REQUEST FOR PROPOSAL NO. FP740026 REQUEST FOR PROPOSAL NO. – FP740026 Sealed Request for Proposal...

(______________) Published in The Wichita Eagle, Monday, April 17, 2017

REQUEST FOR PROPOSAL NO. – FP740026

Sealed Request for Proposal will be received in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas, prior to 3:00 O'CLOCK P. M., CST, FRIDAY, MAY 19, 2017. One (1) original, one (1) electronic copy, and (10) copies of the proposal are required. Envelopes must be marked “Request for Proposal “FP740026” and show Due Date and Time to identify contents. "Request For Proposal" submittal letter must be signed and dated to submit a proposal for:

TRANSIT DEPARTMENT

AUTOMATIC FARE COLLECTION (AFC) SYSTEM

AS PER SPECIFICATIONS

F.O.B.: Wichita, KS

Specifications for the sealed proposals are on file in the office of the City Purchasing

Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas, (316) 268-4636. This

information is also available on the City of Wichita Web Site at https://ep.wichita.gov.

A PRE-PROPOSAL TELEPHONE CONFERENCE will be held in the 12TH Floor Finance

Conference Room, 455 N Main, Wichita, KS on Tuesday, May 2nd, 2017 at 10:00

a.m. CST. The purpose of the meeting will be to answer questions from vendors regarding

the specifications and the proposal procedure. Please dial 1-888-337-0215, Access Code

8587290# to access conference.

Sealed proposals shall be received in the office of the City Purchasing Manager prior to

3:00 o’clock p.m., CST, FRIDAY, MAY 19, 2017.

The review and evaluation of the submitted Proposals and contract negotiation with the

preferred vendor can take a significant amount of time before notification that a contract

has been approved by City Council. If the Purchasing Division may be of further

assistance, please contact us at (316) 268-4636.

Dated at Wichita, Kansas, on the 12th day of April, 2017.

Melinda A. Walker

Purchasing Manager

https://ep.wichita.gov/

A T T E N T I O N

A PRE-PROPOSAL TELEPHONE CONFERENCE WILL BE HELD AT

12TH FLOOR FINANCE CONFERENCE ROOM

455 N Main

WICHITA, KS 67202

AT 10:00 a.m., CST

ON

TUESDAY, MAY 2, 2017

THE PURPOSE OF THE MEETING WILL BE TO REVIEW

REQUIREMENTS AND SPECIFICATIONS

CONTAINED IN THIS PROPOSAL PACKAGE AND TO CORRECT

ANY ERRORS OR TO MAKE ANY NECESSARY CHANGES.

ATTENDANCE AT THIS PRE-PROPOSAL IS RECOMMENDED

FOR THOSE FIRMS SUBMITTING PROPOSAL

AS A PRIME CONTRACTOR.

* * * * * * * * * * * * * * *

NOTICE…NOTICE…NOTICE

NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY

AFFIRMATIVE ACTION PROGRAM REQUIREMENTS

1. It is the policy of the City of Wichita to require that all contracts of the City and its agencies include provisions to ensure that applicants for employment with its contractors, subcontractors, vendors and suppliers are selected and employees are treated during employment, without regard to race, color, sex, religion, national origin, ancestry, disability, or age except where age is a bona fide occupational qualification. 2. The Kansas Act Against Discrimination (Kansas Statutes Annotated 44-1001 et. seq., as amended) requires every person who enters into a contract with the City of Wichita for construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services to: a. Observe the provisions of the Kansas Act Against Discrimination and not to discriminate

against any person in the performance of work under the present contract because of race, religion, color, sex, disability, or age unrelated to such person’s ability to engage in the particular work.

b. In all solicitations or advertisement for employees, the contractor shall include the phrase “EQUAL OPPORTUNITY EMPLOYER” or a similar phrase to be approved by the Kansas Human Rights Commission.

c. Upon request, inform the Kansas Human Rights Commission and/or the City Of Wichita Finance Department in writing the manner in which such person will recruit and screen personnel to be used in performing the contract.

d. Contractor shall include the provisions of Paragraphs (a), (b), (c), and (d) of this Paragraph 2, in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.

e. EXEMPTED from these requirements are: (1) Any contractor who has already complied with the provisions set forth in these sections

by reason of holding a contract with the federal government or a contract involving federal funds. (Proof of compliance is required).

(2) Contracts entered into by any contractor who employs fewer than four (4) employees during the term of such contract.

(3) Contractors who hold contracts with the City of Wichita with a cumulative total value of five thousand dollars ($5,000.00) or less during the City fiscal year.

f. Reports requested by the Kansas Human Rights Commission shall be made on forms prepared by the Commission, copies of which are available from the Kansas Human Rights Commission, Contract Auditor, 900 S.W. Jackson Street, Suite 851 S., Topeka, Kansas, 66612.

3. During the performance of any City contract or agreement, the contractor, subcontractor, vendor or supplier of the City shall comply with all the provisions of the Civil Rights Act of 1964, as amended; The Equal Employment Act of 1972, Executive Orders 11246, 11375, 11141, Part 60 Title 41 of the Code of Federal Regulations; the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, The Americans with Disabilities Act and/or any law, regulation or amendments as may be promulgated thereunder. 4. Failure of any contractor, subcontractor, vendor or supplier to report to the Kansas Human Rights Commission as required by K.S.A. 1976 Supp. 44-1031 as amended or State statutes, Federal statutes or regulations pertaining to discrimination, which finding or decision or order has become final, shall be a breach of contract and any such contract may be canceled, terminated or suspended in whole or in part by the City or its contracting agency. 5. Compliance with the Equal Employment Opportunity requirements of the City of Wichita does not relieve the contractor, subcontractor, vendor or supplier of the necessity of also complying with the Kansas Act Against Discrimination. Exemptions Claimed: Four (4) Employees or less; Federal Contract, Contract less than $5,000.00.

NOTE: You will be contacted if you are the successful vendor and do not have a

current EEO/AA submittal on file with the Purchasing Office and/or have not

REGISTERED VIA THE CITY’S WEB SITE: https://ep.wichita.gov . Questions about

the City of Wichita’s EEO/AA submittal requirements should be directed to (316)

268-4417.


City of Wichita, KS 455 N. Main Wichita, KS 67202

City of Wichita, Kansas

Transit Department

Request for Proposal for Automatic Fare

Collection (AFC) System

April 12, 2017 RFP740026

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City of Wichita, Kansas Transit Department

RFP: Automatic Fare Collection (AFC) System

Table of Contents


April 12, 2017 – Page i

Table of Contents



Table of Contents


April 12, 2017 – Page ii

Table of Contents ........................................................................................................................................... i

I. Rules of Preparation ............................................................................................................................. 4

A. Introduction .......................................................................................................................................... 5

B. Request for Clarifications or Interpretations ........................................................................................ 6

C. Schedule of Events ................................................................................................................................ 7

D. Pre-Proposal Conference ...................................................................................................................... 7

E. Submission of Proposals........................................................................................................................ 7

F. Supplemental Instructions or Changes ................................................................................................. 8

G. Taxes ..................................................................................................................................................... 8

H. Emerging and Disadvantaged Business Participation ........................................................................... 8

I. Cost of Preparation of Proposal ............................................................................................................. 8

J. Disclosure of Litigation .......................................................................................................................... 8

K. Other Obligations .................................................................................................................................. 9

L. Evaluation ............................................................................................................................................ 10

M. Demonstrations ................................................................................................................................. 12

N. Enhancements to the RFP .................................................................................................................. 12

O. Applicability of City of Wichita Open Records and Disclosure of Proposal Contents ........................ 12

P. Contact with City Employees .............................................................................................................. 13

Q. Other General Conditions ................................................................................................................... 14

II. Background and Scope of Work .......................................................................................................... 16

A. Background ........................................................................................ Error! Bookmark not defined.

B. Scope of Work ................................................................................................................................. 17

1. General ........................................................................................................................................ 18

2. Automatic Fare Collection System Requirements ...................................................................... 20

3. Warranty, Maintenance and Spare Parts.................................................................................... 32

4. Implementation and Acceptance ................................................................................................ 35

III Proposer Response ................................................................................................................................. 38

A. Introduction .................................................................................................................................... 39



Table of Contents


April 12, 2017 – Page iii

B. Checklist .......................................................................................................................................... 40

C. Proposer and Subcontractor Information ........................................................................................... 41

D. Proposer Experience and Resources .................................................................................................. 41

E. Proposal/Contract Information ........................................................................................................... 42

F. Proposers Hardware and Software Requirements ............................................................................. 43

G. Customer Support & Warranty/Maintenance .................................................................................... 47

H. Training & Documentation ................................................................................................................. 49

I. Implementation and Project Management ......................................................................................... 50

J. Statement of Work .............................................................................................................................. 51

IV. Costs ....................................................................................................................................................... 53

A. Introduction .................................................................................................................................... 54

B. Hardware Costs & Installation ........................................................................................................ 54

C. Ancillary Equipment Costs .............................................................................................................. 55

D. System Software Costs .................................................................................................................... 56

E. RDBMS Software Licenses ............................................................................................................... 57

F. Applications Software Costs ........................................................................................................... 58

G. Other Costs ......................................................................................................................................... 59

H. Optional Costs ..................................................................................................................................... 60

I. Hourly Rates ......................................................................................................................................... 61

J. Total Costs Summary ........................................................................................................................... 61

Appendix A – IT Technology Agreement ..................................................................................................... 63

Appendix B – Federal Transit Administration Clauses ................................................................................ 80

Appendix C – Federal Transit Administration Certifications ....................................................................... 97

A. BUY AMERICA COMPLIANCE CERTIFICATION ................................................................................. 98

B. LOBBYING CERTIFICATION .............................................................................................................. 99

C. DEBARMENT AND SUSPENSION CERTIFICATION .......................................................................... 100

D. DBE APPROVAL CERTIFICATION .................................................................................................... 101

E. DBE CONTRACT GOAL CERTIFICATION .......................................................................................... 102



Rules of Preparation


April 12, 2017 – Page 4

I. Rules of Preparation





April 12, 2017 – Page 5

A. Introduction

The City of Wichita, Kansas (“City”) invites your company to submit a written proposal to provide

all new fare box equipment, and establish a term contract through competitive negotiation to

replace Wichita Transit’s fare collection system with a more versatile validating electronic

Automatic Fare Collection (AFC) system which is modernized and incorporates newer technology,

and to provide support, additional equipment, services and maintenance on an as needed basis

throughout the useful life of the system.

The proposal should clearly demonstrate how the City would be provided with the software, services and support, and any related hardware that will best satisfy the City’s requirements.

This procurement will be subject to the requirements of Federal Financial Assistance with the Federal Transit Administration (FTA) and all FTA required provisions and other applicable governmental laws and regulations will apply including Equal Employment Opportunity Regulations and the Wichita Transit DBE provisions. Bidders must not be on the U.S. Comptroller General List of Ineligible Contractors.

The proposal should include:

A detailed description of your proposed approach to remove the existing equipment and replace with all new state of the art equipment.

Appropriate application software to support the business functions as stated in the RFP.

All system and network hardware to support the proposed system including specifications for the main processor or server computer(s) and all related peripherals necessary for the normal operation of the proposed system, including recommended system printers, drives, and other special, unique, or optional equipment.

All network and security requirements to support the proposed system.

Relational Database Management System (RDBMS) requirements to support the proposed system.

All System and Network software (i.e., operating system) requirements to support the proposed system.

Interfaces available in or through the proposed system to/from City and external systems.

Implementation services, installation, configuration, data conversion, training services and integration of existing systems and support for users.

Maintenance, knowledge transfer, and support services for the proposed systems.

This Request for Proposal (RFP) states the overall scope of services desired, procurement terms and conditions, specific hardware and software requirements as well as Proposer experience and qualifications to be provided.

Section I - Provides the rules of preparation for the proposal.

Section II - Presents a brief background description of the City of Wichita, Kansas and its desired approach to implementing the Automatic Fare Collection System. This section also contains a brief description of existing systems and networks installed within the City.





April 12, 2017 – Page 6

Section III – Requires Proposer responses including company background and qualifications, specifications and capabilities of proposed systems, and services to be provided.

Section IV - Requires Proposer responses for proposal cost information

Appendices - Includes the City’s IT Technology Agreement

Your response should clearly detail how the fare box equipment, hardware, software, and/or cloud services that you are proposing can best satisfy the City’s requirements. The City requires a comprehensive solution with a prime contractor with legal and financial responsibility for all hardware, software, installation, integration, implementation, and support and maintenance services. One consolidated response with all cost items included in the cost summary shall be submitted. The prime contractor shall be the sole point of contact for the City with regard to contractual matters.

To ensure a fair and objective analysis of all proposals, the submitted proposal must follow the rules stated within this section and the format established within this RFP. Failure to comply with or complete any portion of this request may result in rejection of a proposal.

B. Request for Clarifications or Interpretations

Written communication shall govern this RFP process. In no case shall verbal communication supersede written communication.

The City’s project manager is Ken Dimick of the City’s Transit Department.

Proposers’ inquiries, questions, and requests for clarification related to this RFP are to be directed in writing to the RFP Coordinator:

The City of Wichita Finance Department, Purchasing 455 North Main Wichita, KS 67202 Attention: Hannah Lang Telephone: 316-268-4636 E-mail: [email protected]

Informal Communications shall include, but are not limited to: requests from/to Proposers or Proposers’ representatives in any capacity, to/from any City of Wichita employee or representative of any kind or capacity with the exception of Melinda Walker for information, comments, speculation, etc. Inquiries for clarifications and information that will not require addenda may be submitted verbally to the party named above at any time.

Formal Communications shall include, but are not limited to:

Questions concerning this RFP: Questions must be submitted in writing and be received prior to 5:00 pm Central Time (CT), Tuesday, May 9, 2017.

Errors and omissions in this RFP and enhancements: Proposers shall bring to the City of Wichita any discrepancies, errors, or omissions that may exist within this RFP. With respect to this RFP, Proposers shall recommend to the City of Wichita any enhancements that might be in the best interests of the City of Wichita. These recommendations must be submitted in writing and be received prior to 5:00 pm Central Time(CT) Tuesday, May 9, 2017.

mailto:[email protected]





April 12, 2017 – Page 7

Inquiries for clarifications/information that will not require addenda may be submitted verbally to Melinda Walker named above at any time during this process.

Presentations and pre-award negotiations may be conducted under this RFP.

Addenda: The City of Wichita will make a good-faith effort to provide a written response to each question or request for clarification that requires a solicitation addendum within three (3) business days after the questions are submitted.

All addenda will be posted to the City’s Proposer Services web page https://ep.wichita.gov and will be available on request.

The City of Wichita will not respond to any questions/requests for clarification that require addenda, if received by the City of Wichita after 5:00 pm Central Time (CT) Tuesday, May 9, 2017.

C. Schedule of Events

The following is a tentative schedule that will apply to this RFP, but may change in accordance with the organization’s needs or unforeseen circumstances.

