clock
if required. At County's discretion, changes to the fare tables and farebox clock shall be
downloaded to each farebox automatically during routine probing. All operator entries shall go into
a transaction log capable of being printed on demand.
Software shall be available in the data system to allow backup and retrieval of files. Software shall
be available in the data system to allow archiving of transactional data as needed.
3. Access to Computer Reports -- Both summary and detailed farebox data shall be stored on a
password - protected database server to ensure that the original revenue and ridership data cannot
be modified. This data shall be capable of being converted to a comma - delimited ASCII file format
for export to third -party software. Software shall be available in the data system to allow backup
and retrieval of files.
The data system shall have multitasking capability and shall be able to accommodate probing,
report generation, and other tasks simultaneously. Lockup of one task shall have no effect on
concurrent tasks. Data probing shall not be slowed due to operation of concurrent tasks.
4. Fare Table -- The data system shall have the capability of changing the fare tables in the fareboxes
per the procedure previously described. Each fare table assigns the value of a full fare as well as any
reduced fares (student, elderly, etc.). Each individual fare amount may be between $0.01 and $99.99.
It shall be possible to change the values through the farebox keypad or data system without
removing or replacing any of the farebox electronic components. In addition, the following shall be
transmittable:
a) Current time and date (any valid time and date)
b) Electronic lock code (any five digit number)
c) Start/ stop times for AM and PM peak periods
d) Keypad attributes (tally, tally /clear display, and value increments from 0.01 to 99.99)
e) Fare table store option (the data system should transmit the fare structure to each farebox
probed)
f) Lock code action (the farebox should unlock the cashbox access door upon probing)
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g) Transfer acceptance parameters
h) Tickets /Tokens /Passes acceptance parameters and other attributes
5. Configurable Parameters
The data system shall have the ability to enable or disable various functions such as ticket types, or
other designated parameters as previously defined in this document.
6.2 Standard Reports
The following standard reports, at a minimum, shall be available from the data system. All reports shall
carry the CAT name, the date or period for which data is reported, and the date on which the report
was generated and printed by the system. All reports shall be generated through "user friendly" menu -
driven software.
A. Individual Farebox /Bus Reports
1. For individual farebox reports, the printed report shall show the following categories of data at
minimum:
• Current revenue (since last probing)
• To -date revenue
• Unclassified revenue
• Total full fare riders (ridership data shall be supplied for each fare table in use)
• Total number of riders at each fare level
• Tickets /Tokens /Passes
• Total tokens
• Total stored ride /value cards
• Total passes
• Total bills
• Total coins by denomination
• Technical Maintenance Reports
• Bus Farebox Maintenance History
2. The first line of each individual farebox report (the "master list ") shall indicate the date and time of
day the farebox was probed and the bus number and farebox number. Cumulative totals for the
activity of that farebox between probings shall be printed, corresponding to the column headings.
3. Trip -by -trip route /run data lists shall be printed next, following printing of the master list. Each
route /run record shall be printed in the order in which it was created, along with notations of
driver or route number(s) and the time the record was created. It shall be possible to transcribe this
data from hard disk to other electronic storage medium for archiving or analysis purposes.
B. Daily Summary Report
1. The daily summary report shall be printable, on request, at the end of the operating day. County
shall have the ability to designate the end of the operating day as any time from 12:00 A.M. to 5:00
A.M. so that all buses that have operated on a given day shall be accounted for, regardless of
whether they are probed after midnight. The daily summary report shall contain the same data
categories listed above, less any that may be inactive or suppressed. Summary totals from master
lists from all fareboxes probed that day shall be provided. Route /run data shall not be provided.
2. The full matrix of fare tables (excluding any inactive or suppressed tables) shall be printed showing
the cumulative total ridership in each cell of the matrix. The daily summary report shall also
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provide a report of total daily ridership. The daily summary report shall print a summary of the
data from the exception report, indicating the total number of buses probed and not probed,
security door and cashbox alarms, bypass alarms, maintenance required (including power supply),
memory cleared, unknown driver, unknown bus, unknown route, unknown run and other
anomalous data from the exception report. A list of the buses not probed, by bus number, shall also
be printed.
C. Periodic Summary Reports
The data system shall have the ability to generate summary reports for specific periods, as follows:
1. Montlily Summary Report: This report shall summarize all activity fleetwide for a given month.
Monthly summary information can be saved for up to 128 months. Totals shall be given for all
active pre -sets and keys, revenue, tokens, bills, fare document types, etc., by day and totaled for the
month. It shall be possible to print bar charts giving total revenue by date and total ridership by
date.
2. Annual Summary Report: This report shall summarize the information given in the monthly
summary report and give totals by week, quarter and year to date. It shall be possible to show each
value of revenue, pre -set and key plotted by week in a separate bar chart.
3. Daily Route Summary Report: This report shall summarize all totals by route for a given day
fleetwide.
4. Montl2ly Route Summary Report: This report shall summarize all totals by route for an entire month
5. Route /Sum Report: This report shall allow data daily or over a period of time to be sorted first by
route, then by run, or by time /date. Ridership shall also be calculated and printed. For each route
printed, the number of route run records included in the summary shall be indicated. The data in
the route /run reports shall be based on when the route /run record was actually created (actual
date and time), regardless of when the bus was probed.
D. Exception Report
1. It shall be possible to generate a daily exception report listing operator entry errors (invalid route,
run driver or trip numbers) as validated against lists of valid numbers maintained by the data
system.
2. Security Reports
The data system shall have the ability to generate security reports, which shall indicate all cashbox,
door open and memory clear alarms. For each alarm, the time of day and the bus number shall be
indicated. For the security door and cashbox alarms, the report shall also indicate the amount of
revenue that was in the cashbox at the time the alarm was generated.
3. Editing Data
It shall be possible to edit data in the data system in restricted ways. In order to preserve the
security of the data system, only operator entries (route, run, driver and trip numbers) shall be
changeable.
4. Transaction Log
A transaction log shall be maintained in the data system computer. The transaction log shall
maintain a record of all uses of passwords to access reports, the reports accessed, the time of log on
and log off, etc. In particular, all editing of data in the system shall be recorded in the transaction
log. The transaction log shall maintain this information for a minimum of 60 days. It is not to be
subject to editing by users through any Contractor data system software.
6.3 Transactional Database and Reporting
A. The farebox and data system shall be equipped with the software necessary to support a transactional
database in which selected farebox transactions and /or events shall be individually time - stamped and
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recorded in farebox memory for uploading to the data system during routine probing. At the option of
County, the transactional database shall be capable of recording:
1. Events only (e.g., farebox probed, cashbox door open, route /run record created)
2. Events and non -cash fare transactions
3. Events and both cash and non -cash fare transactions.
B. The transactional database shall have the ability to capture the serial number of the card used in each
transaction and report it to the data reporting system. It shall be possible to track all uses of a given
card, category of card, or employer account for any time period, route, etc. This information may be
used for audit and security purposes, especially where high -value cards or credit card acceptance is
implemented.
C. Each transaction shall be individually recorded in such a way that it is possible to determine day, time,
route, run, latitude, longitude and stop ID for each fare paid.
D. The transactional database shall be in a format that allows interfacing to the ODBC (Open Data Base
Connectivity) standard, thereby making it possible to work with the database using ODBC- compliant
third -party query and report generation tools.
E. To maintain the security of the database, all database transactions shall be logged. Data shall be stored
in a format that is not alterable by general database tools. The software driver for the ODBC interface
shall be configured in read -only mode and shall not allow the user to modify revenue data directly.
F. The transactional database shall be capable of storing the following types of transactions:
1. Cash fare; includes fare type (full fare or pushbutton), plus time (minutes and seconds), latitude,
longitude
2. Period pass; includes serial number, time, latitude, longitude
3. Stored value card; fare deducted, remaining value, serial number, time, latitude, longitude
4. Stored ride card; remaining rides, serial number, time, latitude, longitude
5. Transfer accepted; Route, direction, serial number, time, latitude, longitude
6. Transfer issued; Key used to issue, time, latitude, longitude
7. Non - magnetic ticket or token processed; time, latitude, longitude
8. Credit & Debit Cards; latitude, longitude
9. 3rd party ID cards (e.g., a college ID card); latitude, longitude
G. For period pass transactions, the database shall be capable of storing the following information at
minimum:
1. Pass serial number
2. Pass type
3. Passenger category
4. Employer account number if applicable
H. Other data fields shall be provided to permit recording of peak /off -peak usage.
END OF SECTION
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VII SUPPORT SYSTEM EQUIPMENT
7.1 Portable Data Unit
A. A Portable Data Unit (PDU) shall be provided to collect data from fareboxes and transfer the data to the
FCMRS. The PDU shall utilize the same data transfer method as that provided for the rest of the system.
B. When powered -up the PDU shall display a log -on screen. Following successful log -on, the user shall be
permitted to select one (1) of the following functions, as a minimum, with selection 1" highlighted as
the default:
1. Probe farebox.
2. Review last data.
3. Use PDU Utilities.
4. Read farebox data.
5. Log -off.
C. Using the same security methodology as the data transfer method described above, the PDU shall
extract all stored data from a single farebox in no more than twenty -five (25) seconds and store the
information on the PDU hard drive. As a default, each time the PDU is used to probe a farebox, the
farebox data shall be reset (selection "1" above). Reading the farebox data without resetting or deleting
the stored farebox data (selection "4" above) shall require access via a password separate from the user's
standard log on password.
D. The PDU shall cause the farebox to increment the non - resettable PDU counter to be incremented each
time the PDU is used to download the farebox data. A similar register shall be provided to indicate the
number of times that the PDU has been used to read data from a farebox.
E. An event record, which includes the serial number of the PDU, plus date and time, shall also be stored
in the farebox each time the PDU is used to download farebox data. A similar event record shall be
generated each time the PDU is used to read data from a farebox.
F. The FCMRS shall provide for ease of upload of data from the PDU to the FCMRS. This data transfer
method shall be approved by County.
7.2 Revenue Processing Terminal
A. A method for revenue tracking shall be furnished to provide County with the ability to track all
revenues received and reconcile the registered revenues against the counted revenues on a vault basis.
For this system, a terminal shall be provided in the Money Room supervisor's office interfaced to the
FCMRS for transfer of the manually entered count data.
B. The Money Room supervisor will sign on to the terminal to enter the count information. The date, vault
location and vault number shall be entered into the terminal. The counts from the bill and coin counting
equipment shall be entered into the record and the record shall be closed when all fields have been
populated.
C. Entry of the count information shall be via a form data entry interface, with the cursor automatically
moving to the next field after a value has been entered into a field. When all fields are completed, the
record shall be automatically closed and modifications to that record shall not be possible by a revenue
operator.
D. The counts for each denomination of bill and coin obtained from the counting equipment shall be
entered via the terminal. Fields for manual counts of coins and bills shall be provided and data
separately entered to account for money not processed in the counting equipment. This information
shall be subsequently used to obtain the difference between the Money Room counts and the registered
counts provided by the fareboxes, on a money reconciliation report. This information shall not be
displayed to the revenue operator.
E. An authorized County user shall be able to add the deposit information to this reconciliation record.
The user shall enter the information from the bank deposit slip, and the day or days for which the
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deposit applies. The system shall calculate the difference in the revenue counted by the fareboxes and
the deposited revenues shall be identified in a separate row on a reconciliation report.
F. The terminal provided for the Money Room supervisor shall have no local intelligence or data storage
capacity. All data shall be stored at the FCMRS.
G. The FCMRS shall maintain records of the users who create, access, and modify all revenue
reconciliation records.
7.3 Revenue Reporting Requirements
A. A database of all data transferred from the fareboxes and the cashbox receivers to the FCMRS, and from
the revenue processing terminal to the FCMRS shall be available to County for the production of
reports. Menu driven report generation software with the same requirements and characterizes
described for the fare collection system data reporting shall be provided to allow the user to design and
store an unlimited number of report formats, which are to be used for generation of system reports.
B. Every access to FCMRS application from County CAT workstations shall be tracked to be reported for
security purposes. This report shall be sorted by FCMRS user (e.g., CAT workstation ID or FCMRS user
ID) and shall include all manual activities, each remote terminal (node) and all downloading activities.
The time and description of all access at computer shall be reported. All PDU activities shall be similarly
reported. The Contractor shall submit all log messages for County for approval at CDR. County has the
right to request addition, deletion or modification of any log message in order to meet system
requirements.
7.4 Revenue Accounting System
The fare collection system shall provide for the automatic reconciliation of registered revenues against counted
revenues and provide a summary of the differences. This software shall operate as follows.
A. Once the counts for both the coins and bills have been entered and stored for each vault, the FCMRS
system software shall automatically compare the counts of the bills (by denomination) and coins (by
denomination) and store data for the differences.
B. At the end of a day (and also upon request) a reconciliation report showing the differences by vault
shall be generated. This reconciliation report shall be provided only through the use of a high level
password. The report shall also provide a daily total and summary for all vaults and an overall revenue
accuracy figure.
C. The FCMRS shall maintain an inventory of the following revenue elements:
1. Vaults and probes.
2. Cashboxes.
D. The supervisor shall be able to enter the information on the bank deposit slips into the system in order
to permit automatic reconciliation of the funds reported by the bank against those entered at the Money
Room. This shall be accomplished through a high level function with a special password and user
name.
1. A report shall be produced that provides details on the monies collected, counted and reconciled
including all cashboxes emptied into a vault and all vaults counted. .
E. Summary totals of the registered revenues, by denomination, shall be included for each segment of the
report. The level of detail to be provided for the report shall also be selectable by the user.
F. The FCMRS shall provide the ability to report the contents of the receiver vaults at the end of the transit
day. This report shall include the number and value of bills and coins in the receiver vault.
END OF SECTION
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VIII. TESTING AND ACCEPTANCE
8.1 General
A. The objective of the Test Program is to ensure that all equipment furnished under this Contract shall
meet all of the applicable requirements specified in this document, including operation under
environmental stress conditions. Testing and acceptance shall be conducted to satisfy production and
delivery schedule requirements. The tests to be conducted shall be:
1. First Article Test (FAT) - One (1) of each item of equipment to be furnished, including on -board
revenue collection and data collection, shall be tested to ensure that all the features and functions
identified within these specifications are provided. Successful completion of this test shall be a
prerequisite for the production and delivery of the full complement of equipment.
2. Production Acceptance Test (PAT) -The Contractor shall certify when production is completed in
order to obtain County authorization for shipment of equipment. The Contractor shall certify that a
functional test has been passed prior to shipping any item of equipment. County will identify, when
necessary, required modifications to be made and demonstrated before approving release for
shipment.
3. Pre - Installation Checkout (PIC) - Five (5) sets of on -board equipment, selected at random, shall be
tested with sufficient transactions to verify proper transaction processing and data reporting.
Successful completion of this test shall be a prerequisite for the installation of the equipment on-
board the buses. In addition, one (1) item of each type of revenue and data collection equipment
shall be tested in the same manner to ensure proper collection and reporting of funds. The Network
Acceptance Test is considered to be part of the PIC.
4. Installation Acceptance Test (IAT) - Before any equipment is permitted to go into revenue service a
functional test shall be performed by the Contractor on each item of equipment that is installed.
Satisfactory performance shall be approved by County.
5. In- Service Qualification Test (ISQT) - This test shall run for a period of not less than four (4) weeks
and shall verify that the system is operating in a reliable and accurate manner. This shall encompass
all fare collection equipment installed at the garage plus the PDU, FCMRS units and the money room
terminal.
6. Reliability, Maintainability and Accuracy Test (RMAT) - This test shall run for a period of not less
than ninety -one (91) days and shall verify that the complete system is operating in a reliable and
accurate manner for all installed equipment.
Responsibilities for Testing are identified below:
B.
L Article Test (FAT)
Contractor's
Contractor /CAT CAT
suction Acceptance Test (PAT)
Contractor's
Contractor ---- - - - - --
Installation Checkout (PIC)*
CAT Facility
CAT Contractor
illation Acceptance Test (IAT)
CAT Facility
Contractor ----- - - - - --
ervice Qualification Test (ISQT)
CAT Facility
CAT Contractor
ability, Maintainability & Accuracy
(RMAT)
CAT Facility
CAT Contractor
* Includes Network Acceptance Test
C. The Contractor shall be responsible for preparation of all testing materials and the test script prior to the
performance of any tests. These materials will be approved by CAT prior to commencement of the
specified test.
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8.2 Methodology
A. The First Article Equipment shall be subjected to the First Article Test (FAT) at the factory. This test
shall be comprised of the following series of tests:
1. Functional Tests
2. Maintainability Test
3. Interface Test
4. Cycling Test ❖
5. Dust Test❖
6. Environmental Tests ❖
7. Vibration and Shock Tests ❖
8. Radiated and Conducted Energy Test ❖
9. Radiated Interference Test ❖
10. Temperature /Humidity Test ❖
County may grant exemptions for items identified as ❖ above providing that the Proposer can provide
details related to all such tests being successfully completed by a certified test laboratory and evidence of a
minimum of 1,000 fareboxes in operation for at least two (2) years with more than two (2) transit systems
that have a networked operation with a fare collection computer system in operation.
