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Appropriation for $431,400 /updating and replacing the Polic
Dept. ID PD-16-008 Page 1 of 2 Meeting Date: 6/6/2016 Approved 6-0-1 (Posey-Absent) CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/6/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Robert Handy, Chief of Police SUBJECT: Approve an appropriation in the amount of$431,400 for updating and replacing the Police Department's Jail and Civic Center video and monitoring system, and authorize the Chief of Police to expend these funds Statement of Issue: The City Council is requested to appropriate $431,400 to update and replace the existing Jail and Civic Center camera and monitoring system which is several years beyond its projected operational life and is experiencing malfunctions causing the loss of critical video. Financial Impact: The existing funds for this request are available through Property and Evidence Fund 216 for $140,000; Proposition 69 Fund 955 for $62,588; AB 109 Public Safety Fund for $128,812; and the remaining $100,000 will be from the $350,000 fiscal year end General Fund for City Facility Security Enhancements. Recommended Action: A) Appropriate $431,400 for the equipment replacement system upgrade of the jail, property and Civic Center video system in the funds and by the amounts contained in Attachment 1. B) Authorize the Chief of Police to spend these funds to purchase the new video system from CelPlan to upgrade and integrate the jail, property, and Civic Center camera systems. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The Huntington Beach Police Department Jail has a fiduciary and legal obligation to store inmates' property, protect the inmates' well-being, provide evidence for prosecution, and minimize the liability associated with claims, injury, or other unusual occurrences as well as provide a safe work environment for our Staff. Our jail currently books over 5,000 arrestees and their property each year. Upgrades and improvements are needed in video monitoring and video retention to ensure the safety and security of the persons in our custody and to our Staff. In 2006, a video system was installed in the jail for the purposes of monitoring, recording, and retaining images of intake, housing, and release of inmates and their property. The system has been essential in preventing in-custody suicides, providing supporting evidence in criminal cases, resolving claims against the City, documenting the return and appropriate handling of inmates' property and alerting officers of medical emergencies so they could take action to avoid dire Dept. ID PD-16-008 Page 2 of 2 Meeting Date: 6/6/2016 circumstances. Due to the age of the technology, unsupported software, increasingly frequent failures of hardware, it has become necessary to replace the existing system. Further, the existing Jail and Civic Center video data storage hardware was not properly located in a cooled server room, which will be corrected with this requested upgrade to the system. This old system also covers the Civic Center campus exterior, and key security points of the Civic Center interior. It is monitored within the Police Department Communications Center which is staffed 24 hours per day. The quality of the video will be greatly enhanced through the application of current technology and a reduction in staff time required to retrieve and edit necessary video will be realized through new, more efficient system software. On November 15, 2015, the City Council approved the first part of this video system upgrade by CeIPIan. However, a large portion of the video system is still on the old analog technology. This request will finish the upgrade combining the downtown video cameras, property unit cameras, jail cameras and Civic Center security video into one system, with current technology with a consolidated management system. By combining all these areas as part of the same system, we will allow for inter-operability, reduce staff training time, and minimize cost associated with storage and maintenance. The data storage servers will be relocated to increase property room storage and limit maintenance access to key facilities in the department and thereby enhance property room and building security. The City Workplace Safety Committee has recommended the Civic Center Plaza video camera system being upgraded as part of their review on workplace safety systems and processes. The current system is analog with limited video quality and proprietary software that is time consuming to use. By upgrading the system it will increase video quality and ease of use. Funding the replacement of the Jail and Civic Center's video system will enable the Police Department to conform to jail industry standards and federal legal parameters regarding security, detention, and viewing of housed inmates and their property. Additionally, it will enhance compliance with state and federal regulatory requirements and minimize potential liability exposure. The proposed vendor is the same vendor utilized for our Downtown camera system and was selected for this project through an inter-agency agreement with the City of Long Beach. Long Beach selected Celplan through a competitive bid process for a similar system in late 2015. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain public safety. Attachmentfs): 1) Funding statement for Recommended Action A 2) CeIPIan Proposal HUN160428 (Campus Ph1 and Ph2) 3) Certificate of Liability Insurance 4) Long Beach Transit RFP Interagency documents Attachment 1 Funding for Police Department's Jail & Civic Center Video & Monitoring System APPROPRIATION INCREASE Fund No Fund Name Appropriation Dept 100 General Fund 100,000 Non-Departmental 216 Property & Evidence 140,000 Police 955 Prop 69 Funding 62,588 Police 979 AB109 Public Safety Realignment 128,812 Police TOTAL 431,400 lPWf4 NtVWI! tessG(obadTechnodogies c '" ..'"^"°9... .... CELPLAN PROPOSAL FOR PHASED .TAIL / CAMPUS SURVEILLANCE CAMERA SYSTEM UPGRADE FOR CITY OF HUNTINGTON BEACH, CALIFORNIA APRIL 28,2016 RESTON,VIRGINIA/SAN DIEGO, CALIFORNIA Ref. No.:HUN160428 Table of Contents Table of Contents LISTOF FIGURES...............................................................................................................1V LISTOF FIGURES................................................................................................................ V EXECUTIVESUMMARY......................................................................................................A 1. QUALIFICATIONS,RELATED EXPERIENCE &REFERENCES.................................1-0 1.1 CELPLAN TECHNOLOGIES,INC. .............................................................................. 1-1 1.2 CELPLAN'S W14NET DIVISION ............................................................................... 1-2 1.3 CELPLAN PARTNERS............................................................................................... 1-3 1.3.1 Local Partner........................................................................................................................... 1-3 1.4 COMPANY CONTACT INFORMATION........................................................................ 1-4 1.5 CELPLAN EXPERIENCE............................................................................................ 1-4 1.6 REFERENCE LISTING ............................................................................................... 1-8 2. STAFFING AND PROJECT ORGANIZATION.............................................................2-0 2.1 ORGANIZATION AND KEY PERSONNEL....................................................................2-1 2.2 PROJECT MANAGEMENT PERSONNEL......................................................................2-2 2.3 PROJECT TEAM ORGANIZATION..............................................................................2-3 2.4 CELPLAN RESUMES ................................................................................................2-3 2.5 PROJECT PLAN........................................................................................................2-5 2.6 PROJECT APPROACH................................................................................................2-5 2.7 COMMITMENT TO SAFETY AND CUSTOMER SATISFACTION.....................................2-5 2.8 TECHNOLOGY AND STRATEGIC PROJECT PLANNING...............................................2-6 2.8.1 "Best of Breed"Design Approach...........................................................................................2-6 3. WORK PLAN..........................................................................................................3-0 3.1 DESIGN HIGHLIGHTS...............................................................................................3-1 3.2 CAMERA SYSTEM DESIGN.......................................................................................3-2 3.2.1 Camera Selection.....................................................................................................................3-2 3.2.2 Camera Summary By Location................................................................................................3-4 3.2.3 Video Analytics.......................................................................................................................3-5 3.3 POLE CAMERA ENCLOSURE(OPTIONAL) ................................................................3-6 3.4 SURVEILLANCE CAMERA/ENCODING SYSTEM.......................................................3-7 3.4.1 Camera Options.......................................................................................................................3-7 3.4.2 Camera Optical Zoom..............................................................................................................3-7 3.4.3 Video Frame Rate,Resolution and Encoding..........................................................................3-8 3.5 ALPR CAMERA DESIGN .......................................................................................3-11 3.5.1 Manufacturer Options and Models........................................................................................3-11 3.5.2 General Guidelines................................................................................................................3-12 3.6 MANAGEMENT SYSTEM, SERVER AND STORAGE DESIGN .....................................3-13 3.6.1 General Management System Architecture...........................................................................3-13 3.6.2 Proposed Security Management Solution Software..............................................................3-14 CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page ii Table of Contents 3.6.2.1 Omnicast Surveillance Camera Management....................................................................3-15 3.6.3 Access Control Integration....................................................................................................3-17 3.6.4 ALPR Camera Management..................................................................................................3-18 3.6.5 Server&Storage Architecture..............................................................................................3-19 3.6.6 Command Center Solution....................................................................................................3-19 3.7 VIDEO ANALYTICS................................................................................................3-20 3.8 DEPLOYMENT SERVICES .......................................................................................3-21 3.9 TRAINING..............................................................................................................3-22 3.10 MAINTENANCE..................................................................................................3-22 4. COST AND PRICE PROPOSAL.................................................................................4-0 4.1 PHASE 1 -JAIL ........................................................................................................4-1 4.2 PHASE 2-REMAINING CAMPUS ..............................................................................4-2 4.3 NOTES,TERM AND CONDITIONS .............................................................................4-3 5. REQUIRED FORMS/CERTIFICATIONS ..................................................................5-0 ANNEX A—GLOSSARY AND ACRONYMS ............................................................................. ANNEXB—UNITS ................................................................................................................. ANNEX C—TECHNICAL DOCUMENTATION ........................................................................ ANNEX D—WHITE PAPERS ................................................................................................. ANNEXE—RESUMES ........................................................................................................... ANNEX F—REFERENCE DOCUMENTATION ........................................................................ ANNEX G—MAINTENANCE TERMS ..................................................................................... CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page iii List of Figures List of Figures FIGURE 1 CELPLAN HEADQUARTERS............................................................................... 1-1 FIGURE 2 EXAMPLE RF COVERAGE ANALYSIS WITH"CELPLANNER"TOOL.................... 1-2 FIGURE 3 W14NET'S FLEXIVIDEO SOLUTION DEPLOYED FOR LONG BEACH PD.............. 1-3 FIGURE 4 ORGANIZATION CHART.....................................................................................2-1 FIGURE 5 MODULAR"ONE-BOX"WIRELESS CAMERA APPROACH(REFERENCE DRAWING ONLY) ...................................................................................................................3-7 FIGURE 6 GENERIC SYSTEM DIAGRAM...........................................................................3-14 FIGURE 7 GENETEC"OMNICAST"SCREEN CAPTURE......................................................3-16 FIGURE 8 TRACKING FEATURE IMAGE............................................................................3-17 CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page iv List of Tables List of Tables TABLE 1 SECURITY INDUSTRY TRANSITION.....................................................................2-7 TABLE 2 OPTICAL ZOOM AND RESOLUTION.....................................................................3-8 TABLE 3 NTSC PIXEL RESOLUTION.................................................................................3-8 TABLE 4 DATA RATES FOR UNCOMPRESSED FRAMES ......................................................3-9 TABLE 5 DATA RATES FOR LOW MOTION COMPRESSED FRAMES....................................3-9 TABLE 6 DATA RATES FOR HIGH MOTION COMPRESSED FRAMES ...................................3-9 TABLE 7 DATA RATES FOR AVERAGE MOTION COMPRESSED FRAMES..........................3-10 TABLE 8 COMPRESSION TECHNIQUE COMPARISON(AT 15 FPS) ....................................3-10 TABLE 9 ALPR CAMERA COMPARISON .........................................................................3-11 TABLE 10 STORAGE CALCULATIONS..............................................................................3-19 CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page V ItIl CelPlan® W T 4 N e f si rreiess Global Technoiogies w A.,=..... .. Executive Summary Ref. No.:HUN760428 Executive Summary CelPlan Technologies, Inc. ("CelPlan") is pleased to provide the City of Huntington Beach (referred to as "Customer") with this proposal for the phased provision of a turn- key Jail/ Campus Camera Surveillance System Upgrade (with the jail portion as Phase 1), in follow up to various site reviews in recent weeks and months, and as a continuation of prior contracts and work performed with the City already. Organization of Proposal Our proposal is organized as follows: Chapter & Title • Table of Contents • Executive Summary • Chapter 1: Qualifications, Related Experience and References • Chapter 2: Proposed Staffing and Project Organization • Chapter 3: Work Plan • Chapter 4: Cost and Price Proposal • Chapter 5: Required Forms &Certifications The annexes present detailed background information, such as technical documentation (data sheets), white papers,references, and maintenance terms. Summary of Proposal Features CelPlan was one of the first companies in the industry to start focusing on large-scale, multi-site, IP-based citywide surveillance solutions, and has deployed turn-key solutions nationwide since 2006. As a result, we understand very well the ideas and concepts of City of Huntington Beach, and we are proud to herewith provide you our proposed solution. Central to our proposal is our unique experience, our"best-of-breed" component selection, and smart design. Some of the features of our proposal are summarized below: (1) CelPlan's Experience: Since 2006, CelPlan has been involved with some of the largest complex, multi-site, citywide surveillance projects and largest cities in the country (including Los Angeles, Long Beach, Richmond, Milwaukee, Las Vegas, etc.), including many systems with hundreds of cameras. Besides its track record with larger cities, CelPlan has also worked with - - ---- �x� _ smaller cities and government e wil+rtofen ue �^'^^�^'n wmaa o�dc asuuk of Turlock man agencies around the country, with a unique focus on complex, multi-site style camera systems that are the rnea�.o;ca+�e focus of the RFP. Our prior systems se+Wtt+Dpe+ro in<auA have included a combination of PTZ cameras, fixed cameras, and ALPR CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page vii Executive Summary cameras. We have many local deployments that would be suitable for a site-visit. Unique is our deep understanding of technology, as evidenced in two published books, published with Wiley. We are currently in the process to write a book for Wiley about public safety surveillance systems design. Note also two articles we have written about surveillance are included in Annex D. We are also a frequent speaker at conferences. Designing cdma2 111 Videoetwork Systems AM- WIMAX and LTE Network Design, as Optimization and Performance Analysis ILEY (2) "Best-of-Breed"Approach: We always design our systems from the ground up based on an open-architecture concept in all aspects of the system (or"Best-of-Breed" approach). You can change one component without changing the whole system. As a rule, our starting point is to find the best possible design for a certain requirement, and we do not compromise on quality. We use leading products in all categories (with Axis for cameras, Genetec software and Dell for servers). (3) Smart and Effective Design: We have put a lot of engineering effort into evaluating the ideal camera models and type. We strongly recommend camera models from Axis, as in our experience their performance and reliability is unsurpassed. Also, their encoding engine is the best and most efficient, which assists us in keeping the storage amounts manageable. We recommend further to expand on the Genetec software solution, which is still the technology leader by several years in this industry, in our opinion. There is basically a continuation of the components suggested in prior contracts with the City. Commitment to Huntington Beach Finally, CelPlan wants to express its commitment to the City of Huntington Beach, in the project and in general. We understand this project must provide a sustainable, scalable, state-of-the-art solution, and CelPlan targets to team and collaborate with the Customer to assure the best possible outcome in this project. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page viii ItIll CelPlan® W 4 N e t- sirreiess Global Technoiogies o . ,:_ , 1.11". ,... e..... .. 1 . Qualifications, Related Experience & References Ref. No.:HUN760428 Qualifications, Related Experience &References This chapter describes CelPlan, its qualifications, teaming partners and experience. 1.1 CelPlan Technologies, Inc. CelPlan Technologies, Inc. (a Virginia company) is a privately-held wireless technology company, established in 1995, and wholly owned subsidiary of CelPlan International, with about 750 employees worldwide. The company is headquartered in Reston, VA, and has various US-based satellite offices; Miami area, Chicago area, Los Angeles area, San Diego area and Seattle area. Furthermore, CelPlan has strong global presence through local offices in South America, Asia and Africa. CelPlan Technologies, Inc. can act as prime contractor and has its corporate offices at 1920 Association Drive, 41h Floor, Reston, VA 20191 and our federal corporate ID number is 54-1766195. Bids are presented by the following individuals, both authorized to execute agreements for the company: • Mr. Leonhard Korowajczuk, CEO/CTO, phone 703-259-4022, leonhard@celplan.com • Mr. Jasper Bruinzeel, VP of Marketing &Sales, phone 760-274-4214, jasper@celplan.com CelPlan Technologies, Inc. has the required financial capability and funding to undergo major citywide or regional projects. CelPlan Technologies, Inc. is totally debt free and has a good reserve to develop its projects. CelPlan is presenting strong growth, and company financials can be shared on confidential basis. (Dun & Bradstreet: 87-906- 1281). Already, CelPlan has successfully implemented similar projects, including large- scale projects for major cities, including the City of Los Angeles and Long Beach. No past or current legal actions exist against CelPlan. CelPlan is not debarred, suspended or otherwise ineligible with any federal, state or local agency. CelPlan is a bondable company. y 1 l k I `• ♦ t' r.; Figure 1 CelPlan Headquarters CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 1-1 Qualifications, Related Experience &References CelPlan is a leading provider of advanced Radio Frequency ("RF") software planning tools for the purpose of wireless network planning. The industry-leading "CelPlanner" suite supports multiple technologies, including the most advanced technologies such as LTE, DVB-H, Mobile WiMAX and the latest WiFi standards. Also, the company offers a unique family of drive-test tools ("CelSignal") for automated characterization of wireless networks. CelPlan features an extensive customer list, and has provided its tools and professional services to the world's leading carriers (incl. Verizon and Sprint), communications solutions providers (incl. Ericsson and NSN) and integrators (incl. Lockheed Martin and Northrop Grumman). Based on its tools and professional services team, CelPlan can offer the Customer unsurpassed services in this project, in terms of wireless network planning and configuration, to guarantee optimum performance. iai.i JJJ UWcklWtl�IWlN sl§W Yl rXAwl�'91��9fr1N �'Gt`i S � , n. Figure 2 Example RF Coverage Analysis with "CelPlanner" Tool 1.2 CelPlan's Wi4Net Division Due to the growing demand with government and public safety agencies for multi-site, IP-based large-scale and citywide surveillance systems, CelPlan brings its Wi4Net division, committed to the development and deployment of integrated (IP-based) surveillance solutions for public safety and government organization. Our group is focused on more complex design problems, including issues such as bandwidth and processing of large numbers of cameras, high-capacity fiber networking, wireless connectivity, multiple locations, legacy system integration, video analytics, ALPR, and gunshot detection. Already in May 2005, CelPlan/Wi4Net introduced its multi-site, IP-based surveillance systems to Cities and public safety organizations, throughout the United States, and has executed various multi-million dollar contracts. Since then, many large government entities have contracted with CelPlan, including the Los Angeles, Las Vegas, Milwaukee, Long Beach, Richmond, McAllen and others. In the transit space, CelPlan was recently awarded a multi-year contract with AMTRAK, with the initial task order exceeding $4M. Generally, CelPlan has provisioned turn-key solutions for its customers, including camera units, fiber or wireless infrastructure, fully equipped monitoring centers CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 1-2 Qualifications, Related Experience &References (including large-capacity (SAN) storage solutions), IP-based video management software, vehicle-based connectivity and comprehensive maintenance plans. Figure 3 Wi4Net's FlexiVideo Solution Deployed for Long Beach PD 1.3 CelPlan Partners CelPlan offers the Customer a turn-key solution, providing project management, network design, installation, system commissioning and training. Based on its "best-of-breed" approach, we work exclusively with leaders in each of the segments of the market. For this surveillance project, CelPlan introduces leading companies as partners, and a local subcontractor for superior installation and maintenance support. The main technology team partners include Axis (cameras), Genetec (surveillance software), and Dell (hardware). AXISGENETEC 1.3.1 Local Partner In terms of the overall project team, in all projects, CelPlan generally complements its own staff and specialty expertise with local resources to support the local economy, build local knowledge of these highly complex systems, but at the same time, assure fast response times and flexibility in installation and maintenance activities. We have various partners locally in the LA area that we worked with in the past. In this project, we introduce our partner Power-Comm Technologies, Inc. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 1-3 Qualifications, Related Experience &References 1.4 Company Contact Information For follow up to this proposal, communication can be addressed to: Jasper Bruinzeel, Vice President of Wi4Net Division CelPlan Technologies, Inc. 1920 Association Dr., 41h Floor Reston, VA 20191 (Actual,physical address in in Southern California) Main: (703) 259-4020 Cell: (760) 274-4214 Fax: (703) 476-8964 E-mail: jasper@celplan.com Note that Mr. Bruinzeel is locally based in Southern California, and will be available to locally support the project as needed. 1.5 CelPlan Experience Wi4Net represents unique experience in providing turn-key large-scale surveillance solutions to public safety and government organizations. Wi4Net customers include the City of Los Angeles, the City of Las Vegas, the City of Long Beach, the City of Richmond and the City of Milwaukee. The City of Long Beach deployment (dating back to 2006!) is still considered one of the first and largest, citywide video surveillance systems deployed in the United States, and generally considered a showcase of what is possible in wireless surveillance. Multiple deployments have grown many hundreds of cameras. CelPlan has a particularly strong presence in California, with various local company locations, local partnerships (including our Oakland based subcontractor part of this project) and (government) customer projects for Los Angeles, Long Beach, Culver City, San Bernardino, Modesto, Pasadena, Ventura County, Huntington Beach, Rancho Santa Margarita, Arcadia, Glendale, LAX, University of California Santa Barbara, University of California Berkeley, CalTrans, Bell Gardens, and others. CelPlan's unique pole camera product (for remote video applications), developed and manufactured in-house, was launched to the market in 2006, and is now in its fifth product generation. The product is field-proven with many hundreds of units deployed in the market. This component is a cornerstone in the design for this project. The Long Beach project is highlighted below, along with the Las Vegas, McAllen, Milwaukee, Reading, Modesto and Los Angeles projects. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 1-4 Qualifications, Related Experience &References Long Beach, CA Currently several hundreds of cameras, with a portion as wireless system. Original command center with six 40" screens and four 17" screens, along with 18 TB storage area network solution. Downtown wireless cameras exclusively using the 4.9 GHz band for all video streaming, all cameras connect wirelessly to a single aggregation point. The system is live monitored during critical s times, such as Friday and Saturday nights. This system, initially deployed in 2006 was considered the first and largest wireless mesh, downtown camera project in the United States. Since the initial phases of the project, the system has been expanded to included many facility systems throughout the City, including the goal of interoperability. The interoperability plan includes integration with Long Beach Airport and Port of Long Beach. ka zz e v Las Vegas, NV Initially a 50-camera system, the Las Vegas system now includes about 200 camera connections, with the solution supporting also downtown wireless PTZ pole camera systems, in addition fixed and temporary uses. Las Vegas police department also uses the system for various covert operations. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 1-5 Qualifications, Related Experience &References McAllen, TX With a focus on downtown sections and City parks, the initial phase of the McAllen project includes 100+ cameras. With a strong emphasis on license plate recognition, the system features a mix of PTZ and fixed megapixel cameras. Already, the system was expanded to 150+ cameras, including integration with convention center security system and other facility cameras and systems. The system is based on a hybrid fiber-wireless mesh backhaul infrastructure. Milwaukee, WI With a 60+ node wireless mesh network design, the system provides coverage throughout the City's 96 square mile, and supports 7 districts and 7 district offices. The initial phase deployed 15 wireless cameras, with additional expansion phases adding 3, 12, 7 and 4 cameras for a current total of 41. The central command center, monitored 24/7, features a server with Storage Area Network supporting 30 TB of storage capacity (for 120 days of storage). 24/7 monitoring staff supports the police operations, and improves efficiencies. Many successes have been covered in the media. Security Cameras On Milwaukee Streel Corners Help Calch Criminals Crime cameras =- iWASHIN70 EVEKathy MYKLEBY To CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 1-6 Qualifications, Related Experience &References Reading, PA In an effort to reduce crime, and improve the City, the City of Reading and Police Department have deployed initial phases with currently 28-cameras, with plans to expand to 75. The system is live monitored at most times, and has provided many successes from the start. On average, 45-60 minutes of relevant footage is extracted every week for purposes of evidence, which is among the highest rates of any system. The system features a hybrid fiber—wireless infrastructure with mobility mesh access layer for access to vehicles and other purposes. r Modesto, CA In this project, CelPlan designed and implemented for the City of Modesto an IP-based centralized surveillance solution, to reach critical locations in the down-town area, but also integrate with the largest local shopping mall security system, and various municipal in-building security systems, such as the police department, bus yard and transit center (expanded to 100+ cameras). Backhaul design is a fiber-wireless hybrid solution. The system has been highly successful and assisted in solving about 20 cases within the first 12 months of operation, including prevention and arrest of four perpetrators in a case of rape and murder attempt in progress. l i 1. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 1-7 Qualifications, Related Experience &References Los Angeles, CA In this project, CelPlan was awarded an initial contract for four of LAPD's police area stations to establish local camera systems for high crime areas/hotspots in the area for monitoring from the local area stations. The initial contract award includes systems for Mission, Foothill, Topanga and West Valley, with expansions planned for Southwest (completed) and other area stations. The goal of the contract has been to establish a standard for citywide surveillance system throughout the City of Los Angeles. All deployed systems have had immediate successes covered in the media. Consistent (CelPlan) wireless IP-based camera technology was also deployed at the perimeters of LAX airport. Irk Y a 1 ,47 Mobil • ITXEEE M 1.6 Reference Listing To augment to previous summary of CelPlan's experience with similar complex camera deployments, this section provides specific reference information including also contact information. City Of Los Angeles (Police Dept.) Contact: Sandy Russell Phone : +1 (213)486-7054 E-mail : G9461@Iai)d.lacity.org Description: Contract implementation for wireless camera systems for multiple area stations within the City of LA.Initial contract award of$1.3M included Mission, Topanga, West Valley and Foothill Area Stations. Expansions with Southwest and 77`h division. Others in planned stages. Cameras cover high crime areas, including Housing Authority locations throughout Los Angeles. CelPlan also provided wireless camera systems for LAX(airport)perimeter protection. Still under contract for maintenance services.Initial contract in October 2012, with various expansions. Currently, system is under contract for maintenance purposes. (Key field staffing including Paulo Leite, Gary Tarbell,Nikhil Mathur and Leo Korowajczuk.) CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 1-8 Qualifications, Related Experience &References City of Modesto (Police Dept.) Contact: Fabian Zacharia Phone : +1 (209)342-9128/+1 (209) 652-6137 E-mail : facharia@modestogov.com Description: A 100+-camera wireless camera system, complete with monitoring center and SAN storage. Citywide downtown mesh system, including also integration of building cameras at City facilities.Initial contract from December 2008, with expansions 2010/2012(2x)/2014 (5x); still under contract for maintenance services.Project budget of$1M in multiple phases. (Key field staffing including Paulo Leite, Gary Tarbell and Nikhil Mathur.) City of Richmond Jim Bailey Phone : +1 (804) 640-6816 E-mail : jbailey@ociofvirginia.com Description: A large-scale camera systems for entire Port of Richmond area, includes PTZ cameras (including analytics features), fixed cameras and ALPR cameras. System uses WiMAX-style redundant backhaul technology, along with WiFi based access layer. Software is enabled to enable access by hand-held devices (such as iPhone, iPad, PDA, etc.). Contract needed to be completed within a very tight, 2 month window, which Ce1Plan performed successfully.Project includes servers, and monitor systems. Budget of $400k+. Initial contract July 2012; still under contract for maintenance services. (Key field staffing including Paulo Leite,Nikhil Mathur and Leo Korowajczuk.) City Of Huntington Beach (Police Dept.) Lt. Kelly Rodriguez Phone : +1 (714) 536-5587/(714)642-9243 E-mail : krodriguez@hbpd.org Description: In initial phases, the project includes a combination of wireless fixed and PTZ megapixel cameras to cover the downtown areas. System uses WiMAX-style backhaul technology, to bridge several miles between the cameras in the downtown and the municipal campus area. Software is enabled to enable access by hand-held devices (such as iPhone, iPad, PDA, etc.). Phase 2 is currently in deployment, with goal of implementation in 1.5 months.Project includes servers, and monitor systems. Budget (initial phases) of$350k.Initial September 2013, with first expansion in April 2014; still under contract for maintenance services. (Key field staffing including Paulo Leite,Nikhil Mathur and Gary Tarbell.) CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 1-9 ItIl CelPlan® W 4 N e t- sirreiess Global Technoiogies o . ,:_ , 1.11". ,... e..... .. 