Issuance of RFP Friday, April 12, 2017

Pre-Proposal Conference Tuesday, May 2, 2017 at 10:00 a.m.

Written Questions Due for RFP Close Tuesday May 9, 2017

RFP Closes Friday, May 19, 2017 at 3:00 p.m.

Complete Initial Evaluation Friday, June 16, 2017

Final Award Notification Friday, July 14, 2017

D. Pre-Proposal Conference

A telephone pre-proposal conference will be held on Tuesday, May 2, 2017 at 10:00 a.m. in the 12th Floor Finance Conference Room, City Hall, 455 N Main. Attendance at the pre-proposal conference is not mandatory; however, Proposers are welcome to be present if necessary.

In order for questions to be addressed at the pre-proposal conference they should be submitted to the City in writing (electronic media preferred) at least five (5) business days in advance of the conference. Questions not submitted in advance of the conference may be asked but may or may not be answered at the conference itself.

It is not the intention of the City to issue minutes or notes of the Pre-Proposal Conference. However, written addenda or clarifications may be issued to all prospective Proposers if deemed necessary by the City.

E. Submission of Proposals

Proposals must be sealed and delivered to the RFP Coordinator:

Melinda Walker City of Wichita Finance Department, Purchasing 455 North Main Wichita, KS 67202






April 12, 2017 – Page 8

On or prior to 3:00 pm Central Time (CST) Friday, May 19, 2017 The City of Wichita shall not accept proposals received by fax or email.

Proposers are to submit ten (10) copies and one original copy of proposal marked “Original” and (10) ten marked “Copy”. Please provide one electronic copy utilizing Microsoft Word 2010 and Excel 2010. Each original and copy must be individually bound.

Upon receipt of Proposer proposals, each Proposer shall be presumed to be thoroughly familiar with all specifications and requirements of this RFP. The failure or omission to examine any form, instrument or document shall in no way relieve Proposers from any obligation in respect to this RFP.

F. Supplemental Instructions or Changes

Any supplemental instructions or changes will be in the form of written addenda to this solicitation. Any addenda will be made available to all prospective Proposers, prior to the due date for submittal of proposals, via the contact email address and will be posted on the City’s Proposer Services web page https://ep.wichita.gov. It shall be presumed that any addenda issued shall become a part of the City’s RFP.

Proposers or Proposers who have not obtained this proposal solicitation document directly from the City shall be responsible for immediately notifying the City to receive all written addenda on a timely basis. Proposers who do not so notify the City and submit proposals without receipt of all addenda issued may be deemed to have submitted proposals not responsive to this request for proposal solicitation.

G. Taxes

Unless otherwise specified in this solicitation document, the Proposer shall include and be responsible for paying all taxes, which shall be applicable to the sale of the proposed goods and services.

H. Emerging and Disadvantaged Business Participation

The City of Wichita encourages all bidders to include emerging and disadvantaged business participation in their proposals. Therefore, each Proposer shall specifically identify the participation of emerging and disadvantaged contractors and subcontractors in the work to be performed by the Proposer and shall list such emerging and disadvantaged contractors or subcontractors by name and show the dollar amount of work to be performed by each in the proposal. An overall project goal of 5% minimum has been set for this project.

I. Cost of Preparation of Proposal

The City will not pay costs incurred by Proposers in the proposal preparation, printing, demonstration or negotiation process. The Proposer will be responsible for all costs, with the exception of travel and other expenses incurred by City personnel during visits to Proposer offices and customer reference sites.

J. Disclosure of Litigation

Each Proposer (and each subcontractor included in the Proposer’s proposal) must include a complete disclosure of any civil litigation or alternative dispute resolution proceeding to which






April 12, 2017 – Page 9

it is a party and which is pending or was concluded within one year from the date of this RFP. This is a continuing disclosure requirement. Any such litigation, arbitration, or other proceeding (collectively, “Proceeding”) commencing after submission of a proposal must be disclosed in a written statement to the contact administrator within 30 days of its occurrence. Details of settlements that are prevented from disclosure by the terms of the settlement may be annotated as such.

K. Other Obligations

The selected Proposer will be required to enter into a written Agreement with the City using a

City of Wichita contract. The City will require certain contractual obligations, which may

include, but are not limited to, the following:

Status Reporting - The selected Proposer may be required to facilitate weekly status meetings on site (unless otherwise indicated) and submit status reports covering such items as progress of work being performed, risk status updates, change requests and status, milestones attained, resources expended, problems encountered and corrective action taken, until final system acceptance. Status reports are to be in Gantt chart format.

Warranty - All equipment, software and workmanship are to be under warranty for a minimum of two years from the date of system acceptance. The warranty shall require the Proposer to be responsible for all cost of parts, labor, field service, and pickup and delivery related to repairs or corrections during the warranty period. There is to be no cost to the City beyond those identified in the proposal.

Costs - All costs should be detailed specifically in Section IV, Costs of the RFP; Proposer submission should be for a fixed price solution. Costs should be unbundled and separately listed as defined in Section IV, Costs. Proposals that do not detail specific costs on the forms provided in Section IV, Costs will be considered non-responsive.

Other - In the final contract, the City wants to obtain items such as performance guarantees for system availability, response time, capacity, and detailed system acceptance criteria. Some of the specific guarantees required are identified in Sections III, Functional Specifications and Technical Requirements and IV, Proposer Response of the RFP. The selected Proposer should be prepared to negotiate the inclusion of such items within the scope of services and pricing.

Laws to be Observed - The selected Proposer shall keep itself fully informed of and shall observe and comply with all applicable existing State and Federal laws and County and City ordinances, regulations and codes, and those laws, ordinances, regulations and codes adopted during its performance of the work.

Payment Schedules - Payments for the proposed system shall be based on defined deliverables such as installation and training. No payments will be made in advance of work performed. No less than the remaining balance of twenty-five percent (25%) of the total purchase price shall be due upon final acceptance of the proposed system by the City.

Liquidated Damages - The City may include in the contract penalty provisions for non-performance. This may include liquidated damages.

Selection - The final award of contract is subject to approval by the City.





April 12, 2017 – Page 10

L. Evaluation

Evaluation of the proposals is expected to be completed within 30 business days after proposals are opened. An evaluation team composed of representatives of the City will evaluate proposals on a variety of quantitative and qualitative criteria as well as its compliance with the mandatory requirements stated within the RFP. The proposal selected shall provide the most cost-effective approach that meets the City’s requirements. The lowest price proposal will not necessarily be selected. The City intends to select the most qualified and responsible respondent whose proposal is most advantageous to the City.

The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications to initial proposals or to make partial or multiple awards. The City further reserves the right to excuse technical defects in a proposal when, in the sole discretion of the City, such excuse is beneficial to the City.

The City may award based on initial proposals received, without discussion of such proposals or may short list those Proposers that have “qualified” based on scoring.

Evaluation Criteria includes but is not limited to:

1. Checklist (Section III. B.)

Completeness and thoroughness of the proposal. All required information should be provided, in the format specified.

Proposer clearly understands the City’s purpose, scope and objectives, including the applicability and quality of the Proposer’s approach.

2. Proposer Experience and Resources (Section III. D.)

The quality, relevance and number of references.

The Proposer’s ability to successfully install the system, as demonstrated by installation of a similar system in at least three (3) comparable Transit Agencies within the past five (5) years. Emphasis would be given to the specific capabilities required by the City.

Provide agency name, contact name, phone number and location.

Size of the agency (number and size of buses/vans.

Operating system (MS Windows NT, MS 2000, etc.

Database server (Oracle, SQLserver, etc)

Custom software (if any)

The financial stability and resources of the Proposer.

3. Proposal/Contract Information (Section III. E.)

The Proposer’s willingness to:

a. Negotiate a contract using the City’s contract, including payment terms, acceptable to the City of Wichita, Kansas. Any exceptions taken to the City’s terms and conditions should be noted and explained in detail, including any proposed alternative language.

b. Certify as to No Lobbying and Influencing Federal and/or City Employees or City Council Members and Conflict of Interest.

c. Accept a payment schedule with at least 25% holdback of the total contract compensation until final acceptance by the City.





April 12, 2017 – Page 11

d. Agree to a ninety (90) day Performance Acceptance testing period.

4. Costs (Section IV.)

One-time costs. Although the low cost Proposer may not necessarily be awarded the contract, costs are an important evaluation criterion.

Ongoing costs for maintenance and support.

5. Qualifications and Experience

Experience in performing work similar in nature and/or related to the work described in the Scope of Work.

Experience working with transit agencies.

Strength and financial stability of the firm.

Demonstrated competence and follow-up after installation as evidenced by supporting references.

6. Proposers Hardware and Software Requirements (Section III. F)

Proposed Solution Architecture

a. Hosted (SaaS), Self-Hosted, cloud based

Related Hardware and System Software

Application Software

7. Customer Support and Warranty/Maintenance (Section III. G.)

The level of service and responsiveness that the Proposer commits to providing the City of Wichita, Kansas.

Qualifications, experience and technical expertise of the Proposer’s Customer Support staff.

Ability of the Proposer to provide long-term maintenance support to the City.

The Proposer’s process for providing new releases of the software.

8. Training and Documentation. (Section III. H.)

The amount and extent of user and technical support training to be provided and any prerequisite knowledge or skills required.

Quality and extent of the documentation to be provided.

Selected qualified Proposers may be invited to provide product demonstrations to City personnel. All Proposer representative(s) attending the demonstration shall be technically qualified to respond to questions related to the proposed system.

In addition, selected qualified Proposers must be prepared to discuss their approach or methodologies that will be used in analyzing both cost and business benefit factors of the Proposer’s proposed services to the City. The City reserves full discretion to determine the capability of Proposers. Proposers will provide, in a timely manner, any and all information that the City deems necessary to make such a decision.





April 12, 2017 – Page 12

The Proposer whose proposal is most advantageous to the City will be recommended for contract award. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.

M. Demonstrations

If the City determines that there are qualified Proposers that warrant an invitation to present and demonstrate their system, the City will require a thorough demonstration of the proposed system by the selected qualified Proposers.

The selected qualified Proposers shall be required to demonstrate functional and technical capabilities through demonstrations of specific functional and technical requirements being met per Appendix B, Functional and Technical Requirements.

Demonstrations will be evaluated based on the following:

Overall presentation

Implementation approach

Training approach

Support options

Ease of use

Selected qualified Proposers will be evaluated on the quality and breadth of the system functional and technical capabilities, as well as the demonstrated knowledge and ability of key personnel. This information will be critical in the City’s determination in any contract award resulting from this RFP process. Additionally, the City may require visits to existing installations comparable to the proposed solution.

N. Enhancements to the RFP

The format of the RFP should be followed and all requested information should be submitted as indicated. However, the City is receptive to any additional suggestions pertaining to services and system capabilities in addition to those contained in the RFP that the Proposer believes would be useful to the City.

Any enhancements to the RFP should be included in writing in the Proposers response.

O. Applicability of City of Wichita Open Records and Disclosure of Proposal Contents

The City of Wichita is a public entity. As a result, this selection process and any materials submitted pursuant to it may be subject to a variety of public inspection requirements, including, but not limited to, federal and state records disclosure statutes. To promote maximum competition and to protect the public bidding procedure from being used to obtain information that would normally not be available otherwise, the City of Wichita agrees to maintain the confidentiality of trade secrets to the extent allowed by Kansas law. Confidential or trade secret materials must be submitted in response to this RFP in accord with the instructions set forth herein. The obligations of non-disclosure shall not apply to the following:

1. Information which, at the time of disclosure, is public knowledge;





April 12, 2017 – Page 13

2. Information which, after disclosure, becomes part of the public knowledge by publication or otherwise;

3. Information which was in the possession of the City of Wichita at the time of disclosure and which was not acquired, directly or indirectly by recipient from the disclosing party, and which prior possession can be proven by documentary evidence;

4. Information received from third parties, provided such information was not obtained to their knowledge by said third parties, directly or indirectly, on a confidential basis;

5. Information which is independently developed by City of Wichita personnel not privy to the information.

6. Any material that does not qualify as “confidential” or as a “trade secret” under the provisions of Chapter 60-3320 to 3330 of the Kansas Statutes.

Materials designated as trade secrets must be submitted in a separate, sealed envelope marked "Trade Secret Proposal - Confidential and Proprietary Information - Do Not Disclose Except for Purpose of Evaluating this Proposal" and the same trade secret/confidentiality designation should be stamped on each page of the materials for which trade secrets protection is sought. In submitting a proposal, each respondent to the RFP agrees that the City of Wichita may reveal any trade secret materials contained in their response to all appropriate staff and officials involved in the selection process as well as any outside consultants or third parties hired or retained by the City of Wichita to assist in the selection process.

By submitting a proposal, each respondent to the RFP agrees to indemnify, defend and hold harmless the City of Wichita and each of their officers, employees, and agents from all costs, damages, and expenses incurred by the City of Wichita in connection with a public records or inspection request as to material that the Proposer has designated as confidential. Any Proposer that designates a substantial portion of its response as a trade secret may be disqualified from the selection process.

If the City of Wichita receives a request to disclose materials that have been labeled as a trade secret or confidential by the Proposer, the recipient of the request (the “Recipient”) shall provide the Proposer with notice of the request. Within five (5) calendar days of the receipt of this notice, the Proposer must notify the Recipient of whether or not it instructs the Recipient to withhold the materials from public inspection and the Proposer must seek, at its sole cost, appropriate judicial action to prevent the disclosure of the materials. If the Proposer notifies the Recipient to withhold materials from public inspection, said notice must also include a legal justification for why the withheld materials qualify for exemption from the Kansas Open Records Act. If such justification is not provided with the notice to withhold materials, the Proposer acknowledges that the notice shall be void and deemed of no effect and that the Recipient may release the information without penalty. Further, if the Proposer does not take action to prevent the disclosure of the materials within a five (5) calendar day period, the Recipient may release the information pursuant to the public records request without any penalty from or liability to the Proposer.

P. Contact with City Employees

All Proposers are prohibited from contacting City staff and employees regarding this RFP between the time of issuance of the RFP and the issuance of intent to contract letter, unless





April 12, 2017 – Page 14

such contact is made to the City’s Finance Department, or the Project Manager as noted in Subsection I. B. of this RFP. Failure to comply with this provision could result in the rejection of a Proposers proposal.

Q. Other General Conditions

Current Manufacture - Equipment furnished under this specification shall be standard products of manufacturers regularly engaged in the production of such equipment and shall be the manufacturer’s latest design. All material and equipment offered shall be new and unused.

Current Version - “Packaged” application and system software shall be the most current publisher or Proposer’s version, as of date of proposal. Beta test versions will not be acceptable.

Prior Use - The City reserves the right to use equipment and material furnished under this proposal prior to final acceptance. Such use shall not constitute acceptance of the work or any part thereof by the City.

Availability of Funds - In the event that sufficient funds are not available for the project, the City reserves the right to negotiate the scope of this contract, delay implementation, reject all proposals, or award another type of contract other than that required in this RFP.