B. At this level of testing the first articles shall be representative of the final production items. The purpose
of this test shall be to demonstrate that for all items of equipment to be furnished under this Contract,
the functions specified in this document will be met.
C. Pre - installation Checkout (PIC) tests shall include tests to verify proper functioning and interfacing of
the equipment before installation. The PIC tests shall be conducted prior to the ISQT and prior to the
fleetwide installation.
D. Upon start of fleetwide revenue service, the first seven (7) days shall be considered as the system start-
up period prior to beginning the RMAT. The twenty -eight (28) day settling period shall be monitored
for equipment performance during the RMAT. The RMAT shall be conducted for a period of 91 days.
E. Final System Acceptance shall be a prerequisite for the start of the hardware and software Warranty.
8.3 Test Program Plan
A. For all tests to be conducted, a final test plan shall be submitted for approval by County at least thirty (30)
days prior to the start of the FAT. Testing shall not commence until the test plan has been approved.
B. The test plan and applicable procedures which shall govern the conduct of activity, surveillance, direction
and methods of observing and recording the pertinent data including handling of failures of equipment
and inaccuracies of reports.
C. The following elements shall be included in the test plan for each of the tests required in the project:
1. Support, calibration instrumentation, test equipment and tools to be used
2. Technical publications to be referenced
3. Spares and consumables to be available
4. Maintenance facilities needed
5. Personnel requirements to be available for Contractor and County
6. Personnel scheduling
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7. The report format and specific data to be collected during the test period together with the method
used to report the test results
8. Preventive maintenance tasks (if any) to be performed during the test
9. Corrective action to be taken when failures and inaccuracies occur
8.4 Test Procedure Outline
A. The test procedure shall include, as a minimum, the following requirements:
Objective of test
1. Test environmental conditions
2. Detailed description of test specimens including drawings, part numbers, inspection and test records,
maintenance records and calibration records
3. Detailed procedure of test
4. Test equipment to be used. Include any measuring equipment and /or any equipment aiding in the
performance of the tests
5. The level and schedule of preventive maintenance during the test
6. Pass /Fail criteria
7. Retest procedure
8. Test script procedures for assessing Pass /Fail /Re -Test, including provisions for maintenance during
tests.
9. Test notification
10. Test Reports
B. The procedure to be followed for the resolution of test problems, failures, inaccuracies and general test
conduct ground rules shall be defined
8.5 First Article Tests
A. Functional Tests
1. The purpose of this test shall be to demonstrate that for each type of equipment the functions specified
throughout this document, including all limiting conditions, shall be met. Each item of equipment
shall be required to execute all hardware and software functions as detailed in these specifications,
and meet the performance criteria requirements. The procedures for handling maintenance (trouble
shooting, and correcting faults) and service functions (extracting data) shall also be demonstrated.
2. The Contractor shall be responsible for developing a functional test procedure that satisfactorily
demonstrates all equipment functions and shall submit this test procedure to County for approval at
least thirty (30) days in advance of the test.
3. Each function specified shall be tested at least ten (10) times prior to confirming success or failure.
Each piece of equipment shall have passed the functional test before the environmental tests listed
below are started.
B. Vibration (exemption will be granted with proof of previous testing at a certified Environmental Testing
Laboratory)
1. The Contractor shall ensure that for the bus fleets, vibration conditions expected in the area of
installation are taken into account to ensure that proper isolation /protection is built in the on -board
equipment design. In addition, the following requirements shall be met.
2. The on -board equipment shall be tested per the procedure of MIL - STD -810D, Method 514.3, Category
8, with the following changes:
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a. Basic transportation, common carrier environment curves, Figures 514.3 -1, 514.3 -2 and 5 14.3 -3
shall be used with an overall RMS level of 1.5g for the vertical axis and 1 .Og for the transverse and
longitudinal axes.
b. The cycling time shall be two (2) hours on each axis for a total of six (6) hours. The on -board
equipment shall operate normally during and after this acceleration test and the equipment shall
not experience broken or loosened parts from this vibration.
c. At the conclusion of each axis frequency sweep cycle, the on -board equipment shall be subjected
to a vibration of 3g's at a frequency sweep between 7 and 14 Hz for a period of one (1) minute and
4 g's at a frequency sweep between 70 and 140 Hz for a period of one (1) minute. The equipment
shall operate normally after these acceleration tests and shall not experience broken or loosened
parts from this vibration.
C. Shock (exemption will be granted with proof of previous testing at a certified Environmental Testing
Laboratory)
1. The on -board equipment shall be tested per Procedure I of MIL- STD -810D with the following
changes:
a. The half sine shock pulse shall have a peak value (A) of 5g and duration (D) of 20 milliseconds.
b. The on -board equipment shall operate normally after the shock tests and shall not have
experienced broken or loosened components as a consequence of these tests.
D. Electromagnetic Effects (exemption will be granted with proof of previous testing at a certified
Environmental Testing Laboratory)
1. Susceptibility to Radiated Electromagnetic Energy - The on -board equipment and revenue collection
equipment shall be tested for susceptibility to radiated electromagnetic energy per the requirements of
MIL- STD -461C for radiated emissions, electric field. The equipment shall not sustain any permanent
damage as a result of the exposure to these electromagnetic fields nor shall it lose its data in RAM
storage. Loss of data relative to a farebox transaction during the exposure is considered tolerable
though undesirable.
2. Susceptibility to Conducted Electromagnetic Energy - The on -board and revenue collection equipment
shall be tested for susceptibility to conducted electromagnetic energy per the procedures of MIL -STD-
461C, Requirement CS06, utilizing the 400 volt, 5 microsecond pulse of both positive and negative
polarity. The equipment shall not sustain any permanent damage as a result of application of the
pulse energy nor shall it lose its data in RAM storage.
E. Radiation of Electromagnetic Interference (exemption will be granted with proof of previous testing at a
certified Environmental Testing Laboratory)
1. The Contractor shall be responsible for compliance with applicable Federal Communication
Commission regulations (i.e., FCC Rules, Part 15, and Subpart J) concerning conducted and radiated
radio frequency energy.
F. Temperature /Humidity
1. The on -board equipment shall be allowed to stabilize for a period of two (2) hours at each of the given
environmental condition settings. Thereafter, the number of fare payment cycles to be processed shall
be as indicated below.
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�_5
125
95
20-45
6
125
95
99%
2. Specific conditions to be met for the on -board equipment shall be:
a. Accuracy shall meet the following requirements:
1) Preventive maintenance shall not be permitted during the environmental tests.
2) Failures - During the conduct of this test, failures shall not exceed two (2) intermittent failures
not requiring corrective maintenance.
3) Jams requiring release(s) necessitating opening the farebox shall not be permitted. Should any
occur, the test shall be repeated.
Revenue collection equipment shall be subject to temperature /humidity tests 2, 3, 5 and 6 as identified
in the above table for twenty (20) cycles each.
G. Maintainability Test
1. In conjunction with the Functional Tests, the Contractor shall conduct a Maintainability Test of the
equipment. The purpose of this test is to determine that the equipment tested conforms to the
following maintainability requirements. This will be accomplished by introducing faults into the
equipment and then measuring the time required for a technician to diagnose and correct the failure,
from arriving at the device through returning the device back to service, and shall include swapping
out the affected module.
Mean Time To Repair (MTTR) MTTR (90% max),
On -board Equipment 0.4 hour 0.9 hour
Revenue Collection Vault System 1 hour 1.3 hours
2. At least thirty (30) days prior to the FAT, the Contractor shall submit to County a test outline which
shall be prepared in accordance with the County approved maintainability test plan and shall show
the basis of sample size selection and list of faults to be introduced into the equipment. This list shall
represent every known failure mode for each unit of equipment. Next to each fault, the Contractor
shall identify a reasonable time limit for repair performed by an average technician, based on field
experience with the equipment. County shall approve this list and the repair times prior to
conducting the maintainability test.
3. The test shall be conducted in the following steps:
a. The Contractor shall provide multiple units of the equipment to introduce failed components,
incorrect adjustments and incorrect settings. The simulated failures shall be introduced in
proportion to their expected failure rate.
b. The Contractor's maintenance personnel shall be unaware of the simulated failures and shall be
assigned to repair the equipment.
c. The repair times shall be recorded and M`17R shall be compared with the advance list provided
by the Contractor. All results will need to be approved by County.
H. Interface Test
The following equipment interfaces shall be evaluated for hardware, software, and data
transmission. These tests shall be performed under ambient conditions and shall demonstrate all
functions specified for the system. The interfaces are:
a. Between the TPU and the farebox.
b. Between the MSR and the farebox.
c. Between on -board equipment and the revenue transfer and collection equipment.
d. Between the revenue transfer and collection equipment and the FCMRS.
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e. Between the FCMRS and the County network.
I. Design Qualification Waivers
1. The Contractor shall demonstrate that each component or subsystem of the fare collection system
supplied meets or exceeds the specification requirements. Wherever a component or subsystem is
substantially similar in design and application to equipment previously used in a similar
application, the design may be qualified through submission of revenue service data.
2. If a component or subsystem in question is considered by County to be substantially identical in
design to equipment previously deployed in other transit applications, design qualification tests on
that equipment may not be necessary. Contractor shall provide a formal request for a Design
Qualification Testing waiver for consideration by County for each applicable component or
subsystem which shall include the following data as a minimum:
a. List of the locations and quantities of current equipment installations, including duration of
revenue service.
b. Description of all relevant differences among the other installations and the requirements of this
specification.
c. Description of all differences between the currently installed equipment and the specified
equipment.
d. Test results of any relevant design qualification tests that have been conducted on this equipment.
e. Reliability data for previously installed equipment, verifiable through purchasers.
3. Based on the submitted data, County will determine if the requirements for design qualification
testing shall be waived. Specific requirements for each piece of equipment will be considered
individually, and waivers will be issued on an individual basis. Waiver of design qualification for a
component or subsystem shall not satisfy integrated testing of components.
4. The Contractor shall supply certification for those tests for which exemption is requested. This shall
include actual test data documenting the appropriate tests performed on the on -board and revenue
collection equipment to meet the requirements specified and having successfully operated the
equipment on transit buses under revenue service conditions for at least six (6) months. The
Contractor shall supply to County the name, address and phone number of all testing facilities and
the person(s) involved in performing such testing.
5. The certificates shall be approved by County to exempt the Contractor from performing the tests.
J. Cycling Test
The cycling test shall be conducted for the on -board equipment as follows:
1. Cash Payments - a minimum of 500 coin only transactions and 500 bill only transactions for the
payment of the base fare shall be performed. A minimum of 200 coin /bill transactions for payment of
the full fare base fare shall be performed. A minimum of ?% of all transactions shall provide for the
loading of a stored value card with credited amount for overpayment and a transfer.
2. Pass Usages - a minimum of 500 pass transactions for each activated pass type shall be performed.
3. Count Transactions - a minimum of 100 transactions shall be initiated for each of the tally buttons.
4. On -board Pass Sale /Activation Transactions - a minimum of 100 transactions each for sale /activation
of each type of pass (Day, Week, Month) purchased on -board shall be performed using cash (pass
sale).
5. Transfer Transactions - a minimum of 100 transactions shall be initiated.
6. Pass Activations - a minimum of 50 transactions for the activation of a pre - purchased pass shall be
performed using both full fare and reduced fare passes.
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7. Stored Value and Stored Ride Transactions - a minimum of 100 transactions using magnetic stored
value farecards and 100 transactions using magnetic stored ride farecards for the base fare, and 100
transactions using each for the reduced fare shall be performed.
K. Dust Test
1. This test shall be performed to verify that the on -board fare collection equipment is capable of meeting
the environmental requirements of these specifications as well as the following combination of
conditions:
a. High temperature
b. High humidity
c. Moderate winds
d. Dust conditions
2. The Contractor shall prepare a test procedure, for review and approval by County not less than thirty
(30) days prior to the commencement of the environmental test. This dust test shall include varying
lengths of exposure by the on -board equipment, from one (1) minute to one (1) hour in fifteen (15)
minute intervals.
8.6 Pre - Installation Checkout
A. Upon successful completion of the FAT, County or its consultant will issue a production release to the
Contractor to deliver all equipment specified. Prior to installation, a Pre - Installation Checkout (PIC) Test
shall be conducted. CAT or its consultant will select five (5) on -board assemblies at random from
delivered items plus the FCMRS, including software to run all reports; and Data Probe (or wireless
equipment), as supplied, with associated hardware. The PIC test shall take place at the County facility.
B. The test objectives are:
1. To confirm that there was no visible damage in the delivered equipment.
2. To visually inspect a random sample of on -board equipment for conformance with specifications.
3. To verify that the on -board equipment works as expected by checking the bus operator sign -on /sign-
off function and to verify other operating functions by processing various fares.
4. To ensure that all data reports are produced in accordance with specifications.
5. To determine by these procedures if installation can begin or corrections and /or adjustments are
needed followed by a retest before installation can begin.
C. This equipment shall be set up at the County CAT facility by the Contractor in such a manner as to
permit all of the above listed test objectives to be evaluated. The following sequence of tests shall be
conducted as a minimum:
1. The on -board equipment shall be powered using a power supply furnished by the Contractor.
2. The on -board equipment shall be programmed for bus number and correct fare tables and related
information downloaded from the FCMRS.
3. Visual inspection of the on -board equipment shall be made to ensure that there is no physical damage
and that all specified displays, messages and prompting sequences including tone coordination occur
as specified.
4. Sign -on procedures shall be completed followed by processing at least ten (10) fares of each type.
5. Cashboxes shall be vaulted at least twice per farebox tested. Sign -off procedure and data collection
shall be completed and FCMRS printouts reviewed.
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8.7 Network Interface Test
A. As part of the PIC, the system shall be provided with test data simulating the County database for
purposes of this test. Throughout this test, the date and time shall be modified a minimum of ten (10)
times incorporating dates from a minimum of five (5) different years.
B. All interface connections shall be inspected for proper installation. All functions requiring interface to
the FCMRS, including all alarm and boundary conditions and security provisions, in all possible
combinations, shall be tested. These functions shall include, but not be limited to, the following:
1. Alarm transmission and all other device/ component monitoring functions
2. Data transmission to the FCMRS
3. Data transmission from the FCMRS
4. Fare Table modification, download and verification
5. Automatic report generation at the FCMRS
C. The Contractor shall identify each integrated function in its Test Procedures, including the boundary
conditions and security provisions for each item of equipment and operation.
D. All data transmissions shall be inspected and tested for accuracy. Inaccurate data transmissions shall be
recorded as a failure. The Contractor shall take any corrective action necessary to ensure the proper
performance of all functions.
E. Samples of all reports available shall be generated by the FCMRS. Format, layout, page and column
headers, data and all other information shall be reviewed to confirm compliance with the designs
approved at the Final Design Review. Contents of the reports shall be compared with the known
contents of the data. Successful completion of the test requires no discrepancies between report contents
and known data as well as proper formats.
8.8 In- Service Qualification Test
A. On successful completion of the PIC, County will issue a release for the Contractor to install equipment.
After approval of the IAT results, the ISQT will begin. The Contractor shall supply adequate spare
modules, assemblies, parts and consumables to be used throughout the ISQT.
B. Object And Conditions Of The ISQT
1. The purpose of this test shall be to operate the equipment listed above in revenue service for a period
of four (4) weeks. This test shall be conducted with buses operating on their designated routes in
revenue service.
2. The first seven (7) days shall be designated as a settling period, but with all normal operations for
revenue service being carried out and accuracy and reliability data being documented. Prior to this
period a Failure Review Board (FRB) shall be set up. The FRB will ascertain what constitutes a failure
and what the satisfactory corrective actions will be to prevent recurrence when the ISQT begins.
Failures shall be established in conformance with guidelines specified. At the end of the settling
period, the ISQT shall begin and shall be conducted over the next twenty -one (21) days.
3. The Contractor shall be responsible for performing all maintenance actions during ISQT
C. Test Requirements
The equipment shall be operated in full revenue service. The measures to determine acceptance of
equipment shall be the Accuracy Test and the Reliability Test.
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1(settling period)
(MCBF)
5,000
17,500
99.5%
99.6%
2
7,500
18,500
99.5%
99.7%
3
9,000
20,000
99.7%
99.8%
4
10,000
21,500
99.7%
99.8%
D. Accuracy Test
1. This test shall be conducted with all the ISQT on -board equipment. This on -board equipment shall be
monitored daily during the ISQT
2. The minimum accuracy requirements stated above shall be achieved during the conduct of the test in
order to continue the ISQT. If the accuracy requirements specified are not met at the periods indicated,
County will have the right to suspend the ISQT until changes are made to achieve this accuracy. Data
handling, data storage and the production of printed data on all reports shall be without error for the
duration of the ISQT. Over and under amounts will be added algebraically to determine overall
accuracy.