2. Staffing and Project Organization Ref. No.:HUN760428 Proposed Staffing and Project Organization This chapter focuses on a description about the organization, key personnel, project plan and project strategy. The next chapter will further discuss the technical custom design specifically for this project, and individual components (such as cameras, software, etc.). 2.1 Organization and Key Personnel CelPlan has a strong, experienced team focused on its Wi4Net activities. The following details the related organizational management structure of the Wi4Net division. CEO/CTO Leonhard Korowajczuk Director, Finance VP, Technical/ Director, Systems Director, R&D Director, /HR Marketing/Sales Program Director Engineering Aluisio Ribeiro Operations Eliani Korowajczuk Jasper Bruinzeel Paulo Leite Karla Chagas Wagner Mello Sr.Systems Sr. Systems Sr. Network Lead Technician Quality&SupportPipa�yone ction Engineer Engineer Engineer Gary Tarbell Manager ager Nikhil Mathur Zarci Cotias Leo Korowajczuk Cristine Crompton Pavone Figure 4 Organization Chart Most employees have been with the company for many years, and provide for a reliable, stable work-force, with most employees having an interest in the company. Each of the employees has been carefully selected, and often recruited using trusted references, or based on prior relationships. The employees of CelPlan are the core asset of the company, with a strong dedication to customer satisfaction and keeping customer commitments. The engineering team has a strong educational background, typically with bachelor or master degree engineering studies completed. Some of the core engineering individuals that may get involved in the project include (number of years with company indicated): • Zarci Cotias (7 year) • Cristine Crompton (15 years) • Leo Korowajczuk(11 years) • Paulo Leite (18 years) • Nikhil Mathur (9 years) • Wagner Mello (16 years) CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 2-1 Proposed Staffing and Project Organization • Jayne Pavone (9 years) • Aluisio Ribeiro (18 years) • Karla Chagas (8 years) • Gary Tarbell (7 years) 2.2 Project Management Personnel Our organization has deployed large, multi-million complex camera surveillance projects since 2006. We have developed a proven system of deployment, were a"project team" is instituted, rather than a single person "project manager". Also, we augment our team with a strong local partner. For this project, Paulo Leite is proposed as the program director, with overall project responsibility. In addition, we will be assigning a field project manager (probably Gary Tarbell (based in Long Beach, CA), responsible for local day-to-day customer interaction, day-to-day decision making, staffing management and safety matters. Both individuals have been involved with high-profile projects for the company, including the references with Milwaukee (Paulo), Modesto (both), Long Beach (both), Los Angeles (both) and others. Additional project team members will be assembled upon contract award. Contact information is provided as follows: Paulo Leite, Technical Director CelPlan Technologies, Inc. 1920 Association Dr., 41h Floor Reston, VA 20191 Main: +1 (703) 259-4020 Direct: +1 (703) 259-4025 Fax: +1 (703) 476-8964 E-mail: Paulo@celplan.com CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 2-2 Proposed Staffing and Project Organization 2.3 Project Team Organization As stated, a"project team" is assigned, rather than an individual "project manager". In regards to the proposed project team, the following project chart is provided: Sr.Business&Technical Management Leonhard Korowajczuk trGn t rTr] Account Manager Pro act Manager Gel Plan Jasper Bruinzeel Paulo Leite (VP,Wi4Net) (Technical Director) Field Proiect Manager Pro act Manager Installer Gary Tarbell(tentative) (Troy Thomas) In addition, we plan to assign locally-based Nikhil Mathur as key project engineer/ assist project manager. In terms of CelPlan back-up staffing, back-up personnel is available within CelPlan's core team, for the various key project team positions, including Leo Korowajczuk, Aluisio Ribeiro, Wagner Mello and Karla Chagas. In addition, CelPlan can tap from its remaining group of 750 of staff, most of which are in technical services roles. 2.4 CelPlan Resumes Various summary resumes are explained below, with more detailed resumes for key personnel included in Annex E. Resume: Zarci Cotias, Sr. Systems Engineer Tasks: Coordination of production activities. Background: Zarci brings over 20 years of experience in telecommunications, and is responsible for system design and product customization,based on customer and project specific requirements. Zarci has a bachelor degree in engineering. Duration: Support will be during production phases of the project,primarily. Resume:Leo Korowajczuk, Sr. Network Engineer Tasks: Radio software programming &coordination during production process.Project Management. Background: With a background in computer sciences, Leo leads system design and implementation on customer projects, with regards to IP based computer and storage CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 2-3 Proposed Staffing and Project Organization architectures, and software implementation. Leo also support project management activities. Duration: All phases of implementation. Resume: Paulo Leite, Technical/Program Director Tasks: Overall project management. Back rog und: As one of the original members of the CelPlan management team, Paulo brings over ten years of senior engineering experience to his role at CelPlan. Today, Paulo leads a team of engineers in the development of various products. Prior to his role with CelPlan, Paulo served in a senior engineering position with Alcatel. Paulo is working towards an MS in Information Systems Technology and holds a BS in Electric Engineering with a focus on telecommunications. Duration: Support to project from beginning to end. Paulo will maintain project manager responsibility during the maintenance phase. Resume: Nikhil Mathur, Sr. Systems Engineer Tasks: Project management support tasks &customer service coordination. Background: Nikhil is responsible for customer systems design, implementation and project management. Nikhil has an MSEE degree from the Auburn University. Duration: Support to project from beginning to end. Nikhil will also coordinate the customer support services during the maintenance phase. Resume: Gary Tarbell, Lead Technician Tasks: Monitor installation and camera network installation support and coordination. As lead technician, Gary manages field deployment and installation activities for customer projects. Gary brings about 15 years of experience in video, surveillance and security. Gary has supported CelPlan's wireless camera deployments since 2006. Duration: Support is concentrated during on-site installation activities. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 2-4 Proposed Staffing and Project Organization 2.5 Project Plan We will provide a GANTT chart style, detailed project plan at the start of the project. In general, projects of the scope and size, as described, take roughly about 60 to 90 days. We will be available to accommodate special project needs. 2.6 Project Approach We believe strongly in a diligent design review process. We want to make sure we understand precisely what the surveillance interests are of the Customer. We initiate the project with a kick-off meeting where we review the project teams, responsibilities and general project outline. We also start the effort for a part of the team to visit the target sites and review the site surveillance requirements. We follow up with finalized design documentation for sign off by the Customer. We also recommend a routine of a weekly conference call with the leads of the project teams (at least including the CelPlan Project Manager, and similar person representing the Customer team). We use also a variety of professional tools for proper project management, including `Basecamp". We also will complete the project with thorough testing internally before we would go into the System Acceptance testing. Once we are ready, we will review various system criteria during a formal System Acceptance test review. Beforehand, we will review with the Customer the System Acceptance testing plan also. 2.7 Commitment to Safety and Customer Satisfaction CelPlan brings a culture with support and mindfulness in relation to safety and health for its employees. CelPlan is a small company, and relies heavily on having a stable, committed workforce. CelPlan provides full health insurance benefits to all employees and has a detailed safety program. As a result, CelPlan brings a committed workforce, committed to safety of itself and others. At the same time, the team is flexible, and will adjust schedules (evenings, weekends, etc.) in order to bring a project to completion, if circumstances dictate. This leads us to our commitment to Customer Satisfaction. We achieve Customer Satisfaction on various levels: (1) We are a small company, dedicated specifically to wireless camera surveillance technology. We strive to be the leading solution provider nationwide, offering the best possible designs and solutions. We have a"small-company" mentality of being flexible, to get a job done efficiently, and "do whatever it takes". (2) We like to take a role of"consultant". On one hand, we want to understand exactly what the goals are that a Customer wants to achieve to assure what we are offering will meet expectations. We analyze this at the start of the project. At the same time, as an "independent" systems integrator, we are not tied to any company. We can choose a solution for each project, and take into account CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 2-5 Proposed Staffing and Project Organization Customer preferences. We have worked with many solutions, and can provide independent advice what works and what does not. (3) We target a long-term partnership with all our Customers. This can only be achieved when Customer satisfaction is our primary goal. 2.8 Technology and Strategic Project Planning From the beginning of the Wi4Net group, with projects dating back to 2005, our systems have targeted to be the best-in-class, sourcing the best components available at that time. From the beginning, all our systems have been "open-architecture", IP-based systems. As mentioned above, we target to maintain an independent position from our vendor partners, and review each project as an "independent consultant". Our goal is to learn as much as possible from our Customers, and then come up with the solution that we would implement ourselves if we were in the Customer's shoes; it is that solution and design that maximizes short-term and long-term benefits. The following two subsections further discuss our"best-of-breed" approach to system design, and the scalability advantages of an IP-based security management approach. 2.8.1 "Best of Breed" Design Approach The security industry has gone through significant transformations in recent years. Video streams are now processed as "digital" signals,rather than "analog". With recognized encoding standards (such as MPEG-4 and H.264), communications standards (such as Ethernet/IP), wireless standards (Wi-Fi, WiMAX, etc.) and hardware standards (such as Windows-based operating systems), it is now truly possible to recommend "best-of- breed"components for each part of the solution. Our proposal is based on this "best-of-breed" open-standards based approach in the various aspects of the design. Particularly in the video management section, we would compare some of the open architecture solutions (such as Genetec, Milestone and OnSSI) to closed systems (such as IndigoVision, Avigilon, DVTel, Verint and Pelco). CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 2-6 Proposed Staffing and Project Organization Table 1 Security Industry Transition Closed System Open Architecture Proprietary Solution Standards Based Analog IP / Digital Single Vendor Trap Best of Breed Selection The proposed (Genetec) solutions are ONVIF compliant. Besides the video management system, we are offering "best-of-breed" in all other components as well, such as the cameras (Axis) and computer hardware (Dell). We simply refuse to compromise on quality in our designs. We stay strongly behind a design and approach that we know will work. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 2-7 litIll CelPlan® W T 4 N e t- sirreiess Global Technoiogies wA.,=..... .. 3. Work Plan Ref. No.:HUN760428 Work Plan Building further on the team capabilities, proposed project team and project approach, and general design strategies, as explained in Chapter 2, this Chapter 3 provides a detailed overview of the specific and customized camera design and network design that we propose in this project. All design and cost information in this proposal is to be considered CelPlan Proprietary & Confidential information. Note that the project is proposed in phases: (a) Phase 1 including the Jail cameras, and (b) Phase 2 the remainder of the campus. Further to this chapter, find also technical documentation (such as datasheets) and relevant white papers included in Annex C and D, respectively. 3.1 Design Highlights First, we review the design highlights of our proposed solution as follows: • "Best-of-Breed"Design: Further to Chapter 2, we apply a "Best-of-Breed" design approach, selecting best-in-class components in each category, based on open-architecture principles. In this system, we use Axis cameras, Dell hardware and Genetec video management software. • Design and Camera Selection: We have performed multiple site visits, asked many questions, and carefully studied the plans provided. We believe we have created a very detailed and reliable design using leading camera technology and options. We have also included a comprehensive, professional switching network (at jail/police), and added server. • Industry-leading Video Management Solution: We recommend the expansion of the Genetec software, already successfully in use for the downtown camera system portion of the Customer's solution. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 3-1 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan 3.2 Camera System Design 3.2.1 Camera Selection Based on the site visits, Customer input, and our experience, we have carefully selected the best, industry-leading camera options. In summary, we have the following reference cameras and options assumed within our baseline design: • Axis P3214-V indoor "dome"style camera: We are offering a IMP dome camera model for indoor locations, where water will not be used. This will relate for example to the corridors ' ' within the jail. These cameras are low-profile, and vandal resistant. This particular brand-new model is highly feature- rich and cost-effective. For example, it offers the remote auto-zoom and auto- focus features. It is also a day/night camera with very strong low-light sensitivity. We can offer dome options for 2MP and 5MP also, but we expect the baseline IMP is sufficient for an indoor environment. • Axis P3364-V indoor "dome"style camera (with audio): We are offering this alternate IMP dome camera model for locations where audio is required. These cameras can also not be washed down by water, but the locations will be higher up in the holding cells, and it is not expected a requirement. These cameras are low-profile, and vandal resistant. These cameras have added features and capabilities compared to the P3214-V above. It is also a day/night camera with very strong low-light sensitivity. We can offer dome options for 2MP and 5MP also, but we expect the baseline IMP is sufficient for an indoor environment. • Axis P3214-VE outdoor "dome"style camera: We are offering a IMP outdoor dome camera model mostly for indoor locations in the jail, where water spaying is expected (for cleaning, for example). There is one contained outdoor area also at an entry where this camera is proposed. These cameras are low-profile, and vandal resistant. This particular brand-new model is highly feature-rich and cost-effective. For example, it offers the remote auto-zoom and auto-focus features. It is also a day/night camera with very strong low-light sensitivity. We can offer dome options for 2MP and 5MP also, but we expect the baseline IMP is sufficient for an indoor/contained environment. • Axis P3364-LVE outdoor "dome"style camera (with IR): We are offering this outdoor IMP dome camera model with IR at an entry point where we expect the IR lighting will be a benefit. These cameras are low-profile, and vandal resistant. These cameras have added features and capabilities compared to the P3214-V above. It is also a day/night camera with very strong low-light sensitivity. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-2 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan • Axis P3215-VE outdoor "dome"style camera: We are offering a 2MP dome camera model for outdoor locations on "lower" (more accessible) mount locations, as the area to cover outdoors is usually larger than indoors. These cameras are low-profile, and vandal resistant. This particular brand-new model is highly feature-rich and cost-effective. For example, it offers the remote auto-zoom and auto-focus features. It is also a day/night camera with very strong low-light sensitivity. We can offer dome options for 5MP also, but we expect the baseline 2MP is sufficient for most of the outdoor positions. • Axis P1425-LE indoor/outdoor "bullet"style camera: We those locations that are positioned just a little bit higher and out of general reach, we are recommending a brand-new "bullet" style camera. This model starts at 2MP, and is suitable for indoor and outdoor installations. The camera is very competitive, and we are offering a baseline model with built-in IR. If needed, this model is available in 5MP and 8MP options. • Axis P1354-E outdoor "box"style camera: We added this model at one of the entry point locations where car traffic is monitored. The cameras are positioned low, and we suggest a rugged model, replacing current box style models. This model is E21 IMP, and we expect more than sufficient for the small coverage area. If needed, this model is available in 2MP and 5MP options. • Axis P5635-E indoor/outdoor "PTZ"style camera: PTZ cameras can be very expensive. In this project, we are very _ proud to offer the brand-new line of Axis cameras, which is extremely feature rich, and very cost-competitive. We are offering the 2MP version with 30X optical zoom (P5635-E) as baseline camera, but the IMP version with 18X zoom (P5624- E) is available at a cost reduction. There is only one model for both indoor and outdoor deployment. Again, this camera also offer day/night and very strong low light performance. Finally, we offer a covert P12-series camera to cover the interview room. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-3 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan 3.2.2 Camera Summary By Location Based on our multiple site visits, discussions with Customer representatives, maps, etc., we have the following camera selection recommendation by section: Map/Location: Jail Outer Campus PD 2"d Level PD ls`Level • Dome(P3214-V)): 42 0 8 5 • Dome(P3364-V): 6 0 0 0 • Dome(P3214-VE): 31 0 0 1 • Dome(P3364-LVE): 0 1 0 0 • Dome(P3215-VE): 2 0 0 0 • Bullet(P1425-LE): 3 3 0 2 • Box(P1354-E): 0 2 0 0 • PTZ(P5635-E): 0 7 0 3 • Covert(P12): 1 0 0 0 We identified a total of 38 existing cameras on the Genetec system(downtown and property room), 4 existing IP cameras (recent implementation with ONVIF compliance) on the civic campus that will be maintained, and the replacement/upgrade of 117 cameras (with addition of new IP cameras per above overview). This will provide an integrated camera system for a total of 159 cameras total. By the end of Phase 1, 85 cameras from the jail will be upgraded and added into the Genetec system, for a total of 123 cameras. Phase 2 will upgrade the remainder, expanding the count to the total of 159. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 3-4 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan 3.2.3 Video Analytics In a complex project like this one, analytics may be an add-on of interest. We can enable precise detection of a person at night, for example, and have alerts be generated. Video analytics can be added at any time to any of the cameras. We have proven the proposed solution with video analytics already in other deployments. In general, when we perform a video analytics project, we will first of all carefully design and test the solution in software, and per the diagrams below: :L' / The diagrams above show a square, fenced site, coverage with four cameras. The camera views are simulated in software, including display of a person, in scale, to assure the situation is within the rules of the analytics engine. We propose the AgentVI analytics engine, which, again, we have field-proven in other projects. This engine is fully integrated within the video management software engines. Below are most screen shots showing the camera with IR illumination enabled, setup of the analytics rules, and actual alarm status within the Genetec management system, as example of a past project. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-5 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan 3.3 Pole Camera Enclosure (Optional) Unique about CelPlan is its modular and integrated "one-box" F1exiVideo (FV-2100) camera unit design that allows for scalable citywide and remote surveillance system implementations. We have designed this unit in-house, and we manufacture this unit in- house also, on a project by project basis. We are summarizing the solution for reference purposes only, since in this project this solution is not needed. Our single integrated enclosure package makes installation easy and esthetically pleasing. Also, it provides for a cost-effective solution that can easily be moved. The solution was designed from the ground up for wireless video applications, and provides all the required features. Also, this solution was already selected for deployments nationwide, with cities such as Los Angeles, Long Beach and Milwaukee. We understand this is the lightest and most feature-rich pole camera solution in the industry today. The switch can be upgraded with media converter capabilities to allow for high speed fiber connectivity. This optional package would apply for complex mount locations that require specialty features, such as new fiber connections, wireless, etc. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-6 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan The modular approach is explained with the following diagram. C.1 Encoder Encoder "" Multi-Radio PlaHorm Added Ethernet (�< ») Switch ____ Devices(such as -------- fixed IP cameras, ________________________________- ALPR,etc.) Local Storage(Optional) -------------------------------- --------------------------------- Battery Backup(Optional) -------------------------------- Reset Circuit Power Supply Figure 5 Modular "One-box" Wireless Camera Approach(reference drawing only) The unit is currently in its fifth generation. With a single enclosure, CelPlan can offer baseline, optional and future features. 3.4 Surveillance Camera / Encoding System 3.4.1 Camera Options For years, Axis has been the market leading manufacturer of IP cameras, and their latest generation of cameras is considered the bench-mark in the industry. All cameras feature the Axis H.264 multi-streaming encoding engine, which we believe is unparalleled in the industry. 3.4.2 Camera Optical Zoom For reference purposes only, the following charts explain the capabilities of the 18X and 35X PTZ zoom options for 4CIF style (704x480 resolution) cameras. In case of megapixel option, the distance is improved due to higher resolution. The baseline P5635 camera can go beyond 600 ft. still with a resolution of about 40 pixels/foot. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-7 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan Table 2 Optical Zoom and Resolution Distance to object (feet) 300 ft. 600 ft. 900 ft. Resolution at distance (using 18X zoom 48 pixels/ft. 24 pixels/ft. 16 pixels/ft. option) Resolution at distance (using 35X zoom 80 pixels/ft. 40 pixels/ft. 26 pixels/ft. option) [0,0'% :� sv3icsz �i�sz 3.4.3 Video Frame Rate, Resolution and Encoding Video images are defined by the video frame rate and video screen resolution. The frame rate (in Frame per Second (FPS)) gives a perception of continuity to movements and we get an impression of a continuous movement for rates above 15 FPS. For slow changing environments lower frame rates can be used, while for fast changing environments higher frame rates may be required. The video resolution expresses the number of vertical and horizontal pixels (YcbCr sequence) of a video screen. Resolutions are standardized in the Common Intermediate Format (CIF). A summary is provided in the table below. For comparison purposes, a regular digital TV format uses 720x480 (Dl) at 30 FPS while movies have a resolution equivalent to 1920xl080 with a frame rate of 24 FPS. Conventional surveillance systems use QCIF at 5 FPS. Table 3 NTSC Pixel Resolution NTSC piiixel resolution Horizontal vertical pixels per video frame QCIF 176 120 21,120 CIF 352 240 84,480 2CIF 704 240 168,960 4CIF 704 480 337,920 One pixel is defined by its depth in bits. Depths of 4 to 32 bits are common. We are considering a depth of 12 bits in this proposal. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-8 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan The table below shows the data rate of uncompressed video frames for different frame rates (FPS) and resolutions (with reference to CIF). Table 4 Data Rates for Uncompressed Frames Data rate for uncompressed frames in Mb s FPS 1 2 4 6 8 10 15 30 QCIF 0.25 0.51 1.01 1.52 2.03 2.53 3.80 7.60 CIF 1.01 2.03 4.06 6.08 8.11 10.14 15.21 30.41 2CIF 2.03 4.06 8.11 12.17 16.22 20.28 30.41 60.83 4CIF 4.06 8.11 16.22 24.33 32.44 40.55 60.83 121.65 The video data generated in this case is huge and compression techniques are used to reduce the data, by eliminating redundant information. The most common compression techniques are defined in the MPEG (Moving Picture Experts Group) specifications. The MPEG-2 and MPEG-4 compression techniques have long been the main techniques for compression. In these techniques, besides occasional "key frames" (where complete information on an entire frame is sent), the encoding technique provide for efficiencies by sending only change information between frames that follow each other. As a result, when there is little motion in a picture, there is little information sent, while, when there is a lot of motion, a lot of information is sent. Typically, there industry would reference frame rates up to 4 Mbps for high motion video, for 30 FPS at 4CIF resolution. Because these techniques are much more efficient, that techniques that send individual frames (such as Motion-JPEG and JPEG-2000), MPEG-4 has long been the preferred encoding technique for wireless camera implementations. The following tables show the data rate for compressed frames using MPEG-4, with "low motion", "high motion" and "average motion",respectively. Table 5 Data Rates for Low Motion Compressed Frames Data rate for compressed frames with low motion in Mb s FPS 1 2 4 6 8 10 15 1 30 QCIF 0.004 0.008 0.017 0.025 0.034 0.042 0.063 0.127 CIF 0.017 0.034 0.068 0.101 0.135 0.169 0.253 0.507 2CIF 0.034 0.068 0.135 0.203 0.270 0.338 0.507 1.014 4CIF 0.068 0.135 0.270 0.406 0.541 0.676 1.014 2.028 Table 6 Data Rates for High Motion Compressed Frames Data rate for compressed frames with high motion in Mb s FPS 1 2 4 6 8 10 15 30 QCI F 0.008 0.017 0.034 0.051 0.068 0.084 0.127 0.253 CIF 0.034 0.068 0.135 0.203 0.270 0.338 0.507 1.014 2CIF 0.068 0.135 0.270 0.406 0.541 0.676 1.014 2.028 4CIF 0.135 0.270 0.541 0.811 1.081 1.352 2.028 4.055 CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 3-9 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan Table 7 Data Rates for Average Motion Compressed Frames Data rate for com ressed frames with average motion in Mbps FPS 1 2 4 6 8 10 15 30 QC I F 0.01 0.01 0.02 0.03 0.05 0.06 0.08 0.17 CIF 0.02 0.05 0.09 0.14 0.18 0.23 0.34 0.68 2CIF 0.05 0.09 0.18 0.27 0.36 0.45 0.68 1.35 4CIF 0.09 0.18 0.36 0.54 0.72 0.90 1.35 2.70 From the tables above, the data rate required to transmit video information varies between 4 kbps and 4 Mbps (based on MPEG-4 encoding). Based on available bandwidth, the encoding systems can be configured to meet the available bandwidth and application. Some surveillance applications require the capture of movements and others not. Trash dumping or drug dealing can be captured at low number of frames (2 to 5 FPS) but will require high resolution for plate and face recognition. Also, intelligence can be added to a solution in relation to resolution and frame rate. For example, live surveillance can be done at intermediate resolution levels, but an occurrence of an event may have to be examined at high resolution levels. Recently, a new encoding technique has been introduced to the market, typically referred to as "H.264". H.264 encoding technique is generally based on the same concept as MPEG-4 encoding, whereas similarities between following frames are used to reduce the overall stream. However, in market reference materials and in our own testing, we have found significant improvements of H.264 encoding compared to MPEG-4 encoding. In fact, we have seen a reduction of bandwidth of over 50% from MPEG-4 to H.264. It should be considered though that with higher compression, H.264 is more sensitive to errors. Given the bandwidth limitations inherent to citywide wireless style video camera systems, and given the level of maturity of H.264 encoding, we generally recommend new deployments to use H.264 encoding. In the following, we are providing a comparison table between the leading compression techniques in the market, including H.264, MPEG-4, Motion-JPEG and JPEG-2000. The table presents a comparison between H.264 and other compression techniques, at 10% compression/ 15 FPS /medium to low motion. Particularly also with the emergence of megapixel technology, the use of H.264 encoding has become even more crucial. The below table highlights this by indicating also required rates for resolutions beyond 4CIF. Table 8 Compression Technique Comparison(at 15 FPS) (in Mbps) Resolution I Image Size H.264 MPEG-4 M-JPEG JPEG2000 4CIF 704x480 0.6' 5.1 4.6 1 Me a ixel 1280x720 1 5 4.0 13.9 12.5 2 Me a ixel 1920x1080 3.4 9.1 31.3 28.2 5 Me a ixel 2592x1944 2.1 76.0 68.4 8 Me a ixel 1600xl200 "4 W,5.9 CelPlan Technologies,Inc.,1920Association Dr.,Reston, VA20191 Page 3-10 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan The optimum level of video surveillance should be defined for each case, so the surveillance objective is achieved while the transmission rate and storage capacity are minimized. In summary, video definition is a mix of frame rate and video resolution, and should be specified for each camera. Once the video definition is chosen, the video transmission requires an approximately constant data rate, with a low latency for camera control and low jitter for proper frame sequencing. The transmission medium should have enough bandwidth for the data rate required and a properly designed wireless access so the delays are small and not very variable, with a minimal error rate so that frames are not jittery. Based on our broad experience, we have taken all these factors into account into our design. Also, our white paper about surveillance design, included in this proposal, provides additional background information. 3.5 ALPR Camera Design For reference purposes only, we explain a bit about ALPR technology, as it could be of interest for integration in the future. 3.5.1 Manufacturer Options and Models In general, two types of ALPR systems are available. First, there are ALPR systems with on-board processing. These systems typically encompass two cameras, along with IR illumination. The camera processes the video streams, and only sends plate information to the central server. Second, it is possible to stream all video to a server and then process the video centrally. Particularly in a citywide style wireless deployment, the first approach clearly has advantages. Leading solutions for the first approach include PIPS and Genetec (AutoVu). Both manufacturers feature dual camera configurations, with a lower-end model for ALPR coverage of about 5 ft width and a higher-end model for ALPR coverage of about 10 ft. width. An overview table is provided below. Table 9 ALPR Camera Comparison Manufacturer PIPS Genetec (AutoVu) Model Spike+ P372 SpikeHD P382 Sharp VGA Sharp XGA Lane Coverage 5 ft. 10 ft. 5 ft. 10 ft. Range Up to 50 ft. Up to 100 ft. Up to 92 ft. Up to 92 ft. Although we can provide products from either manufacturer, we are recommending the Genetec (AutoVu) solution for the following main reasons: • The choice of Genetec allows us to present a single management solution for both the surveillance and ALPR systems with a single user interface. • Both 5 ft. and 10 ft. width options allow for long range coverage. Note that the range for the PIPS Spike+ 372 is only 50 ft. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 3-11 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan • The design rules for placement of Genetec ALPR cameras are more relaxed, making it easier to place cameras on the limited pole mount locations that are available (see also next section). • The Genetec system not only captures the plates and context images (like PIPS), but also provides the option of a lower resolution video stream of the scene to give a total overview of the vehicle in a streaming video fashion, rather than a still (context) image only. • The Genetec solution is also more competitively priced. Note that CelPlan and Genetec will be more than pleased to provide a demonstration of the Genetec ALPR product. 3.5.2 General Guidelines In order to assure a high capture rate of license plate some design rules and considerations should be kept in mind. The detailed references in this section are based on the Genetec AutoVu system (Sharp VGA or Sharp XGA). First, the following angles should be observed in placing/positioning the ALPR cameras. t LU /501 _ 30, —U ir—e�L' I s Secondly, the range of the system shall be within 92 feet, but a correct lens needs to be selected based on the actual distance to the target area of capture. The following diagram gives an overview of the options and distances that are available. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-12 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan 2.71 m/9 ft r� 272 c/911 273m/91i 2.03 6.71t 6.7 t[ 2.Oamy. „2.0",,�h� }� 6.7h il} tii ' 12: , 4 In 11c 14.71 14.08 m/ r1..v 16 mrn tens 23,is rn1 48 9It 32h[ 64.6% Zsmmlens 35 mm lens 50 mm lens With only a few mount pole locations available, it is important to keep these guidelines in mind for the design. Lens options will be selected upon completed of the surveillance camera design at the stage of the site survey and system design. 3.6 Management System, Server and Storage Design As indicated, we recommend an open-standards-based solution, and selection of the video management system is an important component of this. Also, integration of surveillance camera management, ALPR camera management, access control and other applications is an important consideration. In this section, we will discuss the general management system architecture, including guideline for the server, storage and monitor equipment. 