Errors and Omissions in the RFP - If the City of Wichita becomes aware of an error or omission in this RFP, they will post a notice on the website. If the City of Wichita discovers an error or omission after the proposals are submitted, they may at their discretion proceed or reissue the RFP. Even if they elect to reissue the RFP, the City of Wichita will not be liable for any costs or damages incurred by any Proposer in preparing and submitting the original proposal.

Requirement to Meet All Proposal Provisions - Each Proposer shall respond to all of the specifications and proposal terms and conditions. By virtue of the proposal submission, the Proposer acknowledges agreement with and acceptance of all provisions of the specifications except as expressly qualified in the proposal. Non-substantial deviations may be considered provided that the Proposer submits a full description and explanation of and justification for the proposed deviations. Whether any proposed deviation is non-substantial will be determined by the City at its sole discretion.

Objections to RFP Terms - Any objections to or questions about this RFP’s terms must be conveyed in writing to the electronic mail address provided in Section I. E. and must be submitted by the deadline for submission of questions about the RFP in Section I. C. above.

Proposal Retention and Award - The City reserves the right to retain all proposals for a period of 180 days after the proposal opening date for examination and comparison. The City also reserves the right to determine and waive non-substantial irregularities in any proposal, to reject any or all proposals, and to make award as the interest of the City may require.





April 12, 2017 – Page 15

Release and Hold Harmless Agreement - By submitting a proposal, each Proposer agrees to release and hold harmless the City of Wichita and their respective officers, directors, trustees, employees, and agents ("Releasees") from all claims, costs, damages, liabilities or expenses ("Claims") in connection with or arising from the preparation and submission of a response to this RFP, the accuracy or omission of any information furnished in connection with this RFP, the actions of any Releasee in the conduct of this RFP process including evaluation of Proposer's proposal, any economic benefit lost or damages incurred by a Proposer, or any other Claim connected with or arising in any way from the RFP process.



Background and Scope of Work


April 12, 2017 – Page 16

II. Background and Scope of Work





April 12, 2017 – Page 17

A. Background

Wichita Transit (WT) provides fixed route transit service for the City of Wichita. Currently 49

buses and trolleys are ut i l ized on 17 routes. WT fare sales are currently limited to exact

on-board fare, which provides customers with a single ride or a day pass respectively, or

customers can purchase pre-paid monthly, weekly, day and half-fare day passes in four (4)

locations: the Downtown Transit Center, the City Hall Express Office, WT Administrative Offices,

the Wichita State University (WSU) Rhatigan Student Center, and fifteen (15) Wichita Dillon’s

grocery store locations. WT’s current sales structure does not provide WTcustomers or

management with the necessary use and sales flexibility. Several of WT’s GFI

O d y s s e y registering fareboxes and associated fare system components are currently

thirteen (13) years old and lack many modern features that would be beneficial to W T ’s

operations. Additionally, as the components continue to age, maintenance demands and

associated costs are increasing. As a result, WT is pursuing modernization to its fare collection

system processes to incorporate newer technologies. WT will only be outfitting buses for this

procurement, so will need to have fareboxes installed on 46 buses.

WT’s current bus fleet inventory is as follows:

WT BUS FLEET Bus Type Number

35’ Gillig 37 40’ Gillig 8 29’Chance Trolley

1 TOTALS 46

B. Scope of Work

Contractor shall provide all labor, materials, tools, software, hardware, equipment, training,

installation, technical support, warranties, and incidentals necessary to furnish, install and

maintain a new turnkey electronic automatic fare collection system for Wichita Transit (WT).

The new system must be reliable, flexible, easy to use, supportable, secure and compatible with

other systems such as, but not limited to, Automated Vehicle Locator (AVL), A guiding principle

for the Automatic Fare Collect (AFC) system is ease of use and access for drivers, riders,

maintenance, and administrative support personnel. The design of all displays, buttons, touch-

screens, and other human-computer interface elements will play an important role in selecting the

best value system for WT.





April 12, 2017 – Page 18

This project is financed in part with Federal funds and requires compliance with applicable laws

and regulations as specified in applicable Federal terms, conditions and provisions incorporated

herein.

1. General

a) General

(1) It is the function and intent of this Scope of Work to describe the minimum

technical requirements for an Automatic Farebox Collection System to be used

by WT.

(2) All items not specifically mentioned which are required for a turnkey unit

shall be included in the proposed unit price. Proposers must include pricing for all

components of the system.

(3) Any equipment to be furnished must be new and in current production. All

products shall conform in design, strength, quality of material and workmanship

to current industry standards.

b) Installation and Maintenance

(1) It will be the responsibility of the successful proposer to remove the existing

fare collection system now in use on all buses. It will be the responsibility of the

successful proposer to remove the existing vaulting system. All costs associated

with these tasks are to be included in the proposal submitted. The existing fare

collection equipment will be retained by WT after its removal from the vehicles.

(2) All fareboxes, accessories, and vaulting systems must be installed over the

course of nine (9) days, including two (2) weekends.

c) Purpose of the Procurement

WT is seeking to procure a validating Automatic Farebox Collection (AFC) system for its

public transportation system. WT is now accepting proposals from respondents for

consideration and selection of a Contractor to furnish, install, test, and deliver into service,

with thorough end-user training (including driver, maintenance, and administrative

training), the AFC system described in this request for proposal.

The objectives of the AFC system are to provide a state-of-the-art, open access, user-

friendly, fare collection system that can accept currency, validating paper cards, and

stored value cards (smart cards). The AFC system shall maximize:

(a) Ease of use for riders.

(b) Ease of operation for drivers.





April 12, 2017 – Page 19

(c) Ease of maintenance for support staff.

(d) Reliability of system performance.

(e) Data Retrieval and Management

(f) Accuracy and Security of information.

(g) Cost effectiveness of operations.

(h) Extended Service life of the system.

d) Procurement Quantities

The table below defines the quantities of companents for the initial procurement. In

addition, the Contractor shall make available, on an as needed basis, sufficient spare

fareboxes, modules, and parts for purchase to ensure continued operation of the AFC

system throughout the duration of the contract.

Base AFC System Components Quantity

Automatic Farebox (in service) 46

Automatic Farebox for training 1

Vault Housing 1

Removable vaults 2

Portable vault 1

Option AFC System Componants Quantity

Ticket Vending Machine 1 (bid per unit)

Point of Sale Stations (if necessary) 1 (bid per unit)

WT shall have the option to purchase additional fareboxes, parts and accessories on an

as needed basis to maintain the farebox system. Proposals shall include pricing, per unit,

for the additional fare collection equipment and parts. All items delivered under this option

shall be equal to those purchased by the initial contract award. All conditions, technical

specifications and requirements defined in the contract documents shall apply to the

equipment provided under the option, as though purchased by the initial award of the

contract.

Any item which WT, in its sole discretion, determines to be the equal of that specified,

considering quality, workmanship, economy of operation, and suitability for the purpose

intended, shall be accepted. The offeror is responsible to clearly and specifically identify





April 12, 2017 – Page 20

the product being offered and to provide sufficient descriptive literature, catalog cuts and

technical detail to enable WT to determine if the product offered meets the requirements.

2. Automatic Fare Collection System Requirements

WT seeks a new AFC system that is based on open system architecture, modular, and

flexible to adapt to and accept any commonly used fare media, such as bills, coins, paper-

based tickets, smart cards, or other fare media over the service life of the system.

The AFC system shall be capable of meeting all current WT operational requirements,

number of bills handled, transactions, etc, as well as scaling to meet all future operational

requirements over the expected service life of the system. The AFC system must have a

minimum useful service life of twelve (12) years. Proposals shall address the useful life of

the system proposed.

a) General Requirements

The AFC shall address all phases of fare collection, validation, and processing. This

includes, but is not limited to:

(1) Farebox shall use standard generic fare mediums (available from multiple

vendors) that can be programmed or coded for multiple fare options. The farebox

must be able to read and write or update the medium based on its use. Recording

each transaction associated with the transaction amount, time and location of the

fare accepted as well as the type of fare used. The farebox shall be installed on

a bus, adjacent to the driver and in proximity of the front door. It shall be positioned

so that an entering passenger may easily insert the required fare into the farebox.

Any display for the farebox shall be positioned so as to be visible to the passenger

when entering the bus, and shall be able to display fare information and other

transaction data as determined by the transit property. Any Operator Control Unit

(OCU) will be complete with an easy to use display, installable anywhere within

the bus driver area, and enable the bus operator to monitor and control the

farebox and enter fare and ridership information as required by WT property.

(2) The farebox shall be designed for the highest degree of reliability. It shall

be capable of operating sixty (60) days mean time between failure. The farebox’s

electronic circuit boards, including electronic components, shall be capable of

operating an average of ten thousand (10,000) hours between failures. Failure

will be defined as: A cessation of function to the point where the equipment is

unable to function properly; when continued operation poses a threat to the

equipment, driver, passengers, garage personnel or others; or an occurrence

which does not cause the equipment to be inoperable, but requires some form of

maintenance attention to restore normal function beyond what can be provided

by the driver.





April 12, 2017 – Page 21

(3) Mean time to complete minor repairs to an inoperative farebox shall not

exceed five (5) minutes. Minor repair is defined as:the diagnosis, unobstructed

removal, and replacement of jammed currency or defective assemblies (such as

a coin mechanism, bill transport) in order to restore the farebox to working

condition. Repair of the defective assembly is not included in mean time of minor

repair.

(4) The farebox shall be of rigid stainless steel construction, and shall fit in the

area between the driver compartment and front door; and be fuly acccesseible,

comfortable for the driver and not obstruct the passenger path.

(5) The farebox coin acceptor shall electronically validate coins using

technology such as electronic field displacement to determine type and

denomination. The coin acceptor shall be software programmable to permit the

addition of new coin types as required. Invalid coins shall be returned to the

passenger.

(6) The bill acceptor shall electronically validate bills using optical and

magnetic identification technology, and shall be able to accurately and securely

distinguish valid bills by denomination. Invalid bills shall be returned to the

passenger.

(7) Fare Options, in addition to the base requirement shall be included but

should be listed and priced individually. If the option does not have the ability to

be listed individually, a separate proposal (in addition to the above proposal) can

be submitted.

(8) All costs should be listed including any necessary hardware or software

upgrades. Items that require a reoccurring cost (excluding physical fare cards)

should be noted and broken down by category.

(9) The cashbox shall store both coins and bills, and shall store bills tightly and

neatly stacked. The bill storage area in the cashbox shall be at the top so those

bills are held above and out of any moisture that may collect in the cashbox during

rainy or snowy conditions. Removal and replacement of the bill storage insert shall

require only a simple maintenance procedure.

(10) The cashbox shall be of molded polymer construction with stainless steel

reinforcement where required. Rough service shall not cause the cashbox

to become distorted or inoperable. A fully loaded cashbox, if dropped in the

upright position to a hard floor and landing on its bottom or bottom corner from a

height of 36 inches, will suffer no operational impediment or security breach. The

cashbox will not distort when filled to capacity.





April 12, 2017 – Page 22

(11) Each cashbox shall be delivered with a unique electronic ID that is readable

by the farebox and data transfer equipment. This ID shall also be printed on the

cashbox in text and bar code formats.

(12) The cashbox shall be designed so that it securely locks prior to being

removed from the farebox during revenue service. Access to the contents of the

cashbox shall only be possible using revenue keys that cannot be duplicated or

ordered except by those designated by WT. The cashbox shall be placed into a

receiving collection vault which shall automatically open the cashbox and empty

the contents therein.

b) Characteristics of New Automatic Fare Collection System

The services sought at this time are for those of a validating Automatic Fare Collection

system which will conform to the procedures for processing fare transactions and

collecting data. In addition, all proposed products and support or maintenance services

must conform to all applicable State and Federal statutes and regulations.

The farebox shall be capable of connecting to other devices over industry interfaces

including ticket processing units, smart card reader/writers, and other such devices as

designated by the transit property.

All software shall be delivered with a graphical user interface (GUI) conforming to industry

standards such as Microsoft Application Guidelines. All database interaction with the CHC

will conform to the ODBC standard. The CHC shall be delivered using a modern relational

database system with a preference Microsoft SQLserver.

The selected Contractor will:

(1) Furnish an AFC system on all fixed route buses for collection of fares,

validation of fare tickets, recording payment information, and collecting other

pertinent passenger data.

(2) Furnish an AFC system that includes any appropriate and necessary

central back office system consisting of computers, servers or software.

(3) Provide sufficient training, maintenance, spare equipment, test-bench

equipment, and customer support for the AFC system.

(4) Provide a system that produces user-defined reports relative to the number

of transactions related to operations.

(5) Provide an AFC system that can be cost-effectively extended and

integrated with Ticket Vending Machines for issuance of electronic and stored-

value fare media such as, but not limited to, paper validating cards and smart

cards.





April 12, 2017 – Page 23

c) Ridership

The new Automatic Fare Collection system must be capable of collecting the following

rider and fare information through an approved reporting system.

(1) Number of riders boarding transit vehicles on each route.

(2) Location where the fare was collected as identified by a pre-existing bus

stop ID (stop number).

(3) Payment method used (e.g. currency, paper ticket, smart card, etc.)

(4) Fare type of collected fares (e.g., Adult, Student, Senior, Disabled, etc.)

(5) Time, date, route number, and bus number.

d) Fare Types

The AFC system must support fare payment by the following methods:

(1) U.S. Cash and Coin Currency

(2) Period Passes (daily, weekly, multiple day, monthly and special event)

(3) Single Ride and Multi-Ride Tickets

(4) Stored-Value Cards

(5) Optional Pricing for Smart phone, QR code or other fare collection options

should be included in the proposal.

e) Cash Acceptance

(1) AFC cashboxes shall hold a minimum of 1000 coins and 500 bills.

(2) The AFC system shall be able to recognize, validate and differentiate all

U.S. coin and paper currency ($1,$5, $10, $20 dollar bills, 1¢, 5¢. 10¢,

25¢. All other foreign currency and/or foreign objects shall be rejected by the AFC

box.

(3) Bills shall be neatly and tightly stacked within the cashbox by the farebox

and shall be uniformly “faced.” Manual stacking and facing of bills in the money

room prior to counting shall not be necessary or required.

(4) The cash and currency handling mechanisms shall be capable of accepting

and accurately counting “street quality” coins and bills. The farebox shall be

resistant to malfunctions created by coins, bills, or foreign objects. The farebox





April 12, 2017 – Page 24

shall automatically monitor the level of bills and coins deposited in the cashbox,

and shall notify the operator when the cashbox reaches a user configurable

percentage of bill and/or coin capacity. When coin capacity reaches 100%, the

farebox shall notify the operator and automatically disable coin acceptance. After

coin acceptance is disabled, the farebox will reject all inserted coins and return

them to the passenger. When bill capacity reaches 100%, the farebox will notify

the operator and automatically cease accepting bills. The farebox passenger

display shall be configurable to automatically notify passengers when coin and/or

bill acceptance is turned off.