3. In addition to the verification of the accuracy of the collected revenues, a data accuracy review shall be
performed. This data accuracy shall serve to ensure that all data are reported properly and accurately,
that information is consistent between reports, that all column and row totals are properly calculated
and that all alarms and messages sensed are recorded and reported. A complete batch of all reports
shall be printed on five (5) random days, as selected by County during the ISQT, for this purpose.
E. Reliability Test
1. For on -board equipment (including probes) - This test shall be conducted with all the ISQT on -board
equipment. They shall be monitored for report of any failures. All conditions of equipment errors,
repairs, adjustments, replacements, malfunctions of on -board equipment (including parts /modules
thereof) shall be fully documented for the entire test period. The minimum reliability requirements
stated above shall be achieved during the conduct of the test in order to continue the ISQT. If the
MCBF requirements specified are not met at the period indicated, County will have the right to
suspend the ISQT until changes are made to achieve this reliability.
2. For the duration of the ISQT there shall be no more than one (1) failure of the FCMRS, data probe,
revenue collection equipment or interface to the County network.
F. Pass /Fail Criteria
1. Requirements specified for both the Accuracy Test and the Reliability Test shall be met in order to
pass the ISQT. When the ISQT is passed, the equipment shall remain in revenue service. The ISQT test
results and data collected shall be reviewed weekly by County.
G. Failure of ISQT
1. In the event that the equipment fails the ISQT the Contractor shall have up to ninety (90) days to
correct or update the equipment and retest until a pass category is reached. The Contractor shall
maintain a qualified representative responsible for making adjustments and repair of equipment at
the depot where the ISQT is being performed. Failure to pass the ISQT after this additional ninety (90)
days shall be cause for termination for Default as defined in the Contract Conditions.
8.9 Reliability, Maintainability and Accuracy Test
A. The RMAT will begin after a seven (7) -day transition period at the successful conclusion of all equipment
installations and shall be conducted over a period of ninety-one (91) days. The first twenty-eight (28) days
are a settling period during which records will be kept, but performance will only be measured and
verified during the final sixty-three (63) days. The Contractor shall be responsible for maintenance during
RMAT.
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B. During the RMAT, reliability, maintainability and accuracy will be recorded by Contractor personnel
and reviewed by County at the fourth (41h), eighth (81h) and thirteenth (13th) week stages to evaluate the
performance for the preceding period. RMAT test results and data collected shall be reviewed weekly
with County. Reliability, maintainability and accuracy at each stage shall meet the performance
requirements specified.
8.10 Final System Acceptance
A. Final system acceptance of the fare collection system by County shall be contingent upon passing the
RMAT and the Contractor furnishing all required hardware, software, spare parts, documentation,
training, supplies and all other items identified in these specifications.
B. The warranty of the system shall commence upon final acceptance of the fare collection system and shall
continue for a one (1) year period.
8.11 Test Performance Requirements
A. General Requirements
1. The equipment shall be operated in full revenue service. The measures to determine acceptance of
equipment shall be the Reliability Test and the Accuracy Test as follows:
2. The procedures described below shall start on day 1 of revenue service and shall be continued during
the RMAT period.
B. Sampling Method for Accuracy Test
1. The accuracy test shall be based on performance related to on -board equipment using a ten (10)
cashbox sample. This sample shall be comprised of a control group which would be the same five (5)
on -board pieces of equipment every day. The balance shall be audited on a predetermined schedule
developed by County.
2. On -board equipment will be excluded from the daily audit sample if it was reported to have any
malfunction or failure in terms of its mechanical or electronic operating functions, which could have
corrupted its data.
C. Accuracy Requirements
1. The RMAT accuracy trend specified shall be achieved during the conduct of the RMAT. If the
accuracy requirements specified are not met at the periods indicated, County will have the right to
interrupt the RMAT until changes are made to achieve this accuracy. Data handling, data storage and
the production of all reports shall be in accordance with requirements specified.
2. During the RMAT, accuracy shall be monitored with reviews at the (4th), eighth (8th) and thirteenth
(13th) week stages to evaluate the performance for the preceding period. Accuracy at each stage and
cumulative to date accuracy performance shall also be evaluated and shall meet the requirements
specified.
D. Method for Calculating Accuracy
The accuracy of the on -board equipment shall be calculated as for the ISQT.
E. Reliability Test
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1. All conditions of equipment errors, adjustments, replacements, malfunctions and failures shall be
fully documented by the Contractor for the entire test period for the RMAT.
2. The following procedures shall be used to log chargeable failures associated with RMAT. The Failure
Review Board (FRB) shall ascertain what constitutes a failure in the event of a disagreement.
a. Operating Malfunctions --
An operating malfunction is defined as a random malfunction that does not cause the equipment to be
inoperable but would require some form of maintenance to be rendered, such as a blown bulb.
b. Operating Failures
An operating failure is defined as any condition that causes the equipment to cease working (e.g.,
logic board failure).
An operating malfunction becomes an operating failure when the same malfunction occurs on three
(3) different pieces of on -board equipment. An example is a bus operator display burning out in three
(3) different pieces of on -board equipment.
b. Item Failures
An item failure is defined as an operating failure of a particular module which occurs three (3) or
more times. For example: if the bill transport in farebox #123 shows three (3) operating failures this
would be logged as one (1) item failure.
c. Design Failures
A design failure is defined as a failure of a given type of module in ten percent (10 %) of the modules
provided. An example is if there are 20 fareboxes in use and two (2) different farebox bill transports
are each charged with an item failure, this constitutes a design failure.
3. Customer induced malfunctions are non - chargeable.
4. A daily maintenance diary shall be kept which records all malfunctions and failures by type.
Malfunctions and failures shall be recorded by major module classification.
5. An equipment maintenance report shall be prepared to record all maintenance related incidents and
the determination of chargeability.
6. If a design failure occurs, continuation of the test is at the discretion of County.
F. Failure of RMAT
1. In the event that the equipment fails the RMAT the Contractor shall have up to twenty -eight (28) days
to correct or update the equipment and retest for a minimum of twenty -eight (28) additional days
until a pass category is reached.
2. In the event of a retest, the Contractor shall be required to maintain, on a full time basis for the entire
repeated RMAT period, a qualified representative responsible at the test location for making all
adjustments and to repair all equipment at the expense of the Contractor.
3. Failure to pass the RMAT after this additional twenty -eight (28) days shall be cause for Termination
for Default.
G. Failure Category Definition
The following conditions shall be used as a guide to classify failures.
1. Relevant Failures:
a. A relevant failure is any malfunction which prevents fare collection equipment from performing
its designated function, or meeting its performance criteria, when used and operated under the
environmental and operational conditions stated in these specifications. Example: If a farebox
fails to boot up into operation, it is a relevant failure. But if it is determined that the bus battery
had no charge, it will not be a chargeable failure.
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b. All relevant failures shall be chargeable failures when attributable to one (1) or more of the
following reasons:
1) Equipment design
2) Equipment manufacture
3) Equipment quality
4) Parts design
5) Parts manufacture
6) Parts quality
7) Software errors (If software errors are corrected and verified for twenty -eight (28) days in
revenue service during the tests, such errors shall not be chargeable as equipment failures.)
8) Equipment installation.
9) Contractor furnished operating, maintenance or repair procedures, tools and equipment that
cause equipment failure. (If procedures are correct and verified, such failures shall be
chargeable as equipment failures.)
2. Non - Relevant Failures
a. A non - relevant failure is a malfunction caused by a condition external to the equipment under
test, which is neither a functional, environmental, nor a test requirement in this specification and
is not expected to be encountered during normal and correct operation of the equipment in
revenue service.
b. Non - relevant failures shall be considered non - chargeable failures and shall include the following:
1) Accident or mishandling.
2) Failure of test facility or test instrumentation.
3) Equipment failures caused by externally applied over stress conditions in excess of the
approved specifications requirements contained herein. Certain customer induced failures
such as use of torn or mutilated fare media and abuse of equipment.
4) Normal operating adjustments not as prescribed in the approved equipment operating and
maintenance manuals.
5) Dependent failure(s) occurring with the independent failure that caused them.
6) Failures of expendable items having a specified life expectancy when operated beyond the
defined replacement time of the item.
7) Failures caused by incorrect operating, maintenance or repair procedures.
C. If incorrect procedures are employed it is not a chargeable failure.
H. Failure Review Board (FRB)
1. During the first seven (7) days of the ISQT a Failure Review Board (FRB) shall be established. The
FRB will include two (2) members representing County and one (1) member representing the
Contractor.
2. The FRB will ascertain what constitutes a failure and what the satisfactory corrective actions will be
to prevent recurrence when the RMAT is run.
3. Failures shall be established in conformance with guidelines. The end of the ISQT and first twenty -
eight (28) day period of the RMAT the FRB shall review all data from each test and finalize plans for
continuing.
4. The RMAT data will be reviewed and approved by the Failure Review Board before it will become
official. The FRB shall agree on the procedures to resolve issues related to "Fleet Defects'. This
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applies to any hardware or software conditions that result in an unacceptable performance and that
this occurs in more than twenty percent (20 %) of the fleet.
I. Data Verification
1. During each of the acceptance test periods, the data transferred from the farebox to the FCMRS will
be verified by County. This shall include the verification of all connectivity aspects associated with
transfer of data, production of reports and operation alerts and alarms.
2. Each day a specific farebox will be selected and the detail data will be printed. This data will be
verified against the data transferred to County departments to verify that it has been transferred
properly. In addition, all transactional data for that farebox will be verified against the summary
data compiled and reported.
3. The periodic reports (daily summary, weekly summary, monthly summary and annual summary)
will be printed each day to verify that the totals are being accumulated properly. On a random basis
verification of alarms and events will be verified.
4. None of these tests shall fail. All data shall be transferred and properly available for review and
manipulation by the County network.
J. Corrective Action
If the Reliability, Maintainability and Accuracy requirements specified are not attained during the RMAT,
the Contractor shall be responsible to redesign, provide retrofit kits and furnish labor to correct and /or
change the equipment at no additional cost to County. The corrective action and /or the resolution of the
problem(s) shall be subject to approval by County.
END OF SECTION
IX. TRAINING
9.1 General Training Requirements and Plan
A. The Contractor shall be responsible to train County designated personnel according to the requirements
specified herein. Training shall include course development, providing instructors, supplying handouts,
manuals, classroom aids, etc. Practical training on equipment shall occupy a significant portion of all
training classes. The training presentations and material shall be in English.
B. Instruction shall be designed to include courses described below and shall cover equipment
familiarization and systems operations. The training shall be provided to bring those employees
designated to the level of proficiency required for performing their respective duties. Formal training
shall include both classroom and practical work, and shall be augmented by informal follow -ups as
needed.
C. The Contractor shall provide experienced and qualified instructors to conduct all training sessions at
County designated training facilities. The Contractor is responsible for insuring that the instructors
teaching these training courses are not only familiar with technical information, but are able to utilize
proper methods of instruction, training aids, audiovisuals and other materials to provide for effective
training.
D. The Contractor is responsible for providing all training aids, audiovisual equipment and visual aids for
the conduct of these courses. At least one (1) session of each different training course shall be recorded
on DVD by the Contractor.
E. All training materials are to become the property of County at the conclusion of training.
F. Initial sessions shall be provided for maintenance and operations training not less than thirty (30) days
prior to the commencement of installation of any portion of the system. Final maintenance technician
training shall commence during the time period when equipment is installed on the buses, prior to
revenue service of the system.
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G. At the request of County, the Contractor shall, during the warranty period, provide three (3) additional
refresher training sessions of any of the courses provided under this contract. These refresher training
sessions shall be held in Naples, FL during the warranty period at no additional cost.
H. At the request of County, the Contractor shall, during and up to 60 days after implementation, provide
equipment to demonstrate and train the public on the use of electronic fareboxes. These training
sessions shall be held in Naples, FL in locations, dates and times selected by County no additional cost.
9.2 Submittal and Approval Requirements
A. Submittal
1. The Contractor shall submit the training curricula and materials for review and approval by
County. No training shall occur until training materials have been approved by County. The
curricula shall meet all training requirements and indicate course content, training time
requirements, and who should attend. Training curricula shall be provided for County review sixty
(60) days prior to commencement of equipment installation.
2. Should this material include information as provided in the system documentation and manuals,
any updates to that documentation which affect the training materials shall be updated in the
training materials as well.
B. Required Curricula and Materials
The following curricula and materials related to training shall be provided subject to approval by the
County.
1. Instruction Material: The primary source of instructional material shall be the applicable equipment
operating and maintenance manuals. In addition, the Contractor shall develop, for each course
specified, notebooks containing such additional drawings, descriptive information and procedures
necessary to ensure that all learning objectives are met in an orderly and timely manner.
2. Student Guides: All students shall be furnished with a guide containing material which mirrors
information in the instructor guides and provides the information necessary to effectively train the
students.
3. Instructional Equipment and Training Aids: Training shall be conducted using fare collection
equipment in normal operating condition. In the event such equipment has been accepted by
County, the equipment will be made available to the Contractor for training purposes.
4. Training Schedule: Training classes shall be prescheduled at least thirty (30) days in advance and in
coordination with County. Classes will be conducted at facilities provided by County.
5. Training Materials:
a. Course materials, including notebooks, instructor manuals, and handbooks will become the
property of the students and instructors, as appropriate, at the conclusion of the training course.
b. At the completion of all training courses one (1) set of camera - ready, letter quality reproducible
documents or computer files for each course outline, lesson plans, training aids and notebooks
shall be provided to the County.
9.3 Bus Operator Training
A. The Contractor shall provide an instructor who is experienced and qualified in the operation of the fare
collection equipment. One (1) portable standalone fare collection equipment training units with a 110
volt AC power supply shall be supplied for the training. The standalone training units will become the
property of County at the conclusion of training.
B. The purpose of this training is to instruct County CAT bus operator instructors who in turn can train
bus operators in the operation of the equipment.
C. At the completion of training, County CAT instructors will demonstrate competency in the operation of
the equipment by taking and passing a performance test and written examination.
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D. This course shall be designed to provide management, supervisory and operating personnel with a
functional understanding of all of the fare collection equipment. The functions of each module shall be;,M:-
covered, including the interrelationship of the equipment with the customer. Personnel attending this
course, in addition to bus operators and transit supervisors, will include the following categories:
management (at the overview level), marketing, public relations; and operating, financial and other
administrative personnel.
E. The instructor classes shall conclude four (4) weeks prior to the start of the ISQT in order to allow for
the training of bus operators.
Revenue Service Training
The Contractor shall provide an experienced and qualified instructor who shall conduct training classes for
the complete revenue collection /revenue service operation.
Data Management and Reporting System Training (Documentation Only)
1. The following shall be included in the FCMRS documentation:
a. External interfaces.
b. Development assumptions.
C. Processing scripts.
d. Data dictionaries.
e. System flows.
2. Data diagrams shall be provided to County. All programs shall be defined and described fully,
showing all inputs /outputs, samples of reports, logic flows and major functions described, as well
as assumptions used during program development. Detailed system functional requirements shall
also be provided.
3. Explanation of the software instructions and methods employed to make changes in software
programs shall also be taught. Use of software documentation shall also be fully covered.
Data Management and Reporting System User Training
A. The Contractor shall provide an experienced and qualified instructor who shall conduct user
orientation training for FCMRS users, including staff who will be responsible for the generation of
system reports and queries.
B. The purpose of this class will be to provide basic training and to describe to personnel the data
structure, program logic and data transmission operation functions and how the software in the
FCMRS can be used to perform data sorts and selective data reporting, file retrieval from back up
files, and how other programmable functions are achieved.
C. The goal of the training shall be to make the participants competent to both operate and teach others
the proper operation of the report generation system.
D. This course shall include the use of simulated or actual data provided by the Contractor. This data shall
include sufficient information to cover multiple months and shall include events and transaction data
from all types of equipment furnished.
Equipment Maintenance Training
A. The Contractor shall provide an instructor who is experienced and qualified in the maintenance of the
fare collection equipment.
B. The purpose of this training is to instruct technicians in the maintenance of fareboxes, the RCVS and all
related equipment that County technicians will be maintaining.
C. Fare collection equipment shall be provided for the training sessions.
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D. At the completion of training, technicians will demonstrate competency in the maintenance of the
equipment as indicated by taking and passing troubleshooting and repair tests and written
examinations.
E. This maintenance training information shall include troubleshooting and diagnostics of all known
problems for all types of fare collection equipment furnished.
9.8 Additional Training
A. In addition to the training as specified above, small sessions with 1 -3 County staff members shall also
be provided as described below
1. Security Training - Individuals shall be trained in the understanding of all security components
and interlocks within the system, including fareboxes, cashbox receivers, revenue collection
vaults and associated software. It is anticipated that this effort shall require four (4) to six (6)
hours of training during a one (1) day period.