3.6.1 General Management System Architecture The industry has progressed from analog, proprietary style solutions to digital, open- standards based solutions. Initially, a tape recorder or DVR would connect to nearby cameras using coax cable. Each of the cameras would transmit analog style video. The DVR enclosure only would have a certain number of video camera ports, and a limited storage capacity. Now, digital-style systems offer"virtual' style solutions, where there are virtually no boundaries to the location of cameras, and the scalability of storage or the number of cameras. Typically, the following sub-systems can be recognized: • Camera l encoder units (wired or wireless) • Network infrastructure (wireless, Ethernet and/or fiber) • Video management solution (server, storage, management software solution, and monitoring center) The following diagram depicts the subsystems, and interconnections. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-13 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan LL ` Wired Camera -Server Room Server Stora e �J Internet/ Wireless Intranet Cameras 0 ViewingtE / Operator 0 Station__ _ Viewing Monitor Operator '. Room Station Remote Viewing Figure 6 Generic System Diagram In terms of the management solution itself, in a digital-style solution, a standards-based server computer would be dedicated to operate as the system server. Video management application software is installed on the server. All cameras connect to the server through an IP/Ethernet network. Now, any computer, connected to the server, through an Intranet or Internet connection, can have access to the live cameras or recorded footage based on the access rights of a specific user. Typically, there is a dedicated, primary monitoring system, with added locations for remote viewing. In most professional management software solution, both "thick" (software-based) client and "thin" (browser- based) clients are offered for access to the camera system. The diagram above depicts a very simple architecture. It is possible to create highly complex architectures, including multi-servers, camera-based ("edge")recording, fail- over, and others. 3.6.2 Proposed Security Management Solution Software With regards to the Digital Video Management Solution or DVMS, this application software is a key component in the overall solution, and will be the interface to all cameras from a central location or from any network connected (remote) location. The DVMS allows for control, configuration, live viewing, archiving,recording video viewing, video export,remote viewing, etc. But, these days, besides pure management of surveillance solutions, Customers are expecting more comprehensive "security" management, integrating also ALPR, access control, detection systems (such as gunshot detection) and video analytics. We are certified with the two leading solutions from Milestone and Genetec, but we are certified with OnSSI also. All these systems function in a similar fashion, using all IP- based video streams, while offering ability to incorporate legacy (analog) camera systems (using encoders) and offering open platforms to many types of cameras and encoders. CelPlan Technologies,Inc.,1920Association Dr.,Reston, VA20191 Page 3-14 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan Also, we have found that some other solutions do not fully adhere to an open platform concept, such as IndigoVision, DVTeI, Verint, Pelco and Avigilon, and we generally would not recommend such solution. We already recommended and implemented Genetec for the existing, recently implemented wireless downtown camera system. Genetec was one of the earliest entries for digital surveillance management solutions, and in our opinion, has always managed to stay ahead of the competition. Also, Genetec has always focused on the Government space, and for good reasons, the Top-3 Cities in the United States have selected Genetec. With its latest 5.x release of"Security Center", it provides a unique integrated (single) security management engine for Surveillance Camera Management, ALPR and Access Control as follows: GENETIC Secunty(enter Unified Security Platform Security Desk Intuitive and Task-Oriented User Interface OMNICAST SYNERGIS AUTOVU Video Surveillance Access Control License Plate Peco9n@lon 3.6.2.1 Omnicast Surveillance Camera Management From a Surveillance Camera perspective, we recommend Genetec Omnicast, for the following reasons: (1) In our assessment, Genetec provides the most advanced and sophisticated package for many years, with features often copied by the competition only years later. Not surprisingly, Genetec is the choice of the Top-3 cities and police departments in the United States (i.e. New York, Los Angeles and Chicago). Recent evidence of Genetec's technology leadership is the introduction of the "Security Center"interface that brings together surveillance, ALPR and Access Control within a single solution (see also next sub-section). Also, its features make it easier to configure and manage a large system successfully. The system, in our opinion, also is more scalable and supports more complex architectures, and ahead of other solutions. (2) Genetec deals with the video streams much more efficiently. This means a significantly reduced number of servers, reducing with that cost, power consumption and maintenance, while assisting system reliability. Particularly, in case of H.264, the difference on this point becomes very much evident. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-15 All design specific information shall be CelPlan.Proprietary and Confidential Information Work Plan (3) Genetec supports highly sophisticated multi-stream capability. A lower rate stream can be used for viewing purposes, while the higher rate stream is recorded for evidence purposes. This approach allows for efficient use of network bandwidth. Genetec also offers the feature to switch to the high resolution stream, automatically, in case a video tile is enlarged, so that there is no visible effect for the user. I.e., the video stream for viewing purposes is adjusted to the size of the tile on the screen. There are several use scenarios. This feature also gives more flexibility to mobile users with limited bandwidth. (Multi-stream does also need to be supported in the camera; we are offering professional cameras with this capability.) (4) Genetec supports details settings for each of the cameras that make it easier to optimize a solution for a wireless surveillance network implementation. Specific examples include adjustment of key frame rate, time out adjustment, video stream bit rate control, and various others. (5) Genetec offers video bookmark capability within its system. This feature makes it easy to mark and search video. Also, we can offer the possibility to automate the process to convert video data from the storage buffer to a long term archive for evidentiary purposes. This provides for an organized and protected approach to long-term video management. ■..tee .x- ,..--._. -e..,.e qq Figure 7 Genetec "Omnicast" Screen Capture The Genetec "Omnicast" solution for surveillance camera management offers full controls and programming capacities, including PTZ camera controls, camera video quality configuration, PTZ preset, PTZ "tours", etc. Fairly sophisticated motion-detection capabilities is offered within the main system. Because we use professional level cameras in this project, the management system can leverage the motion-detection capabilities from the camera so that there is no impact on processing power of the servers. In fact, motion-based recording can be implemented in a way that streaming to the server, storage and viewing locations is only performed in cases of motion. Motion-detection can also be used in certain areas, with definition of multiple CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-16 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan zones. Specific sections can be defined, each generating its own type of alarms. Because Genetec is a leading solution, there are also various options for a video analytics integration. Details about video analytics are described later on in this Chapter. Various integration options are available, such as Access Control, ALPR, GIS, CAD, Video Analytics, gunshot detection, legacy camera systems, long-term video management, etc. Some software integration options are direct with Genetec. Otherwise, with Genetec in a market leading position, and an open architecture concept, Genetec already has established interfaces with several other overlay solutions. Note that also some advanced features are available in the latest release, such as "multi- camera" tracking. Cameras can be defined with clickable areas that can be triggered by the operator switch to another camera as a suspect moves through a camera field of view. An example screen shot is below. The clickable areas are fully user-definable based on user preferences. I . i f Figure 8 Tracking Feature Image 3.6.3 Access Control Integration The new Security Center integrates the surveillance management with access control, correlating seamlessly the information of people entering the building, and associated cameras for related doors and entry points. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-17 All design specific information shall be CelPlan Proprietary and Confidential Information - �� J.uue.w �.•ri ou.+u.amuu�e.• �vacassala •1 x il+e+rn�w �®ae a+mda.suaora-x a•saw •1 m •1!u 1� au�ru�ate}',� Work Plan To 3.6.4 ALPR Camera Management Genetec "Autovu" brings ALPR cameras and management seamlessly into the Security desk solution. Although no funds are available to enable this feature initially, we understand integration is intended in the future. Below are shown various screen shots related to . . -fs CelPlan Technologies,Inc., 1920 Association Dr.,Reston, VA 20191 Page 3-18 All design specific information shall be CelPlan Proprietary and Confidential Information ' .. ..r. � @ ®� oars_ •� w ��� � - _ ra Work Plan 3.6.5 Server & Storage Architecture In terms of the central server/storage solutions, we are certified with HP and Dell, among others. In this project, we propose to expand the existing Dell based control solution with a Dell based server (R530) with two 50OGB drives in a RAID! configuration for the operating drives only; one system at each of the locations. Additionally, the base unit, which can be further expanded, has 6 drive slots open for storage. We will need all slots with 6TB drives, resulting in a usable storage capacity of 27TB. Additionally, we need two Dell MD1200 storage expansion chassis that each can accommodate 12x 6TB drives (each unit offering 54 TB of usable storage capacity). Thus, we accommodate a total of 135 TB of new usable storage capacity. We suggest that all storage components are provided as part of Phase 1 for added flexibility in storage settings. In terms of the camera settings and storage calculations, we suggest the following calculations. Table 10 Storage Calculations Camera Type I Encoding I Rate I Storage/day (GB) I No.of Cameras I Retention (days)l Recording IStorage(GB) 1MP Campus (pnmairy) H.264 600 kbps 6.18 5 30 100% 927 2MP Campus (pnmairy) H.264 1,200 kbps 12.36 15 30 100% 5562 1MP Campus (duplicate) H.264 100 kbps 1.03 5 365 100% 1880 2MP Campus (duplicate) H.264 200 kbps 2.06 15 365 100% 11278 1 M P Jail H.264 600 kbps 6.18 80 730 25% 90225 2MP Jail H.264 1,200 kbps 12.36 5 730 25% 11278 1 M P Other H.264 600 kbps 6.18 16 365 25% 9023 2MP Other H.264 1200 kbps 12.36 0 365 25% 0 Totals Summary 121 130173 3.6.6 Command Center Solution CelPlan has implemented many full scale command and monitor stations. The Long Beach system is depicted in the below picture, for reference purposes only. I CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-19 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan In this project, we are reconfiguring the jail command center. In this area, we are accommodating three new work stations feeding two small screens (fitted into the desk) and a video wall of 7 screens total. Two screens are newer Orion screens and will be re- used. The new monitors (2x small monitor and 5x large 42" screens) will all be from Orion, based on the Customer's preference. 3.7 Video Analytics Video analytics offers a tremendous promise for the future of video surveillance, but at the same time, the technology really is still in the infancy stage. We can offer various options for video analytics as option, either based on "rules-based" analytics (based on AgentVI) or "behavioral" (based on BRS Labs) analytics. Also, we offer BriefCam based "Video Synopsis" for faster video footage reviewing. The core video management system includes capability for motion-detection. This feature might be utilized to detect motion in certain areas at certain parts of the day, using multiple"detection zones". In addition, the Axis cameras support some features also. Still, in case more sophisticated analytics is required, an add-on analytics solution would be required. General information about video analytics solutions is included in Annex D, which includes a CelPlan white paper about video analytics that was recently published. In summary, dedicated video analytics packages will review the changing images for groups of pixels, which then are assessed for being a person, vehicle or other object. Some objects, such as birds will be ignored. Also, irrelevant motion, such as waves and leaves of trees in the wind, are ignored. This approach is more complex, beyond the capabilities of the crude motion detection provided by the basic video management solution. As a market-leader for many years, Genetec has proven interfaces with various analytics solutions, including leading solutions from AgentVI, ObjectVideo, BRS Labs, BriefCam and others. We have included Video Analytics capabilities within our baseline proposal for some specific cameras and areas. "Crowd Alert" "Pe Iffr PMLL tc" CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA20191 Page 3-20 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan 3.8 Deployment Services CelPlan will provide all necessary services to provide for turn-key installation, including site survey, system design, equipment installation, configuration, testing and auditing and project management. Our proposal is based on the following assumptions: • Re-use of existing poles and structures (traffic lights, light poles,buildings, towers, etc.) for mounting of camera units and/or wireless components, unless specifically stated otherwise. Use rights /mount approvals shall be between pole/ structure owner and Customer(and are required by project start to avoid delays). Any lease costs or application fees for mount approvals are not included in our proposal. CelPlan will assist on an as-needed basis. • Power(continuous 110Vac) and ground is assumed to be provided by Customer or available, as needed (mostly ad telecom closets, as cameras are PoE). No meters, panels or circuit breakers are included, and use of existing circuits is assumed. • Camera locations are existing. We assume re-use of cable paths and conduit to run cables (but lead into new switch locations). • For server room, it is assumed rack space, with UPS and KVM (if needed) is provided by the Customer. Such rooms shall be equipped with proper climate conditioning. (At Jail, a new wall cabinet will be provided to accommodate some of the new switches.) • For the City Hall cameras, we assumed termination into a City provided switch at IDF within the City Hall, and routing towards video system server rack by City. • Regular wage rates assumed, only bound by minimum wage requirements. If other requirements apply, it many impact our pricing. • No permitting requirements are anticipated/included. • Remote access is assumed for CelPlan to the network through secure connection to Internet by City to facilitate installation process,remote diagnostics and maintenance. (Maintenance activities may be suspended until remote access is resumed.) • Complete documentation on networking diagrams, camera maps, and system design will be provided. Drawings will be limited to concept, not-to-scale, schematic drawings, and facility lay-out maps are assumed to be provided the Customer. • The implementation plan may be impacted by adverse weather conditions. • Police support during installation, on a case by case basis, may be required (for example, in case of unsafe conditions). Any changes to or conflict with the stated assumptions may result in timeline adjustment or impact on cost proposal. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 3-21 All design specific information shall be CelPlan Proprietary and Confidential Information Work Plan 3.9 Training As part of the proposal, CelPlan will offer a comprehensive training program for the Jail personnel, which includes the following modules: (1) General/Network Overview Section (2) Operator Section (3) Administrator Section The program expected is for one day. The customer will be responsible to assure attendance (recommended up to 5 people). Unless discussed differently, single training sessions will be provided for each training component. The training location will be at the Customer's facilities. 3.10 Maintenance CelPlan can provide a wide-range of maintenance options, and details can be discussed with the customer. We have provided a line item with maintenance cost in the cost proposal for the first year. Our comprehensive program includes one annual cleaning and various other details are explained in Annex G. In summary, the program covers the following: • Warranty of all (CelPlan-provided) equipment during maintenance period • Remote monitoring and diagnostics (i.e. as part of preventive maintenance) • Phone and e-mail technical support • On-site (corrective) services • One annual lens cleaning and preventative maintenance visit(for outdoor cameras) CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 3-22 All design specific information shall be CelPlan Proprietary and Confidential Information ItIll CelPlad W 4 N e f sirreiess Global Technoiogies o:. ,:_ .,o,. ,..wA.,e..... .. 4. Cost and Price Proposal Ref. No.:HUN760428 Cost and Price Proposal In the following, the proposed costs are explained. Please,refer to Chapter 3 first, as we are explaining there our design and the scope included within our offer. We remain available to discuss our baseline design (Phase 1 and Phase 2), discuss and add options, etc. 4.1 Phase 1 - Jail Unit Price Extended • Camera Components: $63,338.32 0 42x Axis P3214-V (Indoor IMP Dome) 0 6x Axis P3364-V (Indoor IMP Dome with audio) 0 3lx Axis P3214-VE (Outdoor IMP Dome) o Ox Axis P3364-LVE (Outdoor IMP Dome with IR) 0 2x Axis P3215-VE (Outdoor 2MP Dome) 0 3x Axis P1425-LE (Outdoor 2MP Bullet with IR) o Ox Axis P1354-E (Outdoor IMP Box) o Ox Axis P5635-E (2MP with 30X optical zoom) o lx Batch misc. (covert camera,brackets, components, camera brackets, extenders, etc.) • Management System: $113,180.00 o lx Upgrade Genetec base license and 25x existing camera licenses 0 119x New Camera Licenses 0 5x New concurrent Viewing Licenses o lx Dell R520 server with 2x300GB RAID1 and 6x6TB RAIDS 0 2x Dell MD 1200 server 12x6TB RAIDS 0 3x Dell viewing computer system with O/S, keyboard and mouse 0 2x 19"rack mount monitor system(Orion brand) 0 5x 42" monitor system(Orion brand) with wall/ceiling mount o lx Batch of switch components to accommodate new cameras o lx Misc. materials (including wall mount rack) • Baseline Services: $111,346.51 o Site survey CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 4-1 All design specific information shall be CelPlan Proprietary and Confidential Information Cost and Price Proposal o Design o Cameras and network installation, configuration and commissioning o Management system installation, configuration and commissioning o Project management o Training • Maintenance (Year I): $16,696.16 • Taxes (8.00%; not applicable to services/maintenance): $14,121.47 • Baseline Total(with taxes): $318,682.45 4.2 Phase 2 - Remaining Campus Unit Price Extended • Camera Components: $44,909.02 0 13x Axis P3214-V (Indoor IMP Dome) o Ox Axis P3364-V (Indoor IMP Dome with audio) o lx Axis P3214-VE (Outdoor IMP Dome) o lx Axis P3364-LVE (Outdoor IMP Dome with IR) o Ox Axis P3215-VE (Outdoor 2MP Dome) 0 5x Axis P1425-LE (Outdoor 2MP Bullet with IR) 0 2x Axis P1354-E (Outdoor IMP Box) o IN Axis P5635-E (2MP with 30X optical zoom) o lx Batch misc. (brackets, components, camera brackets, extenders, etc.) • Management System: $3,200.00 o lx Batch of switch components to accommodate new cameras • Baseline Services: $54,784.00 o Site survey o Design o Cameras and network installation, configuration and commissioning o Management system installation, configuration and commissioning CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 4-2 All design specific information shall be CelPlan Proprietary and Confidential Information Cost and Price Proposal o Project management • Maintenance (Year I): $5,967.80 • Taxes (8.00%; not applicable to services/maintenance): $3,848.72 • Baseline Total(with taxes): $II2,709.54 4.3 Notes, Term and Conditions Notes, terms and conditions to our offer include: • Validity: Validity of proposal is 90 days. • Proposal pricing is based on CelPlan standard payment terms (30-day net) as follows: 0 25% of amount is due at time of contract 0 25% of amount is due at delivery of 90% of equipment(at Customer or local partner warehouse) 0 25% of amount is due at start of installation 0 25% of amount is due at system completion CelPlan can discuss alternates,but changes might impact price proposal. • Offer notes estimated applicable taxes. Actual rates, if applicable, will apply at the time of the project. • All pricing includes a one-time, special 20% project-discount. Pricing in general is based on system pricing. • Services, maintenance and software charges (and taxes) are based on items provided as part of the baseline proposal. Charges for these items may need to be adjusted based on selected options, if applicable. Optional Genetec software upgrade charges to be considered separately. • Statement of work and assumptions as stated throughput this proposal are applicable to this offer; any changes to the assumptions may impact the offer accordingly. • Bonding is not included. If bonding is selected, bonding costs (for 100% performance bond) needs to be added to the final contract amount (before maintenance) at a rate of 4.75%. • CelPlan will not take any responsibility for damage due to misuse, mishandling, accidents,purposely inflicted damage, vandalism, natural disaster, etc., from time of delivery to Customer site,regardless of system acceptance. The Customer will be responsible for cost or provisioning of appropriate insurance or repair/replacement costs. We will charge the Customer for the repair and/or replacement components, and associated services. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 4-3 All design specific information shall be CelPlan Proprietary and Confidential Information ItIl CelPlan® W 4 N e t- sirreiess Global Technoiogies o . ,:_ , 1.11". ,... e..... .. 5. Required Forms / Certifications Ref. No.:HUN760428 Required Forms/Certifications Required forms and certifications will be provided as needed. Professional insurance is in place, and CelPlan possesses required C-7 Contractor's License (925007). CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Page 5-1 litIl CelPlan® W 4 N e t- sirreiess Global Technoiogies o:. ,:_ .,o,. ,..wA.,e..... .. Annexes Ref. No.:HUN760428 Annex A—Glossary and Acronyms Annex A — Glossary and Acronyms AP Access Point CIF Common Intermediate Format COTS Commercial Off The Shelf DAS Direct Access Storage DSRC Dedicated Short Range Communications DVB-H Digital Video Broadcasting -Handheld FPS Frames Per Second ITS Intelligent Transportation Systems LAN Local Area Network LOS Line of Sight MP Megapixel MPEG Moving Picture Expert Group NAS Network Attached Storage NLOS Non Line of Sight PCB Printed Circuit Board PMP Point-to-Multipoint PS Power Supply PTP Point-to-Point Q1 - 4 Quarter of calendar year(1 - 4) QoS Quality of Service RF Radio Frequency SAN Storage Area Network US United Stated of America WAN Wide Area Network WiFi Wireless Fidelity; interoperable radio standard based on IEEE 802.11 WiMAX Worldwide Interoperability for Microwave Access; interoperable radio standard based on IEEE 802.16 CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Annex B— Units Annex B — Units • degree cm centimeter dB decibel dBm mill Watt expressed in decibels dBW Watt expressed in decibels ft feet GB Giga Byte GHz Giga Hertz kbps kilo bits per second Mbps Mega bits per second TB Tera Byte V Volt CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Annex C—Technical Documentation Annex C — Technical Documentation General • CelPlan/Wi4Net Overview Camera • Axis P3214-V (Indoor Dome) • Axis P3364-V (Indoor Dome with Audio) • Axis P3215-VE (Outdoor Dome) • Axis P1425-LE (Indoor/Outdoor Bullet with IR) • Axis P1354-E (Outdoor Box) • Axis P5635-E (Indoor/Outdoor PTZ) CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Annex D—White Papers Annex D — White Papers Technical White Papers • Backhaul Network Design • Video Analytics CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Annex E—Resumes Annex E — Resumes CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Annex E—Resumes Leonhard Korowaiczuk ROLE As CEO/CTO, Leonhard Korowajczuk will stay involved from both a senior commercial management and technical management perspective. RESUME Leonhard Korowajczuk is a founding partner of CelPlan Technologies and its CEO/CTO. CelPlan has grown under his supervision into a worldwide leading company in the wireless design, planning and optimization of wireless networks, by providing advanced software and engineering services. He diversified CelPlan's portfolio by creating its Wi4Net Division which designs and manufactures advanced broadband radios, and deploys citywide video surveillance systems He started his career as R&D engineer at ITT developing Energy, FDM and PCM equipment(Standard Electrica- Rio de Janeiro, Standard Telephone and Cables- London, Bell Telephone Manufacturing- Antwerp and Standard Electrica- Madrid). Mr. Korowajczuk was one of the founders of the CPgD (Brazilian Telecom Research and Development Center) where he was involved in the development of the national PCM (MCP-30) and SPC Switching (TROPICO) equipments. He held the following positions during his previous career: Executive Director of the Switching and Wireless Divisions of Elebra Telecomunicagoes S/A; Director of the Wireless Division of Alcatel in Brazil, CTO of Comsat Plexsys in the USA where he developed Wireless Switching (MSC) and Cellular Radio Equipment(BTS) and CEO/CTO of CelPlan Technologies and CelPlan International. Mr. Korowajczuk holds patents in the fields of electrical and mechanical packaging, switching equipment and wireless fraud. He co-authors the book "Designing cdma2000 Systems" published by Wiley. Mr. Korowajczuk gives lectures on the design of wireless and surveillance systems and is writing a book to be published by Wiley on "WiMAX and LTE Network Design". CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Annex E—Resumes Paulo Leite ROLE Paulo Leite has functioned as CelPlan Project Manager in some of CelPlan's most prestigious past wireless surveillance projects. Paulo Leite is proposed as Project Manager in this project. RESUME Mr. Leite is the Director of Product Engineering position at CelPlan Technologies being responsible for product development and releases activities. He received his MS degree in Telecommunications and Computers in 2007 from George Washington University and BS in Electrical Engineering in 1991 from UNICAMP, with an Electronic Engineering specialization. He has 18+years of experience in telecommunications development including projects in Data Communications equipment, using data protocols (X25, SS7, TCP/IP, and proprietary), and complete switches and base station controller development, from specification to test phases. He specializes in Wireless Networks with emphasis in design and optimization including 4G, 3G, IS2000, and GSM/GPRS Networks. He has 18+years of experience in international telecommunications planning, design, optimization, and deployment including complete turnkey wireless systems deployment including RF engineering design, optimization, commissioning, integration, and acceptance tests. He also deployed several high quality turnkey video surveillance systems for public safety organizations. He is fluent in English, Spanish, and Portuguese. EDUCATION 2006-2007 George Washington University Ashburn, VA M. S. in Telecommunications and Computers. 1987-1991 State University of Campinas (UNICAMP) Campinas, SP (Brazil) B. S. in Electric Engineering (Major on Telecommunications Systems and Electronic Engineering) CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Annex F—Reference Documentation Annex F - Reference Documentation In addition to the reference information provided in Chapter 1, this Annex F includes actual reference letters, originating from CelPlan customers, to provide additional insight in prior CelPlan deployments. Also, this section includes the summary evaluation sheet from the City of Modesto Police for a similar large-scale surveillance system. This sheet indicates that CelPlan was assigned almost double the number of points compared to the next-best bidder, which provides evidence of Wi4Net's leadership in the market. Also, our web-site includes connections to news-references in relation to our deployments with both articles and video feeds (see screen capture below from www.wi4net.com web-site). Some articles are included in this section as well. rt,/ 11*.m /Nr.W14NWMr1WI4NetInTh°N°wa asp '} A Googlx n - Fb pot Yv F-art. Tale H� Go saw- 4 moamaa«- °:5 rnea- » �`v- sgnln- d} p�w4rva-1�amogpro�aoror°»raessmaee�,rveulaoo.. -0 ' ... P.gi, rpols- WT4Nef Difen of (ePan r .He"arr Ebout WIMNt Ilh rill P"Juda Call U. ttaooarnna About Wi4Net - omeWaw limbs fthhh a Modesto Crime Camera ERectlm In The HI 3KCR.C-pia.-May 10,2010 El KGRAr.com Coma" Camere GW31-AFor .2Dino Modesto Race Susoecb CB513 CW31-A F., abbi Four Armsted In Well ions.Kidnaooino CRS 13 CW31-April 25,2010 7 LW� P tpe Arrest 4 Jitter Modesto A.ssaoh Rape KSBW mm 8-April 25.2010 ja Surveillance rameru lead Rmdino police In home inmsion auvecGs Rearing Eagle-March 5,2D1 D d lPmteded Mode.OR :1W2 - Cellplan Technologies,Inc.,1920Association Dr.,Reston,VA20191 Annex F—Reference Documentation Lt. Steve Ditmars, Long Beach Police Department, July 19, 2007 Were you pleased with the work CelPlan did? Yes. CelPlan installed a 9 point/17 camera system along Pine Avenue in downtown Long Beach. The system runs along Pine from Shoreline to 6th Street, a distance in excess of 3/4 of a mile. The system was installed very professionally and monitored by City of Long Beach technical staff to ensure compliance. Everything was done properly and to local code. When the system was initially installed, a permanent location for the monitoring center had not been selected. CelPlan accommodated the City by installing the equipment in a temporary location and then relocating the monitoring center at no additional cost later. This monitoring system was the first for the City of Long Beach. CelPlan has been very accommodating in terms to requests and changes we have asked for. Overall, I am extremely pleased with their performance as a vendor and their equipment, which has exceeded my expectations. Currently, we are using approximately half of the available bandwidth on a 10Mhz system. This allows us to expand the existing system without the expense of additional backbone. The best recommendation I can give them is to note that we have recently begun expanding our system under a Buffer Zone grant. We chose CelPlan again to perform this work. Did you find that CelPlan was responsive to any changes that may have risen unexpectedly? We believe Long Beach was the first 4.9 GHz wireless camera program in the United States (at least we have found no evidence of any other similar systems). As such, the project broke new ground. I found CelPlan to be responsive to any necessary changes needed. Most importantly to us in our purchase of video systems is the contractor's ability to meet the stated delivery schedule. Did you find CelPlan routinely met delivery? If not, what would you say the problem was? Our Request for Proposals mandated beginning work within 30 days of a signed contract. CelPlan exceeded this schedule. The installation was completed in a timely manner. The only delays in the installation were the result of the City of Long Beach failing to provide access to electrical connections. This was not CelPlan's responsibility and they assisted the City in resolving it. CelPlan Technologies,Inc.,1920Association Dr.,Reston,VA20191 Annex F—Reference Documentation Inspector Vincent Flores, Milwaukee Police Department, July 19, 2007 Were you pleased with the work CelPlan did? Yes. However, it should he noted that CelPlan is still deploying the digital surveilance cameras and is on-target. Did you find that CelPlan was responsive to any changes that may have risen unexpectedly? Yes, very responsive. Most importantly to us in our purchase of video systems is the contractor's ability to meet the stated delivery schedule. Did you find CelPlan routinely met delivery? If not, what would you say the problem was? Yes. In fact, they were usually ahead of schedule. Any delays were usually due to electrical and/or data connections on the part of the City. CelPlan Technologies,Inc.,1920Association Dr.,Reston,VA20191 Annex F—Reference Documentation AUT0a0T1VE cumin . 1 / " / • Search site Here... ONUNEr Nui Barium' Sports Arta/entertBioment Unestyle sawed Sabbegrs Community $pedal Moments Money Convert Web GCWslves pare Video Surveillance Price Quotes And Save! f � 1vte,amma Click on picture to enlarge. El SuneiNance cameras watcLing forcrime in downtown Reading By ateren H...no, uaadma acapla Seated in fro nl Of a computer iordor in a Doty tw moral n City all,Michael A.Garipoli moves a joystick to zoom in o camera's lens age vehicles on vCoggle on Washington street pass Me Goggle Works Center for the AFls. Read gEagle:.for ,list en ,-I'd,ac Police orpo Willwm M.Haimr left, It's possible to read license plates an identify and at.rl n Garipoli,own reennmogy 11ur.Has facts,features eature of approaching motorists a few areainamor,w¢h a can Hn I.,vetlanoa- blocksaway.s mmm� can Hali rndin .tom svenwreaon. anpoi pans In is moan a on a Systems pole al Be and Washington streets,to follow Systems for Home&Biz. traffic as II winds past the Readiing Movies Remote Viewing.Call the 11/IMAX theater onto the Penn Street Bridge, Article TOols Original Camera Pros PVwto del.ico.us .CCllrVmgn,m c A blown-op version of the imagers protected on Eugg This e of two large wall-mounted monitors.On the snare on Faoebook 0nit n,police department employees can Cheapsurredlamre iultaneously display live images fed by other Email Value an: as placed In and near Reading's downtown. Print Article Click here for surveillance Video from 16 camerae can be displayed On One camera and recorder screen, handles at low antes. since eddy December,19 of the 25 cameras ordered by the department have been installed at wawa'°sn::.tom strategic locations In the first phase of a$1 4 million crime-prevention project,saitl Garipoli,a JI video security ale. retired city pol Iceman now working as the department'a technology coordinate r. - tl [be erected before the 51X remaining be mounted,which he four.sn,r5m% From, drop all kl6 for aripoli said poles must g cameras can expects wall occur within a few weeks. vs,..h�sr"m The cameras have been a long time coming for police chief William M.Heim,who initially Bally proposed IM1e idea In[M1e late 1990s when he served Fis firs[slim[as chief. vmen tourer. 