(5) The farebox shall have the capability of issuing a “change” ticket with a

balance of remaining money if the passenger overpaid.

f) Validating Farebox

The validating farebox shall accept, correctly identify and total valid U. S. bills and coins,

while rejecting and returning to the passenger torn, mutilated, wet, partial, and counterfeit

or foreign bills and coins. The farebox shall validate other fare media.

g) Smart Cards

(1) Proposers shall describe, in detail, the stored value card processing

capabilities of the proposed AFC system to include acceptance on smartcards for

fares and the capabilities of loading value onto cards.

(2) Contactless smart card reader shall be incorporated within the farebox.

h) Driver Override

Prior to the farebox entering revenue service, the operator shall be required to successfully

log on. Successful log on shall require a valid operator ID, and valid route / run / trip

information. Operator ID’s shall be securely maintained at the CHC, and shall be

downloaded to the farebox during data transfer. Route / run / trip validity information shall

also be maintained at the CHC, and shall be used by the farebox to insure that route / run

/ trip information is correctly and accurately entered by the operator during log on.

The farebox shall also support temporary (relief) operator log on, supervisor log on, and

manager log on. Non-revenue service log ons shall be possible for maintenance and

revenue technicians.

At a minimum, the following security levels shall be settable for operators:

(1) Normal operator;

(2) Supervisor;

(3) Manager;





April 12, 2017 – Page 25

(4) Maintenance technician;

(5) Revenue service technician.

The required security level for all farebox functions and commands shall be configurable.

Functions and commands requested from operators with insufficient security shall be

denied, and a transaction documenting this denial shall be recorded in the farebox

transactional data.

Drivers will retain final decision making authority over what constitutes an authorized fare

or transfer. Thermal printed or equivalent human-readable text is required to support this

operational policy for printable cards.

The farebox shall be capable of allowing the operator to bypass bill validation and shall

permit acceptance of a worn or mutilated bill that cannot be electronically validated by the

farebox that the operator, upon visual inspection, determines to be valid. The farebox shall

log the number of driver overrides for later reporting, analysis, and oversight.

i) Driver Work Environment

The new AFC should reduce the driver’s existing workload responsibilities and become a

labor-saving resource; not a technology that imposes additional demands upon already

scarce attention, as drivers are already responsible for interfacing with the public, safely

navigating the roadways, and managing the fare collection system.

The new AFC equipment must use the available space efficiently; provide ergonomically

supportive displays and interfaces.

The driver display and control unit must be well lit, glare-free, and easy to use. Adjustable

brightness and contrast are desirable features.

The rider display must be well-lit, glare-free, and fare collection interface(s) must be easy

to understand and use.

The AFC system shall provide visual and audio features to serve the abilities and needs

of all WT riders. The farebox shall be capable of sounding audible alerts of differing tones

or automated voice to indicate:

(1) Acceptance of Fare

(2) Rejection of Fare

(3) Successful Logon/Logoff

(4) Successful data extraction (probe)





April 12, 2017 – Page 26

j) Back Office System

The new AFC system shall include any appropriate and necessary central back office

computers, servers and software. The Back Office System shall meet the following

requirements:

(1) The AFC Back Office System must support data reporting, auditing, and

server capacity planning and have the ability to produce customized reports

based upon date, time, stop ID, route, and bus number.

(2) All workstations shall be comprised of the latest Commercial Off-The-Shelf

(COTS) software and technology, utilizing the most suitable hardware and

software to meet or exceed the requirements of this Scope of Work.

(3) System shall run on an industry standard virtualization platform and shall

run an industry standard server operating system. The City's current standard for

server is Windows SQL Server 2012 or newer operating system running on

VMware vSphere virtualization platform.

(4) System shall be programmed in an industry standard language.

(5) System shall use an industry standard database.

(a) The City standard for Database Management Systems is Microsoft

SQL Server , however other DBMS systems are acceptable if an interface

is provided to allow querying of data.

(b) The City standard for vendor databases is they co-exist on an

existing SQL Server Instance reserved for Vendor software systems. A

standalone instance dedicated to the database is acceptable however.

(6) System shall be configured to support a network connection of at least 1-

Gigabit per second.

(7) The Back Office System shall employ data reporting capabilities that allow

authorized WT employees to access, filter and create reports from data received

from the new AFC system. The reporting tool shall allow both canned and ad-hoc

reports to be created.

Canned reports shall include:

(a) Ridership and Sales/Financial Reports

(b) Number and denomination of coins accepted by each Farebox

(c) Number and denomination of bills accepted by each Farebox





April 12, 2017 – Page 27

(d) Name and other pertinent data of Magnetic Stripe Cards, Smart

Cards, Passes, etc.

(e) Ridership categories processed by each farebox

(f) Partial payments accepted by vehicle operator.

(g) Employee Performance and Equipment/System Reliability Reports

(h) Login report by farebox number and date/time

(i) Farebox service history. The farebox shall provide adequate data

storage capacity to accurately and securely store a minimum of thirty

(30)days of transactional data. When the capacity of the farebox data

storage is reached, the farebox shall suspend normal service and indicate

that data probing is required.

(j) The farebox shall monitor and record each instance of the primary

power source dropping to zero (0).

(k) Transactional data shall be communicated to the GRS when data

is probed. After successful data probing, the farebox shall continue to retain

the transactional data until such time as the GRS directs that the data can

be deleted from the farebox.

(l) Farebox life cycle history. As part of the revenue service process,

and prior to the removal of the cashbox, the farebox shall connect to the

GRS for the secure probing of revenue and transactional information.

Connection to the GRS shall use high speed, infrared (IR) secure

communications based upon the IrDA hardware standard.

(m) After revenue and transactional information is transferred to the

GRS, any control or configuration information required will be downloaded

from the GRS to the farebox. Upon successful completion of all data

transfer with the GRS, the farebox will automatically open the revenue door

if revenue thresholds have been met, permitting removal of the cashbox.

(n) The farebox date and time shall be synchronized with the GRS

upon every successful connection. The GRS shall be capable of

downloading over the IR connection to the farebox complete new farebox

software in less than six (6) seconds.

(o) The farebox will securely and accurately record all transactional

information, including sales data, operational errors, exception conditions,





April 12, 2017 – Page 28

ridership information, and operator commands. At a minimum, the farebox

will record a complete transaction on the following events:

All payment transactions;

All ridership registration transactions;

All operator commands;

Farebox power off;

Farebox power on;

Operator log off;

Operator log on;

Secure jam clearance door closed;

Secure jam clearance door opened;

Successful data probe of transactional data;

Unsuccessful data probe of transactional data;

Successful download of farebox configuration data;

Unsuccessful download of farebox configuration data;

Revenue door opened (at times other than revenue service after successful data probing);

Revenue door closed;

Cashbox removed;

Cashbox inserted;

Farebox errors and failures;

Security errors and intrusions;

Coin jams;

Clearance of coin jams;

Bill jams;

Clearance of bill jams;

New fare table selected.

In addition to transactional data, the farebox shall maintain running counts by operator

shift of other items such as total number of coins rejected, total number of bills rejected,

etc. Under no circumstances shall the farebox discard detail data or substitute summary

data, except as configured by the transit property. All transaction and revenue data shall

be date and time stamped to the highest resolution of the available clock.

(8) All software including but not limited to, operating systems, reporting tools,

development tools, database management systems, and ancillary off-the-shelf

applications shall consist of the latest and most appropriate products and

versions as approved by WT personnel. All purchased or delivered software will

be the most current version and will be upgraded, patched or have the most

current manufacture’s service packs applied at time of installation.





April 12, 2017 – Page 29

k) Cash Handling Security and Auditing

The farebox and fare collection system shall be designed in a manner that establishes a

direct audit trail between revenue deposited into a farebox (registered revenue) and

revenue counted in the money room (deposited revenue).

(1) While in revenue service, the farebox will be capable of continuously and

automatically accepting and validating all coins, bills, cards, and other acceptable

fare media presented for payment. Coins and bills that are successfully validated

will be deposited into the cashbox, and their value will be added to the ‘payments

received’ display on the OCU and on the passenger display.

(2) The value of all coins, and bills accepted by the farebox will be added to

the ‘payments received’ display and will be considered ‘unallocated revenue’ until

either:

(3) The operator presses a ridership registration command (i.e., ‘full adult fare,’

‘student fare,’ etc.) allocating the revenue to a particular fare; or a configurable

timeout period expires and the farebox automatically allocates the revenue to the

default fare.

(4) The farebox shall record all monies presented as payment, including:

(a) Date and time of payment (to the highest resolution of the

embedded clock);

(b) Number and denomination of coins validated and accepted as

payment;

(c) Number and denomination of bills validated and accepted as

payment;

(d) Number of coins rejected and returned to passenger and date and

time of rejection;

(e) Number of bills rejected and returned to passenger and date and

time of rejection.

(5) The fare receiving and processing unit shall conduct currency vault

receiving, farebox data retrieval, farebox programming, and cash processing

functions.

(6) In addition to recording cash amounts, the receiver device shall record bus

identification as well as date/time cash vault was emptied.





April 12, 2017 – Page 30

(7) Cash vault shall securely empty cash boxes removed from buses and

deposit the cash in the vault.

(8) The AFC shall be designed such that the receiver shall be able to process

one cash vault every two minutes.

l) Statistical Reporting and Analysis

Fare transaction records shall include the following minimum information:

(1) The farebox shall allow up to twenty (20) fare tables to be available for

selection either automatically based upon route / run / trip information, or by

operator command. The fare sets available for operator selection can also be

restricted by route / run / trip information. Each fare table will allow up to one-

hundred (100) different fare categories to be registered by the operator.

(2) Fare tables will provide, at a minimum, the following information:

(a) Default fare for automatic fare information;

(b) Time / day validity (so that fare sets can be restricted by time of day

and/or day of the week);

(c) Route / run / trip validity.

(3) The fare categories available for selection within a fare table shall be

configurable. Fare categories shall be assignable to any OCU soft key to permit

rapid selection by the operator. At a minimum, each fare category within a fare

table will define the following information:

(a) Name (e.g., ‘adult full fare,’ ‘student fare,’ etc.);

(b) Fare payment type (e.g., ‘cash fare,’ ‘flash pass,’ ‘register only – no

payment,’ etc.);

(c) Fare amount.

(d) Day/date/time/location of payment

(e) Number and denomination of coins accepted

(f) Number and denomination of bills accepted

(g) Denomination and other pertinent data of Validating Paper Cards,

Smart Cards, etc.





April 12, 2017 – Page 31

(4) Ridership categories. The farebox shall permit the operator to enter fare

ridership information through the OCU, and shall match such ridership information

to payments where possible. Ridership information can be selected by the

operator by entering the command with the OCU, or by pressing the OCU ‘soft

key’ that has been assigned to the fare category.

(5) The ridership registration shall be recorded in a manner that will permit the

matching of ridership information with payment information.

(6) Partial payments accepted by vehicle operator.

(7) All fareboxes shall be delivered with a route / run segmenter. The route /

run segmenter shall permit the operator to indicate when a route / run segment

has completed, and a new segment has begun. A record shall be recorded in the

transactional data indicating the segment change, data and time of segment

change, etc.

(8) There shall be no limitation on the number of segments possible for a route

/ run.

(9) The farebox will securely and accurately record all transactional

information, including sales data, operational errors, and exception conditions,

ridership information and operator commands.

m) Training Requirements

(1) The successful Contractor shall supply training to all designated WT

personnel who will be responsible for operating the AFC equipment and training

additional users in the proper operations and maintenance of the AFC equipment.

Said training shall be conducted at the designated WT facilities to include on-the-

job training using operational equipment.

(2) A demo fare box system for the operators, placed in the drivers lounge for

a period of one month prior to launch. The demo system will mimic the installed

turnkey fare box as it would function on the road.

(3) Training for staff responsible for pulling data and reports will be supplied

along with point of sale training for in person, over the phone, and online sales.

Training should be on site prior to the launch.

(4) Appropriate literature to be provided at the same time describing the basic

operations of the system.

(5) Training deliverables shall consist of the following:





April 12, 2017 – Page 32

(a) Training Program Plan

(b) Training Schedule

(c) Training Material

(d) Demo Farebox one month prior to installation

(e) Training Feedback Report

The Contractor shall furnish WT with Operation and Maintenance Manuals in accordance

with this section. Manuals shall cover all aspects of the furnished equipment. Each manual

shall contain a complete description of the equipment including operation, service and

maintenance documentation, such that the WT skilled maintenance staff may conduct field

and shop repairs with minimal reliance upon factory maintenance technicians.

All submittals shall include a training schedule for maintenance, operation, and training of

finance/reporting personnel. The schedule shall include the training curriculum, material

and estimated training time per department.

3. Warranty, Maintenance and Spare Parts

a) Warranty

(1) Provide minimum two (2) year warranty for the AFC system, including fare

collection boxes, spares, test-bench equipment, and any related equipment

subsequently acquired as a direct result of this procurement. The warranty shall

begin upon system acceptance of the system, with the option to purchase an

extended warranty, if available.

(2) Elaborate on the warranty of the system. Is there a requirement to use

proprietary parts for any part of the system in order to maintain the warranty? If

so, explain.

(3) Equipment that is warranty repaired, or replaced should have a return time

no later than 7 days for stock parts with overnight capabilities for emergencies.

b) Maintenance Requirements

(1) After installation and acceptance of the new AFC system, it is anticipated

that WT’s maintenance program will cover 95% of AFC system repairs by utilizing

WT in-house maintenance staff.





April 12, 2017 – Page 33

(2) WT strongly prefers to achieve lower turn-around time and the cost

reductions associated with in-house repairs of coin boxes, farebox components,

cash boxes, batteries, LED's, etc. Any commonly replaceable or repairable

component should be readily repairable, in-house, with sufficient spares

maintained to enable WT to reach its maintenance goals.

(3) WT’s maintenance team also requires timely transparency into repair

processes at the component level, including thermal printers, computerized

components, software, etc., so that organizational knowledge and expertise may

be rapidly established and maintained over the entire service life of the AFC

system.

(4) Proposed AFC systems will also be assessed with respect to remote and

field diagnostic capabilities. The more information that maintenance can gather,

with advance notice about potential problems, the more effective maintenance

can be in keeping the buses running on schedule.

(5) Self-Diagnostics:

(a) Self-diagnostics shall be employed to the maximum extent possible

to assure the highest possible availability. Self-diagnostic programs shall

be provided for the AFC units. If problems are identified by the self-

diagnostics, it is highly desirable that the AFC shall automatically alert the

user of the problems without immediately interrupting or preventing

operations.

(b) A self-diagnosing farebox is preferable. For the purposes of this

procurement, self-diagnosing means the ability of the system to report

errors and alert users of the AFC system in a manner that allows WT

personnel to make early, accurate, and informed decisions as to the

serviceability of any farebox. It is highly desirable for a state- of-the-art

system to predict or anticipate AFC failures and refer to maintenance prior

to loss of service, if available.