2. Administrative Training - Selected individuals shall be trained in the overall understanding of the
fare collection system basics. It is anticipated that this effort shall require four (4) to six (6) hours of
training during a one (1) day period.
3. Planning Training - Individuals shall be trained in the understanding of the origin and meaning of
all system data and how to manipulate the data to provide needed reports and information. It is
anticipated that this effort shall require six (6) to eight (8) hours of training during a one (1) day
period.
4. Revenue Tracking System Training - Individuals shall be trained in the operation and
understanding of the revenue tracking system, including the meaning of all system data and
understanding reconciliation reports as well as all cashbox movements. It is anticipated that this
effort shall require four (4) to six (6) hours of training during a one (1) day period.
9.9 Bus Operator Training Video
A. At the end of the training, the Contractor shall provide County with five (5) copies of a video recording
in DVD format that contains the training that would normally be provided by an experienced trainer
showing complete operation of the farebox from the perspective of a bus operator.
B. This video recording shall include all procedures required by the system at the start of, during, and at
the end of revenue service. The video shall highlight customer displays, bus operator displays, button
presses, farebox indicators and farebox actions (card issue /return, etc.) as well as customer service
features of the farebox such as the MSR, TPU, coin and bill validation, etc.
C. The video recording shall be updated within thirty (30) days after the final acceptance of the system to
accommodate any operational changes.
D. The video recording shall be approximately ten (10) to fifteen (15) minutes in length, and presented in
an edited and professional format including a sound track, introduction, appropriate graphics and other
features
E. Actual training sessions and recordings from other transit properties may be used for some aspects of
this video recording, but County shall have final approval of contents and quality.
END OF SECTION
X. DOCUMENTATION
10.1 General Requirements
A. All documentation shall be in English, using US measurements and be submitted directly to County.
Any documentation submitted through a third party will not be considered received. All
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documentation shall be provided in hard copy and electronic formats similar to those used for
Microsoft products.
B. Preliminary drafts of all manuals shall be supplied ninety (90) days before installation begins at the first
depot. The documents shall be as complete and as comprehensive as possible. Ten (10) sets of each type
of preliminary draft document, manual and drawing as described in this section shall be provided by
the Contractor. These documents will be reviewed and comments furnished to the Contractor within
thirty (30) calendar days of their receipt.
C. Complete final manuals in the quantities and quality as described in this section shall be supplied no
less than five (5) days prior to the commencement of the first depot installation.
D. Post warranty manuals shall be provided at the successful completion of the initial warranty period.
These shall be of the latest revision and shall have incorporated all modifications or changes made to
any part of the fare collection system covered under this specification. The documents shall not be
considered final without the approval of County. Post warranty manuals may be submitted for
approval up to sixty (60) days prior to initial warranty expiration.
E. The warranty period shall not end until complete and final post warranty documents as specified herein
have been furnished by the Contractor and approved by County.
F. The Contractor shall provide a list of all special or custom tools or instruments required to maintain or
adjust any component within the Fare Collection System.
G. Diagrams and drawings shall identify each and every component in the Fare Collection System and call
out each component with the unique part number as referenced in the Bill -of- Materials.
H. The Contractor shall provide a parts layout for every printed circuit board, specifically calling out each
component, be it mechanical or electrical in nature, and showing its exact location.
I. The Contractor shall provide drawings showing the location of all of the traces on the top and bottom
and any through board connections of each printed circuit board. These drawings shall be laminated
and suitable for use during shop repair of components.
J. Each type of maintenance manual shall contain, but not be limited to: a description of operation;
installation procedures; a complete parts identification diagram and list; troubleshooting procedures;
inspection procedures; preventive maintenance procedures and program; repair procedures; diagnostic
procedures; wiring diagrams; electrical schematics with board and cable identification; and adjustment
procedures.
K. Subcontractor's names and part numbers shall be cross referenced with the Contractor's part numbers
for the required parts lists.
L. Electrical and electronic drawings shall be supplied to show engineering changes made to any
component or module up to the end of the warranty period of the Fare Collection System supplied.
M. The manuals shall be complete, accurate, up -to -date, and shall contain only that information which
pertains to the system installed and shall be written in English only.
10.2 System Documentation Requirements
A. Manuals required shall include the following parts, as applicable:
1. System Characteristics
a. A physical description of the subsystem and pertinent technical characteristics.
b. A description of the functions that the subsystem is designed to perform and the general
methods employed to accomplish those functions.
2. Principles of Operation (for maintenance manuals)
a. Detailed discussion of the theory of operation.
b. Interface between subsystem elements.
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c. Signal flow sequence correlated to block diagram(s).
3. Operating Procedures
a. Turn-on and turn -off procedures.
b. Detailed bus operator instructions sufficient to operate the equipment in each mode of
operation.
C. Emergency operating procedures.
4. Maintenance Procedures (for maintenance manuals)
a. Preventive maintenance procedures, schedules and manufacturer's recommended products.
b. Fault isolation and analysis procedures.
C. Corrective maintenance and repair procedures.
d. System calibration and test procedures.
e. Illustrated parts catalog.
B. A document control method shall be proposed by the Contractor and approved by County.
C. The Contractor shall submit to County for approval a Table of Contents and sample formats for each
type of manual and for the Illustrated Parts Manual.
10.3 Security Manual
A. To the greatest extent feasible, the Contractor shall not, in any of the following documentation, include
items related to the specific operations of, or maintenance of, security devices which may be used for
fraudulent purposes.
B. Information of this type, shall be identified and submitted separately, stamped CONFIDENTIAL. It
shall be the Contractor's responsibility to meet with the County Project Manager to determine what
information shall be considered confidential.
C. County regards the documentation of certain software programs and certain aspects of maintenance to
be security related. Also considered as security related are revenue collection and revenue transfer
information; revenue equipment construction and locking information; and other similar elements.
10.4 Bus Operator Manual
A. The manual shall contain succinct instructions on how to operate each on -board item of fare collection
equipment. Pictograms and photos are encouraged. Fault procedures need to be described as well as
directions for dealing with customer service issues related to equipment operation.
B. The manual shall contain all information needed for safe, proper, and efficient operation of the on-
board equipment. All normal operational sequences shall be described in detail.
C. The manual shall be printed on plastic coated paper, or the equivalent, for durability and be no larger
than 3 -1/4 inches wide by 6 inches long by 1/4 inch thick
10.5 Revenue Collection Manual
The revenue collection manual shall include a complete description of the operation of all revenue collection
equipment, including cashboxes, receivers, and receiver vaults, necessary to operate the revenue collection
system.
10.6 Maintenance Manuals
A. The Contractor shall provide a manual covering each item of fare collection equipment furnished,
including exercised options, with drawings which identify the various parts and assemblies in the
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equipment. The materials provided shall contain, but not be limited to: a description of operation;
installation procedures; preventive maintenance procedures and program; repair procedures;
diagnostic procedures; wire diagrams; electrical schematics with board and cable identification; and
adjustment procedures.
B. The manuals shall identify any special tools required for any of the procedures.
C. Durable materials shall be used to provide extended life for these manuals in the maintenance shop
environment.
D. An electronic copy of all manuals, in Adobe PDF or other form approved by County, shall be provided
on four (4) sets of CD -ROMs as well as one (1) printed master copy on 8 -1/2 x 11 inch paper.
E. Manual Contents shall be as specified herein and shall be consistent with training.
1. Preventive Maintenance Section: shall contain all information needed to enable maintenance
technicians to perform all periodic inspection and preventive maintenance tasks including
lubrication, inspection and replacement of consumable items. The manual shall contain
recommended PM schedules.
2. Troubleshooting and Corrective Maintenance Section: shall contain all information needed to
diagnose problems and make adjustments and repairs to all Fare Collection System components
and sub - assemblies to restore the system to a normal operational condition in an efficient and
timely manner. The manual shall include at a minimum a general description of each subsystem,
component and subassembly; functional block diagrams; detailed schematics; troubleshooting flow
charts and wiring diagrams.
3. Shop Repair Section: shall contain detailed descriptions of each assembly and subassembly
sufficient to service, maintain, repair, replace, rebuild, and overhaul the equipment. Systematic
procedures; wear and tolerance limits for determining when overhauls are needed; overhaul
procedures; and special tools and equipment required shall be included.
4. Illustrated Parts Section: shall describe and identify each module, sub - assembly and part within
each piece of equipment with its related supplier identification number and Contractor
identification number. Exploded drawings shall be provided to permit identification of all parts not
readily identified by description.
10.7 Test Equipment Manual
The Contractor shall provide manuals for each type of test equipment furnished. Manuals shall include all
information necessary to allow proper and full use of all test and calibration equipment furnished.
10.8 Fare Collection Management and Reporting System Manual
A. The Contractor shall provide a Fare Collection Management and Reporting System Manual, to include
drawings which identify the various parts and assemblies of the system. The manuals shall contain
start -up procedures, operating modes, interconnection diagrams, preventive maintenance procedures
and program; diagnostic procedures and wiring diagrams with board and cable identification.
B. Equipment Manuals shall be provided for the hardware and components used to configure the system.
The manuals shall include those instructions and maintenance manuals furnished by the supplier of
each type of processor, keyboard, modem, fixed disk drives, other storage media, monitor, printer,
backup system, uninterruptible power supply, and other components. The content of this information
shall be complete and detailed. It shall be the Contractor's responsibility to acquire the required
information from the respective manufacturers.
C. Software Manual and Program Documentation
1. The Contractor shall provide complete documentation for each Contractor developed and furnished
computer software program for the FCMRS, including the money room terminal and any other
subsystems using a microprocessor or other computer.
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2. The software documents shall be furnished for review and approval by County prior to installation
by County of the equipment on County property. The original and each amended version of a
software program shall require new copies of the documentation to be furnished for review and
approval by County prior to installation by County. The software documentation shall not be
distributed beyond the authorized personnel.
3. The documentation for each version of each program shall be complete and comprehensive to
include, but not be limited to: complete source code listings with fully documented statements;
comprehensive flow charts; and block diagrams explaining the system as a whole and showing how
the individual programs are interrelated.
4. The software documents shall clearly identify what data elements are stored; the source of each
data element; and how data is structured, transferred and utilized. This shall include the software
logic, processing rules, restrictions and exceptions, default conditions, hard and soft wired
parameters and the overall process by which each of the reports specified is generated.
5. Software manuals from suppliers of third party software components included as part of the system
shall be provided as a part of this program documentation.
END OF SECTION
XI. SPARE MODULES, SPARE PARTS AND CONSUMABLES
11.1 Spare Modules and Parts
A. Spare modules and parts shall be furnished in accordance with the listing furnished with the Price
Proposal Form.
B. Spare modules and parts should be new and manufactured to the specifications of the original parts in
the delivered fareboxes and completely interchangeable.
C. A list of vendors providing spare parts and consumables should be provided by the Contractor to
County within sixty (60) days after NTP.
D. The spare modules and parts shall be manufactured concurrently with production of modules and parts
for delivered equipment. The Contractor shall prepare and submit to County a spare modules and parts
list detailing the part number and description of each module and part that is to be furnished.
11.2 Spare Parts List Contents
A. A comprehensive list of spare modules and parts for all equipment shall be provided to County within
sixty (60) days after NTP. This listing shall include all items that can fail or that require replacement due
to wear over a ten (10) year period.
B. In addition, the Contractor shall provide at County's request at any time the equipment is being used in
revenue service, a complete parts and modules list, together with prices, parts numbers and
descriptions for all modules, parts and parts within the modules for all equipment furnished by the
Contractor.
11.3 Consumables
A. Contractor shall provide all consumables necessary to operate the system, or any particular system
component that has been installed based upon projected ridership levels provided by County, for a one
(1) year period of operation.
B. A comprehensive list of system consumables shall be provided to County within sixty (60) days after
NTP.
C. The Contractor shall provide the consumables upon the installation of the equipment. Should the In-
Service Qualification Test (ISQT) not be passed initially, the Contractor shall note the level of
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consumables and replace any consumables utilized from that point until the ISQT has been passed
successfully. This procedure shall apply for all revenue service acceptance tests.
11.4 Support Equipment
The Contractor shall provide the testing, service and other special tools and equipment required for
proper operation and maintenance of the system as a part of the initial equipment delivery.
11.5 Future Supply Provisions
A. For twelve (12) years after Final System Acceptance, the Contractor shall make available, for delivery
within sixty (60) days, all Contractor designed equipment, modules and parts as are or may be
necessary to service and maintain the equipment delivered to County.
B. Alternately, during the twelve (12) year period, the Contractor shall ensure that County can obtain the
equipment, modules and parts from other suppliers for a comparable price (generally within ten
percent (10 %) of the part or module price on the Contractor's most recent price list). The Contractor
shall also offer County the opportunity of ordering the equipment, modules and parts at least six (6)
months before discontinuing their production.- It shall be the Contractor's responsibility to alert the
County of this situation and to provide to the County's applicable drawings, parts lists and at least two
(2) sources for obtaining parts that were previously supplied by the Contractor.
C. As an alternative, the Contractor may upgrade or retrofit all of the Contractor supplied equipment to
use modules and parts that are readily available from the Contractor or other suppliers at a comparable
price to meet the requirements of this subsection. The entire cost of any such upgrade or retrofit shall
be at the Contractor's expense.
D. The Contractor shall also notify County in a timely manner when improvements or modifications to
parts or modules are fabricated that could improve the operation of County's system.
E. In the event that the Contractor cannot furnish any system equipment, modules or parts within sixty
(60) days after receipt of an order, and there is no suitable alternative supplier, County will have the
right to fabricate or have fabricated from drawings and specifications provided by the Contractor, such
equipment, modules or parts. The Contractor shall provide, at its sole expense, any necessary patent
releases. If the Contractor is not the manufacturer of a particular part or module within the system, the
Contractor shall make every effort to assist in obtaining the necessary information to fabricate the
necessary parts or modules that are necessary for proper system operation, which have been
discontinued.
F. The Contractor's undertaking herein is a covenant, promise, representation, and warranty made in
consideration of the price or prices to be paid by County for the equipment to be delivered hereunder,
as well as for such spare modules and parts.
END OF SECTION
XII SCHEDULE OF EVENTS
12.1 General
A. The Contractor shall furnish County with a detailed project schedule in bar chart form identifying all
major milestones, to meet the critical delivery, installation and testing dates and task duration as
specified in Section 2.0. The following items shall be addressed as a minimum:
1. Submittals and Documentation
2. Design Phase
3. Software Development
4. Manufacturing
5. In- Factory Testing
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6. Shipping of System Equipment
7. Installation
8. Installation Verification
9. Testing (by test)
10. Final System Acceptance
B. The Contractor shall prepare all deliverables in both Microsoft Office (Word, Excel or PowerPoint) and
Adobe PDF formats, with County granted full rights to reprint as needed.
12.2 Project Status Tracking
The Contractor shall prepare a System Implementation Plan (SIP), including the detailed implementation
activities/ schedule, progress milestones/ status and assigned staff.
The Contractor shall also include a Safety Management Plan in their SIP, which shall detail their responsibilities
and procedures for safety during the different phases of the project, including (1) conducting pre - installation
surveys to identify potential project safety hazards; (2) identifying project hazard control procedures, including
occupational (worker) and public hazards; (3) providing project safety orientation and training to its
subcontractors and the transit agency staff who will be involved in the project; and (4) furnishing procedures
and training for project accident reporting and investigations,
The initial draft of the SIP shall be provided to County within two weeks from Notice to Proceed (NTP).
The revised SIP, addressing comments from the first onsite meeting, shall be provided to County within two
weeks after this meeting.
The SIP must be approved and accepted by County before it can become effective.
An updated SIP shall be submitted to County at the beginning of each month.
The Contractor shall maintain an Action Items List (AIL), indicating for each item the following: (1) item
number; (2) date generated; (3) brief item descriptive title; (4) assigned person with lead resolution
responsibility; (5) date resolved; and (6) ongoing dated notes on resolution status.
The AIL shall be sorted, primarily by unresolved vs. resolved items and secondarily by the date the item was
generated.
12.3 Program Plan
The Contractor shall prepare and submit a Preliminary Program Plan for County approval within ten (10) days
of Notice to Proceed. The Preliminary Program Plan shall be a summary document indicating the manner in
which the Contractor has broken down the major tasks necessary to comply with the Contract requirements.
12.4 Project Schedule
The Contractor shall, within ten (10) days of notice to proceed, submit a reproducible copy of the project
schedule showing the start and completion of all major events, operations and contract items planned for
County approval.
The Contractor shall update the project schedule on a monthly basis and forward the updates to County to
reflect revised completion dates. The Contractor shall notify County immediately of any changes that are
expected to delay the completion of the project more than two (2) weeks.
12.5 Monthly Progress Report and Weekly Conference Calls
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The Contractor shall participate in weekly conference calls with County Project Manager, other County staff and
outside consultants as determined by County Project Manager.
The agenda for these meetings will be to discuss the most current status of and plans related to all issues
identified in the recent releases of the SIP and AIL.