'when Heim returned as Reading chief In 2006,he and Mayor Tom McMahon made cameras one t eleatmnicz of their top priorities for cutting crime. Hon 09, on C,mmrd,m s "We're really optimistic It's going to Improve safety In the city,making It more eomfortabie for .us eppla.rr.r"m e_. people to use the city and more uncomfortable for offenders knowing their actions are going to be caught on camera,"the chief said of the video system. Cory ylnam Cameras B Two offenders found that out earlier Mrs month when a aefecbve s w a drug transaction OVRs n [akin lace In a car that was parked near one of the cameras,which had been operational for Industry leader since g p par Perz 199R.mwrim,fast do less Man a day,Garipoli saitl. suhmioms..I—ship .acn.6dc:zlz.:.am The thing sus was in Me control room,getting training on the system,when he noticed something suspicious. He zoomed in on the car and could clearly se ne the LmeHwho hantle tl Me tlriver ea an cocaine Geripoh Top IMArtielesof[he nay aid. red of pinning seminude Rob ezon Torvnm p Injusta The detective sent Offices t0 the location and in s m a :chairman,son charged L1xuWIn Police oangell iso few clicks! arrested both men on drug charges.Police B.wemerrille State Hospital facet ohorgene onIdn't disclose the Vocation. cult on nurse a.Past reason bargains in Berlin,emewng ,can The may received state and federal fume for 5.Reeaadingtmlanalcharged in murder mwoman the system andalso Committed nearly$a00,000 found near Warrensville state reseal (Tom its depital improvements fend. 6. agern Reatll g V,,pmpehy to—townsm, er$1Progyrit atse Additional fundin would be needed for Ms s.him,n a tron:toer down I Poor,as a shonk l"IMI i 9wou s.commons main for fam0y ahar spring 0nd phase,which could bring an additional lown,h,p fire SO cameras,Heim said.He did not know when 10.Roadingg vea Community College,farm, phase two might start. llniveairysign deal on meohatromed Las[ANcli s Read By You Heim said the department is caking small steps In rolling out the new technology,with roodi.nae cameras wamhmg for crime In personnel gradually gaining a comfort level. downtown Reading We want t0 respect privacy,"he said,noting are cameras only will see what a person would be able to see from the same vantage point."This H not a toy;the purpose is for preventing crime and aiding In Investigations." Heim said the city hasn't received any citizen complaints about the cameras Intruding on privacy. He said the cameras are not intended as an end all to the ones crime problems,but rather one piece of an comprehensive crime preventionstrategy. The Iseat i any of Me cameras aren't necessarily a secret,but police dent want to publicly al Ma entire network.Some cameras may be moved depending on crime trends,police have saitl. "where there's no camera today,there could be a camera tomorrow,"Heim said. •contact reporter Steven Henshave at 610-371-5029 0r shenshawareadingeaglenom. Annex F—Reference Documentation �) A21 Crime cameras -- 07 zoos P•bE L >+s ®aMa�l O G9r!rCn39 v�.ms l Mllwauk®e Police Installed 18 so-called pole-cameras In certain high crime neighborhoods. - In recentyears.fears ofterrorism and advances in technology have made surveillance cameras a fact of life in many major American cities. And just Iastyear,Milwaukee Police installed 18 so- called pale-cameras in certain high crime neighborhoods. cos sas A Putting aside forthe moment serious concems over civil liberties,CBS 58s Jim'A'inchestertakes a closer look at whether those cameras actually help reduce crime. CelPlan Technologies,Inc.,1920Association Dr.,Reston,VA20191 Annex F—Reference Documentation ❑ x ;e Fftp://wnm'.kcm corn/news,=13933/detail.Hail Goegle P Uiew Favorites Tools Help Search -.. Iy �- » Nv - Sign In - ME e Cameras k3Fedive-Sacrament o News .. L'If - - ( - Page - 'J.'Tools - Morning Ne'Ns Quake Reports Modesto Crime Cameras Effective slideshows Police Say Dozens Of Crimes Stopped National News 1EI Email 8 Print ►sports F-ETE:. 11 ff,prr.F_T f.!a, :,,_,,, Comments (1) ►Entertainment UPDATED.12'41 am POT hlsy 11,2a13 u local © Recommend Traffic SHARE c �... Politics Community ►Money MODF5TO,Calif.--Police have solved, and in many cases,stopped Health dozens of crimes in Modesto with Food and Recipes surveillance cameras scattered Irresistihle throughout the downtown ►KQCA My58 entertsamnent district. & � ALERTS Thursday through Saturday nights Get Headlines Sent To Your one officer constantly monitors in Email Or Phone cameras from an office at the maul Fnter Email police station. ®' I.1adestu Crime Cameras Effective "The ability these cameras give us,As �111ARKETPLKCE c� Ill 21 like putting is more cops Advertise with us downtown,"Modesto Police A-List Department Capt. Ron Cloward said. Half-Price Deals Green Pages Automotive Cloward showed KCRA video of fights,drug deals and car burglaries. He Cash For Appliances said the cameras have caught some of the most viscous assaults he's seen. ►Technology ►Family "What they don't know-,is an officer is watching the entire thing,"Cloward - Dating said, CelPlan Technologies,Inc.,1920Association Dr.,Reston,VA20191 Annex G—Maintenance Terms Annex G — Maintenance Terms CelPlan can provide a wide-range of maintenance options, and details can be discussed with the customer. As a starting point, we are offering a comprehensive 1-year plan, as described below. We can adjust our plan, if the City feels it does not match its expectations. a. Maintenance Plan Summary The proposed maintenance plan includes the following main features: • Warranty of all (CelPlan-provided) equipment during maintenance period • Remote monitoring and diagnostics (i.e. as part of preventive maintenance) (during business hours) • Phone and e-mail technical support (during business hours) • On-site (corrective) services (during business hours) b. Preventive Maintenance CelPlan will perform weekly remote monitoring and diagnostics of the network to assure overall systems health (including verification of system bandwidth, redundant component failures (such as hard-drives), etc.). If problems are detected, we will create a case number and report the Customer about the detected problem, and our resolution plan. Secondly, CelPlan will also perform periodic (annual at minimum) field check system. Additionally, once per year, CelPlan will perform a camera (lens) cleaning service for the outdoor cameras (CelPlan provided). c. Problem Reporting A detailed problem reporting procedure will be provided to the Customer at contract signature. Business hour support is assumed. d. Problem Resolution Tracking Based on received problem report, a case number will be assigned to the problem report for mutual tracking purposes, with an acknowledgement provided to the Customer's assigned points of contact. Upon problem acknowledgement, the problem level will be assessed, upon which a resolution plan will be defined, and communicated to the Customer. Upon problem resolution, a notification of problem closure will be provided to assigned points of contact with the Customer. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 Annex G—Maintenance Terms e. Problem Definition Using a tiered problem structure, we recognize three major categories of problems as follows: • Level 1: Emergency problems, including overall network outage or server outage, and backhaul outage. • Level 2: Problems affecting a portion of the network, with lack of access to multiple cameras. • Level 3: Minor problems, affecting one camera unit, or a servicing requirement that does not immediately affect operation (such as failures in redundant components of the network). f. Response Time Adjusted to the problem level, the following standard response time targets are provided. In addition, case by case, CelPlan will collaborate as much as possible to adjust the response time to specific Customer needs in terms problem resolution and response time. • Level 1: CelPlan targets to start on-line/remote diagnostics and resolution services within 4 hours from problem reporting during business hours. In parallel, if required, CelPlan targets to mobilize the field team with a 24 hour response time during business hours. • Level 2: CelPlan targets to start on-line/remote diagnostics and resolution services within 4 hours from problem reporting during business hours. In parallel, if required, CelPlan targets to mobilize the field team within 24 hours during business hours. • Level 3: CelPlan will provide problem acknowledgement within 4 hours (during business hours), and targets to start on-line/remote diagnostics and resolution services within 24 hours from problem reporting during business hours. In parallel, if required, CelPlan targets to mobilize the field team within 48 hours during business hours. g. Escalation Procedure In addition to the standard support structure, CelPlan provides a (multi-tier) reporting escalation procedure to provide flexibility for specific cases, and immediately address problems or concerns in regards to maintenance. h. Spares and Equipment Replacement In the standard plan, no local spares are assumed, with a goal to ship replacement parts overnight, as required. Several local spares may be maintained locally at CelPlan's discretion. CelPlan Technologies,Inc.,1920 Association Dr.,Reston, VA 20191 CERTIFICATE OF LIABILITY INSURANCE F DATE (MM8 Ong) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Martha M.Benjamin CIC MBI Insurance Agency,Inc. PHONE , 703 860-0906 IAQFAX 703 860-0907 2940 Harvest Glen Court E-MAIL 'rthallilimbiagency.biz Oak Hill,VA 20171 INSUREFUSI AFFORDING COVERAGE NAIC HjSUI The Hartford Insurance Company INSURED INSURER B, Celplan Technologies,Inc. 1920 Association Drive,4th Floor Reston,VA 20190 INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS jjx—GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1 000 000 CLAIMS-MADE %❑OCCUR X 42SBAP13731 8/16/15 8/16/16 MED EXP(Am one erson $10000 PERSONAL S ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $2,000,000 % POLICY PRO- LOC IS AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1000,000 �codffll) I, B % ANY AUTO BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED % 72-UEC-VK-1410 0618115 0618/16 BODILY INJURY(Peraoa0em) 5 AUTOS% HREDAUTOS X NON-OWNED PROPERTY DAMAGE 5 AUTOS 5 % UMBRELLA LIAR N OCCUR EACH OCCURRENCE 2 000 000 A EXCESS LIAR CLAIM -MADE 42SBAP13731 8116115 8116116 AGGREGATE s2000000 DED % 10,000 WORKERS COMPENSATION X WC STATU OTH- AND EMPLOYERS'UABIUTY A ANY OFFICERMB BER EXCLUDED Ecunv N NIA 42WECTJ2444 04/17/16 04117117 E.L EACH ACCIDENT 1000000 (Mandatory In NH) lJ E.L DISEASE-EA EMPLOYEE S 1,000,000 ,,he, de poe under I TI F T C E.L DISEASE-POLICY LIMIT 1000000 A Professional Liability 42SBAP13731 8116/15 W16116 $1M/$1 M/$1 OK ded A Business Personal Property 42SBAP13731 8116115 8/16116 S415,000-Limit of Ins $1,000Ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,d more space Is required) The City,its officers,elected or appointed officials,employees,agents,and volunteers are covered as Additional Insureds,as respects liability arising out of action performed by or on behalf of the contractor,products and completed operations of the contractor,premises owned,occupie, or used by the contractor,or automobiles PTO 1' owned leaseQr bpuowaid t the contractor. Y \ .11 IVK1Y1 CERTIFICATE HOLDER CANCELLATION Ile I City Of Huntington Beath p_Mlcheel QKRe,6ty Attatlfey SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 'V- THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE _ <MMB> 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Dec 01 2015 08:51 AM LBT Purchasing 5625912083 page 1 LONG BEACH PUBLIC TRANSPORTATION COMPANY AGREEMENT For RFP #: 15-022 FACILITY SECURITY CAMERA UPGRADEIMIGRATION PROJECT Dec 01 2015 08:51 AM LBT Purchasing 5625912083 page 2 AGREEMENT NO. 15-022 BETWEEN LONG BEACH PUBLIC TRANSPORTATION COMPANY AND CELPLAN TECHNOLOGIES, INC. THIS AGREEMENT is made and entered into this 28`h day of October, 2015, by and between the LONG BEACH PUBLIC TRANSPORTATION COMPANY ("Buyer"), a California public nonprofit corporation and CELPLAN TECHNOLOGIES, INC. ("Seller"). WITNESSETH WHEREAS, Buyer requires the services of Seller to provide employee survey development Services; WHEREAS, said work and/or material cannot be performed by the regular employees of Buyer; WHEREAS, Seller has represented that it has the requisite personnel and experience, and is capable of providing such work and/or material; and WHEREAS, Seller wishes to provide such work and/or material. NOW, THEREFORE, it is mutually understood and agreed by Buyer and Seller as follows: ARTICLE 1. COMPLETE AGREEMENT This Agreement, Exhibits, RFP Package Documents, and. Proposal Documents constitutes the complete and exclusive statement of the terms and conditions of the agreement between Buyer and Seller and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other terms or conditions. Buyer's failure to insist in any one or more instances upon Seller's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of Buyer's right to such performance or to future performance of such terms) or condition(s) and Seller's obligation in respect thereto shall continue in full force and Page 1 of 5 Dec 01 2015 08:51 AM LBT Purchasing 5625912083 page 3 effect. Changes hereto shall not be binding upon Buyer except when specifically confirmed in writing by an authorized representative of Buyer. ARTICLE 2. BUYER DESIGNEE The President and CEO of Buyer, or his designee, shall have the authority to act for Buyer as set forth in this Agreement and per the authorization granted by Buyer's Board of Directors. ARTICLE 3. SCOPE OF FORK Seller shall perform the work necessary to complete in a manner satisfactory to Buyer, the services set forth in the Scope of Work / Requirements specifications of RFP 15-022 and said RFP, CelPlan Technologies, Inc. proposal dated July 9, 2015, and best and final offer dated September 9, 2015,which are incorporated by this reference and made a part of this Agreement. ARTICLE 4. TERMS INCORPORATED BY REFERENCE The following Terms and Conditions are incorporated by reference: 1. Purchase Order Attachment LET-01, General Terms& Conditions 2. Purchase Order Attachment LET-10-00,Insurance Requirements 3. Purchase Order Attachment LET-14,Request For Change Order Process ARTICLE 5. TERM OF AGREEMENT This Agreement shall commence upon execution by the parties and shall continue until the work and/or materials in the Scope of Work / Requirements have been delivered per the schedule in Seller's proposal, or as modified and agreed to in writing between Buyer and Seller. ARTICLE 6. NOTICE TO PROCEED The Notice to Proceed shall be issued within twenty (20) working days of the Agreement execution. Should there be reasons why the Notice to Proceed cannot be issued within such period; the time may be extended by mutual agreement between Buyer and Seller, Page 2 of 5 Dec 01 2015 08:51 AM LBT Purchasing 5625912083 page 4 ARTICLE 7.PAYMENT For Seller's full and complete performance of its obligations under this Agreement, Buyer shall pay Seller the sum of six-hundred and thirty-four thousand seven hundred and eighty-seven dollars ($634,787), for the completion of all deliverables of said contract. Invoices shall be submitted by Seller to Buyer's Accounts Payable Office. Each invoice shall reference the Purchase Order number assigned for this specific project, and the amount of payment requested. Buyer shall remit payment within thirty (30) days of receipt and approval of each correct invoice. ARTICLE 8. MAXIMUM OBLIGATION Notwithstanding any provisions of this Agreement to the contrary, Buyer and Seller mutually agree that Buyer's maximum cumulative payment obligation hereunder (including obligation for Seller's profit) shall be six-hundred and thirty-four thousand seven hundred and eighty-seven dollars ($634,787), including all amounts payable to Seller for any subcontracts, leases, materials and costs arising from, or due to termination of this Agreement. ARTICLE 9.NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes, shall be by delivery in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested,postage prepaid, addressed as follows: To: To: CELPLAN TECHNOLOGIES, INC. LONG BEACH PUBLIC 1920 Association Dr. 4 h Floor TRANSPORTATION COMPANY Reston, VA 20191 P.O. Box 731 Attention: Jasper Bruinzeel 1963 E. Anaheim Street Long Beach, CA 90801 Attention: Ed Kruisheer Page 3 of 5 Dec 01 2015 08:51 AM LBT Purchasing 5625912083 page 5 ARTICLE 10. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all letters, documents and reports produced under this Agreement shall be delivered to, and become upon payment in full for all services rendered, the property of, Buyer. Copies may be made for Seller's records. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by Buyer. ARTICLE 11. CHANGE ORDERS No changes may be made to the General Requirements, Technical Specifications or Scope of Work without written authorization from the Buyer. Any requests for changes from Seller must be made using Buyer's Request For Change Order �'RFCO") process identified as "Purchase Order Attachment LBT-14, Request for Change Order Process". The RFCO process consists of completing a request form, identifying any impact to cost or schedule, and obtaining written approval of Buyer. Complete instructions are attached to the form. Approved RFCO's will result in a revision to the Purchase Order. SIGNATURES ON NEXT PAGE Page 4 of 5 Dec 01 2015 08:52AM LBT Purchasing 5625912083 page 6 This Agreement shall be made effective upon execution by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 15-022 to be executed on the date first written above. LONG BEACH PUBLIC CELPLAN TECHNOLOGIES, INC. TRANSPORTATION COMPANY A. McDonald Leonhard Korowajczuk Pre ident and CEO CEO Date Date 10_30—2,0 E5- APPROVED AS TO FORM y -� 'Vincent- .Ewing General Counsel Date z/ s Page 5of5 REQUEST FOR PROPOSAL LONG BEACH PUBLIC TRANSPORTATION COMPANY 1963 E. Anaheim Street, Long Beach, CA 90813 (562) 591-8753 Facility Security Camera Upgrade/Migration Project RFP NO. 15-022 The Long Beach Public Transportation Company (LBPTC) invites and encourages your response to this Request for Proposal (RFP) for the provision of all labor, materials and management necessary to provide a new surveillance security camera system for both LBT locations on 1963 E. Anaheim St. and 6860 Cherry Ave, in Long Beach, California. This RFP package is divided into the following sections: I. PROPOSAL INSTRUCTIONS II. LBT-02, DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION REQUIREMENTS III. LBT-01, GENERAL TERMS & CONDITIONS IV. LBT-08, MANDATORY FTA TERMS & CONDITIONS V. LBT-10-00, INSURANCE REQUIREMENTS VI. REQUIRED FORMS VII. PROPOSAL RESPONSE/ PRICE SUMMARY FORM Vill. SAMPLE AGREEMENT IX. SCOPE OF WORK(SOW)/ REQUIREMENTS For the purpose of this RFP: 1. "Buyer" shall mean Long Beach Public Transportation Company (LBPTC), Long Beach Transit (LBT), Purchaser, Owner, FTA Recipient, or Grantee. 2. "Proposing Company" shall mean Seller, Offeror or Proposer. 3. FTA means Federal Transit Administration. 4. DBE means Disadvantaged Business Enterprise A pre-proposal meeting to clarify any contractual or technical issues of this RFP will be held on May 14, 2015 at 10:00 am PST, at Long Beach Transit's administrative offices located at 1963 E. Anaheim St. Long Beach, CA. 90801. Attendance is not necessary in order to submit a proposal. Key RFP Dates RFP Issue Date: May 1, 2015 Pre-Proposal Conference: May 14, 2015 Written Questions Due: May 21, 2015 Written Answers Due: May 29, 2015 Submit Proposal By(Due Date): June 19, 2015 Award/ P.O./ Contract: Within 90 days of Proposal Opening. Notice to Proceed: Within 20 working days of Award. Certificate of Insurance: Within 10 working days of Award, Prior to work. Completion Date: Within 190 days of Notice to Proceed. Rev 12.17.09 Page 1 of 1 LONG BEACH PUBLIC TRANSPORTATION COMPANY SECTION I PROPOSAL INSTRUCTIONS For RFP #: 15-022 FACILITY SECURITY CAMERA UPGRADE/MIGRATION PROJECT Rev. 12.17.09 Section I, Proposal Instructions Page 1 of 13 PROPOSAL INSTRUCTIONS TABLE OF CONTENTS 1. PROPOSAL SUBMITTANCE........................................................................................3 2. PROPOSAL VALIDITY.................................................................................................3 3. PROPOSAL FORM.......................................................................................................4 4. PROPOSAL DUE DATE...............................................................................................4 5. PROPOSAL CHANGES................................................................................................4 6. PROPOSAL LIST .........................................................................................................4 7. PROPOSAL FORM PROVISIONS................................................................................4 8. WAGES-WORKER'S COMPENSATION....................................................................4 9. APPEAL PROCEDURES..............................................................................................4 10. BRAND NAMES (IF APPLICABLE).............................................................................5 11. EQUIVALENT MATERIALS-(IF APPLICABLE) .........................................................5 12. NEW MATERIAL (IF APPLICABLE).............................................................................5 13. ADDENDA AND INTERPRETATIONS..........................................................................5 14. TAXES..........................................................................................................................6 15. PRE-CONTRACTUAL EXPENSES...............................................................................6 16. JOINT OFFERS............................................................................................................6 17. APPENDICES...............................................................................................................6 18. PROPOSAL FORMAT AND CONTENT........................................................................7 19. EVALUATION OF PROPOSALS................................................................................10 20. EVALUATION PROCEDURE......................................................................................11 21. AWARD......................................................................................................................11 22. NOTIFICATION OF AWARD AND DEBRIEFING........................................................12 23. CONFIDENTIALITY....................................................................................................12 24. ACCEPTANCE OF ORDER........................................................................................12 25. DISQUALIFICATION OF PROPOSING COMPANIES.................................................12 26. DISCREPANCIES AND MISUNDERSTANDINGS ......................................................12 27. SUB-CONTRACTORS................................................................................................12 28. PROPOSING COMPANY'S LICENSING REQUIREMENTS........................................13 29. PROPOSAL RESPONSIVNESS.................................................................................13 30. PROPOSAL PROTEST PROCEDURES.....................................................................13 31. EQUAL OPPORTUNITY.............................................................................................13 32. SPECIAL NOTE- CHANGE ORDERS AFTER AWARD.............................................13 Rev. 12.17.09 Section I, Proposal Instructions Page 2 of 13 PROPOSAL INSTRUCTIONS Applicable to Materials & Supplies The following instructions and conditions apply when responding to this RFP: 1. PROPOSAL SUBMITTANCE All Proposals must be submitted in strict compliance with the Proposal Instructions as prescribed within this RFP, and must be received at the reception lobby of Long Beach Transit's administrative offices no later than 2:00 pm PST, on or before June 19, 2015. Three complete sets plus one digital copy are requested. All proposals are to be delivered in sealed envelopes marked as follows: RFP# 15-022, Facility Security Camera Upgrade/Migration Project, Attn: Ed Kruisheer If your Proposal is to be delivered by the U.S. Postal Service, the following address shall be used: Long Beach Public Transportation Company P.O. Box 731 Long Beach, CA. 90801-0731 Attn: Ed Kruisheer, Purchasing Dept. If your Proposal is to be delivered using any other means, the following address shall be used: Long Beach Public Transportation Company 1963 E. Anaheim St. Long Beach, CA. 90801-0731 Attn: Ed Kruisheer, Purchasing Dept. PLEASE NOTE: • PROPOSALS RECEIVED AFTER THE TIME AND DATE SPECIFIED ABOVE WILL BE CONSIDERED NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD. • E-MAIL AND FAXED PROPOSALS WILL BE CONSIDERED NOW RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD. 2. PROPOSAL VALIDITY All Proposals submitted must be valid for a period of 90 days from the"Proposal Due Date." Rev. 12.17.09 Section I, Proposal Instructions Page 3 of 13 3. PROPOSAL FORM Your Proposal must be submitted on the forms provided. Proposals submitted on any other forms may be considered non-responsive and may be rejected. Your Proposal shall include the properly completed and signed PROPOSAL RESPONSE/ PRICE SUMMARY FORM as well as all mandated FTA required forms and certifications. 4. PROPOSAL DUE DATE Proposals are due by the time and location designated by the Buyer within this RFP. The Buyer reserves the right to extend the Proposal due date at its own convenience. 5. PROPOSAL CHANGES Any verbal modifications of the conditions or specifications documented herein shall be considered void and ineffective for Proposal preparation and evaluation purposes. Only changes issued in the form of written addendums to this RFP from Buyer's Procurement Department shall be considered valid and binding. 6. PROPOSAL LIST The Buyer reserves the right to remove from mailing lists for future Proposals, for an indeterminate period of time, the name of any Proposing Company for their failure to accept a contract, failure to respond to two (2) consecutive Requests for Proposal and unsatisfactory performance. Please note that a "No Proposal" is considered a response. 7. PROPOSAL FORM PROVISIONS No form provisions, terms, conditions, requirements, and the like shall be considered as part of the Proposal, unless a statement is typed or written on the Proposal that such form provisions are intended to be part of the Proposal. 8. WAGES—WORKER'S COMPENSATION Proposing Companies are reminded that not less than minimum salaries and wages set forth by the Department of Industrial Relations; State of California must be paid on this project. Additionally, Proposing Companies must also be compliant with requirements relating to Worker's Compensation and conditions of employment. 9. APPEAL PROCEDURES (1) All requests for approved equals, clarifications of specifications, and protests of specifications must be received by the Buyer in writing, (By mail, fax, or e-mail.) no later than the date as specified on the "Written Questions Due" date on the REQUEST FOR PROPOSAL "Key RFP Dates". Verbal inquiries will not be accepted. Any request for an approved equal or protest of the specifications must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is equal to or better than the specification requirements. The burden of proof as to the equality, substitutability, and compatibility of proposed alternates or equals shall be upon the Proposing Company, who shall furnish all necessary information at no cost to the Buyer. The Buyer shall be sole judge as to the equality, substitutability, and compatibility of any proposed alternates or equals. (2) Buyer replies to the above requests will be dated no later than the "Written Answers Due" date as specified under "Key RFP Dates". Any verbal replies are not to be considered valid. Rev. 12.17.09 Section I, Proposal Instructions Page 4 of 13 (3) Any requests for approved equals, clarifications of specifications, and protests of specifications must be clearly labeled "Not A Proposal" on the outside of the envelope or on the "Subject" line, and sent to the attention of the Buyer as identified under 1. PROPOSAL SUBMITTANCE above. The Buyer is not responsible for failure to address an appeal that has not been labeled as such. 10. BRAND NAMES (IF APPLICABLE) (1) It should be understood that specifying a brand name, components, and/or equipment in this RFP shall not relieve the Proposing Company from its responsibility to produce the product in accordance with any performance warranty and contractual requirements. The Proposing Company is responsible for notifying the Buyer of any inappropriate brand name, component, and/or equipment substitute for consideration by the Buyer. 11. EQUIVALENT MATERIALS— (IF APPLICABLE) (1) All Proposals shall be in strict compliance with the requirements and provisions of the specifications provided, including the provisions herein regarding "approvals", "approved equals" and "deviation". Where a feature, component, or item is specified by brand name in these specifications, the words "or approved equal" will apply. Where the "approval" of the Buyer is specifically required by these specifications in connection with a particular feature, or if the Proposing Company proposes to submit a Proposal containing "approved equal" or "deviations" from specific requirements of these specifications, the Proposing Company shall submit written requests at least fifteen (15) working days prior to the date and hour of the Proposal opening. Requests received after this time will not be considered. Requests shall be accompanied by an itemized comparison of the proposed substitution with the products specified or named by Addenda. (2) Proposals shall contain copies of "approvals", "approved equals" or "deviations" as are specifically approved by the Buyer, confirmed in writing, prior to Proposal due date. Any unapproved deviations, exceptions, substitutions, alternates, or conditional qualifications contained in a Proposal may be cause for its rejection. 12. NEW MATERIAL (IF APPLICABLE) Except as to any supplies and components which this agreement specifically provides need not be new, the Proposing Company represents that the supplies and components to be provided under this agreement are new and of recent manufacture (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety). If at any time during the performance of this agreement, the Proposing Company believes that the furnishing of supplies or components that are not new is necessary or desirable, Proposing Company shall notify the Buyer immediately, in writing, including the reasons therefore and proposing any consideration that may flow to the Buyer if authorization to use such supplies is granted. 13. ADDENDA AND INTERPRETATIONS (1) No interpretation of the meaning of any plans, specifications or other pre-proposal documents will be made to any Proposing Company orally. Every request for such interpretations shall be in writing addressed to LONG BEACH TRANSIT, 1963 E. Anaheim Street, Long Beach, California 90801, to the attention of the Buyer. Such requests must be received at least fifteen (15) working days prior to the date fixed for the opening of general Proposals respectively. Any and all such interpretations and Rev. 12.17.09 Section I, Proposal Instructions Page 5 of 13 any supplemental instructions will be in the form of written addenda to the specifications and, if issued, will be sent by mail, FAX or e-mail to all RFP holders (at the respective addresses furnished for such purposes). It is the Proposing Company's responsibility to ensure all requests are received and answered by the Buyer in timely fashion. (2) Failure of any Proposing Company to receive any such addendum or interpretation shall not relieve such Proposing Company from any obligation under this Proposal as submitted. All addenda so issued shall become part of the Contract Documents. Proposing Company shall assume full responsibility for making himself completely aware both of the existence and contents of all addenda. Each Proposing Company will be presumed to have inspected any relevant site, and to have read and be thoroughly familiar with any associated or referenced plans, specifications or other documentation (including all addenda) and referenced legal provisions. The failure or omission of any Proposing Company to examine any form, instrument, document or referenced applicable legal requirements shall in no way relieve any Proposing Company from any obligation with respect to the Proposal submitted. 14. TAXES (1) The Buyer is exempt from the payment of Federal Excise and Transportation taxes, so such taxes must not be included in proposal prices. (2) This quotation is subject to a State and Local sales tax, which shall be shown separately, but is a part of the contract price. 15. PRE-CONTRACTUAL EXPENSES The Buyer will be under no obligation for payment of pre-contractual expenses. Pre- contractual expenses are defined as expenses incurred by Proposing Company for the following: • Preparing the Proposal in response to this solicitation; • Submitting that Proposal to the Buyer; • Negotiating with the Buyer any matter related to this Proposal; and/or • Other expenses incurred by Proposing Company prior to date of award. 16. JOINT OFFERS Where two or more Proposing Companies desire to submit a single Proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than a joint venture. The Buyer intends to contract with a single firm and not with multiple firms doing business as a joint venture. 