(c) An AFC system that enables the operator to defer service or repair

of a malfunctioning farebox to at least the end of the scheduled route is

also desirable. Deferred servicing means that buses can keep running and

reliably collecting fares until it is convenient for maintenance to schedule

diagnosis and repair of a farebox.

(6) All fareboxes shall operate off of the DC current available on vehicles.

(7) Test Bench:





April 12, 2017 – Page 34

(a) Appropriate test bench equipment shall be provided in order to

maximize effectiveness and efficiency of the maintenance program. The

test bench equipment shall be sufficient to conduct comprehensive in-

house testing, service validation, and repair over the entire service life of

the AFC equipment.

(b) Contractor shall supply any specialized test equipment or tools that

may be required to properly maintain or repair the AFC system. Both

portable test equipment and shop test equipment shall be provided. By

means of this test equipment, verifying the proper operation of all sub-

system components shall be possible with a level of accuracy and

completeness identical to the criteria used during manufacturing and

acceptance tests.

(c) Contractor shall provide maintenance test bench to allow testing of

all farebox components, including complete farebox wiring harnesses, plug

in receptacles for all modules, including the coin mechanism, bill transport,

Paper Card Reader, Smart Card reader or any other reader as well as all

circuit boards, lights and diagnostics.

(d) Contractor shall provide test bench containing all provisions

necessary to communicate with the back-office computer and simulate the

AFC installed in the field and shall be used to troubleshoot integral machine

faults in a controlled environment and to test AFC modifications prior to full

implementation of such modifications.

c) Spare Parts

(1) The AFC system provider shall include sufficient spare system units and

replaceable components to ensure 99% availability of automatic fare collection

parts. Additionally, the Contractor shall disclose component-level service life

expectancies for spare-parts planning and budgeting requirements.

(2) To the extent possible, replacement parts shall be modular and resilient so

that WT may conduct low-level field repairs on route, in the field. Minimum open

exposure of sensitive electronics.

(3) Initial stock of spare modules and parts should be new and manufactured

to the specifications of the original parts in the delivered fareboxes. Contractor

shall supply a complete parts and modules list, together with prices, part numbers,

and descriptions for all modules.

(4) Equipment ordered for spare parts or repair should have a return time no

later than 7 days for stock parts with overnight capabilities for emergencies.





April 12, 2017 – Page 35

(5) A comprehensive list of AFC consumables, including prices, shall be

provided to WT. If the AFC system proves less reliable than represented during

this procurement and if the need for spare components exceeds the Contractor's

projections, then the Contractor shall supply such unanticipated parts at no

additional cost to WT.

(6) Elaborate on whether or not parts and equipment offered are industry

standard parts available on the open market or proprietary parts available only

from the manufacturer or the manufacturer’s distributors.

4. Implementation and Acceptance

a) Vehicle Installation

(1) The successful Contractor shall supply all of the labor, equipment, tools,

materials, supervision, etc. as required for the proper installation of fareboxes.

(2) All installation shall be performed at WT facilities. The Contractor shall

assist WT in identifying the optimum position for the farebox and its components,

taking into consideration:

(a) Ease of passenger movement/access

(b) Operator ergonomics

(c) Compliance with the requirements of the ADA

(3) Existing bolt holes, harnesses, brackets, and fixtures shall be used when

possible.

(4) Where new installation exposes old bolt holes or other damage, the

Contractor shall provide necessary repairs to restore all surfaces to an acceptable

condition.

(5) All on-bus installations shall be completed during a nine (9) day period

including two (2) weekends.

b) Fixed Facility Installation

(1) The Contractor shall install garage and back-office data collection

equipment and reporting components including any network interfaces,

computers, conduit, and wiring at least one month in advance of bus installations

to correspond with Driver Demo.

(2) The Contractor shall use existing AC electrical power on properties where

installation occurs. If it is determined that existing power arrangements are





April 12, 2017 – Page 36

unsatisfactory, the successful Contractor will be responsible for providing the

proper electrical service in accordance with all state and local regulations.

Required alterations to AC electrical systems on garage facilities will be at the

Contractor’s expense. All such alterations shall be subject to WT approval, prior

to commencement of work on any alterations.

(3) The Contractor shall install revenue collection and transfer equipment.

(4) The Contractor shall be responsible for any electrical infrastructure

required to conduct the installation work, including wireless data transfer. Any

outside cable and power supply cabling is to be installed in underground conduit

(existing conduit may be used if available). Plans for such work must be approved

by WT and meet all requirements of applicable state and local building codes.

(5) Prior to preliminary design, the Contractor shall inspect all sites where the

AFC equipment is to be installed and determine if the existing conduits and related

facilities can be utilized.

c) System Acceptance Plan:

A System acceptance plan is outlined below which is based on final acceptance of the

entire System.

(1) The successful Offerors proposed System will be accepted by the City only

after full integration testing has been completed, the software is installed in the

City’s production environment, the City’s existing production data is converted to

the new format (should the City decide to convert its current data), the System is

fully implemented and operational, and the following items are satisfied:

(a) The acceptance period will consist of a minimum of thirty (30)

consecutive calendar days, twenty-four (24) hours per day, and will begin

at 8:00 a.m. on the first workday following “go live” of the new System.

(b) During the acceptance period, the System must remain fully

operational, must operate without failure, must operate in conformance with

the City’s functional business requirements, and must operate with

response times acceptable to the City.

(c) If the System fails to meet any of the criteria above, the City shall

notify the offeror of such failure, and the acceptance period starts over at

8:00 a.m. on the first workday following the correction and completion of

testing of the failure.

(d) The City will notify Offeror in writing of the acceptance of the System

if:





April 12, 2017 – Page 37

The performance standard is attained for the duration of

the acceptance period;

All training has been completed;

All documentation and other deliverables have been

received.

d) GO LIVE

(1) The contractor shall provide the necessary support to target a “Go-Live”

date of October 29, 2017.

(2) All proposals shall include an installation schedule that includes production,

delivery, installation and project completion date which shall be commensurate

with WT’s required schedule.



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III Proposer Response



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A. Introduction

While Section I of this RFP establishes the basic content and rules of preparation of the Proposer’s response, this section specifies the format of the RFP response.

ALL RESPONSES MUST INCLUDE ALL SECTIONS AND BE SUBMITTED WITH ALL COMPLETED FORMS REQUIRED BY THIS RFP. FAILURE TO FULLY AND ACCURATELY COMPLETE THE REQUIRED FORMS MAY RESULT IN REJECTION OF A PROPOSAL.

Checklist— provides a checklist of materials requested to be supplied by the Proposer(s).

Proposer and Subcontractor Information — requests specific information about each Proposer who is a party to the proposal. A separate questionnaire should be completed for each Proposer.

Proposer Experience and Resources – requests specific information about the Proposer’s experience, financial stability, and resources.

Proposal/Contract Information — requires additional information regarding the proposal and identifies certain contractual provisions, which the City requires with the successful Proposer.

Proposers Hardware and Software Requirements

o Proposed Solution Architecture — requires a detailed description of the overall proposed solution architecture description including all hardware and software components.

o Related Hardware and System Software — proposed hardware and related equipment necessary to operate the system. Includes proposed system software.

o Application Software — requests specific information about the proposed application software.

Customer Support and Warranty/Maintenance — requests specific information related to customer support & warranty and maintenance services including a matrix to be completed describing all proposed warranty/maintenance services for the application software and hardware. A separate matrix must be completed for each Proposer providing warranty and maintenance services.

Training & Documentation — requests specific information about the Proposer’s training services to be provided, proposed approach, and all documentation (application, system, hardware, etc.) either provided or available internally and externally to the proposed solution.

Implementation and Project Management — requests specific information about the plan for Business Process Reengineering, project management, and conversion of existing data for the proposed solution.

Proposed Statement of Work — requests a proposed Statement of Work, with specific information, for the proposed solution.



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Additional Proposer responses are required for Section IV. Costs, which contains forms for the Proposers to supply all costs associated with the proposal. The final pages contain a summary of one-time and recurring costs that are detailed in the remainder of the section.

B. Checklist

The following checklist has been included to ensure Proposer compliance to the required RFP responses. Please indicate whether each item specified is included in your response and cross-reference to the page where the item is located.

Item Included

Y/N

Proposer Proposal Page

Reference

Audited Financial Statements

Reference List

Documentation Table of Contents

Implementation and Training Plan/Schedule

Migration Plan

Resumes

Task/Hours Schedule

Outlines for Training Course(s)

Section III Proposer Response of this RFP

Section IV Costs of this RFP

Any exceptions to the City’s IT Technology Agreement in Appendix A

If any of the requested items are not included, please explain the reason. Proposals may be rejected if any requested item is not completed and submitted.



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C. Proposer and Subcontractor Information

This section must be completed for each Proposer and all subcontractors included in the proposal.

Proposer or Subcontractor:

Company Name

Local Address

Headquarters Address

Company Web-site Address

List of all products or services to be provided.

Contact Representative(s)

Name Title Telephone and Email

Address

Company Information:

How many years has the company actively provided comparable e-government systems and solutions to state and local government?

Which office will serve the City of Wichita?

How many years has the office, which will service the City, been operational?

How many employees does the company have?

Nationwide

Personnel in State and Local Government Services

Office serving City

Support personnel in office serving City

D. Proposer Experience and Resources

Provide a reference list for the three (3) most similar sites which use this equipment, hardware configurations and software applications proposed. Specify sites in which subcontractor applications included in this proposal are currently interfaced or integrated with the prime solution. Include the following:

Name, Address, Contact, Title, Phone Number, and Email.

Approx. Number of Employees/Operating Budget/ Population of Jurisdiction.

Operational Applications (Product Name & Version Number/Install Date).

Type of System Installed (Hardware, DBMS, OS).



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Existing interfaces with other applications in this proposal (Y/N).

Contract Amount in total dollars for implementation of the proposed solution.

Final actual cost for the implementation of the proposed solution.

Scheduled Start and End Dates of the Implementation.

Actual Start and End Dates of the Implementation.

What was the Proposer’s annual gross revenue and net profit as a percent of sales for the previous three (3) fiscal years?

Proposer: Annual Gross

Net Profit as a Percent of

Sales

Fiscal year 2016 $ %

2015

2014

Provide a copy of the company’s last two years financial statements). Indicate attachment name/number. The financial statements for the Prime Proposer shall include the Balance Sheet, Income Statement, Statement of Consolidated Income, Statement of Changes to Cash Flows, and Changes to Shareholder Equity.

Provide at least one bank reference.

Bank Name

Contact

Address

Phone

Provide Dun & Bradstreet Number

Attach resumes showing professional experience and educational qualifications of personnel that will be assigned directly to the project team. Indicate the experience, in years, with state and local e-government system and services implementation and project references.

E. Proposal/Contract Information

Who is the authorized negotiator for the Proposer?

Name / Title

Company (if other than that of the Proposer)

Telephone

E-mail Address

Will your proposal be valid at least 180 days from the date of submittal of your proposal to the City?

Specific items required in the contract include the following. Any exceptions taken must be documented in the Exceptions section (Section IV.E.) of the proposal.



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The City shall require the Proposer to certify the following:

o No Lobbying and Influencing Federal and/or City Employees or City Council Members

No Federal or locally appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, an officer or employee or City Council member of the City of Wichita, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant.

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 any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities in accordance with its instruction.

o Conflict of Interest

The Proposer certifies that no member, officer, employee, agent, or City Council member of the City of Wichita member exercising any functions or responsibilities with respect to the program outlined in this contract shall have any personal financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Proposer shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purposes of this section. The Proposer shall use due diligence to ensure employees, Board members, family members and officers do not participate in contracts receiving funds pursuant to this agreement.

Do you accept a payment schedule with at least 25% holdback of the total contract compensation until final acceptance by the City?

The City requires a ninety (90) day Acceptance testing period from the date the system is fully operational. Do you agree to a ninety (90) day Acceptance testing period?

Please note any exceptions taken to the RFP and/or the City’s IT Technology Agreement, Appendix A. All exceptions must be documented showing them to have been timely raised, regardless of whether referred to elsewhere in your proposal.

F. Proposers Hardware and Software Requirements

1. Proposed Solution Architecture Provide a detailed description, and attach appropriate diagrams, of the overall proposed solution architecture that clearly illustrates and addresses the following:

All proposed hardware (e.g., servers, end user devices, peripherals, etc.).

All software (e.g., application software, RDBMS, client software, etc.) components (including other Proposer or third party applications) and their interrelationships.

Recommended configurations for e-government systems and services.



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Security features and configurations required for e-government systems and services (i.e., firewalls, DMZ, etc.).

Describe the methodology to be used in measuring application availability.

Describe the methodology used to monitor application response time, under what conditions the stated response times will or will not be met, and the remedies for the City if they are not met. Also specify the minimum system configuration (processor, workstation, etc.) you require to meet acceptable response times.

Describe your approach to archiving and/or maintaining online up to 5 years of information.

Are you offering Application Service Provider (ASP) or SaaS services as an alternative solution? If so, please provide a description of these services and a description of how an ASP or SaaS services would be implemented given the information provided in this RFP. Include any factors that would limit the City’s ability to operate via an ASP/SaaS alternative. Also include all costs associated with your proposed ASP/SaaS offering in Section V. Costs.

2. Related Hardware and System Software

This section pertains to the procurement of the proposed Computerized Maintenance Management System central processor(s), new peripheral devices and requisite system software as required based on the selected Proposer’s approach. Proposers must recommend the central processors and related peripherals (e.g. system printers, tape drives/optical disk, cash drawers, cash registers, special printers, bar code readers, system software SAN (Storage Area Network) and/or client/server software) necessary for the normal operation of the proposed system(s). The City is responsible for the local area network and cabling. Proposers should review Section II, and specify whether the existing City servers and end-user hardware and peripherals are compatible and can be used with the proposed system.

The major hardware components for CPU, disk, etc., are to be specified by the Proposer including, but not limited to, recommended manufacture, model, description, and proposed specification. The City requires that all hardware specifications be fully compatible and proven with the proposed solution.

The City requires that system software is considered state-of-the-art technology and represents the most current version in production at the time of installation.

List all system software proposed or available with the system. Include all system software necessary to operate the proposed hardware components. Indicate by a letter code "I" if the software is included in this proposal, or letter code "O" if optional with this system. For those coded "I" or “Included”, all costs should be identified in the Proposer’s Cost Proposal (Section V. Costs).

Respond to the following questions or requests regarding functionality and features of the proposed system.

a. To what level of access can the system be restricted?