County reserves the right to identify for discussion any additional issues beyond those in the SIP and AIL.
A status report shall be issued to County at least two days prior to each conference call, including (1) an agenda
for the upcoming conference call highlighting key discussion items; and (2) an updated AIL with the updates
incorporating the discussions of the previous bi- weekly conference call as well as other subsequent
developments since the previous AIL release.
The Contractor shall be represented in these conference calls by at minimum their Project Manager, as well as
any additional Contractor staff necessary to properly address the current issues and project status. County will
be represented by their designated implementation management representatives. Conference call facilities will
be arranged and paid for by the Contractor.
The Contractor shall submit minutes within two days of each conference call.
Each month the Contractor shall submit a report describing work accomplished in the preceding month, work
to be completed during the next month, and a discussion of any outstanding or expected problems. County
approved modification to the project schedule shall be included as part of the report. In addition, monthly
progress reports shall include a list of specific action items which require input or resolution by the parties
involved in the project.
12.6 Minimum Required Onsite Work
At the first onsite meeting, the Contractor shall be prepared to discuss County feedback on draft SIP and
conduct Requirements Review.
At the second onsite meeting, the Contractor shall be prepared to discuss County feedback on draft Design
Review documentation.
During the third and subsequent onsite efforts, the Contractor shall install system and conduct acceptance
testing. These onsite installation and testing efforts will occur over an extended period, and will likely involve
several different onsite trips and a range of different Contractor staff.
12.7 Invoicing
The Contractor shall only submit an invoice once a fully - signed Acceptance Certificate is generated by County
indicating that a progress payment milestone has been achieved.
County will withhold 10% retainage on each invoice. Upon acceptance by County of each stage of the project,
the total retainage for that stage will be paid to the Contractor.
12.8 Design Review
The Contractor shall participate in the Requirements Review (RR), as part of the first onsite meeting. The RR
meeting shall discuss, for each contract requirement, the following: (1) County design intent; (2) the intended
Contractor design approach; and (3) the general Contractor approach to demonstration through the acceptance
testing process.
The Contractor shall submit draft Design Review Documentation (DRD) within four weeks of the RR meeting.
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The DRD shall include the following materials: (1) an overview of the equipment, system and configuration
proposed for implementation; (2) detailed technical documentation for each equipment item; (3) detailed
technical documentation on all software, addressing the functions of each module, the format of all user
interface screens, the format of all reports, the data fields to be included in all data exchange interfaces and any
other software aspects warranting advance agreement with County prior to system
customization /configuration; and (4) a table detailing the approach taken in the design to address each
individual contract requirement.
The second onsite meeting will include discussions with County on their feedback on the DRD, and shall occur
within four weeks after the draft DRD has been submitted.
The Contractor shall submit the updated DRD within three weeks of the second onsite meeting.
The DRD is intended only to reduce the chance of any misunderstandings on the design intent or interpretation
of the contract requirements. The DRD shall not alter the need for the successful formal demonstration of each
requirement through the Acceptance Testing process
The Contractor shall submit Installation Design Documentation (IDD), for County approval prior to
undertaking any installations.
The IDD shall provide text, drawings, illustrations and images using adequate detail to allow for quality
installation by a technician without further training in conjunction with other installation instructions provided
by the vendors of individual equipment components.
The IDD shall include details on (1) equipment installation locations/ mounting; (2) routing, conductors, color -
coding, labeling, and connectors for power, communications and vehicle ground circuits; (3) connections with,
any required modifications to and restoration of existing infrastructure; (4) work area and equipment storage
requirements (5) methods and quality standards; and (5) supervision and quality assurance procedures.
END OF SECTION
XIII WARRANTY
13.1 General
A. Basic Warranty
1. The Contractor shall guarantee all workmanship, materials, components and equipment for a
period of one (1) year after installation and full acceptance of the fare collection system.
2. If during the period of the warranty any defects or faulty materials, equipment or software are
found, the Contractor shall immediately, upon notification from County, proceed with corrective
action at the Contractor's expense to replace, repair or otherwise return the system to full working
order.
3. The Contractor shall provide sufficient spare modules and parts to operate the system at not less
than 99% availability at any time for the period of the initial warranty. These spare parts shall be
furnished with the first equipment delivery.
4. The Contractor shall develop, test, and provide all applicable software "patches," upgrades and
other remedies necessary to keep the system software in good order. The installation of such
remedies will be performed by the County in close coordination with the Contractor.
5. All Proposers shall submit, with their proposals, a copy of their standard warranty as well as any
special terms and conditions covering the equipment and software described in these specifications.
B. Extended Warranty
The contract includes a total of 5 years warranty for all the equipment
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13.2 Coordination with On -Going Maintenance Support
The basic and extended warranty provisions of this section are intended to be in conformance with and
enhance the provisions of the section of these specifications describing Maintenance Support during the
period in which the basic and extended warranties are in place.
END OF SECTION
XIV. MAINTENANCE SUPPORT
14.1 Support Requirements
A. From Installation to System Acceptance
Contractor shall provide on -site personnel qualified to troubleshoot all aspects of the system from the
time of first equipment installation through system acceptance. These personnel shall be responsible for
preventive maintenance, troubleshooting failures, removing and replacing defective parts, returning the
unit to service, and initiation and follow -up of remedial actions.
As an alternative, the Contractor may use County maintenance personnel to perform some or all of
these activities at the Contractor's sole additional expense as long as regular maintenance of County
buses and facilities is not affected.
B. From System Acceptance Through Warranty Period
Contractor shall assist County maintenance personnel in performing preventive and corrective
maintenance including troubleshooting, removal of replacement parts and any warranty repairs,
service, and campaigns. Both on -call telephone support and on -site technical support, when required
by County for troubleshooting and support, shall be provided as part of the system warranty.
Contractor's field representatives shall also be available for a minimum of three (3) visits to the location
where equipment is installed during the period between system acceptance and expiration of the
warranty to provide general aid and instruction to transit system personnel.
In the event of a fleet defect that appears to County's project administrator to be a generalized problem
that may affect all similar equipment, or a systematic defect (a defect in the data system, receivers or
other subsystems that affects the ability of the fare collection system to achieve its intended purpose)
the manufacturer's representative shall arrive as soon as possible, but no later than thirty-six (36) hours
from the time of notification, at the County facility to review the problem and set up needed corrective
action.
The Contractor shall contract with a qualified company approved by County that can be called on for
maintenance of the computer hardware and standard operating software and short response time
critical troubleshooting on an emergency basis when the Contractor's staff may not be available.
C. After Expiration of Warranty
On -call maintenance support shall be provided by the Contractor for the life of the equipment after
system acceptance. On -call support shall be provided via telephone conversation for hardware and
software problems and operational troubleshooting at no additional cost to the County. On -site
technical support, when required for troubleshooting, training or other similar activities required by
County shall be provided at standard Contractor rates as per Exhibit B for preferred customers.
D. The Contractor shall provide the maintenance support and warranty services described in these
specifications to cover all depots on all equipment required to be provided by the Contractor.
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E. Contractor shall maintain on -site, a spare parts supply sufficient to meet maintenance and warranty
obligations set forth herein from installation through the end of the five (5) year warranty period.
14.2 Test Equipment
A. The Contractor shall supply test equipment which shall provide means for County maintenance
personnel to bench test and repair each major module and /or subassembly of the on -board fare
collection equipment.
B. Maintenance Test Stand (Optional): This equipment shall be configured such that the following items
are mounted on a stand or board and interconnected to provide a fully operational set of on -board fare
collection equipment, plus software installed on a heavy duty service laptop computer to act as a fully
functioning FCMRS. The maintenance test stand shall include at a minimum the following separate
components:
1. Bill transport, including security mechanism
2. Coin unit
3. Logic boards
4. Data port to probe data
5. Data transfer probe
6. Electronic lock assembly
7. Cashbox ID unit
8. All displays and the tone generator(s)
9. Power supply
10. Magnetic swipe reader
11. Ticket processing unit
C. All interconnections including wiring, harnesses, plugs, sockets and other connections shall be the same
as used in a fully assembled Fare Collection System. The maintenance test stand shall be arranged in
such a manner that each module can be separately exercised to perform its operating functions.
D. Coin Unit Calibrator: Equipment shall be provided to calibrate and test the coin unit and related
components.
E. Bill Transport Calibrator: Equipment shall be provided to calibrate and test the bill transport and
related components.
13.3 Availability and Performance Requirements
A. During the period when Contractor personnel are on -site:
1. Maintenance on fare collection equipment aboard the buses shall be performed in such a manner as
to provide for 100% availability of all buses needed by County to meet pull -out each day at each
depot.
2. Farebox equipment shall be brought back into service within four (4) business hours of reporting
any incident. This shall be by module swap out or correction of the problem.
B. During the period when on -call service is provided:
1. All questions shall be answered and requests for information shall be provided within a twenty-
four (24) hour period.
2. Spare parts requested by County shall be delivered within forty-eight (48) hours of receipt of fax,
email or telephone request from County.
3. Correction of software deficiencies shall be completed within a time as agreed between County and
the Contractor, based on the severity and critical nature of the deficiency. At no time however, shall
this time period exceed ten (10) business days, unless prior approval is provided in writing by
County.
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13.4 Computerized Maintenance Reports
As an integral part of maintenance support, the Contractor shall include computerized reports as described
in other sections of this specification that are designed to assist County to perform regular preventative
maintenance on systems, equipment and components provided in these specifications. This shall include
preventative maintenance scheduling as well as warning and alarm conditions and adequate training of
maintenance managers and technicians in the proper and regular use of this capability.
END OF SECTION
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Agreement # 11 -5753 Electronic Farebox for Collier Area Transit
Exhibit B
County CAT Fare System — Price Proposal
Item
Estimated
Unit Cost
Total Cost
Quantity
1
Validating farebox (including operator control unit,
cashbox, magnetic ticket processing unit magnetic swipe
11 -23
$13,086
$300,978
reader
2
Revenue collection vault system (including vault,
cashbox receiver, Money Room revenue processing
1
$21,438
$21,438
terminal
3
Fare collection management and reporting system
1
$87,672
$87,672
FCMRS software license for up to 5 years.
4
Probing equipment (hardware and firmware /software )
1
-
Included in #1
5
Portable Data Unit (PDU)
1
-
Included in #1
6
Bench test Equipment for Diagnostic testing
1
$12,750
$12,750
7
Bus Operator Training Unit on cart with power supply
1
-
Included in #1
8
Spare Modules, spare parts and consumables (provide
detailed list of components /parts /consumables,
Lot
$34,417
quantities (at least 10% and a minimum of 1) and unit
prices offered
9
Smart Media
(ISO IEC 14433 Type A Plastic or PVC Cards and/or
TBD
$0.11
$13,200
SmartStickers. Quantity will be determined on unit price
at time of order)
10
Hardware and firmware warranty for installed units (for 5
$38,295
ears
11
Remote hosting of FMCRS and software for five ears
$33,633
12
Firmware and Hardware warranty for installed units (for
Included in #10
five ears
13
System Documentation
$5,000
14
Customer, bus operator, maintenance, CAT Staff
$5,000
training program
15
Installation of all Equipment
$11,845
16
Farebox firmware and FCMRS software upgrade
See Notes
program for five years
17
Printer Paper, case of 32,000 tickets
10
N/C
Included are two 2 cases per year for five (5 ) years
cases
Total Cost
$564,228
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4/10/2012 Item 16.A.12.
Notes I Explanation for Price Proposal
1] The total cost for Item No. 1 is derived using a quantity of 23 fareboxes.
2] The RFP identified in Section 7.10 (b) is for one year following final acceptance. Our pricing as indicated in Item No. 10,
extends the warranty for four additional years. Pricing for the Electronic Farebox system with a one year warranty as specified
would lower the total system cost by $36,770.
3] If Item No. 11 (which is an option) is not selected, the total cost for the Electronic Farebox system is will be adjusted downward
by the amount indicated.
4] Cost for Farebox firmware and FCMRS upgrades are included in the warranty cost identified in Item No. 10.
v
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4/10/2012 Item 16.A.12.
Agreement # 11 -5753 Electronic Farebox for Collier Area Transit
Exhibit B1
Spare Parts and Additional Services
Fare
Logistics;
Item No.
Item Description
Consumable
Y ?
Unit Price
-5 units;
001106
GPS Antenna with cable
$31.00
002254
GPS cable, 5 m, SMA male
90° to SMA male 180°
Y
$6.00
001987
Driver's Display Unit
$2,214
000385
RAM Arm (DDU Mounting
Hardware
$33.94
000383
RAM Double Ball (DDU
Mounting Hardware)
$23.75
000384
RAM Ball Mount (DDU
Mounting Hardware
$15.00
002303
RAM arm, short
$21.62
000786
Stylus
Y
$6.11
002170
SmartCard Reader
$204.00
000197
Ma IBarcode
$106.50
002826
Bill Validator
$637.50
002780
Bill Transport
$400.50
000191
Coin Acceptor
$210.00
001499
Printer
$1,339.50
000195
Printer Controller
$778.00
000196
Printer Cable
$32.90
002238
Wireless antenna
Y
$3.95
000050
Cashbox
$2,662
000730
Lock/key assy for cashbox
$72.00
002761 -01
Cashbox key assembly
Y
$328.00
002001
Front Door Lock
Y
$53.16
002006
Lid Lock
Y
$53.16
001222
Fuse
Y
$2.10
000002
Electrical Box
$1,258.50
001019 -06
Farebox External Power Cable
$79.44
Printer Paper, case of 32,000
transfer tickets
Y
$319.11
Smart Media — (ISO /IEC 14443
Type A PVC Card
Y
.11
Smart Media — ISO /IEC 14443
smart sticker
Y
.11
Additional services, including,
but not limited to training
$TBO cost
per hour
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4/10/2012 Item 16.A.12.
Agreement # 11 -5753 Electronic Farebox for Collier Area Transit
AW
Exhibit C
Schedule and Payment Milestones
Project Milestones /Deliverables
Due Date from issuance of Notice
to Proceed NTP
Payment Percentage
Project Plan
10 days
10%
Design Report
30 days
10%
-Preliminary
Critical /Final Design Report
55 days
10%
Implementation Plan
16 days
5%
-System
First Article Test Approval
96 days
10%
Production Acceptance Test
69 days
5%
System Installation
113 days
10%
Revenue Acceptance Test
Completion
133 days
10%
Final Acceptance
1 153 days
1 30%
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Florida Department of Transportation
RICK SC.OTI' Ft. Myers operations Center ANANTII NRASAV. N.E.
GOVERNOR 2981 NE Pine island Road SE,C:'RUI'ARY
Cape Coral. FL 33909 -6531
Phone: (239) 656 -7800
Fax: (239) 656 -7737
vAvtv.dot.stateJl.us
March 2, 2012
Ms. N- lielielleAmold, Director
Alternative Transportation Modes Department
2855 South Horseshoe Drive
Maples, Florida 34104
RE: Joint Participation A— reement (JPA) for the Department's FTA Section
5311 Americans Recover), and Reinvestment Act, (ARRA) Project with Collier
County; Financial Project Number 426772- 1 -94 -01 / Contract Number AP119
"Electronic fare boxes (includes IT package & Fault) 4 te130,714.25 cacti ";
Request for Concurrence on Collier ATM's contractor selection, Fare I..ogistics
Dear i%-ls. Arnold:
This letter replies to the Collier Area Transit's request of Febt -nary 22, 2012 for third -party contract
concurrence we received from Ms. Glania Carter, Transit Manager. The Department understands that the
County is requesting to enter into a third -party contract with Fare Logistics. We understand that this
request replaces the request made December 16, 20 11 upon which ivc concurred to enter into a third -party
contract with another contractor. We concur with Collier Area Transit's request heir Collier County to
enter into the subcontract with Fare 1-otr
Our review for concurrence was restricted to the portion of the project involving the Electronic faire box
equipment in the above referenced JPA. The JPA in place for this project between the Department and
Collier County expires on December 31, 2012.
We appreciate very much your diligence regarding Collier Area Transit's compliance with these third -
party contracting provisions. Please reefer to Section 12.00. "Subcontracts of the Agency. Section 12.10,
—Turd Party Aoreeanents," and Number 2 in "Third Party Subcontracts" in Exhibit C of the current
Aureement between the Department and Collier County for 4euidance. If you have additional questions,
please contact me at (239) 6 -56 -7500 or via c -mail at .fulia.Davi iot ,tats fl us.
Si �
0
Julia B. Davis. A1CP
Transit Projects Coordinator
Modal Development Office
cc: Glania Carter, Collier Area'Transit
Richard Shrine, FDGT, Modal Development Office
'rem, Beachani, F'DO r, Modal Development Office
www.dol.stZile.fl.us
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4/10/2012 Item 16.A.12.