17. APPENDICES Information considered by the Proposing Company to be pertinent to this RFP and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Proposing Companies are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous material; appendices should be relevant and brief. Rev. 12.17.09 Section I, Proposal Instructions Page 6 of 13 18. PROPOSAL FORMAT AND CONTENT (1) Presentation Proposals shall be typed, double spaced, and submitted on 8 1/2" x 11" size paper, using a single method of fastening. Proposals should not include any unnecessarily elaborate or promotional material. The formats for the technical and cost proposals shall be as shown below. Proposing Companies are urged to be thorough in the presentation of their proposals. Material shall be presented in the order of the format below. All submittals are mandatory and considered part of the evaluation process. Failure to comply with this requirement may result in disqualification. (2) Letter of Transmittal The Letter of Transmittal should identify the proposing company and demonstrate the firm's understanding of the scope of work. The vendor shall state its understanding of the overall project objectives, the products and services required, and the anticipated outcomes. Specifically, the Letter of Transmittal shall be addressed to the Buyer as indicated in Section 1 of these instructions and must, at a minimum, contain the following: A. Identification of the Proposing Company, including name, address and telephone. B. Proposed working relationship between the Proposing Company and subcontractors, if applicable. C. Acknowledgment of receipt of all RFP addenda, if any. D. Name, title, address and telephone number of contact person during period of proposal evaluation. E. A statement to the effect that the proposal shall remain valid for a period of not less than 90 days from the date of submittal. F. Signature of a person authorized to bind the Proposing Company to the terms of the proposal. (3) Executive Summary A. In addition to any introductory remarks in the Executive Summary, the Proposing Company shall state its understanding of the overall project objectives and the skill levels required to successfully accomplish the project objectives. Key points of the proposal should be summarized including: primary tasks or events, the approach to be employed, any innovative techniques or solutions, insights, resources, requirements and etc. B. This summary shall also state whether the proposal does or does not fully comply with the requirements as defined in this RFP, noting any exceptions, and shall be signed by an authorized representative of the company. Rev. 12.17.09 Section I, Proposal Instructions Page 7 of 13 (4) Technical Proposal A. Qualifications, Related Experience and References of the Proposing Company This section of the proposal should establish the ability of the Proposing Company to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature, demonstrated competence in the services to be provided, strength and stability of the firm, staffing capability, work load, record of meeting schedules on similar projects, and supportive client references. The Proposing Company shall: (1) Provide a brief profile of the firm including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and number of employees. (2) Provide a general description of the firm's financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede The Proposing Company's ability to complete the project. (3) Describe the firm's experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe experience in similar projects, particularly in the transit and public sector environments. The Proposing Company must demonstrate to the satisfaction of the Buyer that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Proposing Company shall state and identify its involvement with other clients for both past and present projects. The Proposing Company shall state the client's name, and references (See 5 below) for similar projects, particularly those conducted for public transit in particular and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity. The Proposing Company's involvement and responsibility should be defined for each project. (4) Identify any subcontractors by company name, address, contact person, and telephone number and project function. (5) Provide as a minimum three (3) references for each project cited as related experience and furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. The Proposing Company may also supply references from other work not cited in this section as related experience. B. Proposed Staffing and Project Organization This section of the proposal should establish the method that will be used by the Proposing Company to manage the project as well as identify key personnel assigned. The Proposing Company shall: Rev. 12.17.09 Section I, Proposal Instructions Page 8 of 13 (1) Indicate adequacy of labor resources utilizing a table projecting the labor-hour allocation to the project by individual task. (2) Identify key personnel proposed to perform the work in the specified tasks and include major areas of any subcontract work. (3) Include a statement certifying that the key personnel will be available to the extent proposed, for the duration of the project in the manner prescribed, acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the Buyer. (4) Include the name and roles of the Proposing Company's Project Manager and other key managerial and technical personnel to be assigned to the project. Project organization and control measures, including the proposed quality assurance plan, will be thoroughly explained. (5) Include a statement signed by a duly authorized officer of the Proposing Company to the effect that all personnel offered in the proposal are either employed full-time by the firm or contractually obligated to the firm and available for the duration of the project at the person-hour level shown. (6) Provide a project or staffing chart that clearly delineates the proposed organization of key personnel and professional staff by name, title, tasks assigned and reporting relationship. C. Resumes Each proposal shall include a resume of not more than two pages, for each key staff member including: Project Manager, task and discipline leaders and key specialists. Resumes will include: title, years of experience, education, professional registrations, specific prior assignments with name of client, specific project role and responsibilities, and start and end dates for each assignment. D. Work Plan The Proposing Company shall provide a narrative, which addresses the Scope of Work and shows The Proposing Company's understanding of the Buyer's needs and requirements. The Proposing Company shall: (1) Describe the approach to completing the tasks specified in the Scope of Work. (2) Outline sequentially the activities that would be undertaken in completing the tasks and specify who would perform them. (3) Furnish a schedule for completing the tasks in terms of elapsed weeks from the project commencement date. Rev. 12.17.09 Section I, Proposal Instructions Page 9 of 13 (4) Identify methods that the Proposing Company will use to ensure quality control as well as budget and schedule control for the project. The Proposing Company may also propose procedural or technical enhancements/innovations to the Scope of Work, which do not materially deviate from the objectives or required content of the project. E. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where the Proposing Company wishes to propose alternative approaches to meeting the Buyer's technical or contractual requirements, thorough explanations are required. (5) Cost and Price Proposal A. As part of the cost and price proposal, the Proposing Company shall submit proposed pricing for each item described in the Scope of Work. B. The Proposing Company shall complete the "PROPOSAL RESPONSE / PRICE SUMMARY FORM," included with this RFP, and furnish any narrative required to explain the prices quoted. A "Firm-fixed-Price" proposal is the preferred method of pricing followed by cost-plus fixed- fee and time-and-expense. The Federal Transit Administration (FTA) that provides funding for this effort, does not generally accept proposals priced on a time-and-expense or time-and-materials basis except under unusual circumstances and with special FTA approval. Such proposals may be penalized during the Buyer's evaluation of the proposals received. 19. EVALUATION OF PROPOSALS This RFP includes specific requirements that will be used for the evaluation of Proposals. In order to be considered a responsive Proposal, the Proposing Company will submit all items as required in the Scope of Work (SOW). The Buyer will evaluate Proposals with respect to established evaluation criteria. As part of the evaluation process, the Buyer may request selected Proposing Companies appear for oral interviews after reviewing the written Proposals. Proposing Companies should be prepared to have key management personnel available for these interviews. The Buyer may elect to conduct an on-site inspection of selected Proposing Company facilities. The Buyer will notify the Proposing Company of the date and time at which the interview or on-site inspection will occur. The Buyer may also request additional information to clarify or assist in the evaluation. Proposals will be evaluated in accordance with the following criteria: (1) Best Solution: A. Experience—based on past implementation information (30%) B. Technical Equipment Operation (30%) C. Proposal presentation (10%) Rev. 12.17.09 Section I, Proposal Instructions Page 10 of 13 D. Availability of Personnel —dedication to project (10%) (2) Price: A. Overall pricing— (20%) In the event a single Proposal is received, the Buyer will conduct a price or cost analysis. A price analysis is the process of examining the proposal and evaluating the separate cost elements. It should be recognized that a price analysis through comparison to other similar procurements must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantity and involving similar provisions. Where a difference exists, a detailed analysis must be made of this difference and costs attached thereto. 20. EVALUATION PROCEDURE An evaluation committee, in accordance with the criteria established, will evaluate all proposals received as specified. The evaluators, in applying the major criteria to the proposals, may consider additional sub-criteria beyond those listed. Proposing Companies should be aware, however, that award may be made without interviews or further discussion. 21. AWARD (1) The Buyer reserves the right to withdraw this request at any time without prior notice. Furthermore, the Buyer makes no representations that an agreement will be awarded to any Proposing Company responding to this invitation. The Buyer expressly reserves the right to accept or reject any and all Proposals, or any item or part thereof, or to waive any informalities or irregularities in Proposals received without indicating any reasons for such actions. (2) The Buyer may negotiate contract terms with the selected Proposing Companies prior to award, and expressly reserves the right to negotiate with several Proposing Companies simultaneously and, thereafter, to award a contract to the Proposing Company offering the most favorable terms to the Buyer. (3) The Buyer reserves the right to award its total requirements to one Proposing Company or to apportion those requirements among several Proposing Companies as Buyer may deem to be in its best interest. In addition, negotiations may or may not be conducted. Therefore, the proposal submitted should contain Proposing Company's most favorable terms and conditions, since the selection and award may be made without discussion. (4) The Buyer reserves the right to make award within ninety(90) calendar days from the date Proposals are opened. Should award in whole or in part be delayed beyond the period of ninety(90) days, such award shall be conditioned upon successful Proposing Company's acceptance. (5) Prior to award of contract, the selected firm may be required to submit to a pre-award audit of their financial records to confirm claims of financial stability and ascertain the capacity of the firm's accounting system for administering the project. Rev. 12.17.09 Section I, Proposal Instructions Page 11 of 13 22. NOTIFICATION OF AWARD AND DEBRIEFING The Proposing Companies who submit a proposal in response to this RFP shall be notified in writing regarding the firm who was awarded the contract. Such notification shall be made within three (3) days of the date the contract is awarded. The Proposing Companies who were not awarded the contract may obtain a prompt explanation concerning the strengths and weaknesses of their proposal. Unsuccessful Proposing Companies, who wish to be debriefed, must request the debriefing in writing and must be received by the Buyer within three (3) days of notification of the contract award. 23. CONFIDENTIALITY Prior to Contract Award, the Buyer will treat as confidential all information contained in and so clearly identified in Proposals, supplements, and communications made in the course of procurement negotiations. To ensure appropriate post-award confidentiality, Proposing Companies should clearly identify trade secret information and should specifically cite statutory or regulatory authority for exemption from public disclosure. The Buyer disclaims liability for inadvertent disclosure of trade secrets or other information entitled to confidential treatment if the Proposer has failed to identify trade secrets or other sensitive information clearly or has failed to cite statutory or regulatory authority for keeping other information confidential. 24. ACCEPTANCE OF ORDER The successful Proposing Company will be required to accept a written contract and/or purchase order in accordance with, and including as a part thereof, the published notice of Request for Proposal the requirements and conditions and specifications, with no exceptions other than those specifically listed in the written contract or purchase order. 25. DISQUALIFICATION OF PROPOSING COMPANIES In the event that any Proposing Company acting as a prime contractor has an interest in more than one Proposal, all such Proposals will be rejected, and the Proposing Company will be disqualified. This restriction does not apply to sub-contractors or suppliers who may submit quotations to more than one Proposing Company. 26. DISCREPANCIES AND MISUNDERSTANDINGS Proposing Companies must satisfy themselves by personal examination of any work site, drawings, specifications, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No Proposing Company shall at any time after submission of the Proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the work required. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the Buyer and clarified prior to the submission of Proposals. 27. SUB-CONTRACTORS A listing of all Sub-contractors and Material Suppliers performing work for the prime Contract in an amount, equal to or in excess of one half (1/2) percent of the total Proposal Amount, shall be submitted and received with the Proposal. This list of Sub-contractors and Material Suppliers is a part of the Proposal Package, and failure to submit said listing Rev. 12.17.09 Section I, Proposal Instructions Page 12 of 13 may constitute an incomplete Proposal. A pre-printed form has been enclosed for the preparation of the List of Sub-contractor/Material Suppliers. 28. PROPOSING COMPANY'S LICENSING REQUIREMENTS The successful Proposing Company and their (applicable) subcontractor(s) may be required to possess a business license from the City of Long Beach, California, along with any specialty licenses necessary for this project. It is the responsibility of the Proposing Company to determine what licenses are required. Furthermore, the Proposing Company shall ensure that any and all sub-contractors fully comply with any other appropriate licensing requirements. The Proposing Company shall also certify that all information provided and representations made in the proposal are true and correct, and made under penalty of perjury. Proposing Companies shall provide this information on the certification presented in the RFP. Failure to provide the information requested on any certification forms or elsewhere as part of the Proposal may be cause for rejection of the Proposal. 29. PROPOSAL RESPONSIVNESS Proposing Companies shall respond to this RFP with respect to any and all sections, terms, conditions, requirements, specifications and drawings and the like. Failure to submit a complete response will likely result in proposal rejection. 30. PROPOSAL PROTEST PROCEDURES The Buyer has on file a set of written protest procedures applicable to this solicitation that may be obtained by contacting the Buyer's representative responsible for this procurement. Any protest filed by a Proposing Company in connection with this solicitation must be submitted in accordance with Buyer's written procedures. 31. EQUAL OPPORTUNITY The Buyer hereby notifies potential Proposing Companies that all firms will be afforded equal opportunity to submit Proposals in response to this request and will not be discriminated against in consideration for award on the basis of race, religion, color, sex, creed, marital status, ancestry, physical or mental disability, medical condition, sexual orientation, national origin, age, or any other consideration made unlawful by federal, state or local laws. 32. SPECIAL NOTE- CHANGE ORDERS AFTER AWARD Upon award to the successful proposing company, no changes may be made to the General Requirements, Technical Specifications or Scope of Work without written authorization from the Buyer. Any requests for changes from the supplier (Seller) must be made using the Buyer's Request For Change Order (RFCO) process. The RFCO process consists of completing a request form, identifying any impact to cost or schedule, and obtaining written approval of the Buyer. Approved RFCO's will result in a revision to the original Purchase Order. Rev. 12.17.09 Section I, Proposal Instructions Page 13 of 13 LONG BEACH PUBLIC TRANSPORTATION COMPANY SECTION II Purchase Order Attachment LBT-02 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION REQUIREMENTS Purchase Order Attachment LBT-02 Disadvantaged Business Enterprise (DBE) Participation Requirements Please Note: The Federal Transit Administration(FTA)and the Long Beach Public Transportation Company (LBPTC)supports business with Disadvantaged Business Enterprises. If qualified, your company as well as any subcontractors you may have, are encouraged to become certified DBE suppliers. In addition to other sources, local certification may be obtained through the City of Los Angeles, the MTA (Metropolitan Transit Authority of Los Angeles)OCTA (Orange County Transit Authority)and/or Orange County's John Wayne Airport. For more information, contact LBPTC's DBE Officer, John Van Leeuwen at(562)599-8546 or JVanLeeuwenCa LBTransit.com. TABLE OF CONTENTS 1. DBE Program Definitions .....................................................................................2 2. Buyer Assurance ................................................................................................3 3. Seller(Bidder/Proposer) Assurance ......................................................................3 4. DBE Participation Goal for This Contract ...............................................................4 5. Required Bid/Proposal Submittals ........................................................................4 6. Eligibility of DBE's ..............................................................................................4 7. Sellers Meeting DBE Goals ..................................................................................6 8. Sellers Not Meeting DBE Goal/Good Faith Efforts ...................................................6 9. Seller's Right to Administrative Reconsideration ....................................................7 10. Recommendation Process for Award of Contract ....................................................7 11. Reports of Payments to DBE Subcontractors .........................................................8 12. Reporting Goal Achievement ................................................................................8 13. DBE Replacement ................................................................................................8 Rev. 1.21.08 Page 1 of 8 LONG BEACH PUBLIC TRANSPORTATION COMPANY 12 Purchase Order Attachment LBT-02 Disadvantaged Business Enterprise (DBE) Participation Requirements 1. DBE Program Definitions Disadvantaged Business Enterprise (DBE). 1. 'Disadvantaged Business" is a for-profit, small business concern: 1) that is at least fifty-one percent (51%) owned by one or more individual who are both socially and economically disadvantaged, or, in the case of a corporation, in which fifty-one percent (51%) of the stock is owned by one or more socially and economically disadvantaged individuals, and 2) whose management and daily business operations are controlled by one or more socially and economically disadvantaged individuals who own it. 2. "A small business" is an existing small business, as defined by section 3 of the Small Business Act and the Small Business Administration regulations which implemented the Act (13 CFR Part 121), who average annual gross receipts for the previous three years do not exceed $16.6 million (or as adjusted for inflation by the Secretary of DOT), pursuant to 49 CFR Part 26.65(b). 3. "Socially and Economically Disadvantaged Individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are a. Any individual who is found to be socially and economically disadvantaged on a case-by- case basis. b. Any individual in the following groups, members of which are reputably presumed to be socially and economically disadvantaged: (i) "Black American", which includes persons having origins in any of the Black racial groups of Africa; (ii) "Hispanic American", which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race. (iii) "Native American", which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (iv) "Asian-Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Mauru, Federated States of Micronesia, or Hong Kong; (v) "Subcontinent Asian Americans", which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; (vi) Women; Rev. 1.21.08 Page 2 of 8 (vii) Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective. 4. "Tribally-Owned Concern" means any concern at least 51 percent owned by an Indian tribe. 5. "Small Business Concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. 6. "Owned and Controlled" is defined as a business concern; (a) which is at least 51 percent owned by one or more socially and economically Disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically Disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically Disadvantaged individuals who own it. 7. "Race-Neutral" means a procedure or program that is used to assist all small businesses and is not based on race or sex of individual. 8. "Race-Conscious" means a procedure or program that is specifically focused on assisting only DBEs. 9. "Personal Net Worth (PNW)" means the net value of the assets of an individual remaining after total liabilities are deducted. An individual's PNW does not include: 1) the individual's ownership interest in an applicant or participating DBE firm; or 2) the individual's equity in his or her primary place of residence. An individual's PNW includes only his or her own share of community property with the individual's spouse. 10. "Buyer" shall mean Long Beach Public Transportation Company (aka: Long Beach Transit, LBT, Contracting Officer, Purchasing Representative, Government and Buyer) and 11. "Seller" (aka: Bidder, Contractor) shall mean the person and/or company from whom the merchandise, goods or service are offered or ordered from. 2. Buyer Assurance. Buyer shall not discriminate on the basis of race, color, creed, national origin, sex, age, religion, marital status, ancestry, physical or mental disability, medical condition, sexual orientation, or any other consideration made unlawful by federal state, or local laws in the award and performance of any U.S. Department of Transportation (DOT) assisted contract, or in the administration of its Disadvantaged Business Enterprise (DBE) Program, or the requirements of 49 CFR part 26. Buyer will take all necessary and reasonable steps under 49 CFR part 26 to ensure non-discrimination in the award and administration of DOT-assisted contracts. It is the policy of Buyer to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to Buyer's construction, procurement and professional services activities. 3. Seller (Bidder/Proposer) Assurance. Pursuant to 49 CFR part 26, the Seller is required to make the following assurance in its agreement with Buyer and to include this assurance in any agreements it makes with subcontractors in the performance of this contract: "The Seller or Subcontractor shall not discriminate on the basis of race, color, creed, national origin, sex, age, religion, marital status, ancestry, physical or mental disability, medical condition, sexual orientation, or any other consideration made unlawful by federal state, or local laws in the performance of this contract. The Seller shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure of the Seller or Rev. 1.21.08 Page 3 of 8 Subcontractor to carry out these requirements is a material breach of contract, which may result in the termination of contract by Buyer, or any other such remedy Buyer may deem appropriate". Buyer's DBE Program, as required by 49 CFR part 26, as approved by DOT, is incorporated by reference in this section. Implementation of this DBE Program is a legal obligation and failure to carry out its terms shall be treated as a violation of this contract. Upon notification of failure to carry out its approved program, the DOT and/or the Federal Transit Administration (FTA) may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et sec). In accordance with part 26, Title 49 of Code of Federal Regulations, "Participation by Disadvantaged Business Enterprise in Department of Transportation Programs," Buyer sets a specific percentage for participation by DBE certified firms. This percentage goal is based upon the total amount of Federal dollars Buyer anticipates spending over the fiscal year as compared to the amount of ready, willing and able DBEs to perform Federally funded projects. Buyer intends to meet this goal to the maximum extent feasible through race-neutral measures, including the encouragement of DBE participation on contracts that have no specific DBE goal. Where race-neutral measures are inadequate to meet the annual goal, Buyer will establish specific contract goals for particular projects with subcontracting opportunities. 4. DBE Participation Goal For This Contract. No DBE participation goal has been established for this contract. DBE participation, however, is encouraged. DBE firms are encouraged to submit Bids/Proposals as Sellers (Prime Contractors) for this project, and non-DBE firms are encouraged to pursue every effort to secure DBE participation through joint venture, or sub-contractor relationships. 5. Reauired Bid/Proposal Submittals. Sellers shall submit with their Bid or Proposal, the following information for all participating firms: Firm name, firm address, firm status as a DBE or non-DBE, the age of the firm, and the annual gross receipts of the firm (see Form Attachment "PROPOSERS LIST OF PARTICIPATING FIRMS") In addition, Sellers shall submit with the bid/proposal, the names and addresses of all DBE firms that will participate in the contract; a description of the work that each DBE will perform; the dollar amount of the participation of each DBE firm; written documentation of commitment to use DBE Subcontractor(s) whose participation the Seller submits to meet the contract goal, and written confirmation from the DBE that it is participating in the contract as provided in the Bid/Proposal. (see Form Attachment "DBE PARTICIPTION"). 6. Eligibility of DBEs. The DBE Officer requires that the DBE's listed by Bidders/Proposers for participation in the contract work, be certified by an appropriate agency as eligible DBE's before the contract can be awarded. The DBE Officer may accept certifications of DBE's made by the Department of Transportation or agencies thereof, the Small Business Administration or other FTA recipients. Any firm requiring assistance to become a certified Disadvantaged Business Enterprise (DBE) may contact Buyer's DBE Officer, Mr. John Van Leeuwen, at (562) 599-8546. Counting DBE Participation Toward the Contract Goal: 1. The DBE Review Committee reserves the right to deny or limit DBE credit to the Seller where any DBE is found to be engaged in substantial subcontracting or pass-through activities with others. In this regard, a Seller may count toward its DBE goal only expenditures to firms that are currently certified, or at time of contract award, and perform a commercially useful function. A firm is considered to perform a commercially useful function when it is responsible for the performance of Rev. 1.21.08 Page 4 of 8 a distinct element of the work and in carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it is presumed the DBE is not performing a commercially useful function. To determine whether a firm is performing a commercially useful function, the DBE Officer shall evaluate the amount of work subcontracted, industry practices and other relevant factors. The amount of DBE participation credit shall be based upon an analysis by the DBE Review Committee of the specific duties that will be performed by the DBE. Each DBE will be expected to perform all of the work contemplated for it by any subcontract or agreement through the use of its own employees and equipment. If a DBE is presumed not to be performing a commercially useful function as provided in paragraph above, the DBE may present evidence to rebut this presumption. 2. Credit for the participation of DBE firms as joint venture partners shall be based upon a detailed analysis of duties, responsibilities and risks undertaken by the DBE as specified by the joint venturer's executed joint venture agreement. The DBE Officer reserves the right to deny or limit DBE credit to the Seller where any DBE joint venture partner is found to have duties, responsibilities, risks of loss and management control over the joint venture that is not commensurate with or in proportion to its joint venture ownership. If the Seller or Subcontractor is a partner in a DBE joint venture, the percentage of the total dollar value of the work performed by this firm equal to the proportionate ownership interest of the DBE joint venture can be counted toward the applicable DBE goal. Thus, in addition to a description of the total value of the contract work that will be performed with the joint venture's own force, there shall be included a statement of the percentage interest in the joint venture held by the DBE partner. 3. DBE participation shall be counted toward the established DBE goal as follows: a) Once a DBE is determined to be eligible in accordance with these rules, the total dollar value of the contract awarded to the DBE may be counted toward the DBE goal, except as indicated below. b) A Seller may count toward its DBE goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of the ownership and control of the DBE venturer. c) A Seller may count towards its DBE goal sixty (60%) of its expenditures for materials and supplies required under the contract and obtained from a DBE regular dealer, and one hundred percent (100%) of such expenditures to a DBE manufacturer. For purposes of this section, a manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials and supplies obtained by the Seller. For purposes of this section, a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be considered a regular dealer, the firm must engage in, as its principal business, and in its own name, the purchase and sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be considered as manufacturers within the meaning of this section. d) A Seller may count towards its DBE goal the following expenditures to DBE firms that are not manufacturers or regular dealers: Rev. 1.21.08 Page 5 of 8 i The fees or commissions charged for providing a bona fide service, such as professional, technical, Bidder/Proposer or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the contract, provided that the fee or commission is determined by the DBE Officer to be reasonable and not excessive as compared with fees customarily allowed for similar services. ii The fees charged for delivery of materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a regular dealer in the materials and supplies provided that the fee is determined by the DBE Officer to be reasonable and not excessive as compared with fees customarily allowed for similar services. iii The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the contract, provided that the fee or commission is determined by the DBE Officer to be reasonable and not excessive as compared with fees customarily allowed for similar services. 7. Sellers Meeting the DBE Goal. A Seller who achieves the specified DBE contract goal shall submit written assurance with the bid/proposal that the goal will be met. In addition, the bidder/proposer shall also submit the following information on or before the Proposal or Bid due date: 1. A list of all DBE subcontractors (including those below one-half of 1% proposed to be used for the project). This listing shall include the company name, contact person and phone number, business structure of the firm, the dollar value of the proposed subcontract and a description of the nature of the work involved. 2. If the Seller qualifies as a DBE, a description of the total dollar value of the contract work that will be performed with the Seller's own force. 3. A summation of the total dollar value of the work to be performed by all DBEs stated as a percentage of the total contract bid. In calculating the total DBE utilization percentage the aforementioned criteria shall be applied. 8. Sellers Not Meeting the DBE Goal/Good Faith Efforts. A Bidder/Proposer who finds it impossible to meet the DBE goal shall submit, in addition to the information previously requested, and at the time of Bid/Proposal submittal, evidence of good faith efforts to meet the goal. This evidence shall demonstrate that the bidder took steps to obtain DBE participation, and shall include, but not be limited to, the following information: 1. Participation at a pre-bid meetings (if any) or contact with Buyer's DBE Officer, to review and discuss DBE requirements and resources. 2. Advertisement in general circulation media, trade association publications, and minority/women focus media requesting specific sub-bids during a minimum twenty (20) day period before bids or proposals are due. If twenty (20) days are not available, publication for a shorter reasonable time is acceptable. 3. Breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime Seller might otherwise prefer to perform these work items with its own forces. 4. Written notification to DBEs who are available to perform work contemplated in the project advising that their interest in the contract is solicited. There should be a sufficient number of such written invitations to DBE firms for trade subcontracts or material quotations so as to equal or exceed Buyer's established DBE goal for the project. Rev. 1.21.08 Page 6 of 8 5. Efforts to negotiate with DBEs for specific sub-bids including at a minimum: a) The names, addresses and telephone numbers of DBEs that were contacted. b) A description of the information provided to DBEs regarding the plans and specifications for portions of the work to be performed. c) A statement of why additional agreements with DBEs were not reached. 6. A list of all DBE sub-bids which were received but not used, giving reasons for the rejection. 7. Efforts made to assist the DBEs contacted that needed assistance in meeting the applicable bonding or insurance requirements. 8. Efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. 9. Effectively using the services of available minority/women community organizations, minority/women contracting groups, local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. Prime Sellers are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. Determination of Good Faith Efforts. The DBE Review Committee shall determine whether a Seller that failed to meet DBE contract goals may be awarded the contract by determining whether the efforts to obtain DBE participation were "good faith efforts". Efforts that are merely pro forma are not good faith efforts to meet the goal, even if they are sincerely motivated, if, given all relevant circumstances, they could not reasonably be expected to produce a level of DBE participation sufficient to meet the goal. 9. Seller's Right to Administrative Reconsideration: In the event the DBE Review Committee determines that a Seller has not met the contract-specific goal, and has not demonstrated good faith efforts, the DBE Officer will notify the Seller in writing. The notification shall explain the basis and include the reasons for the determination, and shall inform the Seller of its right to submit further written documentation or appear before the Reconsideration Official prior to the time that a recommendation for award of contract. (The Reconsideration Official is a Buyer representative who did not take part in the original determination). After reconsideration, Buyer shall provide the Seller with a second written decision. The result of the reconsideration process is not appealable by the Seller to the DOT. Proposers that fail to meet DBE goals and fail to demonstrate that sufficient reasonable efforts were made will be deemed non-responsive/responsible. 