Functional User Groups ................................................................. Y / N

Application/Menu Item .................................................................... Y / N



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Transaction/function type (e.g. inquiry, update) .............................. Y / N

Each data field ............................................................................... Y / N

b. Is the above security implemented by means of the operating system, DBMS, or in the application programs? Explain.

c. Does the system log transactions by:

Terminal ID / IP Address ................................................................ Y / N

User ID .......................................................................................... Y / N

Dept. ID ......................................................................................... Y / N

Other (Explain) ............................................................................... Y / N

d. What are the system’s capabilities to detect and log unauthorized access attempts?

e. Describe security and control features that will prevent unauthorized access to the system.

f. What data is encrypted in the proposed solution and to what level / standard?

g. What systems are used within the proposed solution to accept cardholder data?

h. How is sensitive data (e.g. credit card, SSN, etc.) data stored and access to such data controlled?

i. If required during a batch processing procedure, system restart should not necessitate beginning the entire batch run again. Specifically discuss system restart in this context and describe system integrity features that will prevent data or control problems during system failure/restart procedures.

j. Describe system’s ability to queue jobs for unattended processing.

k. Are all system functions (inquiry and update) available during backup? Explain.

l. Fully describe the backup approach including Proposer recommendations, and explain any restrictions on access or system functions during this process.

m. Describe all disaster and data recovery capabilities available in the proposed solution.

n. Describe all circumstances under which the system is unavailable to users.

o. Describe all networking requirements including those required services or processes requiring access via specific ports as well as all firewall, routing and switching considerations as associated with the proposed solution.

p. Describe your approach and implementation experience with Storage Area Networks (SANs). Please describe in your response any SAN equipment needed specifically for the proposed solution; recommended replication method; back-up storage array type; and TCP offload engines for moving TCP/IP and load balancing.

q. If applicable provide a proposed SAN configuration and related services including, but not limited to, storage hardware (e.g. capacity/RAID level), storage software, storage networking components, and SAN implementation Services.

r.



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3. Application Software

The City requires that the Proposer identify the application packages proposed. The Proposer should provide the following information for each application:

a. Describe the features of all proposed applications in the proposed solution that support functions for e-government (e.g., Procurement, Billing, Self-Service, etc.). Also include a brief description of sites where these features have been implemented and are currently in use.

b. What approach will the Proposer take in order to determine the modifications necessary to its standard packages to meet the requirements of the City? Describe how any required customization would be handled.

c. Are software fixes found at other sites provided to the City at no charge?

d. Describe the tasks required for the City following a new release/major redesign of an

application.

e. Describe the upgrade installation process including City staff roles and typical timelines.

f. Describe your policy for installing new releases.

Frequency (Include currently planned schedule for new releases).

Are upgrades/new releases included in maintenance costs?

Is conversion assistance provided? Describe approach and any additional costs.

Is new documentation supplied with the release?

Describe approach to and any related additional training costs for new releases.

Describe approach for providing release installation assistance and any additional costs.

g. How long is maintenance continued for an old release? (Months)

h. How will the City be notified of new system releases and updates?

i. Is there a regional user group? If so, please provide contact information for information and reference.

j. Describe what type of system modifications or configuration items can be performed without affecting system source code. Are system modifications maintained after an upgrade?

k. Describe the proposed solutions capabilities for the following:

Interoperability with third-party applications (including, at minimum, MS Excel, MS SQL, MySQL, Oracle, other).

Ability to integrate third party applications into the menu structure.

Ability for user to customize forms and menus.

Graphical user interface capabilities.

Ability to customize bill print data files and forms



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Ability to develop, maintain, and manage automated Workflow processes including reassignment activities and actions

Ability to integrate or interface a Mobile Dispatch or Electronic Service Ordering solution. (If your solution does not have an integrated process, please identify any third party applications you successfully interface with. Include the third party company name and their specifications/requirements)

l. Is the application 32, 64, or 128-bit?

m. Does the proposed DBMS provide SQL capabilities? ..................................... Y / N

n. Is the DBMS ODBC compliant? ....................................................................... Y / N

o. Does the DBMS provide a data dictionary that is integrated with all tools supplied for application development and ad hoc database access? .................................. Y / N

p. Does the DBMS provide its own scripting language? ....................................... Y / N

q. Does the DBMS support a Microsoft Windows interface? ................................ Y / N

r. Does the DBMS include a fourth generation language? ................................... Y / N

s. Does the DBMS include an activity-monitoring feature to maintain statistics on performance, disk I/O, index usage/non-usage, etc.? ...................................... Y / N

t. Does the DBMS include record locking techniques for concurrence control? ... Y / N

u. Does it provide the capability to selectively journal any or all database transactions to an audit trail file? ............................................................................................. Y / N

v. What specific capabilities for user modifications are provided under a run-time license? ........................................................................................................................ Y / N

G. Customer Support & Warranty/Maintenance

1. Proposed Services - Complete the warranty and maintenance matrix below based on the proposed approach. For services proposed within the matrix include all costs in the Section V. Costs of this RFP as appropriate.

Complete one (1) matrix per Proposer or other hardware/software company offering warranty/maintenance services.

Proposer or Other Company Name: _______________________

Response (Application

Software)

Response (Hardware)

What is the length of the warranty (months)?

Does warranty begin from installation or acceptance?



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Proposer or Other Company Name: _______________________

Response (Application

Software)

Response (Hardware)

What are the hours of warranty coverage (e.g., Mon-Fri 7:30 a.m.—5:30 p.m.)?

What are the hours of maintenance coverage (after the warranty expires)?

Warranty/Maintenance Services:

Telephone Support (Y/N)?

Normal hours of telephone support operations (Central time)?

Extended hours of telephone support operations (Central time)?

Toll Free “800” number (Y/N)?

Remote dial-up/Internet software diagnostics (Y/N)?

Remote dial-up/Internet software updates (Y/N)?

Updates and enhancements included (Y/N)?

How often are enhancements provided?

User group membership (Y/N)?

Newsletter (Y/N)?

Service/support response time (hours)

Via telephone/modem

- Average

- Guaranteed

On-site

- Average

- Guaranteed

2. Further describe your proposed customer service & warranty/maintenance services.

3. Will you guarantee a fixed maintenance cost for the software and any configuration changes? If so, indicate number of years.

4. List any exceptions or limitations to your proposed warranty/maintenance services for the software as indicated within the matrix.

5. List additional services provided for at no additional cost to the City.

6. Describe available services/programs in addition to those proposed within the matrix. Also include associated costs as appropriate:



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7. Is the warranty and maintenance for system software different from hardware? (Y/N) If so, explain.

8. Describe the service coverage provided under the warranty period.

9. Describe the level of service and responsiveness that the Proposer commits to providing the City.

10. Describe the qualifications, experience, and technical expertise of the Proposer’s Customer Support staff.

H. Training & Documentation

1. The City expects all training to be relevant specifically to government and to be modified to include BPR, quality control, best practices and agreed upon standard operating procedures. All users are expected to be thoroughly trained, certified and evaluated to accomplish specific job duties and to have substantial knowledge and skills to operate and maintain the proposed solution. All classes should have agreed upon curriculum with assessment tests, hands-on-exercises to be provided before, during and after all said classes including suggested follow-up materials and CBTs. Materials developed in this process will be maintained by the Proposer and provided in full to the City with customizations for exercises, testing, online help and follow-up material. Areas of training to be developed in conjunction with the project plan should include but not be limited to:

Pre-Implementation: Computerized Maintenance Management System technical training

Pre-Installation: User training per module

Implementation: Helpdesk, online help customization, On-the-job (floor) training

Post-Implementation: Refresher and cross-over training.

2. Describe how your proposed training and implementation services will meet these objectives.

3. Describe your training approach/methodology.

4. Provide any pertinent details, limitations, exceptions concerning the services offered for training.

5. Attach and clearly identify a list or catalog of optional classes or training available but not included in this proposal.

6. Identify and describe your online training courses and online evaluation tests provided.

7. Identify your customized training for government entities and your approach to customized training needs identified in the business process reengineering activities during implementation.

8. Do you provide maintenance of training materials and curriculum online?

9. What additional training may be provided?

10. What additional training is offered post-implementation?

11. What cut-over training services will be provided per application module?



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12. What are the Knowledge Management capabilities of your software?

13. Describe each Training Service offered; total hours to be provided for each, allowed number of attendees, and the associated cost for each service.

14. Describe the type of documentation that will be provided.

15. How many copies of the documentation are provided?

16. Is the user permitted to make unlimited copies of the documentation for internal use?

17. Indicate documentation to be provided and number of copies.

Type (i.e., hardcopy/CD)

and No. of Copies Comments

Hardware (for each type)

Operating Instructions and Procedures

Trouble-shooting

System and Software Administration

Backup/Recovery

Security

Utility Usage

Other

18. Is the application software documentation available electronically, and if so, in what

format?

19. Are on-line documentation and help functions available?

Context (field specific) ......................................................................... Y / N

Screen specific .................................................................................... Y / N

Function specific .................................................................................. Y / N

Supplied with system ........................................................................... Y / N

User defined and maintained ............................................................... Y / N

20. Attach the published technical brochures for all recommended hardware, peripherals and proposed system software (including speed, capacities, transfer rates, access times, etc.).

I. Implementation and Project Management

1. The City requires that the prime Proposer take responsibility for providing implementation and services. The selected Proposer will be required to work directly with the City’s Project Manager to create and continuously update project schedules using Microsoft Project 2013 for the purpose of resources and reporting.

2. Attach a recommended implementation schedule that includes all proposed applications. Provide dates of expected equipment installation, City responsibilities, and timeframes. The schedule should be based upon the number of months after contract signing and



Proper Response


April 12, 2017 – Page 51

should represent “not to exceed” or guaranteed completion dates. Any dependencies and contingencies, such as tasks requiring City effort, should be identified.

3. Business Process Reengineering (BPR) — Provide a detailed description of your proposed approach to BPR during a discovery phase to be accomplished prior to the commencement of the implementation phase. Identify the Proposers BPR or subcontractor staff including a description of their experience. Costs associated with BPR services shall be included in the cost proposal. Include a description of the City’s responsibilities during these efforts.

4. Conversion — Where appropriate, the City may be interested in converting existing data files to the new system. The City will assist the selected Proposer in identifying the files, automated links and key fields associated with the files to be converted. The City will also provide these files in a format, agreed to by the Contractor and the City, for Proposer conversion. The Proposer must convert said data to match requirements for use within the proposed system.

Provide all associated conversion costs in “Other Costs” portion of Section V, Costs of this document. Describe your approach to handling these conversions including formats and all other expectations.

5. Provide a list of the names, positions, onsite hours per month and duration of assignment for each of your personnel that may be assigned to the project.

6. Describe each City project team member required to assist in the implementation of the proposed system. Include team role, number of people assigned to role type, a brief description of tasks, estimated number of staff hours per role per month, and duration of total time required during the project implementation.

7. Provide a recommended staffing level of City staff required for the successful and on-going use, support, and maintenance of the proposed system including role, minimum level of experience level for each role type, number of people assigned to each role type, a brief description of tasks and skills required, and an estimated number of staff hours per role type per month.

8. Indicate any additional items recommended or required for this implementation, supplies, special equipment, etc.

9. Describe what is required and expected by the City to ensure a successful system implementation.

10. Define and describe all implementation, integration, and testing services provided, number of hours required for each, whether the service will be provided on or off site and the associated cost of each service.

11. Describe your proposed approach to skill transfer.

J. Statement of Work

Using the outline provided below, please provide a proposed Statement of Work including, where relevant and applicable, information, activities, and deliverables for each sub-contractor included in your proposal. Indicate how each sub-contractor will be integrated into the prime Proposer’s proposed approach.



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Project Background

Project Scope

Project Organization

o Structure (e.g., Proposer and City teams)

o Staffing (e.g., additional staffing and backfill requirements, etc.)

o Roles and Responsibilities (e.g., job description, titles, etc.)

o Other Resource Requirements (e.g., site preparation facilities, electrical, work space, etc.)

Project Methodology

o Phase (e.g., Project Preparation)

o Implementation and Task Plans for Project Planning, Business Process Re-engineering, etc.

o System interface strategy

o Implementation strategy

o Deliverables (e.g., Detailed Project Schedule)

o Assumptions (e.g., time required of team members)

Project Change Control Approach

User, System, and Performance Acceptance and Technical Testing

o Methodology

o Document Deliverables

o Application Deliverables (e.g. acceptance test and approval process)

System Go Live Operations

o Recommended process for Go Live Operations

o Describe support process during Go Live. I.e. onsite support for “x” number of days, remote support and response time guarantees, etc.

o Contingency plan if initial Go Live is not successful.

Project Schedule

o Payment Schedule based on deliverables and/or milestones.



Costs


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IV. Costs



Costs


April 12, 2017 – Page 54

A. Introduction

This section contains all one-time and recurring costs for the proposed systems. Proposer’s cost must be fixed priced based on City’s requirements and inclusive of all costs for the proposed fare box system. All costs must be provided on the following cost tables and must be filled out completely.

Hardware

Ancillary Equipment

System Software

RDBMS Software/Licenses

Application Software

Other Costs

Optional Costs

Total Cost Summary

B. Hardware Costs & Installation

If applicable, list all hardware or equipment required including purchase costs and annual maintenance expense. Also identify PC/terminal emulation and connectivity requirements costs as separate line items for existing PCs. The total dollar figures from this section should agree with the hardware total in the Total Cost Summary.

Component Description Model Qty. Unit Price

Total Purchase

Cost

Annual Maintenance

Expense

Validating Fare Boxes 46 $ $ $

Installation Costs 46

Training Fare Box 1

Vault Housing 1

Removable Vaults 2

Portable Vaults 1

Total Cost $ $



Costs


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C. Ancillary Equipment Costs

List below the recommended ancillary equipment by major application area (cables, modems, UPS, etc.) needed to support the fare box system and include the estimated costs of each. Do not include installation or freight. The total dollar figures should agree with the ancillary total in the Total Cost Summary.

Description Unit Price Qty. Cost

Annual Maintenance

Expense

$ $ $

Total Cost $



Costs


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D. System Software Costs

List all system software being proposed, including costs and annual maintenance expense. The Total should agree with the System Software total on the Total Cost Summary page.

Software Description Unit Price Cost

Annual Maintenance

Expense

$ $ $

Total $ $



Costs


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E. RDBMS Software Licenses

List all software being proposed, including costs and annual maintenance expense. The Total should agree with the RDBMS Software/Licenses total on the Total Cost Summary page.

Software Description Unit Price Cost

Annual Maintenance

Expense

$ $ $

Total $ $



Costs


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F. Applications Software Costs

List all software being proposed including total package cost customization cost, and annual maintenance expense for each application (excluding installation and freight). The total should agree with the application software total in the Total Cost Summary.

Application Package

Cost Customization/

Modification Cost Total Cost

Annual Maintenance

Expense

$ $ $ $

Total Costs $ $ $



Costs


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G. Other Costs

Describe and list all other costs that would be associated with implementation of your system. Costs not otherwise identified will not be accepted in a final contract. The total should agree with the other costs total in the Total Cost Summary.

Item Total Item Cost

Installation

Implementation

Integration

Temporary Interfaces

Permanent Interfaces

Business Process Reengineering (BPR) Services

Training

Travel Expenses

Conversion

Other (specify)

Total Other Costs $



Costs


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H. Optional Costs

List and describe all optional costs items that could be associated with the implementation of your solution.

Options: Cost

Spare Parts (Provide List)

Mobile Ticketing- Smartphone based ticketing application.