.:z
E-Verifv. 1
Company ID Number: 524250
THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE 1
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Fare Logistics Corn (Employer) regarding the
Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU
explains certain features of the E- Verify program and enumerates specific responsibilities of
DHS, the Social Security Administration (SSA), and the Employer. E- Verify is a program that
electronically confirms an employee's eligibility to work in the United States after completion of
the Employment Eligibility Verification Form (Form 1 -9). For covered government contractors, E-
Verify is used to verify the employment eligibility of all newly hired employees and all existing
employees assigned to Federal contracts or to verify the entire workforce if the contractor so
chooses.
Authority for the E- Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (1IRIRA), Pub. L. 104 -208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E- Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification ", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor with the FAR E- Verify clause ") to verify the employment eligibility of
certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive
Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer to
confirm the accuracy of Social Security Numbers provided by all employees verified under this
MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational problems that
may arise during the Employer's participation in the E- Verify program. SSA agrees to provide
the Employer with names, titles, addresses, and telephone numbers of SSA representatives to
be contacted during the E- Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E- Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E- Verify program or such other persons or entities who may be authorized by SSA as governed
Page 1 of 13 1 E- Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov /E- Verify
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4/10/2012 Item 16.A.12.
P e r:
E-Verifv, a �.�:
r 1
�i \,�x
Company ID Number: 524250
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations (20 CFR Part 401).
4. SSA agrees to provide a means of automated verification that is designed (in conjunction with
DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of
U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA records as
may be necessary) for employees who contest SSA tentative nonconfirmations that is designed
to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and
accuracy of SSA records for both citizens and non - citizens within 10 Federal Government work
days of the date of referral to SSA, unless SSA determines that more than 10 days may be
necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for employees through E- Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
• Automated verification checks on employees by electronic means, and
• Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational problems that
may arise during the Employer's participation in the E- Verify program. DHS agrees to provide
the Employer names, titles, addresses, and telephone numbers of DHS representatives to be
contacted during the E- Verify process.
3. DHS agrees to make available to the Employer at the E- Verify Web site and on the E- Verify
Web browser, instructional materials on E- Verify policies, procedures and requirements for both
SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training
materials on E- Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation
in the E- Verify program. DHS also agrees to provide to the Employer anti - discrimination notices
issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices
(OSC), Civil Rights Division, U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that permits
the Employer to verify information provided by employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of employees'
employment eligibility and for evaluation of the E- Verify program, or to such other persons or
entities as may be authorized by applicable law. Information will be used only to verify the
accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and
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4/10/2012 Item 16.A.12.
F.-Verifv
y4r.n asCP 1A t�
Company ID Number: 524250
Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting
requirements.
7. DHS agrees to provide a means of automated verification that is designed (in conjunction
with SSA verification procedures) to provide confirmation or tentative nonconfirmation of
employees' employment eligibility within 3 Federal Government work days of the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS records as
may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -
match tentative nonconfirmations that is designed to provide final confirmation or
nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the
system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E- Verify.
3. The Employer agrees to become familiar with and comply with the most recent version of the
E- Verify User Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E- Verify Tutorial before that individual initiates any queries.
A. The Employer agrees that all Employer representatives will take the refresher tutorials
initiated by the E- Verify program as a condition of continued use of E- Verify.
B. Failure to complete a refresher tutorial will prevent the Employer from continued use
of the program.
5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions:
• If an employee presents a "List B" identity document, the Employer agrees to only
accept "List B" documents that
contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be
presented during the Form 1 -9
process to establish identity.) If an employee objects to the photo requirement for
religious reasons, the Employer
should contact E- Verify at 888 - 464 -4218.
• If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766
(Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to
make a photocopy of the document and to retain the photocopy with the employee's
Form 1 -9. The photocopy must be of sufficient quality to allow for verification of the photo
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4/10/2012 Item 16.A.12.
E-Verifv-
Company ID Number: 524250
and written information. The employer will use the photocopy to verify the photo and to
assist DHS with its review of photo non - matches that are contested by employees. Note
that employees retain the right to present any List A, or List B and List C, documentation
to complete the Form 1 -9. DHS may in the future designate other documents that
activate the photo screening tool.
6. The Employer understands that participation in E- Verify does not exempt the Employer from
the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to
its employees, or from other requirements of applicable regulations or laws, including the
obligation to comply with the antidiscrimination requirements of section 274B of the INA with
respect to Form 1 -9 procedures, except for the following modified requirements applicable by
reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect
to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of
the individual in good faith compliance with the terms and conditions of E- Verify; (3) the
Employer must notify DHS if it continues to employ any employee after receiving a final
nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each
failure to notify DHS of continued employment following a final nonconfirmation; (4) the
Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized
alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after
receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or
criminally liable under any law for any action taken in good faith based on information provided
through the confirmation system. DHS reserves the right to conduct Form 1 -9 and E- Verify
system compliance inspections during the course of E- Verify, as well as to conduct any other
enforcement activity authorized by law.
7. The Employer agrees to initiate E- Verify verification procedures for new employees within 3
Employer business days after each employee has been hired (but after the Form 1 -9 has been
completed), and to complete as many (but only as many) steps of the E- Verify process as are
necessary according to the E- Verify User Manual, or in the case of Federal contractors with the
FAR E- Verify clause, the E- Verify User Manual for Federal Contractors. The Employer is
prohibited from initiating verification procedures before the employee has been hired and the
Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day
time period is extended until it is again operational in order to accommodate the Employer's
attempting, in good faith, to make inquiries during the period of unavailability. Employers may
initiate verification by notating the Form 1 -9 in circumstances where the employee has applied
for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided
that the Employer performs an E- Verify employment verification query using the employee's
SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E- Verify procedures for pre - employment screening of job
applicants, in support of any unlawful employment practice, or for any other use not authorized
by this MOU. Employers must use E- Verify for all new employees, unless an Employer is a
Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as
provided in Article II.D, the Employer will not verify selectively and will not verify employees
hired before the effective date of this MOU. The Employer understands that if the Employer
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4/10/2012 Item 16.A.12.
s.,_ .
F.-Verifv_
'.1 �
Company ID Number: 524250
uses the E- Verify system for any purpose other than as authorized by this MOU, the Employer
may be subject to appropriate legal action and termination of its access to SSA and DHS
information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding
tentative nonconfirmations, including notifying employees in private of the finding and providing
them written notice of the findings, providing written referral instructions to employees, allowing
employees to contest the finding, and not taking adverse action against employees if they
choose to contest the finding. Further, when employees contest a tentative nonconfirmation
based upon a photo non - match, the Employer is required to take affirmative steps (see Article
III.B. below) to contact DHS with information necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the
verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1))
that the employee is not work authorized. The Employer understands that an initial inability of
the SSA or DHS automated verification system to verify work authorization, a tentative
nonconfirmation, a case in continuance (indicating the need for additional time for the
government to resolve a case), or the finding of a photo non - match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, the employee must be provided a full and fair opportunity to contest the
finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
(including denying, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work in poorer conditions, refusing to assign the employee to a Federal contract
or other assignment, or otherwise subjecting an employee to any assumption that he or she is
unauthorized to work) until and unless secondary verification by SSA or DHS has been
completed and a final nonconfirmation has been issued. If the employee does not choose to
contest a tentative nonconfirmation or a photo non -match or if a secondary verification is
completed and a final nonconfirmation is issued, then the Employer can find the employee is not
work authorized and terminate the employee's employment. Employers or employees with
questions about a final nonconfirmation may call E- Verify at 1- 888 - 464 -4218 or OSC at 1 -800-
255 -8155 or 1- 800 - 237 -2515 (TDD).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section
274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring,
firing, or recruitment or referral practices because of his or her national origin or, in the case of a
protected individual as defined in section 27413(a)(3) of the INA, because of his or her
citizenship status. The Employer understands that such illegal practices can include selective
verification or use of E- Verify except as provided in part D below, or discharging or refusing to
hire employees because they appear or sound "foreign" or have received tentative
nonconfirmations. The Employer further understands that any violation of the unfair immigration -
related employment practices provisions in section 274B of the INA could subject the Employer
to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject
the Employer to back pay awards, compensatory and punitive damages. Violations of either
section 274B of the INA or Title VII may also lead to the termination of its participation in E-
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r=-VerifV_
Company ID Number: 524250
Verify. If the Employer has any questions relating to the anti - discrimination provision, it should
contact OSC at 1- 800 - 255 -8155 or 1- 800 - 237 -2515 (TDD).
12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or
to print the screen containing the case verification number and attach it to the employee's Form
1 -9.
13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant
to E- Verify and this MOU only to confirm the employment eligibility of employees as authorized
by this MOU. The Employer agrees that it will safeguard this information, and means of access
to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as
necessary to protect its confidentiality, including ensuring that it is not disseminated to any
person other than employees of the Employer who are authorized to perform the Employer's
responsibilities under this MOU, except for such dissemination as may be authorized in advance
by SSA or DHS for legitimate purposes.
14. The Employer acknowledges that the information which it receives from SSA is governed by
the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)),
and that any person who obtains this information under false pretenses or uses it for any
purpose other than as provided for in this MOU may be subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review
Forms 1 -9 and other employment records and to interview it and its employees regarding the
Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests
for information relating to their participation in E- Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E- VERIFY CLAUSE
1. The Employer understands that if it is a subject to the employment verification terms
in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee
assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal
Contractors. Once an employee has been verified through E- Verify by the Employer, the
Employer may not reverify the employee through E- Verify.
a. Federal contractors with the FAR E- Verify clause agree to become familiar with and
comply with the most recent versions of the E- Verify User Manual for Federal Contractors and
the E- Verify Supplemental Guide for Federal Contractors.
b. Federal contractors with the FAR E- Verify clause agree to complete a tutorial for
Federal contractors with the FAR E- Verify clause.
c. Federal contractors with the FAR E- Verify clause not enrolled at the time of contract
award: An Employer that is not enrolled in E- Verify at the time of a contract award must enroll
as a Federal contractor with the FAR E- Verify clause in E- Verify within 30 calendar days of
contract award and, within 90 days of enrollment, begin to use E- Verify to initiate verification of
employment eligibility of new hires of the Employer who are working in the United States,
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F.-Verifv-
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whether or not assigned to the contract. Once the Employer begins verifying new hires, such
verification of new hires must be initiated within 3 business days after the date of hire. Once
enrolled in E- Verify as a Federal contractor with the FAR E- Verify clause, the Employer must
initiate verification of employees assigned to the contract within 90 calendar days from the time
of enrollment in the system and after the date and selecting which employees will be verified in
E- Verify or within 30 days of an employee's assignment to the contract, whichever date is later.
d. Employers that are already enrolled in E- Verify at the time of a contract award but are
not enrolled in the system as a Federal contractor with the FAR E- Verify clause: Employers
enrolled in E- Verify for 90 days or more at the time of a contract award must use E- Verify to
initiate verification of employment eligibility for new hires of the Employer who are working in the
United States, whether or not assigned to the contract, within 3 business days after the date of
hire. Employers enrolled in E- Verify as other than a Federal contractor with the FAR E- Verify
clause, must update E- Verify to indicate that they are a Federal contractor with the FAR E-
Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E-
Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E- Verify to initiate verification of new hires of the contractor
who are working in the United States, whether or not assigned to the contract. Such verification
of new hires must be initiated within 3 business days after the date of hire. An Employer
enrolled as a Federal contractor with the FAR E- Verify clause in E- Verify must initiate
verification of each employee assigned to the contract within 90 calendar days after date of
contract award or within 30 days after assignment to the contract, whichever is later.
e. Institutions of higher education, State, local and tribal governments and sureties:
Federal contractors with the FAR E- Verify clause that are institutions of higher education (as
defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized
Indian tribes, or sureties performing under a takeover agreement entered into with a Federal
agency pursuant to a performance bond may choose to only verify new and existing employees
assigned to the Federal contract. Such Federal contractors with the FAR E- Verify clause may,
however, elect to verify all new hires, and /or all existing employees hired after November 6,
1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes
for initiating employment verification of employees assigned to a contract apply to such
institutions of higher education, State, local and tribal governments, and sureties.
f. Verification of all employees: Upon enrollment, Employers who are Federal contractors
with the FAR E- Verify clause may elect to verify employment eligibility of all existing employees
working in the United States who were hired after November 6, 1986, instead of verifying only
new employees and those existing employees assigned to a covered Federal contract. After
enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E-
Verify verification of all existing employees within 180 days after the election.
g. Form 1 -9 procedures for existing employees of Federal contractors with the FAR E-
Verify clause: Federal contractors with the FAR E- Verify clause may choose to complete new
Forms 1 -9 for all existing employees other than those that are completely exempt from this
process. Federal contractors with the FAR E- Verify clause may also update previously
completed Forms 1 -9 to initiate E- Verify verification of existing employees who are not
completely exempt as long as that Form 1 -9 is complete (including the SSN), complies with
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Verif y ti 11111U1
Company ID Number: 524250
Article II.C.5, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Form 1 -9 either in person or in communications with the
employee to ensure that the employee's stated basis in section 1 of the Form 1 -9 for work
authorization has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form
1 -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete,
the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9
to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up -to-
date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a
U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the
Employer shall not require the production of additional documentation, or use the photo
screening tool described in Article II.C.5, subject to any additional or superseding instructions
that may be provided on this subject in the Supplemental Guide for Federal Contractors.
Nothing in this section shall be construed to require a second verification using E- Verify of any
assigned employee who has previously been verified as a newly hired employee under this
MOU, or to authorize verification of any existing employee by any Employer that is not a Federal
contractor with the FAR E- Verify clause.
2. The Employer understands that if it is a Federal contractor with the FAR E- Verify clause, its
compliance with this MOU is a performance requirement under the terms of the Federal
contract or subcontract, and the Employer consents to the release of information relating to
compliance with its verification responsibilities under this MOU to contracting officers or other
officials authorized to review the Employer's compliance with Federal contracting requirements.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print
the notice as directed by the E- Verify system and provide it to the employee so that the
employee may determine whether he or she will contest the tentative nonconfirmation. The
Employer must review the tentative nonconfirmation with the employee in private.
2. The Employer will refer employees to SSA field offices only as directed by the automated
system based on a tentative nonconfirmation, and only after the Employer records the case
verification number, reviews the input to detect any transaction errors, and determines that the
employee contests the tentative nonconfirmation. The Employer will transmit the Social Security
Number to SSA for verification again if this review indicates a need to do so. The Employer will
determine whether the employee contests the tentative nonconfirmation as soon as possible
after the Employer receives it.
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the
employee with a system - generated referral letter and instruct the employee to visit an SSA
office within 8 Federal Government work days. SSA will electronically transmit the result of the
referral to the Employer within 10 Federal Government work days of the referral unless it
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F,. V e r i F �JSA
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Company ID Number: 524250
determines that more than 10 days is necessary. The Employer agrees to check the E- Verify
system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Number database (the Numident) or other written verification of the Social Security Number
from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print
the tentative nonconfirmation notice as directed by the E- Verify system and provide it to the
employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in
private.
2. If the Employer finds a photo non -match for an employee who provides a document for which
the automated system has transmitted a photo, the employer must print the photo non -match
tentative nonconfirmation notice as directed by the automated system and provide it to the
employee so that the employee may determine whether he or she will contest the finding. The
Employer must review the tentative nonconfirmation with the employee in private.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest
a tentative nonconfirmation received from DHS automated verification process or when the
Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will
determine whether the employee contests the tentative nonconfirmation as soon as possible
after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS through its
toll -free hotline (as found on the referral letter) within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non - match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit
the result of the referral to the Employer within 10 Federal Government work days of the referral
unless it determines that more than 10 days is necessary. The Employer agrees to check the E-
Verify system regularly for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a
photo non - match, the Employer will send a copy of the employee's Form 1 -551 or Form 1 -766 to
DHS for review by:
• Scanning and uploading the document, or
• Sending a photocopy of the document by an express mail account (paid for at
employer expense).
7. If the Employer determines that there is a photo non -match when comparing the photocopied
List B document described in Article II.C.5 with the image generated in E- Verify, the Employer
must forward the employee's documentation to DHS using one of the means described in the
preceding paragraph, and allow DHS to resolve the case.
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Company ID Number: 524250
ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this MOU.
The Employer is responsible for providing equipment needed to make inquiries. To access E-
Verify, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long
as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E- Verify program by DHS or SSA, including but not
limited to the E- Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on all changes made to E-
Verify through the use of mandatory refresher tutorials and updates to the E- Verify User
Manual, the E- Verify User Manual for Federal Contractors or the E- Verify Supplemental Guide
for Federal Contractors. Even without changes to E- Verify, DHS reserves the right to require
employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with
the FAR E- Verify clause may terminate this MOU when the Federal contract that requires its
participation in E- Verify is terminated or completed. In such a circumstance, the Federal
contractor with the FAR E- Verify clause must provide written notice to DHS. If an Employer that
is a Federal contractor with the FAR E- Verify clause fails to provide such notice, that Employer
will remain a participant in the E- Verify program, will remain bound by the terms of this MOU
that apply to participants that are not Federal contractors with the FAR E- Verify clause, and will
be required to use the E- Verify procedures to verify the employment eligibility of all newly hired
employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed
necessary because of the requirements of law or policy, or upon a determination by SSA or
DHS that there has been a breach of system integrity or security by the Employer, or a failure
on the part of the Employer to comply with established procedures or legal requirements. The
Employer understands that if it is a Federal contractor with the FAR E- Verify clause, termination
of this MOU by any party for any reason may negatively affect its performance of its contractual
responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each other as
they may determine necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described in this MOU.