10. Recommendation Process for Award of Contract 1. The DBE Officer shall review all the information submitted by the Sellers. Should the DBE Officer determine that additional information is needed to assess whether a particular DBE listed by a Seller will be performing a commercially useful function in the contract work, whether a particular DBE listed by a Seller is certified or eligible for proper certification, or for any other reason, the DBE Officer shall request said Seller or the subject DBE to submit such information. 2. If the lowest responsible bid or proposal submitted appears not to satisfy the specified goal due to a miscalculation. The DBE Officer will inform the Seller that the bid may be recommended for rejection, the reasons therefore, and that the Seller has a right to appear before the DBE Review Committee for a hearing prior to the time that a recommendation for contract award is made. Rev. 1.21.08 Page 7 of 8 The hearing before the committee will be conducted in such a manner as to facilitate the presentation of all relevant information necessary and to arrive at a decision as to the compliance of the Seller with the DBE goal requirements. The Seller in question will have the opportunity to present additional evidence showing that the specified DBE contract goal has been satisfied. 3. The decision of the committee shall be communicated to the President and General Manager and subsequently to the other Sellers. 4. If the committee decides that the DBE requirements were not satisfied by the Seller in question, the committee will then evaluate the DBE percentage participation and good faith efforts of other Sellers who submitted a bid or proposal which is equal to or less than the reasonable price established for the project. 11. Reports of Payments to DBE Subcontractors. The DBE Officer will monitor the amount actually paid by the Seller to its Subcontractor(s), and will require the Seller to provide reports of payments to DBE Subcontractors(s). A letter will be sent to the DBE Subcontractors to verify the dollar amount. The amount awarded to the DBE, the amount paid to the DBE as stated by the Seller, and the amount paid to the DBE as verified by the DBE, will be reported to the FTA. 12. Reporting Goal Achievement. The Seller is required to report the DBE participation on their contracts on both race-neutral and race-conscious DBE goal achievement. The Seller is not to count participation of a DBE Subcontractor until the amount being counted has been paid to the DBE. 13. DBE Replacement. The Seller must make a good faith effort to replace a defaulting DBE Subcontractor with another certified DBE. The Seller must immediately notify the DBE Officer of the DBE's inability to perform, and provide reasonable documentation. The Seller must receive prior written approval form Buyer to substitute a DBE Subcontractor. If the Seller proposes to replace a DBE Subcontractor with a non-DBE, sufficient good faith efforts documentation must be provided. If the Seller fails or refuses to comply in the time specified, Buyer will issue an order stopping all, or part of, payment/work until satisfactory action has been taken. If the Seller fails to comply, Buyer may issue a termination for default proceedings. Rev. 1.21.08 Page 8 of 8 LONG BEACH PUBLIC TRANSPORTATION COMPANY SECTION III Purchase Order Attachment LBT-01 GENERAL TERMS & CONDITIONS LONG BEACH PUBLIC TRANSPORTATION COMPANY ■ Purchase Order Attachment LBT-01 General Terms&Conditions 1. DEFINITION: 'Buyer'shall mean Long Beach Pudic Transportation Companry(aka:Long Beach Transit,LOT, odigalions to the assignee additional to the payment of such moneys,or to preclude Buyer from adding sadly and Contracting Officer Purchasing Representative,Government and Buyer)and'SeII&r')aka:Bidder,Contractor)shall dladywth SaI&rin all matters pertaining hereto. Ills furlh&ragre&d that Buyer uponfive)5)days pnorwntten notice mean the person anchor company from whom the merchandise,goods or service described herein are ordered as to Seller,may assign all of IS rights,duties and odigalions under this Purchase Order to any parent subsidiary or Shown on lheface of this Purchase Ora&r'Purchase Order shall mean Order Agreement,Correct and all referenced affiliate of Buyer or to any partnership ofwhich Buyer is a partner Terms,Conditions,Statements of Work and Specifications,included but not limited to Purchase Order Attachment LOT - Oland Mandatory FTA Terms and Conditions if attached by reference. 14. RELATIONSHIP.Neither Seller its subSellers,north&employees or agents of any of them,shall be deemed to be Buyer's employees or agents,it being understood that Seller and its subSsllers are independent conhacfors for all 2. ACCEPTANCE I ENTIRE AGREEMENT. Acceptance of this Purchase Order shall be unqualified,unconditional purposes and at all limes. Seller shall be whdly responside for wthhd mg of all federal,stale and local income and and subject to and expressly limited to its terms and conditions. Buyer shall not be bound by additional provision or other payrdl lazes with respect k its employees,as required by law provisions clearance herewith unless such provisions are expressly agreed loin a wrung signed by Buyer. Buyer's acceptance and payment for materials shipped anchor for services rendered shall constitute acceptance of such 15. SUBCONTRACTING.Unless approved under an accepted bid or proposal,Seller shah not,without Buyer's ptlor materials ardor services, subject only to the provisions herein, and shall not constitute acceptance of any written appr0vd subcontract any potion of the work to be pedormed hereunder. counterproposal submitted by Seller not olh&rwis&accepted in a writing signed by Buyer Upon acceptance,this Purchase Order shall constitute the entire agreement between the parties and may not be modified orr&scinded,except 16. PROMPT PAYMENT TO SUBCONTRACTORS. by a wrung signed by both Sarli&s. )a) Seller muslpay Subcontractors for satisfactory S&rtormanc&of lh&irconlracls nolal&r than 15 days tram the receipt 3. TITLE. Title k and risk of loss for any materials acquired by Buyer thereunder shall vest in Buyer upon delivery b of payment made to the Seller by Buyer. Pmmpl r&lum of rater rage payments from the Seller to the Subconhacki Ihelocalion specified herein and Buyer's inspection and acceptance thereof as being ready far use will bemadewilhin 15 days after the Subcontractors work is salisfaclorihy completed. 4. LIENS. Shc&rwarrants that said merchandise a free and clear of all liens and encumbrances whaho&v&r and Thal )b) Any defray or postponement of payment among the parlies may lake place only for good cause and with Buyers Seller has a good and markelabe litlelosame:Sell&ragr&&s lohdd Buy&rfr&&anaharmless agametanyand OF claims Sriorwtlllen approval Iflhe Sell&rd&termin&s the Work oflhe Subconlraclorlo beunsalisfacbry,it must polity Buyers to said merchandise. Representative/Disadvantaged Business Enterprise Officer immedia Lly in Writing and stale the reasons.Failure by the Seller to comply with this requiremenlwill be conslmed to be a breach of correct and subject to contract termination. 5. WARRANTY. Seller hereby warrants that all materials anchor services furnished h&r&und!r shall,upon del Nery, conform to the specifications s&Iforlh herein and shall be in good Working order ,and free from all in materials and 17. QUALITY CONTROL AND INSPECTION. workmanship. Buyer shall have the option to require Seller to repair or replace defective materials anchor services without charge or expense to Buyer,or to reject any defective materials anchor services and obtain a full rafunaorcr&dil )a) Buyershall have the right of access on a non nlerferancebase during Seller's r&gularbireess hours to anyarea for any payments therefore plus transportation charges for their return This warranty shall survive.inspection, Of SeII&r's Or Sellers suppliers premises where any Sprint the work is being pedormed. Seller shall,without aaditlonal acceptance and payment costs to Buyer provide all r&asonad&in pl and accommodations,faciilitiies,and assistance for the safety and convenience of Buyer in the performance of hislh&r dukes. 6. SHIPPING.Shipments hereunder shall be made in accordance with Buyer's specific shipping instructions. All supporting documents shall bearlhe Purchase Ord&rnumb&r Adequate protective packaging shall be furnished amo )b) The Work selforth in this PUFchas&Ord&rls subject to inspections and monitoring in accoraancewth requirements additional charge. Seller shall enclose a packing memorandum with each shipment When more than one package is of this Purchase Order and the quality programs set forth at the Seller's or Seller's supplier's facility. Such inspectors shipped,Seller shall identity the package containing the memorandum and shall mark Buyer's ordsr number on all may be pedormed by the Buyer or its authonzed representative al Buyer's sae JeCo lion. Any such inspection shall not packages and shipping papers. Shipping and muting instructions may be altered as mutually agreed between the relieve Shcl&rftom responsibility foranymneeon,dsfactfaul1,0r01herfailmE bolee11herequirencents oflhe Purchase parti&swthoulawntng. Order. If any item is found to be defective in material,workmanship,or olhemise not in conformance with the requirements of this Purchase Order,Buyer shall have the right to reject such defectve il&m)s)or require its prompt 7. DELIVERY. correction all al Sellers expense. )a) Unless otherwise staled on this Purchase Order,all deliveries are FOB Destnation Point,all transportation costs )c) Al work also may be subject to further inspection and acceptance at Buyer's facility Seller's facility or slid of andshipping chargeval be prepaid by SAl&r and added to the respective manna as s&Paral&il&m)s). installation,notathslanding any payments or other ptlor inspections. Final acceptance,shall be at Buyers hcihty or such other place as may be designated by Buyer Any goods rejected by Buyer for whatever reason shall be had, )b) Time is oflhe&ssencewilh r&soecllo this Purchase Order and such may be laminated fall is nolmade or IranspOtedandmFslmadalSehers sde&xoense. Sell&rshall promplyreimburse Buy&rforanysuch expense. services are not pedormed by the all specified herein. No change in the scheduled delivery data or dales of S&rtormanc&Will be permitted without Buyers prior When consent No acceptance of goods or services after the 18. RIGHT OF ENTRY. tt Seller is required b enter Buyers premises in comacton with activities related to this scheduled all dale shall be deemed a Waiver of Buyers right to require strict compliance with the terms hereof at Purchase Order Sellers rights plenty shall b&sury&cl to Buyers security regulations and procedures. the lime of such acceptance or hereafter. 19. INDEMNIFICATION, LIMITATION OF LIABILITY. S) Buyershall be advised immediately liberals anydeayorshortage in shipment Al merchandise descrlb&dh&r&In must be delivered Within the time specified on this purchase order and if not dehiv&rah this purchase order shall al the )a) To the fullest extent allowed by law,Seller shall defend,indemnity,waive all rights of subragalion and had Buyer option of the Buyer be cancelled,and Buyer shall be under no Obligation to accept any such merchandse or service or harmless,at Sellers sae expense,from and against all losses,injures,liabilities,case,damages,claims or demands to pay for same. Purchasing department may grant extension of delivery time if satisfied delay is beyond conha of arising out of this Purchase Order or caused or alleged to have been caused in any manner by Seller including all suits or Seller.IfSeII&rfails call in accoraancewth the schedulelhal is a pad h&r&ofamh as a result,Buyer requests that actions of&very kind anchord&sorption bmughl against Buyer eilherindvidually orjointywilh Sell&rfOroron account of Seller use an expedited means of delivery,Seller shall be responside for the amount by which the expedited shipping any damages OF injuries to any person or persons or property,caused or Occasioned,or alleged b have been caused or fees exce&dlhosefes lhalwouldhavebeen incunedhaa Sellers S&rformanc&nolbe&n delayed occasioned,byan allegedacl,omission orfaull Of Seller its employees,officers,agents,orolhem a nder Seller's contra: )d) All items are subject to final inspection and acceptance by Buyer at destination.Find inspection will be made )b) In no event shall any parry be liade for any incidental or consequential damages whether fineseeade or not, within a reasombe lime not to exceed thirty days after r&c&id of items or services hereunder.Paymenlwill be modern occasioned by any breach of any Oct under these terms and conditions for any cause whalso&v&r,whether accoraancewth the'INVOICES/PAYMENT"arms specifiedbelowaflerinspeclan andf0rmal acceptance by Buyer bassoon n&glig&nc&orolhemsse. It. CARTAGE. No charge will be allowed for cartage,pallets,boxing or packaging unless by special agreement (0 If separate indemnification anchor insurance are referenced within an Invitaton for Bid,Request for Proposal, showing on the face of this Purchase Order. Request for Quol&,Purchase Order or respective agreement,such separate indemnification and/or insurance shall prevail over this section 19. 9. PRICES. Seller Warrants lhalany unit prices charged herein do not exceed lheunil Sric&s charged by Ssl b hall S.Gov&mm&nlorolh&rcusloucam in substanliallysimiharlransactlons. 20. WORK ON BUYER'S PREMISES.If Sellers work under this Purchase Ordimesses either operations or the presence of Saber,its agents,Sellers subcontractors,or invitees on the premises of Buyer,such work shall be done on 10. INVOICES I PAYMENT.Invoices,in duplicate,shall be mated to Buyer's Accounts Payade Department at the an independent contractor basis and not as an employee of Buyer If such presence is required,Seller shall lake all time of shipment and must stale Buyers Purchase Order Number Payment shall not be due prior to the dale which is necessary Precarious b prevent the occurrence of any injury to person or damage to property doming the progress of thirty )30)days fdhowing that on which Buyer receives the goods or before Sellers performance is Compared in such work. Seller's indemnification odigalions referenced within this document apply to all work performed by Seller accordance with the requirements of this Purchase Order. All setup, shipping, handing costs, and all F&d&rd Sursuanllo this Purchase Ord&rinchuding,without limitation,work pedormed on Buyers premises. manufacturers and retailers'stale or local sales or use taxes,when applicabe,shall be billed as separate items on Seller's invoices.All unit prices and charges on invoices must agreewilh the issued purchase order 21. INFRINGEMENT.SAI&r shall defend,indemnity and had Buyer harmless,at Seller's sae expense,against any action or suit brought for any loss,damage, injury,expense or liability that may result by reason of any alleged 11. EXCISE TAX. If Federal excise or transportation lax is applied to the transaction it must be so staled and infringement of any United Slates orfor&ign patent,trademark or copyright based upon the use,inStallabOn,or operation excluded tram the once of the article. Long Beach Transit is exempt from payment of said lazes and ast issue an of any materials or services furnished to Buyer hereunder Seller shall,at its expense,either procure the nght to exemption Sedificale if requested continue using the materials or services,radace or modify the same so that they become nonufnnging,or refund to Buyer the full purchase price of such infringing materials or services. 12. RIGHT TO AUDIT.This paragraph applies if the amount Payade to Seller under this Purchase Order is based Upon formulae involving actual time worked,material costs,facfory invoicing or similar mutually agreed upon pricing 22. SELLER'S DATA arrangements which result in Scrape amounts Sari by Buyer Seller shall maintain complete,Iegibe and accurate records of all hours worked and costs incurred in the performance of this Purchase Call 5)yeam from the dale )a) Seller agrees that all dab,including but Unlimited to laces,photo Once,and other graphic information,furnished hereof. Buyershdl have the right,through its designated r&Sr&s&ntatv&s,to examine and audit at all r&asonad&limes, with items or required to be furnished by this Purchase Order,together with any information furnished orally,shall be all such records and accounts as may,under recognized accounting practices,contain information bearing upon the Hassfrom proprietary r&slri tan unless this Purchase Order provides otherwise. Data fOr Which a r&slricliv&use marking amount payade to Seller thereunder is authorized herein or by special agreement,may be duplicated and used by Buyer in performance of its present and future business affairs including preparation Of logistics and instructional infmmamn and delivery thereof as required by 13. ASSIGNMENT.Any assignment of this Purchase Order,in who&or in part,or of any other interest hereunder, such affairs,provided that Sellers data subject to r&sfricliv&use marking shall not be disclosed to third parlies without without Buyer's prior Wrill&n Consent,except an assignment solely of moneys due or to become due,shall bevoid. It is Sellers permission. Expressly agreed Thal any such assignment of moneys shall Seems!b the extent that it attempts to impose upon Buyer R. 3.1.13 Page 1 01 2 Of (1) To the extent that Seller Seladishes aclaimbslalulory copyright in any data first produced and fumi shed in Bull have the right to terminate this Pum hase Order without any further Old ig Shan bSeller Will anyway the pedormance of this Purchase Ord&r Seller grants the Buyer a royalty ITESS,nonexclusive,im&vaad e,word wide limiting any remedies availald&to Buyer,whether at law or in equity, Buyer may:(1)elect to wthhdd remaining license to publish,distribute.translate,duplicaa,exhibit,Oro&I any such data copybghledby Sellerwilh the righllo oaym&nl)s)(OF any portion thereof that Buyer may denorsail and(2)elect to recover from Seller by offset or grant sub'icenses on the same terms otherwise the once of any non Conforming goods or services.Any such 10m matlon for default shall not in any way operate to preclude Buy&r from also pursuing all See ks&Mosses against Seller and its sureties for said breach or Of(2) Exclusive of computer software and Ak aged d>cumenlalion Seller agrees to grant a license for the benefit of default. Buyer of the same scope as set forth in Provision 21 Of(I)to any tec For cal dab delivered under III is Purchase Order to which Sel l&r owns the copybgh L )c) In the event lha l Buyer d acts to waive its remedies tar any areas IF by Sel l&r of any covenant,farm or c auction of this Purchase Order,such waiver by Buyer shall not limit Buyer's remedies for any succeeding breach of that or of any Of(3) Exclusive of computer Software and related documentation,Seller further agrees not to knowingly include other term,covenant,or condition of this Purchase Order any material copyrighted by others in lechnicd data delivered under this Purchase Order without first obtaining,at no additional cost and tar the benefit of Buyer a license therein of the same scope as set forth in Provision 21)b))1). 33. SELLER TERMINATION. Sell OF may terminate this Purchase Order on ninety)90)days'pnor wnll&n notice to Buyer in accordance with the provisions of Sectlon 39 above. 23. PROPERTY RIGHTS.Any and all materials,tons,equipment,or other property furnished by Buyer to Seller shell remain the property of Buyer,and Seller shall assume the risks of,and shall be resoonsild&for,any loss thereof or 34. EXCESS REPROCUREMENT LIABILITY. Seller shall be liab'e to Buyer for all expenses incurred by Buyer in r&- damage Ih&rel0. Such property shall,at ell limes,be safely shed and pnpeby maintained by Seller Seller in procuring elsewhere the same Orsimilaribms Orservic&s offered by Seller hereunder,should Sell&rfail to o&rtaE orb& accordance with the provisions of this Purchase Order,but in any event upon completion thereof,shall return such disqualified forfailure to meet germs,standards and conditions selforth herein.Such re procurement expense obligation Property to Buyer in the condition in which it was received by Seller except for r&asonald&wear and tear and except to by Sell&rshall belimiled to the excess Ov&rlhe once specified herein for such items OFsaNices. the extent that such properly has been incoryoraled in the items delivered or has been reasonady consumed in pedormance awak under this Purchase Order 35. FORCE MAJEURE. The duties and Oldigalions of the parties hereunder may be suspended now the occurrence and continuation of any"Event of Force Majeure."An'Event of Force Majeure"shall mean any act,cause,contingency, 24. COMPLIANCE WITH LAWS. Seller shall comply wth all aoplicald&federal, stale, county and local laws, or circumstance beyond the r&asonald&control of such party,including,without limitation,war,civil commotion,slake, ordinances,regulations and codes)including procurement of required permits and/or c&rtlficales)in its pedormance lockout or olh&rlabor dispute,embargo,or prohibition of import or export of goods or products. Neither party shall be hereunder if materials,services Orconlamere furnished are required to be constructed,packaged,labeled Orr&getered tape for any delay or default in,or failure of,pedormance resulting from or arising out of any Event of Force Majeure, Ina or&scba&d manner Seller shall comply wth all aoplicald&federal,stale and/or local laws. Seller agrees to and nosuch delay,defaulllq Orfailme Ofp&rtormanceshell conslilulea breach by eilheroady hereunder lfany Event indemnify BuyerforanylOss or damage sustained because of Seller's noncompliancewth this paragraph andfromlOss, of Force Majeure shall prevent the performance of a material Obligation of Seller hereunder,and if the same shall cost,Ordamag&s causedbygoods,merchandise,Ors&rvic&noun comdiancowth saidlaws continue for a period of longer than ID days,then Buyer shall have the right to terminate this Purchase Order in accordance wth the terms for Termination for Convenience staled herein. 25. INSURANCE. This paragraph applies whether this Purchase Order involves a single delivery or multiple Set or assembly,repair or service iq on,or upon Buyer's premises. Seller shall maintain such insurance as will 36. INSOLVENCY.Either party may terminate this Purchase Order and any or all orders placed hereunder by wtlllen cover and include the entire Oldigalion assumed in this Order,as well as such insurance as vdll protect Sell&rfrom notice,in the went that the other becomes insdvenl,makes an assignment for the benefit of cr&dibrs or admits in claims and liability under Workers Compensation Acts and from any other claims and liability for damages,including writing its inability to pay debts as they mature. bodily injury and damage to properly,which may arise from this Purchase Order. In order 10 satisfy Ih&provisions of this paragraph,Sell&rmuslcomolyvdlh lhel&rms andcondilions s&Iforlh on Atlachmenl LBT 10,ifallach&d 37. DISPUTES. Irr&so&ctiv&of the place of pedormance,this Ord&rwill be construed and interpreted in accordance wth the laws of the Slate of Cal ifomia.Pending final resolution,Seller shall pedorm diligently with the pedormance of 26. OCCUPATIONAL SAFETY AND HEALTH ACT(OSHA).Seller shall be resoonsild&for compliance wth OSHA this Purchase0rd&randin accordancawth the Buyers decision. and shall maintain all lights,guards,signs,temporary passages and any other necessary protection and precautions for that purpose. Seller agrees to give access to the aulhonzed r&oras&nlaliv&s of the Secretary of Labor a any stale or 36. ENFORCEMENT.Buyers failure at any time to enforce any of the provisions of this Purchase Order or any right local official for the purpose of inspecting,investigating and/or carrying out of any of the duties under OSHA and any wth respect Ih&r&10, or to exercise any option herein provided, shall in no way be construed to be a waiver or amendments thereto,Orany apolicald&slal&OrlOcal law,rule or regulation affecting safety and health. Sell&rshall b& relinquishment of such provisions,rights Or OdOns and Sellers oldigalionwth respect thereto shall contlnu&infull force responside fa any vidatlon of any safety and/or health standards issued thereunder,shall immedialely remedy any and effect. This Purchase Order shall be governed by and construed under the laws of the Slate of California,without vidatlon and shall defend,indemnify and had Buy&rharml&ss al Sellers sole&xpensefnm any penalty fine Orliaailily r&f&renc&10 its Car is Oflawprincipl&s. Pendingfinal resolution of a dispute hereunder Sell&rshall pmceeddiligenty in connection therewith wth the pedormance of this Purchase Order and in accordance with Buyers instructions. 27. LABOR RELATIONS.Seller shall be responsib'e for its own labor relations wth any trade or union represented 39. SEVERABILRY: In the event that any one Ormor&Of lh&oroviSIme conlainedh&rein shall forany reason beheld among its&mdgpe&s and shall negotiate and be responsild&for adjusting all disputes between itself and its employees to be un&nforc&aU&in any respect under the laws of the Slate of California or the United Slates of Amenca,such OF any union representing such employees. This paragraph shall be extended by Seller to all subSAl&rs hereunder unenkrceability shall not affect any other provision of this Purchase Order,but this Purchase Order shall then be S&Ilershall immediately nality Buyer,if Sellerhas knovdedJe of any actual OroOlenlial labordispua which is delaying or conslnedas fsuch unenfom&aaepnvision hadnolbeen conlamedheraia may delay the timely pedormance of any order placed hereunder 46. GENERAL.This PurchaseOrd&rand lheallachmenls and documents ncorooraled hereiq conslilulelhe complete 26: COOPERATION.Seller shall lolly cooperate and not Intel with the work performance of other suppliers or and exclusive statement of terms of this agreement between the Buyer and the Seller and supersede all pnor Sellers,or Buyers employees on thepremiseswhere Work is being pertamedhereunder representations,understandings,andcommunications relating Iherelo.The invalidity in whole Orin pad Many provision of this Purchase Order,shall not affect the validity of other provisions.The Buyers failure to insist,in any one or more 29. CHANGES. instances, now the performance of any term of this Purchase Order shall not be construed as a waiver or relinquishment of Buyers right to such pedormance or tOfutur&performance of such a farm or terms,and Sellers )a) Buyer shall have the right at any time to make changes,whin the ability of Seller to pedorm,in this Purchase Obligation in respect thereto shall continue in full brce and effect. Order, in whole or in pad, including but not limited b, changes in drawings, designs, specifications, materials, packaging, tlm&and place of delivery, method of transportation, and nature and method of services provided or 41. ETHICAL STANDARDS. Buyer is required to maintain the highest level of ethical standards when rereading o&dormed,now giving Seller written notice. If any such changes cause an increase or decrease in the cost,or the time business wth Seller Both Buyer and Seller must avoid any appearance of impropriety. Buyers employees are not required for pedormance,a mutually agreeade adjustment shall be made and this Purchase Order shall SO modified in all owed under any circumstances to solicit or receive any gills,favors,or inviti tom Sell OF Seller shall not offer or writing accordingly. Seller agrees to accept any such changes subject to this paragraph give to or in behalf of employees of Buyer any gills,invitations to social wants,tickets and the like except for ad&rtising items of nominal value)under$35 99). Invitations to business events Orworkmg lunchesldinners must first be evaluated Of Whether made pursuant to this section or by mutual agreement,changes shall not be binding upon Buyer except on an individual basis and shall be submitted to management of Buyers Procurement Department for pnor wtlllen when so&cifndly confirmed in Writing by member of Buyer's Procurement Department. Information,advice,approvals, approvd. Buyers employees are instructed to report any solicitation or gill immediately to Buyers Procurement Orinslmclions by Buyer's technical personnel or other r&or&senti shall be deemelexpressions Mpersonal opinions Manager Fail ore to conform and uphold these standards may resullin lh&1&rminaton oflhe Pumhas&Ord&fat Buyers onlyandshall nolaffir Bayer's and Seller's rights andoldigalions hersumbrunless selforth in a Wrilingwhich is signed discretion. by a representative from the Buyer's Procurement Department and which expressly sales that it constitutes an amendment or change to this Purchase0rd&r 42. OTHER DOCUMENTS. Except as provided in this paragraph, this Purchase Order may not b& altered, supplemented or amended,orally or by the use of any other document's). Any attempt to al ter supplement or amend 36. NOTICES:: Notices shall be given by v&rifiald&means such as certified or registered mail,express services,or these documents or to enter an order for Pool or services and support that are subject to additlonal or altered email with recaplacknoWedgemenl.Notices to the Buy&rshall be sent to the Buyers representative whose name and terms andcondtlon wt Saint M eniidunl&ss other seagreedbinwbling signedbybolh Buy&rand Seller Signature appears on this Purchase Order. 43. CAPTIONS. Captions in this Purchase Order,Purchase Order Attachment LET 01 or Mandatory ETA Terms and 31. TERMINATION FOR CONVENIENCE.Buyer may terminate this Purchase Order in who a or in part at any time Conditions,if attached are for convenience only and shall not be construed to define or limit any of the terms hereiin. upon giving Written notice to Seller. Termination charges,if any,shall be subject to negoliatlon by the parties,but in no event shall exceed the lesser of either the purchase once under this Purchase Order or the Seller's actual costs, 44. SURVIVAL.The provisions of this Purchase Order shall survive the completion of pedormance hereunder or the determined in accordance with generally accepted accounting pbncipl&s on the dale termination notice is received by eatlier termination thereof. Seller, plus an &quilald& on raga profit for partial pedormance. Upon receipt of the notice, the Seller shall (1) immediately discontinue all services affected)unless the notice directs otherwise),and(2)deliver to the Buyer all 45.PROHIBITED INTEREST.The parties hereto covenant and agree that to their knoWedge,no board member,officer materials, dab, dravdngs, so&cifnalions, reports, estimates, summan&s, and other information accumulated in or employee of the Buyer during his/her tenure in office odor one(1)year thereafter shall have any interest,whether o&rtorming this Purchase Order whether completed Orin process.Nothing in this paragraph shall affect either Buyers or contractual,non contractual,financial or otherwise,in this recession,or in the business of the contracting party other Seller's rights in the event of cancellation due to breach by the other than Buyer,and that if any such interest comes to the knovdedge of either party at any lime,a idl and complete disclosure of all such information will be made in Writing to the other parties, even if such interest would not be 32. TERMINATION FOR DEFAULT. considered a Car l of interest under Article 4 of Chapter 1 of Division 4 of Title 1)commencing with Section 1999)or Division 4 5 of The 1)commencing with Section 3699)of the Government Code of the Slate of California. )a) If the Sell&rdo&s not deliver supplies in accordancewilh this Purchase Order delivery schedule,or if this Purchase Order is for services,the Sell&rfails to pedorm in the manner called for in this Purchase Order,or if the Seller fails to 46. PUBLICITY.Seller shall not ad&rtis&,market nor commercially use Buyers name,trade names,trademarks, comply with any other provisions of this Purchase Order,the Buyer may terminate this Purchase Order tar default insignia,symbols,Ord&corative designs whoul Buyer's express written consent. Termination shall be effected by serving a notice of termination on the Seller selling forth the manner in which the Seller is in default. Without in any way limiting any remedies availald&to Buyer,whether at law or in equity,Buyer may:(1) 47. REQUESTS FOR CHANGE ORDERS. Any unforeseen changes to the Scope of Work which affect a inject elect to wthhdd remaining oayncenl)s)or any Solon thereof that Buyer may deem sai ld e;and(2)elect to recover schedule and/or cost shall be requested using the Buyers Requeslfor Change Order)RFCO)Process as documented from Seller by offset or otherwise the price of any non conforming goods or services. in the Buyers Purchase Order Atlachmenl LET 14. Of The Buyer in its sole discretion may, in the case of a termination for breach or default allow the Seller an 46. ORDER of PRECEDENCE. Conflicting provisions in this Purchase Order if any,shall prevail in Ih&falOwing order appropriate period of time inwhich lOcuralhedefecl. In such case,the notice of termination will slalelhe lim&o&riod in Ofor&celence:)1)Mandalory ETA Terms&Conditiions,(2)Typed provisions set bf in the Purchase0rd&r)3)Buyers which cure is permitted and olh&raooroorial&cmdIhme ffSell&r fails to remedy,Orfails to submila plan to remedy,to General Terms&Conditions,)4)Anyandall other Attachments or Exhibits unless otherwise identified as prevailing. Buyers salisfactlon the breach Droll any of the terms,covenants,or conditions of this Purchase Order vdlhin the specified time period after receipt by Seller of Wrill&n notice inn Buyer s&Itlng forth the nature M said breach Droll Rev.3.1 13 Page 2 of 2 LONG BEACH PUBLIC TRANSPORTATION COMPANY SECTION IV Purchase Order Attachment LBT-08 Mandatory FTA Terms & Conditions Applicable to Materials and Supplies Rev 10.3.07 Section IV, Mandatory FTA Terms Purchase Order Attachment LBT-08 Mandatory FTA Terms& Conditions Applicable to Materials and Supplies TABLE OF CONTENTS 1. No Government Obligation to Third Parties................................................................................1 2. Program Fraud and False or Fraudulent Statements or Related Acts.......................................1 3. Access to Records........................................................................................................................1 4. Civil Rights....................................................................................................................................2 5. Disadvantaged Business Enterprises..........................................................................................2 6. Federal Changes ..........................................................................................................................2 7. Incorporation of Federal Transit Administration (FTA)Terms...................................................2 8. Energy Conservation....................................................................................................................2 9. Cargo Preference - Use of United States-Flag Vessels (Ocean Shipments).............................3 10. Fly America Requirements..........................................................................................................3 11. ITS National Architecture (Electronic System Requirements Only).........................................3 12. Suspension and Debarment (If order exceeds $25,000)...........................................................3 13. Recycled/ Recovered Materials (If more than $10,000 is procured per year)..........................3 14. Buy America................................................................................................................................3 15. Disputes, Breaches or Litigation................................................................................................3 16. Lobbying......................................................................................................................................4 17. Clean Air......................................................................................................................................4 18. Clean Water .................................................................................................................................4 19. Veterans Employment..................................................................................................5 20. ADA Access................................................................................................................5 21. Notice of Federal Participation of States........................................................................5 Rev 1.21.08 Section IV, Mandatory FTA Terms LONG BEACH PUBLIC TRANSPORTATION COMPANY L Purchase Order Attachment LBT-08 Mandatory FTA Terms& Conditions Applicable to Materials and Supplies 1. No Government Obligation to Third Parties transcriptions. Seller also agrees,pursuant to 49 C.F.R.633.17 to provide the FTA Administrator or his authorized representatives including (1)The Buyer and Seller acknowledge and agree that, notwithstanding any PMO Seller access to Seller's records and construction sites any concurrence by the Federal Government in or approval of the pertaining to a major capital project,defined at 49 U.S.C. 5302(a)1, solicitation or award of the underlying contract,absent the express which is receiving federal financial assistance through the programs written consent by the Federal Government,the Federal Government is described at 49 U.S.C.5307,5309 or 5311. not a party to this contract and shall not be subject to any obligations or liabilities to the Buyer,Seller,or any other party(whether or not a party (2)Where the Buyer is a State and is the FTA Recipient or a subgrantee to that contract)pertaining to any matter resulting from the underlying of the FTA Recipient in accordance with 49 C.F.R.633.17,Seller agrees contract. to provide the Buyer,the FTA Administrator or his authorized representatives,including any PMO Seller,access to the Seller's records (2)The Seller agrees to include the above clause in each subcontract and construction sites pertaining to a major capital project,defined at 49 financed in whole or in part with Federal assistance provided by FTA. It U.S.C.5302(a)1,which is receiving federal financial assistance through is further agreed that the clause shall not be modified,except to identify the programs described at 49 U.S.C.5307,5309 or 5311. By definition, the subcontractor who will be subject to its provisions. a major capital project excludes contracts of less than the simplified acquisition threshold currently set at$100,000. 