Total Optional Costs $



Costs


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I. Hourly Rates

For any item of service that falls outside this contract, what are your hourly rates? The rates must be fixed for the implementation period:

Hourly Rates

Training $

Programming $

Design $

Installation $

Implementation

Other $

J. Total Costs Summary

One-Time Costs - Provide a summary of all one-time costs for the system you are proposing. The subtotals carried forward to this page should agree with the detail schedules on the preceding pages.

Item Cost

Hardware & Installation $

Ancillary Equipment $ System Software $ RDBMS Software/ Licenses (if applicable)

$

Application Software Cost

$

Go Live Support (onsite) $ Other Costs $ TOTAL ONE-TIME COSTS

$

Optional Costs $ TOTAL COSTS $



Costs


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Recurring Costs - Provide a summary of all annual recurring costs for the fare box system you are proposing. Please state how long these charges would be in effect without a price increase or what your proposed charges would be over a multi-year period. Warranty will cover all equipment at 100 percent for years 1 and 2. (recurring cost table below identifies potential costs for years 3, 4, 5, 6, and 7) If possible, the goal is to develop a contract to cover all expenses to maintain our fare box system for a total of 7 years.

Item Cost

5-year Pricing for Fareboxes- Guaranteed pricing for additional fare boxes (fleet expansion). Pricing to be honored for 5 years beyond the date of system acceptance.

$

Annual Hardware Maintenance $

Annual System Software Maintenance $

Annual RDBMS System Software $ Annual Application Software Maintenance $

Other Costs $

TOTAL ANNUAL RECURRING COSTS (Not to exceed)

$


RFP: Automatic Fare Collection (AFC) System Appendix A IT Technology Agreement


April 12, 2017 – Page 63

Appendix A – IT Technology Agreement




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CITY OF WICHITA

Information Technology Agreement

THIS Information Technology Agreement (“Agreement”) is made by and between the City of Wichita, hereinafter referred to as the “City” and [Enter company name of Proposer/Systems Integrator], hereinafter referred to as the “Contractor” and collectively referred to as the “Parties”.

WHEREAS, the Contractor is a provider of high technology products and services for which City Code section 2.64.020(g) allows the Purchasing Manager to directly negotiate for services on a non-competitive basis, and

WHEREAS, the Contractor has represented that it is capable of implementing the Scope of Work as contained herein and the City has selected the Contractor as the offer or most advantageous to the City of Wichita; and

WHEREAS, all terms and conditions of the City’s solicitation and the Contractor’s response to such document(s) are incorporated herein by reference; and

NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES:

Definitions.

A. Acceptance shall mean the approval of all Deliverables by the CIO of the City or designated representative.

B. Anonymous Data shall mean anonymous web data that by virtue of the method of collection can never reasonably be connected with the person providing. This data will be limited to aggregate information relevant to system utilization as associated with the Contractor’s application implemented for the City.

C. Change Request shall mean the document utilized to request changes or revisions in the Scope of Work.

D. Chief Information Officer (CIO) shall mean the CIO of the City of Wichita or designated representative.

E. Compliant Product shall mean a product or service that implements all of the PCI Security Standards Council Required Elements.

F. Contractor Data Libraries shall mean information, which may or may not be publicly available, that is selected, gathered and assembled by the Contractor into compilations in various forms and formats for use with the system components of the licensed application.

G. Deliverable shall mean any verifiable outcome, result, service or product that must be delivered, developed, performed or produced by the Contractor as defined in Paragraph 2., Scope of Work.

H. Emergency Support shall be defined as technical support provided by the Contractor outside of normal support hours for any problem or issue that is impacting the City’s ability to conduct business and cannot wait until the next business day to resolve.

I. Know How shall mean all technical information, data and knowledge including, but not limited to, all documents, computer storage devices, drawings, flow charts, plans, proposals, records,




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notes, memoranda, manuals and other tangible items containing, relating or causing the enablement of any Intellectual Property developed under this Agreement.

J. Intellectual Property shall mean any and all proprietary information developed pursuant to the terms of this Agreement.

K. PA-DSS shall mean Payment Application Data Security Standard which provides a framework for software developers to develop secure payment applications

L. Payment Invoice shall mean a detailed, certified and written request for payment of services rendered from the Contractor to the City. Payment Invoice(s) must contain the fixed price Deliverable cost and identify the Deliverable for which the invoice is submitted.

M. PCI shall mean Payment Card Industry.

N. Project shall mean a process undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget. The project terminates once the project scope is achieved and project approval is given by the City Project Manager and verified by the City CIO. Under the terms of this Agreement the Project is defined within Paragraph 2., Scope of Work.

O. Project Manager shall mean a qualified person from the City responsible for all aspects of the Project. Under the terms of this Agreement, the City Project Manager shall be Ken Dimick or designated representative.

P. Required Element shall mean any element of the Specification, whether identified as “Mandatory”, “Alternate”, or “Optional”.

Q. Software shall mean any software or other products, including the licensed application, delivered or utilized in conjunction with the licensed application under this Agreement.

R. Subscription shall mean the annual fee for license renewal and maintenance of an operational Computerized Maintenance ManagementSystem including maintenance and technical support services.

Scope of Work.

A. The Contractor shall perform the following work:

The contractor will install, configure, train, license, support, and maintain the Contractor’s Computerized Maintenance Management System for the replacement of the current City’s Lucity System as specified in the solicitation.

This scope of work includes:

1) Project Initiation (Kick-off). The Contractor will perform a Project Initiation meeting thirty (30) calendar days prior to the start of the system [implementation/integration/installation] either through an audio-video conference call or an on-site meeting with the City. Prior to the call or meeting, the Contractor will forward, via email, the Contractor’s [Implementation/Integration/Installation] Guide that details the [implementation/integration/installation] process and steps including, but not limited to those process and steps associated with the configuration, testing, and product/system acceptance that will be completed during the project. The key tasks include:




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Formally transition and introduce the project team and their respective responsibilities.

Define the success criteria of the City to meet expectations and achieve appropriate outcomes and the metrics in which these will be measured.

Discuss potential risks/issues based upon the City’s and the Contractor’s experience.

Review the Contractor’s [Implementation/Integration/Installation] Guide that outlines the [implementation/integration/installation] process and steps.

Establish the project schedule including, but not limited to:

o Milestones o Dependencies o Contingencies o Resources o Durations

This schedule will be created by the Contractor and maintained by the City’s Project Manager in coordination with the Contractor’s and City’s project teams.

Define the project Communications Plan covering methods used to gather and store information; limits, if any, on who may give direction and to whom; reporting relationships; list of contact information; schedule for distribution of information; weekly status meetings; and a method to update the communications plan as the project progresses.

2) [Enter additional scope as needed. List all deliverables in 2.C. below]

B. Services will be performed at the Wichita Transit Administration Building at 777 E. Waterman, Wichita KS 67202.

C. Deliverable(s).

[LIST specific deliverable(s), due date(s), and associated cost of each deliverable]

D. Contractor Reimbursable Expenses. Reimbursable expenses include coach class air fare, airport parking, economy class vehicle rental, cab, or public transportation, parking and tolls, fuel, reasonable lodging and meals, excluding alcohol, and other travel incidentals required to fulfill the Agreement. The Contractor shall provide the City with an estimate of reimbursable expenses for approval prior to any scheduled travel. Upon completion or execution of the prior-approved travel, the Contractor shall submit an invoice to the City CIO for actual expenditures incurred and shall attach receipts to the invoice requesting reimbursement, as backup for accounting purposes. In no event shall Contractor Reimbursable Expenses exceed a total cost of [ENTER total cost of reimbursable expenses].

E. Application License. Contractor hereby grants the City a non-exclusive, irrevocable, royalty free license to use, the Computerized Maintenance Management System and any and all upgrades / updates, bug fixes / corrections and revisions which may occur during the term of the contract.

Configuration or customization of the application made according to the City’s requirements will be performed by the Contractor. Ongoing maintenance of these configurations or customizations will be provided by the Contractor to maintain continued compatibility with the Computerized Maintenance Management System as upgrades / updates, bug fixes /




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corrections, or revisions occur to the application.

The Contractor will own in its entirety such configuration development and the intellectual property related to the Contractor’s application; however the City shall have a non-exclusive, irrevocable, royalty free license to use such works from the date that such work is completed and released to the City.

The City shall own all right, title, and interest to all City Data entered into the licensed application by any user who is or has been authorized and licensed to use the application. The Contractor shall own all right, title, and interest in any Anonymous Data. Upon request, the Contractor shall provide copies of the Anonymous Data to the City in the format requested.

All archival and backup copies of the application are subject to the provisions of this Agreement, and all titles, patent numbers, trademarks, copyright and other restricted rights notices shall be reproduced on any such copies.

The Contractor must uphold the agreement and all the terms therein which includes the Automatic Fare Collection System application and all deliverables as set forth in Paragraph 2.C. If the Contractor 1) breaches the Agreement; 2) ceases to do business; or 3) this Agreement is terminated by either party as defined in Paragraph 7, the Contractor shall provide the City with a 1 year license subscription that the City may or may not exercise. If the Contractor is not able to or does not provide said license subscription, the Contractor shall make available to the City:

1) The latest available licensed application program source code, compiler, utilities, and related documentation necessary for the continued operation and maintenance of the application as meant for the licensed application provided or developed under this Agreement by the Contractor and listed as part of the purchased system. The source code, compiler, utilities, and related documentation shall be provided on CD or via an Electronic Data Transfer to the City.

2) All related documentation for software developed by third parties to the extent that the Contractor is authorized to disclose such software. In such circumstances, the City shall have an unlimited right to use, modify and copy the source code and documentation.

1) Automatic Fare Collection System [ENTER # of years (i.e. one (1), two (2), three (3), etc.)] Year License, Support, and Maintenance Subscription may be renewed annually as set forth in Paragraph 2.C. Users are defined as City employees or partners and Proposers that work with the City. Each license includes full use of the Automatic Fare Collection System . Also included is all hosting, operation, maintenance and data back-up, unlimited support by phone, email, or web based.

F. Restrictions on Application Use. The City shall not, directly or by permitting any third party to: 1) disassemble, reverse engineer, decompile, or otherwise attempt to derive source code from the licensed application; 2) modify, adapt, create derivative works based upon, or translate the licensed application or any portion thereof; 3) resell, distribute, or otherwise grant any rights in licensed application or any portion thereof to any third party, including commercial time-sharing, rental, or service bureau use, or use the licensed application for the benefit of any third party; 4) access the licensed application or any portion thereof other than in connection with the City’s internal use; or 5) publish or participate with any third party in any performance or




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benchmark tests or analysis relating to the licensed application or any portion thereof. A portion of the licensed application may be comprised of Contractor Data Libraries. The City acknowledges and agrees that the Contractor Data Libraries are original works of authorship created, developed and maintained by Contractor at great expense and that, in addition to being subject to the foregoing restrictions 1) through 5) and applicable copyright laws, are confidential information of the Contractor that may only be used by the City for its internal use in conjunction with the use of the application components of the licensed application on the terms set forth in this Agreement.

G. Support and Maintenance.

1) Telephone Support. The Contractor shall provide telephone and email support for the licensed application. Such support shall be available Monday thru Saturday from 7:00 a.m. – 7:00 p.m. (CT). If outside the normal support hours, emergency support shall be available by contacting the Contractor’s Service Desk who will provide a response within one (1) hour. The City shall first attempt to resolve any problem relating to the Computerized Maintenance Management System by referring to the Contractor provided documentation. The City shall report to the Contractor any discrepancies between the licensed application and the documentation.

2) Exclusions. No support shall be available, and the Contractor shall not be liable, for: (i) problems, errors, or Bugs resulting from configuration or faults in the City’s computer or network operating systems or any third party software; (ii) hardware malfunctions, including cables, ports, printers, disk drives, etc.; or (iii) modifications made to the licensed application by a party other than the Contractor.

3) Contractor Support Contacts. The City shall be provided, by the Contractor, a primary and an alternate support contact either by named individual(s), or, Contractor phone number(s), or both.

4) Maintenance. The Contractor shall provide training material updates for any changes occurring as a result of application enhancements, major or minor revision releases, or maintenance/bug fixes which directly or indirectly impact the Computerized Maintenance Management System and the City’s configuration and use thereof.

The Contractor shall update all related Computerized Maintenance Management System documentation as a result of enhancements or major or minor revision releases which directly or indirectly impact the Computerized Maintenance Management Systemand the City’s configuration and use thereof.

The Contractor shall provide training updates to the City’s staff to acquaint them with new or changed functionality and capabilities resulting from enhancements, major or minor revision releases, or maintenance/bug fixes which directly or indirectly impact the licensed application and the City’s configuration and use thereof.

H. Progress/Status/Risk/Issue Meetings. Progress/Status/Risk/Issue meetings shall be scheduled every week throughout the project unless agreed to in advance by all parties to be rescheduled. Attendance by the Contractor and the City is required unless otherwise indicated. These meetings shall include:




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Progress Updates

Milestones Achieved

Milestones Missed

Future Milestones

Dependencies

Issues

Risks

Project Communications

Actions Review

I. Schedule. The due dates of the deliverable(s) or otherwise, as set forth in Paragraph 2. C., shall not be altered or waived by the City without prior written approval, through the Change Management process, as defined in Paragraph 15.

Compensation.

A. Compensation Schedule. The City shall pay to the Contractor based upon fixed prices for each Deliverable, per the schedule outlined in Paragraph 2.C.

B. Payment. The City shall pay to the Contractor for services satisfactorily performed based upon deliverables, milestones, and budget, with such compensation not to exceed [ENTER total amount of compensation excluding tax, in dollars], excluding tax. The City’s tax levied on the amounts payable under this Agreement totaling [ENTER total amount of taxes, in dollars] shall be paid by the City to the Contractor. The total amount payable to the Contractor under this Agreement, including tax and expenses, shall not exceed [ENTER total dollar amount of the agreement]. This amount is a maximum and not a guarantee that the work assigned to Contractor to be performed under this Agreement shall equal the amount stated herein. The parties do not intend for the Contractor to continue to provide services without compensation when the total compensation amount is reached. Contractor is responsible for notifying the City when the services provided under this Agreement reach the total compensation amount. In no event will the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided.

Payment shall be made upon Acceptance of each Deliverable and upon the receipt and acceptance of a detailed, certified Payment Invoice. Payment will be made to the Contractor's designated mailing address. Payment shall be tendered to the Contractor within thirty (30) days of the date of written Certification of Acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. The City shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein. All Payment Invoices MUST BE received by the City no later than fifteen (15) days after the termination of this Agreement. Payment Invoices received after such date WILL NOT BE PAID.

C. Costs Adjustment. If, during the term of this Agreement, the Contractor provides any equipment, operating software, licensed software, maintenance, training or documentation to any other of its customers at prices less than those specified in this Agreement or the Proposal, the City shall receive the benefit of those lower prices for any equipment, operating software, licensed software, maintenance, training or documentation received subsequently, and the




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costs for services and equipment specified in the Proposal or this Agreement shall be reduced accordingly.