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Company ID Number: 524250
D. Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
E. Each party shall be solely responsible for defending any claim or action against it arising out
of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom,
including (but not limited to) any dispute between the Employer and any other person or entity
regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by
the Employer.
F. The Employer understands that the fact of its participation in E- Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E- Verify publicity and media inquiries,
determinations of compliance with Federal contractual requirements, and responses to inquiries
under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
H. The individuals whose signatures appear below represent that they are authorized to enter
into this MOU on behalf of the Employer and DHS respectively.
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Verif r
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Company ID Number: 524250
To be accepted as a participant in E- Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E- Verify at 888 - 464 -4218.
(Employer Fare Logistics Corp
�ndreas Cichon
ame (Please Type or Print)
lectronically Signed
Title
3/21/2012
Signature
Date
Department of Homeland Security — Verification Division
Name (Please Type or Print)
Title
Signature
II
Date I
_ Information Required for the E- Verify Program
Information relating to your Company
Company Name:IFare Logistics Corp
{
Comps Fasilit ry ddress -585 Empire Ave
_
I r
North Babylon, NY 11704
I
j
Company Alternate
Address:
1
Countv or Parish: 'SUFFOLK
i
i
Employer Identification
Number: 980676758
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E-Verifv.
Company ID Number: 524250
Information relating to the Program Administrator(s) for your Company on policy
questions or operational problems:
Name:
Andreas Cichon
North American Industry
(250) 360 - 0012 ext. 222 Fax Number: (250) 360 - 0066
Classification Systems
a.cichon@farelogistics.com
Code:
, 34
Administrator:
I
Number of Employees:
1 to 4
Number of Sites Verified
for:
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for
'n each State:
I
FLORIDA 1 site(s)
I
Information relating to the Program Administrator(s) for your Company on policy
questions or operational problems:
Name:
Andreas Cichon
Telephone Number:
(250) 360 - 0012 ext. 222 Fax Number: (250) 360 - 0066
E -mail Address:
a.cichon@farelogistics.com
Name:
Kevin Fehn
Telephone Number:
(631) 539 - 2114 Fax Number:
E -mail Address:
Uehn@farelogistics.com
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4/10/2012 Item 16.A.12.
Andreas Cichon
From: enrollmentC@dhs.gov
Sent: Wednesday, March 21, 2012 1:53 PM
To: Andreas Cichon
Subject: Your E- Verify Enrollment Request — UPDATE
Thank you for your interest in the E- Verify program. We are currently reviewing your request for enrollment. You may be
contacted by the E- Verify team by phone or email to complete the enrollment process.
In the meantime, please feel free to contact us regarding your enrollment or any other questions you may have. You can
reach us by phone at 1- 888 - 464 -4218 or by e-mail at E- Verify@dhs.gov. E- Verify Customer Support is available Monday
through Friday from 8am to 5pm (local time) except on federal holidays. (Do not reply to this automatically generated e-
mail because replies will not reach a live person.)
While you are waiting for your pending enrollment to be approved, please visit our website, www.dhs.gov /e- verify, to learn
more about the program.
We are excited that you are interested in joining E- Verify and we are committed to helping your company ensure a legal
workforce.
Regards,
The E- Verify Team
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4/10/2012 Item 16.A.12.
EXHIBIT B
FEDERAL TRANSIT ADMINISTRATION
FEDERAL GRANTCOMPLIANCE REQUIREMENTS FOR CFDA 20.507/20.500
Box is Checked
If Applicable A.1 - Federally Required and Other Model Contract Clauses
® 1. Fly America Requirements
® 2. Buy America Requirements - Sign Certification
❑ 3. Charter Bus and School Bus Requirements
® 4. Cargo Preference Requirements
❑ 5. Seismic Safety Requirements
® 6. Energy Conservation Requirements
® 7. Clean Water Requirements
❑ 8. Bus Testing - Sign Certification
❑ 9. Pre -Award and Post Delivery Audit Requirements - Sign Certification
® 10. Lobbying - Sign Certification
® 11. Access to Records and Reports
® 12. Federal Changes
® 13. Bonding Requirements
® 14. Clean Air
® 15. Recycled Products
❑ 16. Davis -Bacon and Copeland Anti- Kickback Acts
® 17. Contract Work Hours and Safety Standards Act
18. [Reserved]
® 19. No Government Obligation to Third Parties
® 20. Program Fraud and False or Fraudulent Statements and Related Acts
® 21. Termination
® 22. Government -wide Debarment and Suspension - Sign Exhibit P
® 23. Privacy Act
® 24. Civil Rights Requirements
® 25. Breaches and Dispute Resolution
❑ 26. Patent and Rights in Data
❑ 27. Transit Employee Protective Agreements
® 28. Disadvantaged Business Enterprises (DBE) (TWO FORMS)
Anticipated DBE Form and Bidders List
❑ 29. [Reserved]
® 30. Incorporation of Federal Transit Administration (FTA) Terms
❑ 31. Drug and Alcohol Testing
® 32. ADA Access
® 33. ITS Standards
® 34. ARRA
® Certificates requiring signature must be completed and submitted at time of bid submittal to be
considered for award.
The services performed by the awarded Contractor shall be in compliance with all applicable FTA
regulations /requirements, and additional requirements specified in this document It shall be the awarded Contractor's
responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete
this project
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1. FLY AMERICA REQUIREMENTS
49 U.S.C. J 40118
41 CFR Part 301 -10
l2 icabi t to Contracts
The Fly America requirements apply to the transportation of person.y or propert . kv air, between a place in the C %.S. and
a place outside the 1.17 V., or between places outside the U.S., when the FTA will participate in the costs of such air
transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code
share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a
foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S.
Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of
the Fly America Act.
Flow Down Requirements
The Fly America requirements flow down from FTA recipients and subrecipients to first tier Contractors, who are
responsible for ensuring that lower tier Contractors and subContractors are in compliance.
Fly America Requirements
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services
Administration's regulations at 41 CFR Part 301 -10, which provide that recipients and subrecipients of Federal funds and
their Contractors are required to use U.S. Flag air carriers for U.S Government - financed international air travel and
transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier
is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used,
an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available
or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may
involve international air transportation.
2. BUY AMERICA REQUIREMENTS
49 U.S.C. 53230)
49 CFR Part 661
Applicability to Contracts: The Buy America requirements apply to the following types of contracts: Construction
Contracts and Acquisition cquisition of'Goods or Rolling; Stock (valved at inorc than x'100,000).
Flow Down: The Buy America requirements flow down from FTA recipients and subrecipients to first tier Contractors,
who are responsible for ensuring that lower tier Contractors and subcontractors are in compliance. The $100,000 threshold
applies only to the grantee contract, subcontracts tinder that amount sire subject to Elul =.:4nierica.
Buy America - The Contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that
Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver.
General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15
passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements
for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United
States and have a 60 percent domestic content.
A bidder or offeror must submit to the 1 -T4 recipient the aplrropriare Buy America certification (below) with all bids or
offers on FTA funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a
completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier
subContractors.
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❑ Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it will
meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date
Signature
Company Name
Title
Certificate of Non- Compliance with 49 U.S.C. 53236)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1)
and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A),
53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
❑ Certification requirement for procurement of buses, other rolling stock and associated equipment.
Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will
comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date
Signature
Company Name
Title
Certificate ofNon- Compliance with 49 U.S.C. 53236)(2)(C) The bidder or offeror hereby certifies that it
cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify
for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53236)(2)(D), and 49 CFR 661.7.
Date
Signature
Company Name
Title
3. CHARTER BUS REQUIREMENTS
49 U.S.C. 5323(d)
49 CFR Part 604
Applicabilitv to Contracts: The Charter 13us requirements apply to the following type of contract: Operational Sen is e
Contracts.
Flow Down Requirements: The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier
service Contractors.
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Charter Service Operations - The Contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which
provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally
funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except
under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be
"incidental," i.e., it must not interfere with or detract from the provision of mass transportation.
3. SCHOOL BUS REQUIREMENTS
49 U.S.C. 5323(F)
49 CFR Part 605
Applicability to Contracts: The School Bus requirements apply to the following type of contract: Operational Se +rvice
Contracts.
Flow Down Requirements: The School Bus requirements flow down from FTA recipients and subrecipients to first tier
service Contractors.
School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA
assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in
competition with private school bus operators unless qualified under specified exemptions. When operating exclusive
school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment,
vehicles, or facilities.
4. CARGO PREFERENCE REQUIREMENTS
46 U.S.C. 1241
46 CFR Part 381
Applicability to Contracts: The Cargo Preference requirements apply to all contracts involving equipment, materials, or
commodities x Bich may be transported by ocean vessels.
Flow Down: The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the
transport of equipment, material, or commodities by ocean vessel.
Cargo Preference - Use of United States -Flag Vessels - The Contractor agrees: a. to use privately owned United States -
Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry
cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying
contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to
furnish within 20 working days following the date of loading for shipments originating within the United States or within
30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated,
"on- board" commercial ocean bill -of - lading in English for each shipment of cargo described in the preceding para umh to
the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to
the FTA recipient (through the Contractor in the case of a subContractor's bill -of- lading.) c. to include these requirements in
all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
5. SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 et seq. 49
CFR Part 41
Applicability to Contracts: The Seismic Safety requirements apply only to contracts for the construction of neh,
buildhngs or additions to twisdi�g buildings.
Flow Down: The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier Contractors to
assure compliance, with the applicable building standards for Seismic Safety, including the work performed by all
subContractors.
Seismic Safety - The Contractor agrees that any new building or addition to an existing building will be designed and
constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety
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Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Contractor also
agrees to ensure that all work performed under this contract including work performed by a subContractor is in compliance
with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.
6. ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
Applicability to Contracts: The Energy Conservation reyuirencents are applicable to all contracts.
Flow Down: The Energy Conservation requirements extend to all third party Contractors and their contracts at every tier
and subrecipients and their subagreements at every tier.
Energy Conservation - The Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
7. CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
Applicability to Contracts: The Clean Water requirements apply to each contract and subcontract er -bich exceeds
$10(),000.
Flow Down: The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to
assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or
in part with Federal assistance provided by FTA.
8. BUS TESTING
49 U.S.C. 5323(c)
49 CFR Part 665
Applicability to Contracts: The Bus Testing requirements pertain only to the acquisition of Rallht StochlTurnkey.
Flow Down: The Bus Testing requirements should not flow down, except to the turnkey Contractor as stated in Master
Agreement.
Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing
regulation at 49 CFR Part 665 and shall perform the following:
1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall
provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which
will be prior to the recipient's final acceptance of the first vehicle.
2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility
that the report is available to the public.
3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical
configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to
recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall
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provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring
additional testing.
4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United
States before October 1, 1988, and is currently being produced without a major change in configuration or components), the
manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's
configuration and major components.
❑ CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS
The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this procurement complies
with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665.
The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal
financial assistance may subject the undersigned to civil penalties as outlined in the Department of
Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the
undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR
Part 29.
Date
Signature
Company Name
Title
9. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
49 U.S.C. 5323
49 CFR Part 663
Applicability to Contracts: These requirements apply only to the acquisition of Rolling Stack /Turnkey.
Flow Down: These requirements should not flow down, except to the turnkey Contractor as stated in Master Agreement.
Model Clause /Lanuuage: Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific
language to be included in third party contracts but does contain requirements applicable to subrecipients and third party
Contractors.
• Buy America certification is mandated under FTA regulation, "Pre -Award and Post - Delivery Audits of Rolling
Stock Purchases," 49 C.F.R. 663.13.
• "Buy America Requirements -- Surface Transportation Assistance Act of 1982, as amended,"
• 49 C.F.R. 661.12, but has been modified to include FTA's Buy America requirements codified at 49 U.S.C. A
53230).
Pre -Award and Post - Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. § 5323(1) and
FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications:
(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or
noncompliance with Buy America. If the Bidder /Offeror certifies compliance with Buy America, it shall submit
documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by
manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling
stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid
specifications.
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(3) Federal Motor Vehicle Safety Standards ( FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self -
certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement
that the contracted buses will not be subject to FMVSS regulations.
❑ BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS
FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT
(To be submitted with a bid or offer exceeding the small purchase threshold for Federal assistance programs, currently
set at $100,000.)
Certificate of Compliance
The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 53230)(2)(C),
Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations
of 49 C.F.R. 661.11:
Date
Signature
Company Name
Title
Certificate of Non - Compliance
The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section
53230)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended,
but may qualify for an exception to the requirements consistent with 49 U.S.C. Sections 5323(j)(2)(B) or
0)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and
regulations in 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
10. LOBBYING
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts: The Lobbying requirements apply to Ccrnstruc�ticrnll;- clkitectural and
Fragineeriiig14.cquisitioaa of Rolling ,S`foc•lu Profiscianal .Service Ctantract'Operational Service ContrcaetlTurnkelJ
contracts.
Flow Down: The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti - Lobbying
Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.
Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104 -65
[to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the
certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made
lobbying contacts on its behalf with non - Federal funds with respect to that Federal contract, grant or award covered by 31
U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
❑ Certification for Contracts, Grants, Loans, and Cooperative Agreements
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APPENDIX A, 49 CFR PART 20-- CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
The undersigned ( Contractor) certifies, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government
wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104 -65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act
of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Note: Pursuant to 31 U.S.C. § 1352(c)(1)- (2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
11. ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
Applicability to Contracts: Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flow Down: FTA does not require the inclusion of these requirements, in subcontracts.
Access to Records - The following access to records requirements apply to this Contract:
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1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator,
the Comptroller General of the United States or any of their authorized representatives access to any books, documents,
papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA
Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives,
including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at 49
U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simp4fled
acquisition threshold currerztiv sort at S.100700I.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition
threshold and is an institution of higher education, a hospital or other non - profit organization and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA
Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to
any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C.
5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)l) through other than
competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of
Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts
and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of
not less than three years after the date of termination or expiration of this contract, except in the event of litigation or
settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until
the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey
Construction
Architectural
Engineering
Acquisition
of Rolling
Stock
Professional
Services
I State Grantees
None
Those
None
None
None
None
a. Contracts below
imposed on
SAT ($100,000)
state pass
None unless'
thru to
Yes, if non-
None unless
None
None
b. Contracts above
$100,000 /Capital
non-
Contractor
competitive
non-
unless
unless non -
Projects
competitive
award or if
competi-
non-
competi -
award
funded thru z
tive award
competi -
tive award
5307/5309/5
tive award
311
II Non State
Grantees
Those
Yes3
imposed on
Yes
Yes
Yes
Yes
a. Contracts below
non -state
SAT ($100,000)
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b. Contracts above
Yes3
Grantee
Yes
Yes
Yes Yes
$100,000 /Capital
pass thru to
Projects
Contractor
Sources of Authority: '49 USC 5325 (a) ` 49 CFR 633.17 ' 18 CFR 18.36 (i)
12. FEDERAL CHANGES
49 CFR Part 18
Applicability to Contracts: The Federal Changes requirement applies to all contracts.
Flow Down: The Federal Changes requirement flows down appropriately to each applicable changed requirement.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and
FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
13. BONDING REQUIREMENTS
A Bid will not be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check,
a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in
the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of
the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid
Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and
deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates
of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will,
upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held
until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the
required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other
Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be
withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said
time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards
the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the
right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening,
unless otherwise agreed by the Purchasing Director and the Successful Bidder.
Flow Down: Bonding requirements flow down to the first tier Contractors.
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 a company 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.
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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)
A Contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a
contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts,
as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a
financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida
law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such
bonds or letters of credit shall be approved as to form by the County Attorney.
A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract Amount, the
costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall
meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed
via the web at www .fms.treas.gov /c570 /c570.html'- certified. Should the Contract Amount be less than $500,000, the
requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business
is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the
Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of
which shall be subject to the Owner's approval.
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 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
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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).
14. CLEAN AIR
42 U.S.C. 7606 et seq
40 CFR 15.61
49 CFR Part 18
Applicability to Contracts: The Clean Air requirements apply to all contracts tweeedhkg $100,000, including indefinite
quantities where the amount is expected to exceed $100,000 in any year.
Flow Down: The Clean Air requirements flow down to all subcontracts which exceed $100,000.
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional
Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or
in part with Federal assistance provided by FTA.