2. Program Fraud and False or Fraudulent Statements or Related Acts (3)Where the Buyer enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an (1)The Seller acknowledges that the provisions of the Program Fraud institution of higher education,a hospital or other non-profit organization Civil Remedies Act of 1986,as amended,31 U.S.C.§3801 et sec.and and is the FTA Recipient or a subgrantee of the FTA Recipient in U.S. DOT regulations,"Program Fraud Civil Remedies,"49 C.F.R. Part accordance with 49 C.F.R. 19.48,Seller agrees to provide the Buyer, 31,apply to its actions pertaining to this Project. Upon execution of the FTA Administrator,the Comptroller General of the United States or any underlying contract,the Seller certifies or affirms the truthfulness and of their duly authorized representatives with access to any books, accuracy of any statement it has made,it makes,it may make,or causes documents,papers and record of the Seller which are directly pertinent to be made,pertaining to the underlying contract or the FTA assisted to this contractfor the purposes of making audits,examinations,excerpts projectfor which this contract work is being performed. In addition to and transcriptions. other penalties that may be applicable,the Seller further acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent (4)Where any Buyer which is the FTA Recipient or a subgrantee of the claim,statement,submission,or certification,the Federal Government FTA Recipient in accordance with 49 U.S.C.5325(a)enters into a reserves the right to impose the penalties of the Program Fraud Civil contract for a capital project or improvement(defined at 49 U.S.C. Remedies Act of 1986 on the Seller to the extent the Federal 5302(a)1)through other than competitive bidding,the Seller shall make Government deems appropriate. available records related to the contract to the Buyer,the Secretary of Transportation and the Comptroller General or any authorized officer or (2)The Seller also acknowledges that if it makes,or causes to be made, employee of any of them for the purposes of conducting an audit and a false,fictitious,or fraudulent claim,statement,submission,or inspection. certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance (5) The Seller agrees to permit any of the foregoing parties to reproduce originally awarded by FTA under the authority of 49 U.S.C.§5307,the by any means whatsoever or to copy excerpts and transcriptions as Government reserves the right to impose the penalties of 18 U.S.C.§ reasonably needed. 1001 and 49 U.S.C.§5307(n)(1)on the Seller,to the extent the Federal Government deems appropriate. (6)The Seller agrees to maintain all books, records,accounts and reports required under this contract for a period of not less than three (3)The Seller agrees to include the above two clauses in each years after the date of termination or expiration of this contract,except in subcontract financed in whole or in partwith Federal assistance provided the event of litigation or settlement of claims arising from the by FTA. It is further agreed that the clauses shall not be modified, performance of this contract,in which case Seller agrees to maintain except to identify the subSeller who will be subject to the provisions. same until the Buyer,the FTA Administrator,the Comptroller General,or any of their duly authorized representatives, have disposed of all such 3.Access to Records litigation,appeals,claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). The following access to records requirements apply to this Contract: (7)FTA does not require the inclusion of these requirements in (1) Where the Buyer is not a State but a local government and is the subcontracts. FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i),the Seller agrees to provide the Buyer,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 Seller which are directly pertinent to this contractfor the purposes of making audits,examinations,excerpts and Rev 12.14.09 Section IV, Mandatory FTA Terms Page 1 of 5 4.Civil Rights Enterprises(DBE)is 10%. If established,specific contracts coals and instructions for this procurement will appear in the Disadvantace The following requirements apply to the underlying contract: Business Enterprises section of the IFB or RFP. (1) Nondiscrimination- In accordance with Title VI of the Civil Rights Act, (2)The Seller shall not discriminate on the basis of race,color, national as amended,42 U.S.C.§2000d,section 303 of the Age Discrimination origin,or sex in the performance of this contract. The Seller shall carry Act of 1975,as amended,42 U.S.C.§6102,section 202 of the out applicable requirements of 49 CFR Part 26 in the award and Americans with Disabilities Act of 1990,42 U.S.C.§12132, Federal administration of this DOT-assisted contract. Failure by the Seller to transit law at 49 U.S.C.§5332 and the Buyers EEO policy,the carry out these requirements is a material breach of this contract,which Contractor agrees that it will not discriminate against any employee or may result in the termination of this contract or such other remedy as the applicant for employment because of race,color, religion, national origin, Long Beach Public Transportation Company deems appropriate. Each sex,age,ancestry,sexual orientation, mental or physical disability, subcontract the Seller signs with a subSeller must include the assurance veteran status, medical condition,pregnancy, marital status or any other in this paragraph(see 49 CFR 26.13(b)). protected category. In addition,the Contractor agrees to comply with applicable Federal implementing regulations and other implementing (3)If a separate contract goal has been established for this procurement, requirements FTA may issue. the following applies:Bidders/offerors are required to document sufficient DBE participation to meet these goals or,alternatively,document (2) Equal Employment Opportunity-The following equal employment adequate good faith efforts to do so,as provided for in 49 CFR 26.53. opportunity requirements apply to the underlying contract: (4)If no separate contract goal has been established,the following applies: The successful bidder/offeror will be required to report its DBE (a) Race,Color,Creed, National Origin,Sex-In accordance with Buyers participation obtained through race-neutral means throughout the period EEO policy and Title VII of the Civil Rights Act,as amended,42 U.S.C.§ of performance. 2000e,and Federal transit laws at 49 U.S.C.§5332,the Contractor agrees to comply with all applicable equal employment opportunity (5)The Seller is required to pay its subcontractors performing work requirements of U.S. Department of Labor(U.S. DOL) regulations, related to this contract for satisfactory performance of that work no later "Office of Federal Contract Compliance Programs,Equal Employment than 30 days after the Seller's receipt of payment for that work from the Opportunity, Department of Labor,"41 C.F.R. Parts 60 et seq., (which Long Beach Public Transportation Company. In addition;the Seller may implement Executive Order No.11246,"Equal Employment Opportunity," not hold retainage from its subcontractors,is required to return any as amended by Executive Order No.11375,"Amending Executive Order retainage payments to those subcontractors within 30 days after the 11246 Relating to Equal Employment Opportunity,"42 U.S.C.§2000e subcontractor's work related to this contract is satisfactorily completed,is note),any applicable Federal statutes,executive orders,regulations,and required to return any retainage payments to those subcontractors within Federal policies that may in the future affect construction activities 30 days after incremental acceptance of the subcontractor's work by the undertaken in the course of the Project. The Contractor agrees to take Long Beach Public Transportation Company and Seller's receipt of the affirmative action to ensure that applicants are employed,and that partial retainage payment related to the subcontractor's work. employees are treated during employment,without regard to their race, color, religion, national origin,sex,age,ancestry,sexual orientation, (6)The Seller must promptly notify the Long Beach Public Transportation mental or physical disability,veteran status, medical condition, Company,whenever a DBE subcontractors performing work related to pregnancy, marital status or any other protected category. Such action this contract is terminated or fails to complete its work,and must make or policy shall extend to every phase of the employment process and good faith efforts to engage another DBE subcontractors to perform at shall include,but not be limited to,the following:employment, least the same amount of work. The Seller may not terminate any DBE recruitment or recruitment advertising,selection for training,including subcontractor and perform that work through its own forces or those of apprenticeship,promotion,demotion or transfer,compensation,benefits, an affiliate without prior written consent of the Long Beach Public transfers,layoffs or termination,recalls,and Company-sponsored Transportation Company. educational,social and recreational programs. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. 6. Federal Changes (b)Age-In accordance with section 4 of the Age Discrimination in Seller shall at all times comply with all applicable FTA regulations, Employment Act of 1967,as amended,29 U.S.C.§§623 and Federal policies,procedures and directives,including without limitation those transit law at 49 U.S.C.§5332,the Contractor agrees to refrain from listed directly or by reference in the Master Agreement between Buyer discrimination against present and prospective employees for reason of and FTA,as they may be amended or promulgated from time to time age. In addition,the Contractor agrees to comply with any implementing during the term of this contract.Seller's failure to so comply shall requirements FTA may issue. constitute a material breach of this contract. (c)Disabilities-In accordance with section 102 of the Americans with 7. Incorporation of Federal Transit Administration(FTA)Terms Disabilities Act,as amended,42 U.S.C.§12112,the Contractor agrees that it will comply with the requirements of U.S. Equal Employment The preceding provisions include, in part,certain Standard Terms and Opportunity Commission,"Regulations to Implementthe Equal Conditions required by DOT,whether or not expressly set forth in the Employment Provisions of the Americans with Disabilities Act,"29 C.F.R. preceding contract provisions. All contractual provisions required by Part 1630,pertaining to employment of persons with disabilities. In DOT,as set forth in the current FTA Circular 4220.1,are hereby addition,the Contractor agrees to comply with any implementing incorporated by reference. Anything to the contrary herein requirements FTA may issue. notwithstanding,all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. (3)The Contractor also agrees to include these requirements in each The Seller shall not perform any act,fail to perform any act,or refuse to subcontract financed in whole or in part with Federal assistance provided comply with any(name of grantee)requests which would cause(name of by FTA, modified only if necessary to identify the affected parties. grantee)to be in violation of the FTA terms and conditions. 5.Disadvantaged Business Enterprises 8. Energy Conservation (1)This contract is subject to the requirements of Title 49,Code of The Seller agrees to comply with mandatory standards and policies Federal Regulations, Part 26, Participation by Disadvantaged Business relating to energy efficiency which are contained in the state energy Enterprises in Department of Transportation Financial Assistance conservation plan issued in compliance with the Energy Policy and Programs. The national goal for participation of Disadvantaged Business Conservation Act. Rev 12.14.09 Section IV, Mandatory FTA Terms Page 1 of 5 agrees to include a provision requiring such compliance in its lower tier 9. Cargo Preference-Use of United States-Flag Vessels (Ocean covered transactions. Shipments) 13.Recycled/Recovered Materials (If more than$10,000 is procured The Seller agrees:a.to use privately owned United States-Flag per ear commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,dry cargo liners,and tankers) The Seller agrees to comply with all the requirements of Section 6002 of involved,whenever shipping any equipment,material,or commodities the Resource Conservation and Recovery Act(RCRA),as amended(42 pursuant to the underlying contract to the extent such vessels are U.S.C.6962),including but not limited to the regulatory provisions of 40 available at fair and reasonable rates for United States-Flag commercial CFR Part 247,and Executive Order 12873,as they apply to the vessels;b.to furnish within 20 working days following the date of loading procurement of the items designated in Subpart B of 40 CFR Part 247. for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the THE FOLLOWING CONDITIONS APPLY United States,a legible copy of a rated,"on-board"commercial ocean FOR ALL REQUIRMENTS EXCEEDING$100,000: bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,Office of Market 14.Buy America Development, Maritime Administration,Washington, DC 20590 and to the FTA recipient(through the Seller in the case of a subcontractor's bill- The Seller agrees to comply with 49 U.S.C.5323(j)and 49 C.F.R. Part of-lading.)c.to include these requirements in all subcontracts issued 661,which provide that Federal funds may not be obligated unless steel, pursuant to this contract when the subcontract may involve the transport iron,and manufactured products used in FTA-funded projects are of equipment, material,or commodities by ocean vessel. 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 10.Fly America Requirements in 49 C.F.R.661.7,and include microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. The Seller agrees to comply with 49 U.S.C.40118(the"Fly America" 5323(j)(2)(C)and 49 C.F.R.661.11. Rolling stock must be assembled in Act)in accordance with the General Services Administration's the United States and have a 60 percent domestic content. regulations at 41 CFR Part 301-10,which provide that recipients and subrecipients of Federal funds and their Sellers are required to use U.S. A bidder or offeror must submit to the FTA recipient the appropriate Buy Flag air carriers for U.S Government-financed international air travel and America certification with all bids or offers on FTA-funded contracts, transportation of their personal effects or property,to the extent such except those subject to a general waiver. Bids or offers that are not service is available,unless travel by foreign air carrier is a matter of accompanied by a completed Buy America certification must be rejected necessity,as defined by the Fly America Act. The Seller shall submit,if as nonresponsive.This requirement does not apply to lower tier a foreign air carrier was used,an appropriate certification or subSellers. 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 15.Disputes-Breaches or Litigation carrier and shall,in any event,provide a certificate of compliance with the Fly America requirements. The Seller agrees to include the Disputes-Disputes arising in the performance of this Contract which requirements of this section in all subcontracts that may involve are not resolved by agreement of the parties shall be decided in writing international air transportation. by the authorized representative of the Buyer's Purchasing Management. This decision shall be final and conclusive unless within[ten(10)]days 11.ITS National Architecture (Electronic System Requirements Only) from the date of receipt of its copy,the Seller mails or otherwise furnishes awritten appeal to the Buyer's Purchasing Management. In ITS conformance terms vary by project and the FTA has established no connection with any such appeal,the Seller shall be afforded an specific terms at this time.Any ITS requirements,should be described in opportunity to be heard and to offer evidence in support of its position. the respective Statement of Work,Scope of Work,or technical The decision of the Purchasing Management shall be binding upon the specifications made part of this IFB, RFP,or Order. Seller and the Seller shall abide by the decision. 12.Suspension and Debarment (If order exceeds$25,000) Performance During Dispute-Unless otherwise directed by the Buyer, Seller shall continue performance under this Contract while matters in This contract is a covered transaction for purposes of 49 CFR dispute are being resolved. Part 29. As such,the Seller is required to verify that none of the Seller,its principals,as defined at 49 CFR 29.995,or Claims for Damages-Should either party to the Contract suffer injury or affiliates,as defined at 49 CFR 29.905,are excluded or damage to person or property because of any act or omission of the disqualified as defined at 49 CFR 29.940 and 29.945. party or of any of his employees,agents or others for whose acts he is legally liable,a claim for damages therefore shall be made in writing to The Seller is required to comply with 49 CFR 29,Subpart C such other party within a reasonable time after the first observance of and must include the requirement to comply with 49 CFR 29, such injury of damage. Subpart C in any lower tier covered transaction it enters into. Remedies-Unless this contract provides otherwise,all claims, By signing and submitting its bid or proposal,the bidder or counterclaims,disputes and other matters in question between the Buyer proposer certifies as follows: and the Seller 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 Los The certification in this clause is a material representation of fact relied Angeles County,California. upon by Long Beach Public Transportation Company. If it is later determined that the bidder or proposer knowingly rendered an erroneous Rights and Remedies-The duties and obligations imposed by the certification,in addition to remedies available to Long Beach Public Contract Documents and the rights and remedies available thereunder Transportation Co.,the Federal Government may pursue available shall be in addition to and not a limitation of any duties,obligations, rights remedies,including but not limited to suspension and/or debarment. The and remedies otherwise imposed or available by law. No action or bidder or proposer agrees to comply with the requirements of 49 CFR failure to act by the Buyer or Seller shall constitute a waiver of any right 29,Subpart C while this offer is valid and throughout the period of any or duty afforded any of them under the Contract, nor shall any such contract that may arise from this offer. The bidder or proposer further action or failure to act constitute an approval of or acquiescence in any breach thereunder,except as may be specifically agreed in writing. Rev 12.14.09 Section IV, Mandatory FTA Terms Page 1 of 5 16.Lobbying 17.Clean Air Sellers who apply or bid for an award of$100,000 or more shall file the (1)The Seller agrees to comply with all applicable standards,orders or certification required by 49 CFR part 20,"New Restrictions on Lobbying." regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C. Each tier certifies to the tier above that it will not and has not used §§7401 et sec. The Seller agrees to report each violation to the Buyer Federal appropriated funds to pay any person or organization for and understands and agrees that the Buyer will,in turn,report each influencing or attempting to influence an officer or employee of any violation as required to assure notification to FTA and the appropriate agency,a member of Congress,officer or employee of Congress,or an EPA Regional Office. 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. (2)The Seller also agrees to include these requirements in each Each tier shall also disclose the name of any registrant under the subcontract exceeding$100,000 financed in whole or in part with Lobbying Disclosure Act of 1995 who has made lobbying contacts on its Federal assistance provided by FTA. 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 18.Clean Water from tier to tier up to the recipient. (1)The Seller 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 sec. The Seller agrees to report each violation to the Buyer and understands and agrees that the Buyer will,in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2)The Seller also agrees to include these requirements in each subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FTA. 19.Veterans Employment Contractors working on a capital project shall give a hiring preference, To the extent practicable,to veterans(as defined in section 2108 of title 5) Who have the requisite skills and abilities to perform the construction work Required under the contract. This subsection shall not be understood,construed Or enforced in any manner that would require an employer to give preference to Any veteran over any equally qualified applicant who is a member of any Racial or ethnic minority,female,an individual with a disability,or former employee. 20.ADA Access The contractor and any of its Subcontractors under this Contract agree to Comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA),42 USC§§12101 et seq.,Section 504 of the Rehabilitation Act of 1973,as amended,29 USC§794;49 USC§5301 (d);and the following Regulations and any amendments thereto: A. DOT regulations,"Transportation Services for Individuals with Disabilities(ADA)," 49CFR Part 37; B. DOT regulations,"Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,"49 CFR Part 27; C.Joint U.S.Architectural and Transportation Barriers Compliance Board(U.S. ATBCB)/U.S.DOT regulations,"American With Disabilities(ADA)Accessibility Specifications for Transportation Vehicles,"36 CFR Part 1192 and 49 CFR Part 38; D. Department of Justice(DOJ)regulations,"Nondiscrimination on the Basis of Disability in State and Local Government Services,"28 CFR Part 35; E. DOJ regulations,"Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,"28 CFR Part 36; F.General Services Administration regulations,"Accommodations for the Physically Handicapped,"41 CFR Subpart 101-19; G. Equal Employment Opportunity Commission,"Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 CFR Part 1630; H. Federal Communications Commission regulations,"Telecommunications Relay Services Rev 12.14.09 Section IV, Mandatory FTA Terms Page 1 of 5 and Related Customer Premises Equipment for Persons with Disabilities,"47 CFR Part 64,Subpart F;and I. FTA regulations,'Transportation for Elderly and Handicapped Persons,"49 CFR Part 609. J. U.S.ATBCB regulations,"Electronic and Information Technology Accessibility Standards,"36 CFR Part 1194;and K.Any implementing requirements FTA may issue. 21.Notification of Federal Participation for States To the extent required by Federal law,the State agrees that,in administering any Federal Assistance Program or Project supported by the underlying Grant Agreement or Cooperative Agreement,any requestfor proposals,solicitation,grant application,form, Notification,press release,or other publication involving the distribution of Federal Assistance for the Program or the Project shall indicate that FTA is the Federal agency That is providing the Federal assistance,the Catalog of Federal Domestic Assistance Number of the program from which the Federal assistance is authorized,as applicable, and the amount provided. Rev 12.14.09 Section IV, Mandatory FTA Terms Page 1 of 5 LONG BEACH PUBLIC TRANSPORTATION COMPANY SECTION V Purchase Order Attachment LBT-10-00 INSURANCE REQUIREMENTS General LONG BEACH PUBLIC TRANSPORTATION COMPANY 0 Purchase Order Attachment LBT-10-00 Summary of Indemnity and Insurance Requirements for Bidders/Sellers/Contractors General Indemnity and Insurance 1. This is a Summary of Indemnity and Insurance Requirements for Contractors providing services or supplies to Long Beach Public Transportation Company (Buyer). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by Buyer. 2. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor's liability under this agreement. The full coverage and limits afforded under Contractor's policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. 3. Contractor shall provide Buyer with Certificates of Insurance including all required endorsements and a copy of the Endorsement and Declarations Page of the CGL policy listing all policy endorsements to Buyer before work begins. Buyer reserves the right to require full-certified copies of all Insurance coverage and endorsements. I. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, with counsel of Buyer's choice, indemnify and hold harmless Long Beach Public Transportation Company (Buyer), the City of Long Beach, their employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. The Contractor shall defend any suit or action brought against Buyer embraced by the Indemnity regardless of the actual negligence of the Contractor. All obligations under this provision are to be paid by Contractor as they are incurred by Buyer. Contractor has no obligation under this Indemnification agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole or willful fault of Buyer, or the liability attributable to active negligence or active fault of Buyer. This obligation to indemnify and defend Buyer and City of Long Beach as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement. By execution of this Contract, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this agreement. Buyer approval of the Insurance contracts required by this Agreement does not in any way relieve the Contractor or subcontractors from liability under this section. The parties agree that if any part of this Indemnification is found to conflict with applicable laws, such part shall be unenforceable only insofar as it conflicts with said laws, and that this Indemnification shall be judicially interpreted and rewritten to provide the broadest possible Indemnification legally allowed and shall be legally binding upon Contractor. Rev. 12.28.09 Page 1 of 4 II. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, the Contractor's agents, representatives, or employees. A. Coverage shall be at least as broad as: 1. Insurance Services Office (ISO) Commercial General Liability coverage occurrence form CG 00 01 that includes Unmodified Contractual Liability Coverage and Unmodified Products and Completed Operations Liability. No "Prior Work" Exclusions are allowed. Non-standard (non-ISO) Policies or Endorsements require approval from Buyer. Contractor must maintain the Commercial General/Business Liability (CGL) coverage for at least five years after the expiration of this Agreement. 2. Insurance Services Office form number CA 00 01 covering Business Automobile Liability, code 1 (any auto). 3. If non-standard Insurance forms are used rather than the standard Insurance Services Office (ISO) forms shown, Contractor agrees to pay Buyer for an Independent Expert evaluation and opinion as needed to determine whether or not they are at least as broad in coverage as the standard ISO forms. The charge shall be $150 for each non-standard endorsement and $575 for each non- standard policy. 4. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall be endorsed to waive any right of subrogation as respects Buyer, its employees or agents and such endorsement shall be provided to Buyer with the Certificate of Insurance. B. MINIMUM LIMITS OF INSURANCE: Seller shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence/$4,000,000 aggregate limits for bodily injury, personal injury, property damage, and product/completed operations liability. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation to statutory limits. 4. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 5. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non contributory basis to an additional insured (if agreed to in a written contract) before the additional insured's own primary CGL policy or self Insurance shall be called upon to protect it as a named insured. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by Buyer and shall not reduce the limits of liability. At the option of Buyer, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Buyer, its officers, officials, employees and volunteers; or the Contractor shall procure acceptable alternative risk financing to assure payment of such deductibles or self-insured retentions. The policy shall provide that the self-insured retention may be satisfied by either the named insured or Buyer. Rev. 12.28.09 Page 2 of 4 Buyer reserves the right to obtain a full-certified copy of any Insurance policy and endorsements. D. OTHER INSURANCE PROVISIONS The liability policies are to contain, or be endorsed to contain, the following provisions: 1. Buyer, their officers, officials, employees and volunteers are to be covered as an additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The Additional Insured endorsements shall provide coverage at least a broad as: a. ISO Form CG 20 10; or CG 20 33; or CG 20 38 04 13 b. ISO Form CG 20 37 Products & Completed Operations Liability coverage (or an endorsement at least as broad. ISO CG 20 10 11 85 is acceptable.) c. ISO Form CG 20 01 04 13 providing Primary and non-contributory coverage for all Additional Insured Endorsements or an endorsement at least as broad 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects Buyer, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by Buyer, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to Buyer, its officers, officials, employees or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Buyer. 6. The Insurance obligations under this agreement shall be the greater of 1—all the Insurance coverage and limits carried by or available to the contractor or 2—the minimum Insurance requirements shown in this agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to Buyer. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A-:VII., and shall be "California-admitted carriers," unless otherwise acceptable to LBT. F. VERIFICATION OF INSURANCE Contractor shall furnish Buyer with original endorsements effecting coverage required by this Section including the required (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations and endorsement page listing all policy endorsements. All endorsements are to be received and approved by Buyer before work commences. Certificates of Insurance are requested for information only, and shall not be accepted as substitutes for endorsements required herein, except for errors and omissions liability insurance. Buyer reserves the right to require a full-certified copy of any policy and all endorsements. Rev. 12.28.09 Page 3 of 4 Failure by Buyer to enforce any of the Contractor's obligations shall not constitute a waiver of Buyer's right to enforce them at a later time. If any portion of these requirements shall be found to be unenforceable, it shall be severed and the remaining portions shall continue to apply. Rev. 12.28.09 Page 4 of 4 LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project SECTION VI REQUIRED FORMS LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project, RFP NO: 15-022 PRIMARY PARTICIPANT CERTIFICATION Regarding Debarment,Suspension and Other Responsibility Matters The certifies to the best of its knowledge and (Firm name/principal) belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification. The primary participant, certifies or (Firm name/principal) affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. sections 3801 et seg. are applicable thereto. Signature and Title of Authorized Official Rev. 1.8.10 Section VI, Required Forms Page 1 of 7 LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project, RFP NO: 15-022 LOWER-TIER PARTICIPANT CERTIFICATION Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion The (Firm name/principal) certifies by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participant in this transaction by any Federal department or agency. If unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal. The (Firm name/principal) certifies or affirms the truthfulness and accuracy of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. sections 3801 et seg. are applicable thereto. Signature and Title of Authorized Official Rev. 1.8.10 Section VI, Required Forms Page 2 of 7 LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project, RFP NO: 15-022 RESTRICTIONS ON LOBBYING CERTIFICATION hereby certify on behalf of that: (Name, authorized Official) (Name of company) (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 any 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 influencing or attempting to influence 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 of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in all subcontracts, and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this day of , 20_ By (Signature of authorized official) (Title of authorized official) Rev. 1.8.10 Section VI, Required Forms Page 3 of 7 LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project, RFP NO: 15-022 DRUG FREE WORKPLACE CERTIFICATION hereby certify on behalf of (Name of authorized official) that (Name of company) The CONTRACTOR named above, and all Sub-Contractors working on this contract, will comply with Government Code Section 8355 in matters relating to providing a drug-free workplace. The CONTRACTOR and all Sub-Contractors will therefore: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance are prohibited, and that specified actions will be taken against employees for violation of these prohibitions, as required by Government Code Section 8355(a). Establish a Drug-free Awareness Program, as required by Government Code Section 8355(b), to inform employees all of the following: 1. The dangers of drug abuse in the workplace. 2. The firm's policy of maintaining a drug-free workplace. 3. Any available counseling, rehabilitation and employee assistance programs, and 4. Penalties that may be imposed upon employees for drug abuse violations, including that no employee who tests positive for use of a controlled substance shall be permitted to work on this contract. Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: 1. Will receive a copy of the firm's drug-free policy statement, and 2. Will agree to abide by the terms of the firm's statement as a condition of employment on the contract. CERTIFICATION: I, hereby certify that the above-named company, which I am duly authorized to represent, will comply with the Drug Free Workplace requirements of this contract. I understand that this certification is made under penalty of perjury, under the laws of the State of California. Executed this day of , 20 By (Signature of authorized official) (Title of authorized official) Rev. 1.8.10 Section VI, Required Forms Page 4 of 7 LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project, RFP NO: 15-022 BUY AMERICA CERTIFICATION This procurement is subject to the Federal Transit Administration "Buy America" Requirements in 49 CFR Part 66a, as amended. A "Buy America" Certificate, as per attached format, must be completed and submitted with the proposal. A proposal which does not include the certificate will be considered non-responsive. A waiver form the 'Buy America" Provision may be sought by if grounds for the waiver exist. Section 165a of the Surface Transportation Assistance (STA) Act of 1982 permits FTA participation on this contract only if steel, iron, cement, and manufactured products used in the contract are produced in the United States. "BUY AMERICA CERTIFICATE" The proposing company hereby certifies that it will comply with the requirements of Section 165a of the Surface Transportation Act of 1982 and the regulations in 49 CFR 661. Signature: Title: Date: Or The Proposing company hereby certifies that it cannot comply with the requirements of Section 165a of the Surface Transportation Assistance Act of 1982, but may qualify for an exemption to the requirement pursuant to Section 165b of the STA Act and regulations in 49 CFR 661.7, as amended. Signature: Title: Date: Rev. 1.8.10 Section VI, Required Forms Page 5 of 7 LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project, RFP NO: 15-022 PROPOSING COMPANY'S LIST OF PARTICIPATING FIRMS Proposing Company: The proposing contractor must submit the following information for each participating firm: Subcontractor Information Company Name Age of Firm Address Annual Gross Receipts $ Contact Name Phone Number Dollar amount of subcontract$ Describe work ------------------------------------------------------------------------------------------------------------------------------------------- Company Name Age of Firm Address Annual Gross Receipts $ Contact Name Phone Number Dollar amount of subcontract$ Describe work ------------------------------------------------------------------------------------------------------------------------------------------- Company Name Age of Firm Address Annual Gross Receipts $ Contact Name Phone Number Dollar amount of subcontract$ Describe work (Attach copies for additional subcontractors as needed) Rev. 1.8.10 Section VI, Required Forms Page 6 of 7 LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project, RFP NO: 15-022 DBE PARTICIPATION Proposing company: The following stated dollar ($) amount will be the compensation paid to DBE Firms certifiable or certified under the provisions of the "Long Beach Transit Disadvantaged Business Enterprise Program". $ Firm Name: Firm Address: Telephone Number Description of Work $ Firm Name: Firm Address: Telephone Number Description of Work $ Firm Name: Firm Address: Telephone Number Description of Work Total DBE percentage participation % Total dollar value of DBE participation $ The undersigned hereby certifies that the foregoing statements and information are true and correct. Signature Title Date Rev. 1.8.10 Section VI, Required Forms Page 7 of 7 LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project LONG BEACH PUBLIC TRANSPORTATION COMPANY SECTION VII PROPOSAL RESPONSE / PRICE SUMMARY FORM LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project PROPOSAL RESPONSE / PRICE SUMMARY FORM In accordance with the Request for Proposal issued by the Long Beach Public Transportation Company (hereinafter referred to as "Buyer"), the undersigned Proposing Company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated project as set forth in the Scope of Work/Specifications and any addenda thereto, and to perform all work in the manner and time prescribed therein. ADDENDA The bidder acknowledges the receipt and incorporation of the following Addenda into the proposed price. Issue Date Addendum Number PART A: BASE PROPOSAL: Base Contract Scope of Work/Specifications: TOTAL LUMP SUM PROPOSED PRICE: (IN FIGURES) $ TOTAL: (IN WORDS)$ The undersigned agrees that, if selected as the successful Proposing Company, will within ten (10) working days after notification of award by the Buyer, execute a Contract in accordance with the terms of this proposal. Rev.8.20.08 Section VII, Proposal Response /Price Summary Form Page 1 of 2 LONG BEACH PUBLIC TRANSPORTATION COMPANY Facility Security Camera Upgrade/Migration Project (Seal if proposed by a Corporation) Bidder's Company Name Address City, State, Zip Phone Number Fax Number Email Address Federal Employer ID/TIN No. Title of Person Authorized to Sign Print Name Authorized to Sign Authorized Signature Date Signed Bid must be signed by a competent member That can contractually commit the firm. Rev.8.20.08 Section VII, Proposal Response /Price Summary Form Page 2 of 2 I LONG BEACH PUBLIC TRANSPORTATION COMPANY 2 3 4 SECTION VIII 5 6 SAMPLE AGREEMENT 7 For 8 RFP #: 15-022 9 FACILITY SECURITY CAMERA UPGRADE/MIGRATION 10 PROJECT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Rev. 12.17.09 MS Page 1 of 7 30 ■ 31 AGREEMENT NO. 15-022 32 BETWEEN 33 LONG BEACH PUBLIC TRANSPORTATION COMPANY 34 AND 35 36 THIS AGREEMENT is made and entered into this day of Month, 2015, by 37 and between the LONG BEACH PUBLIC TRANSPORTATION COMPANY, a Non- 38 Profit corporation of the state of California (Hereinafter referred to as "Buyer"), and 39 (Hereinafter referred to as "Seller"). 40 WITNESSETH: 41 WHEREAS, Buyer requires the services of a Seller to provide [Material or 42 Supplies required]; and 43 WHEREAS, said materials or supplies cannot be provided by the regular 44 employees of Buyer; and 45 WHEREAS, Seller has represented that it has the requisite personnel and 46 experience, and is capable of providing such material or supplies; and 47 WHEREAS, Seller wishes to provide such material or supplies; Rev. 12.17.09 MS Page 2 of 7 48 NOW, THEREFORE, it is mutually understood and agreed by Buyer and Seller 49 as follows: 5o ARTICLE 1. COMPLETE AGREEMENT 51 This Agreement, including Exhibits, REP Package Documents, and Proposal 52 Documents constitutes the complete and exclusive statement of the terms and conditions 53 of the agreement between Buyer and Seller and it supersedes all prior representations, 54 understandings and communications. The invalidity in whole or in part of any term or 55 condition of this Agreement shall not affect the validity of other terms or conditions. 56 Buyer's failure to insist in any one or more instances upon Seller's performance of any 57 term(s) or condition(s) of this Agreement shall not be construed as a waiver or 5s relinquishment of Buyer's right to such performance or to future performance of such 59 term(s) or condition(s) and Seller's obligation in respect thereto shall continue in full 60 force and effect. Changes hereto shall not be binding upon Buyer except when 61 specifically confirmed in writing by an authorized representative of Buyer. 62 ARTICLE 2. BUYER DESIGNEE 63 The President&CEO of Buyer, or his designee, shall have the authority to act for 64 and exercise any rights of Buyer as set forth in this Agreement subsequent to, and in 65 accordance with the authorization granted by Buyer's Board of Directors. 66 ARTICLE 3. SCOPE OF WORK 67 Seller shall provide the materials or supplies necessary to complete in a manner 68 satisfactory to Buyer the requirements set forth in The Statement of Work/Requirements Rev. 12.17.09 MS Page 3 of 7 69 of RFP 15-022 and said RFP is incorporated herein by reference and made a part of this 70 Agreement. Seller shall also perform in accordance with its bid dated , 2015. 71 72 ARTICLE 4. TERMS INCORPORATED BY REFERENCE 73 The following Terms and Conditions are incorporated herein by reference: 74 1. Purchase Order Attachment LBT-01,General Terms & Conditions 75 2. Purchase Order Attachment LBT-02,Disadvantaged Business Enterprise(DBE) 76 Participation Requirements 77 3. Purchase Order Attachment LBT-08,Mandatory FTA Terms& Conditions 78 4. Purchase Order Attachment LBT-10-00, Insurance Requirements 79 5. Purchase Order Attachment LBT-14,Request For Change Order Process 80 81 ARTICLE 5. TERM OF AGREEMENT 82 This Agreement shall commence upon execution by both parties and shall 83 continue in full force and effect until the materials or supplies set forth in the Scope of 84 Work/Requirements of the RFP have been delivered according to the schedule set forth 85 in Seller's proposal or as may be modified and agreed to in writing between Buyer and 86 Seller. 87 88 ARTICLE 6. NOTICE TO PROCEED 89 The Notice to Proceed shall be issued within twenty (20) working days of the 90 Contract execution. Should there be reasons why the Notice to Proceed cannot be issued Rev. 12.17.09 MS Page 4 of 7 91 within such period the time may be extended by mutual agreement between Buyer and 92 Seller. 93 94 ARTICLE 7. PAYMENT 95 A. For Seller's full and complete performance of its obligations under this Agreement, 96 Buyer shall pay Seller the sum of ($ 97 ). Sum to include Seller's total direct costs, indirect costs, expenses and 98 profit 99 B. Invoices shall be submitted by Seller in duplicate to Buyer's Accounts Payable 100 Office. Each invoice shall reference the assigned Purchase Order number, and the 101 amount of payment requested. Buyer shall remit payment within thirty (30) days of 102 receipt and approval of each correct invoice. 103 C. Special Note: Invoices for this project are only processed once a month by the 104 Buyer. Invoices must be submitted in the first week of a month in order to be paid in 105 the same month. Buyer will not be responsible for late receipt of invoices which will 106 cause a delay in payment of approximately one month. 107 1os ARTICLE 8.MAXIMUM OBLIGATION 109 Notwithstanding any provisions of this Agreement to the contrary, Buyer and 110 Seller mutually agree that Buyer's maximum cumulative payment obligation hereunder 111 (including obligation for Seller's profit) shall be ($ ), including all amounts Rev. 12.17.09 MS Page 5 of 7 112 payable to Seller for any subcontracts, leases, materials and costs arising from, or due to 113 termination of this Agreement. 114 115 ARTICLE 9. NOTICES 116 All notices hereunder and communications regarding the interpretation of the 117 terms of this Agreement, or changes thereto, shall be effected by delivery of said notices 11 s in person or by depositing said notices in the U.S. mail, registered or certified mail, return 119 receipt requested, postage prepaid and addressed as follows: 120 121 To Seller: _ To Buyer: LONG BEACH PUBLIC 122 TRANSPORTATION COMPANY 123 Seller Address P.O. Box 731 124 1963 E. Anaheim Street 125 Long Beach, CA 90801 126 ATTENTION: Name ATTENTION:Name 127 12s ARTICLE 10. OWNERSHIP OF REPORTS AND DOCUMENTS 129 The originals of all custom letters, documents and reports produced under this 130 Agreement shall be delivered to, and become upon payment in full for all services 131 rendered, the property of, Buyer. Copies may be made for Seller's records. Such 132 deliverables shall be deemed works made for hire and all rights in copyright therein shall 133 be retained by Buyer. Rev. 12.17.09 MS Page 6 of 7 134 135 ARTICLE 11. CHANGE ORDERS 136 137 No changes may be made to the General Requirements, Technical Specifications or 138 Scope of Work without written authorization from the Buyer. Any requests for changes 139 from the supplier (Seller) must be made using the Buyer's Request For Change Order 140 (RFCO) process identified as "Purchase Order Attachment LBT-14, Request for Change 141 Order Process". The RFCO process consists of completing a request form, identifying 142 any impact to cost or schedule, and obtaining written approval of the Buyer. Complete 143 instructions are attached to the form. Approved RFCO's will result in a revision to the 144 original Purchase Order. 145 146 This Agreement shall be made effective upon execution by both parties. 147 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 148 15-022 to be executed on the date first written above. 149 150 151 _ _ LONG BEACH PUBLIC 152 TRANSPORTATION COMPANY 153 By By 154 Name Name 155 Title Title Rev. 12.17.09 MS Page 7 of 7 LONG BEACH TRANSIT LONG BEACH TRANSIT 1963 E.ANAHEIM ST. LONG BEACH, CA 90813 FACILITY SECURITY CAMERA UPGRADE/MIGRATION PROJECT SCOPE OF WORK APRIL 2015 Statement of Work Security Cameras Install Project INTRODUC TION/B ACKGROUND Long Beach Transit (LBT) operates from 2 main locations: LBTI - Anaheim St. location which is the administration location and LBT2 - 68`h St. location located 7 miles north of our admin location. In addition, the Transit and Visitor Information Center (TVIC) located downtown at First St. and Pine Ave serves as our transit hub. All 3 locations are equipped with security cameras which are recording on a 24x7 basis. LBT intends to standardize on a digital security camera systems at its 3 locations for ease of management. LBTI and LBT2 are equipped with two camera recording systems: A Pelco system with an Systems Manager (SM) backend and an ONSSI system. The Pelco and ONSSI are operating independent of each other. A Pelco camera system was installed at TVIC when the center was built in 2009. This project was initiated due to the need of upgrading the aging Pelco system. The Pelco system is initially installed over 15 years and upgraded once approximately 8 years ago. The majority of the camera locations are running on the 20years old coax infrastructure mixed in with the some newer Ethernet infrastructure that were installed with the newer cameras the last few years. Current configuration: LBT1 - Anaheim St. location: 1. Pelco/Endura system at Anaheim St. location: • 43 digital cameras 0 30 fixed cameras 0 13 PTZ cameras • 48 Analog cameras 0 48 fixed cameras • 1 viewing station in security guard shack • 1 viewing station in Dispatch area • 1 viewing station in Maintenance area • 1 viewing station in the Security Administrator office • 1 viewing station in the IT office • Marketing Supervisor uses web based capability of Pelco system to view cameras at TVIC • The money room has both both PTZ and fixed cameras. • Viewing stations in Finance area at Anaheim St. location to the money rooms at both locations. • System Manager recording system located in Admin building will ALL perimeter cameras coax connections centralized in upstairs IDF. • Endura recording system is located in Data Center. 2. ONSSI system at Anaheim St. location: • 9 fixed cameras located in the warehouse • 1 viewing station in Maintenance area April 2015 1 Statement of Work Security Cameras Install Project • 1 viewing station in the Security Administrator office • ONSSI recording system is located in Data Center. LBT2 - 68th St. location: 1. Pelco system at 68th St. location: • 16 digital cameras 0 13 fixed cameras 0 3 PTZ cameras • 1 viewing station in security guard shack • 1 viewing station in Dispatch area • 1 viewing station in Maintenance area • SM recording system located in Ops building will ALL perimeter cameras coax connections centralized in Data Center. • The money room has both both PTZ and fixed cameras. • Viewing stations in Finance area at Anaheim St. location to the money rooms at both locations. • Endura recording system is located in Data Center. 2. ONSSI system at 68`h St. location: • 16 fixed cameras located in the warehouse and CNG fuel processing area • A Sight Logic `Virtual Fence' at the CNG fuel storage area. • 1 viewing station in the Guard Shack • 1 viewing station in Maintenance area • 1 viewing station in the Security Administrator office • ONSSI recording system is located in Data Center. TVIC: 1. Pelco/Endura system at Transit Information Center location: • 16 digital cameras 0 13 fixed cameras 0 3 PTZ cameras • Viewing station from inside TVIC • Viewing station in Finance Revenue Accountant • Viewing station in Finance Revenue Coordinator • Viewing station in Finance Revenue Manager • Web based Viewing station in Customer Service supervisor at Anaheim location. • Endura recording system is located in Computer area at TVIC April 2015 2 Statement of Work Security Cameras Install Project SCOPE OF WORK The purpose of this project is to provide LBT with new surveillance capabilities. PERIOD OF PERFORMANCE The period of performance for the Facility Security Camera Upgrade / Migration project will be proposed by the vendor and approved by LBT's Project Manager. All work must be scheduled to complete within this timeframe. Any modifications or extensions will be requested through LBT's Project Manager for review/discussion and to follow the Request for Change Order process. PLACE OF PERFORMANCE The selected vendor for the Facility Security Camera Upgrade /Migration Project will perform a majority of the work at LBT's location. The vendor will be required to meet at LBT's facility once per week (day and time TBD) for a weekly status meeting. Additionally, all project gate reviews will be held at LBT's facility and attended by the vendor. LBT will provide and arrange for meeting spaces within its facility for all required vendor meetings. Once the project reaches the testing phase, all testing will be conducted at facility to be designated by LBT. WORK REQUIREMENTS The Contractor is to perform the following: At Anaheim Street location: • Replace 101 existing cameras with new digital cameras. 0 87 fixed cameras 0 13 PTZ cameras • Install 1 PTZ camera located at northeast corner of parking lot • Install 1 PTZ camera located at northeast corner of Transit Service Delivery building • Install 2 fixed cameras above fuel station; 1 centered in each lane to view roof-top of buses passing through • Install a Sight Logic virtual fence along Cherry Ave—4 cameras • Replace existing coax cabling infrastructure of with either Ethernet or Fibre, if necessary • Install viewing station in Dispatch office and provide viewing capabilities to all cameras at all locations except the money rooms. • Install 3 viewing stations in Finance to view Anaheim St. location and 68`h St location money-room cameras. • Install viewing station in Maintenance office and provide viewing capabilities to all cameras at all locations except the money rooms. • Install viewing station of Security Administrator office and provide viewing capabilities to all cameras at all locations except the money rooms. April 2015 3 Statement of Work Security Cameras Install Project • Install viewing station of Security Guard Shack • Install 2 viewing stations; 1 located at each fuel station - one at each lane to view fuel island cameras only • Implement sound capabilities in money room to record sound with video. • Install a back-end recording system with enough capacity to retain minimum 90 days of video. • Create connection for all three systems with ability for remote management. At 68th Street location: • Replace 32 existing cameras with new digital cameras 0 29 fixed cameras 0 3 PTZ cameras • Install 3 new PTZ cameras along Cherry Avenue wall. • Install 2 new fixed cameras above fuel station; 1 centered in each lane to view roof-top of buses passing through • Replace Sight Logic `Virtual Fence' (4 cameras) at the CNG fuel storage area, if necessary with new `Virtual Fence' capability. • Replace all coax cabling infrastructure with either Ethernet or fibre, if necessary. • Install viewing station in Dispatch office and provide viewing capabilities to all cameras at all locations except the money rooms. • Install viewing station in Communication Center and provide viewing capabilities to all cameras at all locations except the money rooms. • Install viewing station in Maintenance office and provide viewing capabilities to all cameras at all locations except the money rooms. • Install viewing station in Security Guard Shack and provide viewing capabilities to all cameras at all locations except the money rooms. • Install 2 new viewing stations; 1 located at each fuel station - one at each lane to view fuel island cameras only • Implement sound capabilities in money room to record sound with video. • Install a back-end recording system with enough capacity to retain minimum 90 days of video. • Create connection for all three systems with ability for remote management. At Transit and Visitor Information Center location: • Replace 16 existing cameras with new digital cameras 0 13 fixed cameras 0 3 PTZ cameras • Install new fixed camera above visitor desk to looking back in the office • Install new fixed camera in lost-and-found area • Install viewing station inside TVIC to view all cameras at TVIC location • Install a back-end recording system with enough capacity to retain minimum 90 days of video. • Create connection for all three systems with ability for remote management. General: April 2015 4 Statement of Work Security Cameras Install Project • Provide network design prior for IS' approval prior to installation. • Provide training to IS for technical maintenance and management for troubleshooting purposes. • Provide training to all users for systems navigation techniques. • All cameras installation include ALL necessary wiring drops. • All Ethernet wiring are to be at CAT-6 or better. • All fibre channel wiring are multi-mode or better. • All cables must be terminated in patch panels in data center and offices. • LBT will provide all necessary connectivity between Anaheim St. and 68t' St. bandwidth requirement. • Provide plan for 90-day retention of all cameras. • Documentation o Network connectivity diagram in Microsoft Visio of LBTI, LBT2, and TVIC—LBT to provide floor plan and yard layout plan. o Technical system specs for cameras equipment o Technical system specs for recording system o Technical system specs for network equipment • LBT has standardized on Brocade Network equipment for switches and routing. Contractor is to adhere to said manufacturer in their proposals. Total Cameras Matrix Location Existing Additional to be installed Total to be installed # Fixed #PTZ Viewing # Fixed #PTZ Viewing # Fixed #PTZ Viewing Cameras Cameras Stations Cameras Cameras Stations Cameras Cameras Stations LBT1 87 13 7 6 2 2 93 15 9 LBT2 29 3 3 2 3 2 31 6 5 TVIC 13 3 3 2 0 1 15 3 4 TOTAL 139 24 18 April 2015 5 Statement of Work Security Cameras Install Project PROPOSAL The vendor is to propose a turnkey solution of new systems with the same or better capabilities than the current systems. The fixed price proposal to include: • Job walk plan to `survey' all 3 locations. • Plan to provide centralized management capabilities of all systems. • Standardized systems equipment list • Installation plan including audio capabilities in computer rooms at LBTI and LBT2 • Configuration plan including audio capabilities in computer rooms at LBTI and LBT2 • Technical training plan for IT staff to include, at minimum: o Maintenance procedures o Management procedures o Security configuration procedures o Troubleshooting procedures 0 2 manufacturer training vouchers for IT staff. • User training plan • Project schedule in Microsoft Project • Payment schedule based on milestone • Detailed pricing plan to include: o Cameras • fixed cameras • PTZ cameras o Viewing Station+ licenses o Recording systems o Network equipment o Installation o Configuration o Training o Taxes o Freight 0 3 years extended warranty that includes current equipment to ensure all equipment are covered with co-terminus term. o Support plan to include an in-house health monitor with alert capabilities of the cameras and recording system with `phone home' capability to proposer. Support plan also to include a 24-hour response and a 48-hour resolution for all issues. o Maintenance plan to include quarterly on-site preventive maintenance performance on all cameras and back-end recording system. PAYMENT MILESTONES The below list consists of the payment milestones identified for the Facility Security Camera Migration Project: April 2015 6 Statement of Work Security Cameras Install Project Equipment Delivery and Acceptance Cost of equipment Installation &Configuration 25% of remaining balance Training 25% of remaining balance User Acceptance & Documentation 50% of remaining balance ACCEPTANCE CRITERIA For the Facility Security Camera Upgrade / Migration Project the acceptance of all deliverables will reside with LBT's Project Manager. The Project Manager will maintain a team of advisors/stakeholders in order to ensure the completeness of each stage of the project and that the scope of work has been met. Once a project phase is completed and the vendor provides their report/presentation for review and approval, the Project Manager will either sign off on the approval for the next phase to begin, or reply to the vendor, in writing, advising what tasks must still be accomplished. Once all project tasks have been completed, the project will enter the handoff/closure stage. During this stage of the project, the vendor will provide their project closure report and project task checklist to LBT's Project Manager. The acceptance of this documentation by LBT's Project Manager will acknowledge acceptance of all project deliverables and that the vendor has met all assigned tasks. Any discrepancies involving completion of project tasks or disagreement between LBT and the selected vendor will be referred to both organizations' contracting offices for review and discussion. OTHER REQUIREMENTS All vendor project team members will submit identification to LBT for clearance and access badges to the facility. If necessary, all vendor personnel will be granted access to LBT data center and all necessary IT functions under the supervision of LBT's IT Manager, and only for work pertaining to the Facility Security Camera Migration Project. Upon completion of the project these accounts access will be closed. Other compliance requirement may be forwarded by Purchasing Department. April 2015 7 Statement of Work Security Cameras Install Project ACCEPTANCE Approved by LBT: Date: April 2015 8 LONG BEACH PUBLIC TRANSPORTATION COMPANY Purchase Order Attachment LBT-14 REQUEST FOR CHANGE ORDER PROCESS (RFCO Process) The Buyer's Request for Change Order (RFCO) process, as documented herein, shall be used whenever unforeseen changes in the Scope of Work and/or expense is incurred for the duration of this procurement. 05r] Long Beach Transit Project: RFCOtt: Contractor's Request for Change Order Contract oh ❑ Cheek if Urgent Section 1- Description of Change C/O Title: Date: Reason For Change: Section 2- Estimated Time Impact Explain Any Delay: Due To This Change The Contract Schedule: ❑Will be Increased by an Estimated Working Days ❑Will be Decreased by an Estimated Working Days Section 3- Estimated Cost Impact(Attach Quotes or details if available) Cost Breakdown Table Due To This Change The Contract Cost: Description Labor $ ❑Will be Increased by$ Material $ ❑Will be Decreased by$ Other $ ❑Will Not Change(No Cost Increase/Decrease) Credits -$ ❑Total Cost or Reduction: $ Impact is Unknown,Not to Exceed Amount$ Name and Signature Of Submitting Contractor: Name And Signature,LBT Receipt Acknowledgement: Name: Name: Company: Date: Date: Signature: Signature: Section 4- Scope of A roval(Denial-(LBT use only) Encumbrance ❑Denied ❑Approved(Project Manager/Director Signature Required) Budget Dollar Amount$ Reason_/_Comments: Original PO Dollar Amount$ To Date Dollar Amount$ Signature: Date: Actual$ Date: Rev. 10.30.09 Page 2 of 3 By:8370 Request For Change Order(RFCO) Processing A Request for Change Order(RFCO) is generated whenever a project change occurs which adds, deletes,or modifies the content of an original, approved Statement of Work. RFCO's are typically generated by a Contractor to request a change of project scope from LBT. The intent of the form is to document;the change requested the impact to the budget and project schedule,and LBT's approval or refusal of the requested change. Approved RFCO's are issued provide authorization to a Contractor or Supplier to proceed with the Change indicated along with any change in cost, and/or time. The form consists of a Header and four sections.The Header identifies the Project and RFCO number. This is followed by;a description of the change,the impact on the schedule,the impact on the cost,and LBT's approval or refusal of the Change. The RFCO form is initiated and processed as follows: Header: The Contractor fills out the Header;stating the Project Name (Such as BSAP III),the Request for Change Order sequential number (i.e. RFCO# 1, 2,3, 4....etc.),the contract number(often the RFP or IFB#),and checking the"Urgent"box if the request requires immediate attention. "Urgent"or immediate attention would be defined as anything which causes work to stop,costly delays,or health and safety issues. Section 1 —Description of the Change: Section 1 provides fields for:the title of the Change Order(C/O Title) or subject of the change, such as "Transmart Sign,Anaheim & Orange", and the date the change was requested.The Contractor must then describe the reason for the requested Change. Section 2—Estimated Time Impact: If the schedule is impacted,the Contractor must explain the reason for the delay.Typical reasons might include; "Waiting for permit approval", "Old foundation found under surface"or"Gas line must be re-routed before work can continue." The Contractor will then check off whether or not the schedule is impacted and if so,by how much. Section 3—Estimated Cost Impact: The Contractor shall list the costs of the Change in terms of labor, material and other expenses as indicated on the "Cost Breakdown Table".Special attention should be given to subtract any credits due for items originally bid but replaced or deleted by the requested Change. Upon calculation,the Contractor shall check the appropriate box on the right and enter the total amount of the change. If the amount can not be determined,and estimated Time and Material amount may be entered in the last check box. Copies of any supporting documentation,such as additional calculations or quotes, should be attached to the back of the form. Upon completion of the Cost Impact,the Contractor will print his/her name and sign the request for the company represented. The RFCO must then be sent or given to the LBT Project Engineer for processing. Upon receipt,the LBT Project Engineer signs the RFCO acknowledging the request, logs the request, and presents the RFCO to the Project Manager or Director for review and approval. Section 4—Scope of Approval/ Denial (For LBT use only) Upon Approval (or refusal),the signed RFCO is returned to the Project Engineer for the Project file and a copy is given to the Contractor. If approved,the signed RFCO acts as an authorization to proceed with the requested change. If the RFCO is denied,the RFCO provides documentation that the requested change was considered and the reason the request was denied. Rev. 10.30.09 Page 3 of 3 By:8370 Dec 01 2015 08:50AM LBT Purchasing 5625912083 page 1 LONG BEACH Bill To: No.L719Q4 PURCHASE ORDER Page 1 of 1 =-•' PO Box 731,Long Beach,CA 90801-0731 , (562)591 8753 This number must appear on Invoice TRANSIT Attn:AccountsPayable FAX (562)591-2083 PeckSl'mpandanycorrespondence Ship TO LONG BEACH TRANSIT ANAHEIM ate 10/28I15 Required ew ry pate 02/01/16 1963 E.ANAHEIM ST. LONG BEACH, CA.90813 Ship Via NOT APPLICABLE Issued To CelPlan Technologies.Inc. F.O.B. 1920 Assoioation Dr.4th Floor TERMS 00 NET 00 Reston VA 20191 DEPT ANAHEIM WAREHOUSE This order is lasued sublw to the terms,condltlons instructlons on the race Attn Jasper Bruinzeel Aoct No, and attached page.Not subjectto FEDERAL Excise Tax This Purchase Order Is subject to all the terms and conditions set forth in LBT RFP 15-022 and CelPlan Technologies, Inc.proposal dated July 9,2015 and Best and Final proposal dated September 9,2015. ITEM QUANTITY MFR/PART NO. Unit Price Total DESCRIPTION 001 634787.00 1 1.00 $634787.00 DL Replacement of the Security Surveillance Camera Infrastructure at all three LBT facilities TAXABLE SUBTOTAL SALES TAX APAT. NONTAXABLE SUBTOTAL TOTAL AVr.OF ORDER $0.00 $0.00 $634787.00 $634787.00 Please acknowledge receipt of this order by signature and fax to(562)591.2063. On other than F,O.B.destination,prepay and add to invoice as separate If shipping a partial,advise when partials will be delivered.Padang slips and Invoices Item.Invoice in triplicate-include purchase order no.all invoices must be for partial deliveries must state PARTIAL'.Shipments received 30 days beyond the received by the 25n of the month.N tale,payment will be delayed required delivery date are sublect to cancellation.This Purchase Order is issued under approximately 30 days.Discounts allowed witi be taken. Lars General Teems and Conditions document LBT-01.Copy avaliaWe upon request. SUPPLIER ACKN[7 LI}GEMF-AdT; LONG BEACH PUBLIC TRANSPORTATION COMPAW. By_ Buyer _ � . Rev.9A0.07