15. RECYCLED PRODUCTS
42 U.S.C. 6962
40 CFR Part 247
Executive Order 12873
Applicability to Contracts: The Recycled Products requirements apply to all contracts fir items designated hr the EPA,
when the purchaser or C.'ontractor ,procures S10.000 or more qf' one elf these items during, the fiscal year, or has
procured 510,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for
"recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions
involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a
fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.
Flow Down: These requirements flow down to all to all Contractor and subContractor tiers.
Recovered Materials - The Contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
16. DAVIS -BACON AND COPELAND ANTI - KICKBACK ACTS
Backilround and Application
The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee
construction contracts and subcontracts that "at least part i, are financed by a loan or grant from the federal
Goi,ernrnenr." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over
$2,000. 40 USC 3142(a), 40 USC 3145, 29 CFR 5.5(a). `Construction,' for purposes of the Acts, includes "actual
construction, alteration and /or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts
are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below.
Clause Lanauase
Davis -Bacon and Copeland Anti - Kickback Acts
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be
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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 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.
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(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 — Collier County 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 Collier County 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 l(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
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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 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
Collier County 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
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rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of
the journeyman's hourly rate) specified in the Contractor's or subContractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for
the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor
determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance
with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate
for the work performed unless they are employed pursuant to and individually registered in a program which has received
prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in
the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,
any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act requirements - The Contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
(6) Subcontracts - The Contractor or subContractor shall insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require,
and also a clause requiring the subContractors to include these clauses in any lower tier subcontracts. The prime Contractor
shall be responsible for the compliance by any subContractor or lower tier subContractor with all the contract clauses in 29
CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of
the contract, and for debarment as a Contractor and a subContractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon
and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the Contractor (or any of its subContractors) and the contracting agency, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor
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any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee
contracts and subcontracts "financed at least in part by loans or grants from ... the [Federal] Government." 40 USC
3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(1)(6). Although the original Act required its application in any
construction contract over $2,000 or non - construction contract to which the Act applied over $2,500 (and language to
that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an amount that is not
;greater than $100,000." 40 USC 3701(b)(3) (A)(iii).
The .4ct applies to construction contracts cruel, in very limited circumstances, non - construction prgjects that employ
"laborers or mechanics on a public work. " These non - construction applications do not generally apply to transit
procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707,
41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should
consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c)
must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation
from the model clause below should be coordinated with counsel to ensure the Act's requirements are satisfied.
Clause LanEUaLe
Contract Work Hours and Safety Standards
(1) Overtime requirements - No Contractor or subContractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in
paragraph (1) of this section the Contractor and any subContractor responsible therefore shall be liable for the unpaid
wages. In addition, such Contractor and subContractor shall be liable to the United States for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - XCollier County shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subContractor under any such contract or any other Federal
contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such Contractor or subContractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph (2) of this section.
(4) Subcontracts - The Contractor or subContractor shall insert in any subcontracts the clauses set forth in paragraphs (1)
through (4) of this section and also a clause requiring the subContractors to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for compliance by any subContractor or lower tier subContractor
with the clauses set forth in paragraphs (1) through (4) of this section.
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18. [RESERVED 1
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts: Applicable to all contracts.
Flow Down: Not required by statute or regulation for either primary Contractors or subContractors, this concept should
flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual
liability to third parties, absent specific written consent.
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the
Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or
liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subContractor
who will be subject to its provisions.
20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 3118 U.S.C. 1001
49 U.S.C. 5307
Applicability to Contracts: These requirements are applicable to all contracts.
Flow Down: These requirements flow down to Contractors and subContractors who make, present, or submit covered
claims and statements.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31
U.S.C. § 3801 et sec. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions
pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or
the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Federal Government under a contract connected with a project that is financed
in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the
Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to
the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subContractor
who will be subject to the provisions.
21. TERMINATION
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49 U.S.C. Part 18
FTA Circular 4220.117
Applicability to Contracts: All contracts (with the exception of'contracts with nonproft organizations and institutions
of higher education,) in excess of 510,000 shall contain suitable provisions for termination by the grantee including the
manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and
institutions ofhi, her education the threshold is 5100,000.) In addition, such contracts shall describe conditions under
which the contract may be terminated for default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the Contractor.
Flow Down: The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts
with nonprofit organizations and institutions of higher learning.
a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at
any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its
costs, including contract close -out costs, and profit on work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its
possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the
(Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in
accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the
manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the
Contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract
price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in
the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike,
fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a
new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination
for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for
breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the
notice of termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions
of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature
of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to
Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all
available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by
Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s
remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may
terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the
Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the
effective date of termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services
within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of
this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price
for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this
contract.
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If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the
Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform
the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails
to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The
(Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The
Contractor will only be paid the contract price for services performed in accordance with the manner of performance set
forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of
the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and
(Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be
resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the
(Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part,
with the diligence that will insure its completion within the time specified in this contract or any extension or fails to
complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the
(Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice
of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by
contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary
for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the
Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed
with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if-
1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or
negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another
Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight
embargoes; and
2. The Contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of
delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended.
The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes
clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the
delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the
convenience of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in
whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract
obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature,
extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue
all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings,
specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract,
whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the
contract price but shall allow no anticipated profit on unperformed services.
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If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by
contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the
Recipient.
j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any
portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for
convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the
manner in which the Contractor has failed to perform the requirements of the contract. The Contractor shall account for
any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by
the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid
the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid
the Contractor.
If the termination is for the convenience of the (Recipient), the 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 (Recipient) determines that the Contractor has an excusable reason
for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the Contractor,
the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as
a termination for convenience.
22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT)
BackEround and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update
to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549,
Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455,
Public Law 103 -355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level arpec•red to equal or exceed 525,000
as well as any contract or subcontract (cat any level) for Federally required auditing services. 49 CFR 29.220(b). This
represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from
$100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions."
Grantees, Contractors, and subContractors (at any level) that enter into covered transactions are required to verify that the
entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified.
They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c)
Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, Contractors, and subContractors who enter into covered transactions also must require the entities they contract
with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e.,
the requirement flows down to subcontracts at all levels).
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that
none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are
excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49
CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
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The certification in this clause is a material representation of fact relied upon by
. If it is later determined that the bidder or proposer knowingly rendered
an erroneous certification, in addition to remedies available to , 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.
23. PRIVACY ACT
5 U.S.C. 552
Applicability to Contracts: 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 apple to all
contracts.
Flow Down: The Federal Privacy Act requirements flow down to each third party Contractor and their contracts at every
tier.
Contracts Involving Federal Privacy Act Requirements - 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.
24. CIVIL RIGHTS REQUIREMENTS
29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Applicabilitv to Contracts: The Civil Rights Requirements apply to rill contracts.
Flow Down: The Civil Rights requirements flow down to all third party Contractors and their contracts at every tier.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of
the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of
1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying
contract:
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(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C.
§ 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et se g., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any
applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin,
sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § §
623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112,
the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission,
"Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,
pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal
assistance provided by FTA, modified only if necessary to identify the affected parties.
25. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220AF
Applicability to Contracts: All contracts in excess q 5100,000 shall contain provisions or conditions which will allow
for administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and
provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late
or inadequate performance, retained earnings, liquidated damages or other appropriate measures.
Flow Down: The Breaches and Dispute Resolutions requirements flow down to all tiers.
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be
decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and
conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be
binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under
this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act
or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages
therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of
damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question
between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by
arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is
located.
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Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise
imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a
waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an
approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
26. PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
Applicability to Contracts: Patent and rights in data requirements for federally assisted projects Oh'LY app4 to research
Rrgjec& 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.
Flow Down: The Patent and Rights in Data requirements apply to all Contractors and their contracts at every tier.
C0A'TRAC;T.S Ct'S VOL 1'111'G F.YPFR.T:1 FATTAL, DEI'ELOf'HF. NT,4L, OR RF..SF „4RCH 14'OR6.
A. Rights in Data - This following requirement applies 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 Purchaser or Contractor may not publish or reproduce subject data in whole or in
part, or in any manner or form, nor may the Purchaser 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 Purchaser 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 Purchaser 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
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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 Purchaser 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 Purchaser 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 Purchaser 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 Purchaser 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 Purchaser 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 Purchaser 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 Purchaser 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 Purchaser 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 Purchaser 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.
27. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
49 U.S.C. § 5310, § 5311, and § 5333
29 CFR Part 215
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Applicability to Contracts: The Transit Employee Protective Provisions apply to each contract for transit operations
performed Itr etmpIttyees of'a Contractor recognized by FTA to be a transit operator. (Because transit operations involve
many activities apart from directly driving or operating transit vehicles, FTA determines which activities constitute transit
"operations" for purposes of this clause.)
Flow Down: These provisions are applicable to all contracts and subcontracts at every tier.
Transit Employee Protective Provisions. (1) The Contractor agrees to the 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, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms
and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees
employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL
guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of
certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is
provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the
conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract
financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities
authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 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 U.S.C. S 5310(a)(2) for Elderly Individuals
and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal
assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines
in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and
the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the
Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of
49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions
are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative
Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in
compliance with the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Proiects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the
contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the
Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program
agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by
U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations
financed in whole or in part with Federal assistance provided by FTA.
28. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Background and Applicability
The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became
effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to
include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set,
reporting requirements, and replacement of DBE subContractors. Additionally, the DBE program dictates payment terms
and conditions (including limitations on retainage) applicable to all subContractors regardless of whether they are DBE
firms or not.
The DBE program applies to all DOT- assisted contracting activities. A formal clause such as that below must be included
in all contracts above the micro - purchase level. The requirements of clause subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29).
Grantee choices concerning retainage should be reflected in the language choices in clause subsection d.
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Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, 49 Code of Federal Regulations, Part 26, Participation by
Disadvantaged Enterprises in Department of Transportation Financial Assistance Programs. Collier Area Transit's
goal for DBE participation is 6 %.
b. A separate contract goal has not been established for this procurement.
c. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this
contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT - assisted contract. Failure by the Contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy as
Collier County deems appropriate. Each subcontract the Contractor signs with a subContractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)).
d. The successful bidder /offeror will be required to report its DBE participation obtained through race - neutral means
throughout the period of performance. In order to comply with the provisions of 49 CFR 26, the bidder /offeror
agrees to the following:
• Bid Opportunity List - shall submit with all Requests for Proposals and Invitations For Bid.
• Anticipated DBE Participation Statement — shall submit with all Requests for Proposals and Invitations For
Bid.
• DBE Directory — the bidder /offeror may use the online DBE directory, BizNet,
www. bipiii ewebapL)s.com/biznetfloi•ida;' to locate ready, willing, and able DBE's to perform sub - Contractor work
or sub - consultant work on USDOT assisted contracts.
• SubContractor Payment Report — shall submit monthly to comply with monitoring requirements of 49 CFR 26.
e. The Contractor is required to pay its subContractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the Contractor's receipt of payment for that work from Collier
County. In addition, the Contractor is required to return any retainage payments to those subContractors within
thirty (30) days after the subContractor's work related to this contract is satisfactorily completed.
f. The Contractor must promptly notify Collier County, whenever a DBE subContractor performing work related to
this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE
subContractor to perform at least the same amount of work. The Contractor may not terminate any DBE
subContractor and perform that work through its own forces or those of an affiliate without prior written consent
of Collier County.
29. [RESERVED 1
30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.117
Applicability to Contracts: The incorporation of FTA terms applies to all contracts.
Flow Down: The incorporation of FTA terms has unlimited flow down.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain
Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions.
All contractual provisions required by DOT, as set forth in FTA Circular 4220. IF, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any
act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
31. DRUG AND ALCOHOL TESTING
49 U.S.C. §5331
49 CFR Part 655
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Applicability to Contracts: The Drug and Alcohol testing provisions apply to Operational.Service Contracts.
Flow Down Requirements: Anyone who performs a safety- sensitive function for the recipient or subrecipient is required
to comply with 49 CFR 655, with certain exceptions for contracts involving maintenance services. Maintenance
Contractors for non - urbanized area formula program grantees are not subject to the rules. Also, the rules do not apply to
maintenance subContractors.
Introduction
FTA's drug and alcohol rules, 49 CFR 655, respectively, are unique among the regulations issued by FTA. First, they
require recipients to ensure that any entity performing a safety- sensitive function on the recipient's behalf (usually
subrecipients and /or Contractors) implement a complex drug and alcohol testing program that complies with Part 655.
Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus,
the recipient is not in compliance with the rules unless every entity that performs a safety- sensitive function on the
recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its
subrecipients and/or Contractors comply with them.
Explanation of Model Contract Clauses:
Collier County relies on the Contractor to implement a drug and alcohol testing program that complies with 49 CFR 655,
but retains the ability to monitor the Contractor's testing program; thus, the recipient has less control over its compliance
with the drug and alcohol testing rules than it does under option 1. The advantage of this approach is that it places the
responsibility for complying with the rules on the entity that is actually performing the safety- sensitive function. Moreover,
it reserves to the recipient the power to ensure that the Contractor complies with the program. The disadvantage of Option
2 is that without adequate monitoring of the Contractor's program, the recipient may find itself out of compliance with the
rules.
Drug and Alcohol Testing
The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655,
produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of
the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of
State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug
and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The Contractor agrees
further to certify annually its compliance with Part 655 before (insert date) and to submit the Management Information
System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving
information). To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of
Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published
annually in the Federal Register.
32. ADA Access
49 U.S.C. §5301
Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the
Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use
public transportation services and facilities, and that special efforts shall be made in planning and designing those services
and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The
Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as
amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with
Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and
services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42
U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with
disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with
disabilities to the extent applicable.
33. ITS Standards
5206(e)
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Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105 -178, 112 Stat. 547, pertaining to
conformance with the National Intelligent Transportation Systems Architecture and Standards.
All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and
interoperability tests that have been officially adopted through rulemaking by the United States Department of
Transportation (US DOT).
The enclosed document, "FTA National ITS Architecture Consistency Policy for Transit Projects, Additional
Grantee Guidance," is intended to provide additional clarification and to highlight resources that are available.
34. ARRA SPECIAL TERMS AND CONDITIONS
Pub. L. 111 -5
Sections 1512,1605 and 1606
2 CFR Part 176
The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to preserve and create
jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase
economic efficiency by spurring technological advances in science and health, invest in transportation, environmental
protection, and other infrastructure that will provide long -term economic benefits, stabilize State and local government
budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases.
The Contractor shall comply with all terms and conditions in the Recovery Act relating generally to governance,
accountability, transparency, data collection and resources as specified in Act itself and as discussed below.
Reporting and Registration:
The Contractor agrees to the following reporting and registration requirements of Section 1512 of the American Recovery
and Reinvestment Act and in accordance with 2 CFR § 176.50:
(a) This award requires the Contractor to report on the use of Recovery Act funds provided to complete projects or
activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) including but not
limited to jobs data. Information from these reports will be made available to the public.
(b) The reports are due no later than five calendar days after each calendar month in which the Contractor has performed
work or provided services funded in whole or in part by the Recovery Act.
(c) Contractors must maintain current registrations in the Central Contractor Registration (http: / /www.ccr.gov) at all times
during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (http: / /www.dnb.com) is one of the requirements for registration in the Central
Contractor Registration.
(d) The Contractor shall report the information described in section 1512(c) of the Recovery Act using the reporting
instructions and data elements that are provided online at http: / /www.FederalReporting.gov.
Authority of the Comptroller General:
Section 902 of the ARRA of 2009 provides the U.S. Comptroller General and his representatives the authority:
(1) to examine any records of the Contractor or any of its subContractors, or any State or Local agency
administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and
(2) to interview any officer or employee of the Contractor or any of its subContractors, or of any State or Local
government agency administering the Contract, regarding such transactions.
Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided under
Section 902 of the ARRA with respect to this Contract, which is funded with funds made available under the ARRA.
Section 902 further states that nothing in this Section shall be interpreted to limit or restrict in any way any existing
authority of the Comptroller General.
Buy American:
Section 1605 of the Recovery Act prohibits use of recovery funds for a project for the construction, alteration, maintenance,
or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are
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produced in the United States. The law requires that this prohibition be applied in a manner consistent with U.S. obligations
under international agreements, and it provides for waiver under three circumstances:
(a) Iron, steel, or relevant manufactured goods are not produced in the United States in sufficient and reasonably available
quantities and of a satisfactory quality;
(b) Inclusion of iron, steel, or manufactured goods produced in the United States will increase the cost of the overall project
by more than 25 percent; or
(c) Applying the domestic preference would be inconsistent with the public interest.
Wage Rate Requirements:
Section 1606 of the Recovery Act requires that all laborers and mechanics employed by Contractors and subContractors on
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery
Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined
by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to
Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29
CFR parts 1, 3, and 5 to implement the Davis Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies
concerning application of the standard Davis Bacon contract clauses set forth in that section.
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