Consumer Price Index (CPI). Agreement prices for hardware, software, and/or service will remain firm through end of the Agreement Term pursuant to Paragraph 6.

Contractor must request price adjustments, in writing, 30 days prior to the renewal or termination date of the Agreement. If Contractor fails to request a price adjustment, no price adjustment request will be permitted until 30 calendar days prior to the next or following renewal or termination date of the Agreement. No retroactive contract price adjustments will be allowed.

The Contractor shall provide the City CIO clear and convincing evidence, satisfactory to the City, that all of the following conditions exist:

1) The increase is the result of increased costs outside the Contractor’s control and not cost under the Contractor’s control, and that;

2) The increase will not produce a higher profit margin for the Contractor than that on the original contract.

Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index (CPI-U) for All Urban Consumers, All Items, and Wichita Area.

The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year six month average (January through June OR July through December [ENTER Agreement base (start) year (i.e. 2018)]); and each (January through June OR July through December [ENTER Agreement Term end year (i.e. 2020)] six month average) thereafter. The percentage difference between those two CPI issues will be the price adjustment rate.

4. Taxes.

Use and local sales tax on the purchase of software and services are the sole responsibility of the City unless Contractor has agreed to collect and pay use tax on behalf of the City. In any event City is responsible for any use tax.

Other than use tax, the payment of taxes for any money received under this Agreement shall be the Contractor’s sole responsibility and should be reported under the Contractor’s Federal and State tax identification numbers.

Contractor and any and all subcontractors shall pay all Federal, state and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall require all subcontractors to hold the City harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal and/or state and local laws and regulations and any other costs, including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation.

5. Acceptance.

A. Submission. Upon completion of agreed upon Deliverables as set forth in Paragraph 2.C.,




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Contractor shall submit a Payment Invoice with the Deliverable, or description of the Deliverable, to the City Project Manager. Each Payment Invoice shall be for the fixed Deliverable price as set forth in Paragraph 2.C..

B. Acceptance. The City CIO in conjunction with the City Project Manager shall determine if the Deliverable provided meets specifications. No payment shall be made for any Deliverable until the individual Deliverable that is the subject of the Payment Invoice has been accepted, in writing, by the City CIO. In order to accept the Deliverable, the City CIO, in conjunction with the City Project Manager, will assess the Deliverable and determine, at a minimum, that the Deliverable:

1) Complies with the Scope of Work as set forth in Paragraph 2;

2) Complies with the terms and conditions of the City’s solicitation;

3) Complies with the Deliverable requirements as set forth in Paragraph 2.C.;

4) Meets or exceeds the generally accepted industry standards and procedures for the Deliverable(s); and

5) Complies with all the requirements of this Agreement.

If the Deliverable is deemed Acceptable by the City CIO, in conjunction with the City Project Manager, the City CIO will notify the Contractor of Acceptance, in writing, within fifteen (15) business days from the date the City Project Manager receives the Deliverable(s) and accompanying Payment Invoice.

C. Rejection. Unless the City CIO gives notice of rejection within the fifteen (15) business day Acceptance period, the Deliverable will be deemed to have been accepted. If the Deliverable is deemed unacceptable, fifteen (15) days from the date the City Project Manager receives the Deliverable(s) and accompanying Payment Invoice, the City Project Manager will send a consolidated set of comments indicating issues, unacceptable items, and/or requested revisions accompanying the rejection. Upon rejection and receipt of comments, the Contractor will have fifteen (15) business days to resubmit the Deliverable to the City Project Manager with all appropriate corrections or modifications made and/or addressed. The City CIO, in conjunction with the City Project Manager, will again determine whether the Deliverable(s) is Acceptable under and provide a written determination within fifteen (15) business days of receipt of the revised or amended Deliverable. If the Deliverable is once again deemed unacceptable and thus rejected, the Contractor will be required to provide a remediation plan that shall include a timeline for corrective action acceptable to the City CIO. The Contractor shall also be subject to all damages and remedies attributable to the late delivery of the Deliverable under the terms of this Agreement and available at law or equity. In the event that a Deliverable must be resubmitted more than twice for Acceptance, the Contractor shall be deemed as in breach of this Agreement. The City may seek any and all damages and remedies available under the terms of this Agreement and available at law or equity. Additionally, the City may terminate this Agreement.

6. Term.

THIS AGREEMENT SHALL NEITHER BE EFFECTIVE NOR BINDING UNTIL APPROVED BY ALL PARTIES. This Agreement shall terminate on [ENTER Term End Date], unless terminated pursuant to Paragraph 7. No contract term, including extensions and renewals, shall exceed five years.




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7. Termination.

This Agreement may only be terminated according to FTA Clause for Termination.

8. Termination Management.

According to FTA Clause for Termination.

9. Indemnification.

Contractor shall save and hold the City harmless against all suits, claims, damages and losses for injuries to persons or property or for liability arising from or caused by errors, omissions, negligent or intentional acts of the Contractor, its officers, agents, servants, or employees, occurring in the performance of its services under this Agreement.

10. Intellectual Property.

Contractor hereby acknowledges and grants to the City a non-exclusive, royalty free license to reproduce, publish, use, copy and modify the Intellectual Property and Know How created or conceived pursuant to, or as a result of, performance of this Agreement.

11. Intellectual Property Indemnification.

A. Intellectual Property Indemnification. The Contractor shall defend, at its own expense, the City, and/or any other body against any claim that any product or service provided under this Agreement infringes any patent, copyright or trademark, and shall pay all costs, damages and attorney’s fees that may be awarded as a result of such claim. In addition, if any third party obtains a judgment against the City based upon Contractor’s trade secret infringement relating to any product or services provided under this Agreement, the Contractor agrees to reimburse the City for all costs, attorneys’ fees and the amount of the judgment. To qualify for such defense and/or payment, the City shall:

1) Give the Contractor written notice, within forty-eight (48) hours, of its notification of any claim;

2) Allow the Contractor to control the defense and settlement of the claim; and

3) Cooperate with the Contractor, in a reasonable manner, to facilitate the defense or settlement of the claim.

B. City Rights. If any product or service becomes, or in the Contractor’s opinion is likely to become, the subject of a claim of infringement, the Contractor shall, at its sole expense:

1) Provide the City the right to continue using the product or service and fully indemnify the City against all claims that may arise out of the City’s use of the product or service;

2) Replace or modify the product or service so that it becomes non-infringing; or

3) Accept the return of the product or service and refund an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which are due to the Contractor. The Contractor’s obligation will be void as to any product or service modified by the City to the extent such modification is the cause of the claim.

12. Warranties.




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A. General. The Contractor hereby expressly warrants the Deliverables as being correct and compliant with the terms of this Agreement, Contractor’s official published specification and technical specifications of this Agreement and all generally accepted industry standards. This warranty encompasses correction of defective Deliverables and revision of the same, as necessary, including deficiencies found during the implementation, or post-implementation phase.

B. Software. The Contractor warrants that any software or other products, including the licensed application, delivered under this Agreement shall comply with the terms of this Agreement, Contractor’s official published specification(s) and technical specifications of this Agreement and all generally accepted industry standards. The Contractor further warrants that the software or other products, including the licensed application, provided under this Agreement will meet the applicable specifications for two (2) years after Acceptance by the City CIO and implementation by the City. If the software or other products, including the licensed application, fails to meet the applicable specifications during the warranty period, the Contractor will correct the deficiencies, at no additional cost to the City, so that the software or other products, including the licensed application, meets the applicable specifications.

13. Contractor Personnel.

A. Key Personnel. Contractor’s key personnel shall not be diverted from this Agreement without the prior written approval of the City. Key personnel are those individuals considered by the City to be mandatory to the work to be performed under this Agreement. Key Contractor personnel shall be:

[ENTER Contractor’s key personnel]

B. Personnel Changes. Replacement of any personnel shall be made with personnel of equal ability, experience, and qualification and shall be approved by the City. For all personnel, the City reserves the right to require submission of their resumes prior to approval. If the number of Contractor’s personnel assigned to the Project is reduced for any reason, Contractor shall, within ten (10) calendar days of the reduction, replace with the same or greater number of personnel with equal ability, experience, and qualifications, subject to City approval. The City, in its sole discretion, may approve additional time beyond the ten (10) calendar days for replacement of personnel. The Contractor shall include status reports of its efforts and progress in finding replacements and the effect of the absence of the personnel on the progress of the project. The Contractor shall also make interim arrangements to assure that the project progress is not affected by the loss of personnel. The City reserves the right to require a change in Contractor’s personnel if the assigned personnel are not, in the sole opinion of the City, meeting the City’s expectations.

14. Status of Contractor.

A. Independent Contractor. The Contractor and its agents and employees are independent contractors performing services for the City and are not employees of the City. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the City as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are personally reportable by it for income tax purposes as self-employment or business income and are




April 12, 2017 – Page 74

reportable for self-employment tax. The Contractor agrees not to purport to bind the City unless the Contractor has express written authority to do so, and then only within the strict limits of that authority.

B. Subject of Proceedings. Contractor warrants that neither the Contractor nor any officer, stockholder, director or employee of the Contractor, is presently subject to any litigation or administrative proceeding before any court or administrative body which would have an adverse effect on the Contractor’s ability to perform under this Agreement; nor, to the best knowledge of the Contractor, is any such litigation or proceeding presently threatened against it or any of its officers, stockholders, directors or employees. If any such proceeding is initiated or threatened during the term of this Agreement, the Contractor shall immediately disclose such fact to the City.

15. Change Management.

A. Changes. The Contractor and/or the City may request changes or revisions to the Scope of Work or Project Tasks as defined in Paragraph 2 in accordance with the “Change Request Process”, Paragraph 15. B. described herein.

B. Change Request Process. In the event that circumstances warrant a change to accomplish the Scope of Work or Project Tasks as defined in Paragraph 2, a Change Request shall be submitted that includes the following:

The name of the person requesting the change, a summary of the required change, the start date for the change, the reason and necessity for change, the urgency level for the change, the elements to be altered, the impact of the change, the staffing plan associated with the change, the impact on the schedule for implementing the change, the cost impact, the risk assessment and a recommended approach to the change.

C. Change Request Approval.

1) City. The City shall provide a written decision on the Change Request to the Contractor within a maximum of ten (10) business days of receipt of the Change Request.

2) Contractor. The Contractor shall provide a written decision on the Change Request to the City within a maximum of ten (10) business days of receipt of the Change Request.

The City CIO, upon a Change Request approval, shall formally amend the original Agreement. The Change Request shall then be bound by the Terms and Conditions of the original Agreement.

16. Professional Services Certification.

Contractor certifies that at the time of the issuance of this Agreement, the Contractor does not serve as an expert witness for any litigation against the City, and that it will not serve as an expert witness for any litigation against the City during the term of this Agreement.

17. Default/Breach.

In case of default and/or breach by the Contractor, the City may procure the goods or services from another source and hold the Contractor responsible for any resulting excess costs and/or damages, including but not limited to, direct damages, indirect damages, consequential damages, special damages and the City may also seek all other remedies under the terms of this Agreement and




April 12, 2017 – Page 75

under Kansas law or equity.

18. Equitable Remedies.

Contractor acknowledges that its failure to comply with any provision of this Agreement will cause the City irrevocable harm and that a remedy at law for such a failure would be an inadequate remedy for the City, and the Contractor consents to the City’s obtaining from a court of competent jurisdiction, specific performance, or injunction, or any other equitable relief in order to enforce such compliance. City’s rights to obtain equitable relief pursuant to this Agreement shall be in addition to, and not in lieu of, any other remedy that City may have under applicable law, including, but not limited to, monetary damages.

19. Liability.

Contractor shall be liable for damages arising out of injury to persons and/or damage to real or tangible personal property before or after Acceptance, delivery, installation and use of the equipment, either at the Contractor’s site or the City’s place of business, provided that the injury or damage was caused by the fault or negligence of the Contractor or defect of the equipment or installation. Contractor shall not be liable for damages arising out of, or caused by, alterations to the equipment (other than alterations performed or caused by Contractor’s officers, employees or agents) made by the City or for losses occasioned by the City’s fault or negligence. Nothing in this Agreement shall limit the Contractor’s liability, if any, to third parties and employees of the City, or any remedy that may exist under law or equity in the event a defect in the manufacture of, or the negligent acts or omissions of the Contractor, its officers, employees, or agents, is the cause of injury to such person.

20. Assignment.

The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the City.

21. Subcontracting.

The Contractor shall not subcontract any portion of this Agreement without the prior written approval of the City. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Agreement, nor shall any subcontracting obligate payment from the City.

22. Release.

The Contractor’s acceptance of final payment of the amount due under this Agreement shall operate as a release of the City, its officers, employees and agents from all liabilities, claims and obligations whatsoever arising from or under this Agreement.

23. Confidentiality.

Any confidential information provided to the contractor by the City or, developed by the Contractor based on information provided by the City in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. Upon termination of this Agreement, Contractor shall deliver all confidential material in its possession to the City within thirty (30) calendar days of




April 12, 2017 – Page 76

such termination. Contractor acknowledges that failure to deliver such confidential information to the City will result in direct, special and incidental damages.

24. Conflict of Interest.

The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement.

25. Records and Audit.

The Contractor shall maintain detailed time and expenditure records that indicate the date; time, nature and cost of services rendered during the Agreement’s term and effect and retain them for a period of three (3) years from the date of final payment under this Agreement. The records shall be subject to inspection by the City or designated representative. The City shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the City to recover excessive or illegal payments.

26. Amendment.

This Agreement shall not be altered, changed, or amended except by an instrument in writing executed by the Parties hereto. No amendment shall be effective or binding unless approved by all of the approval authorities.

27. Merger, Scope, Order of Precedence.

A. Severable. The provisions of this Agreement are severable, and if for any reason, a clause, sentence or paragraph of this Agreement is determined to be invalid by a court or City or commission having jurisdiction over the subject matter hereof, such invalidity shall not affect other provisions of this Agreement, which can be given effect without the invalid provision.

B. Merger/Scope/Order. This Agreement incorporates any and all agreements, covenants and understandings between the Parties concerning the subject matter hereof, and all such agreements, covenants and understanding have been merged into this Agreement. No prior agreement or understanding, verbal or otherwise, of the Parties or their agents or assignees shall be valid or enforceable unless embodied in this Agreement.

28. Non-Discrimination.

The Contractor shall comply with all applicable requirements of the City of Wichita Revised Non-Discrimination and Equal Employment /Affirmative Action Program Requirements Statement for Contracts or Agreements incorporated herein by reference.

29. Workers Compensation.

The Contractor agrees to comply with all federal, state, and city laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the City.

30. Applicable Law and Venue.




April 12, 2017 – Page 77

This contract shall be subject to, governed by, and construed according to the laws of the City and the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in Sedgwick County, Kansas.

31. Waiver.

A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless expressed and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights.

32. Headings.

Any and all headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. Numbered or lettered provisions, sections and subsections contained herein, refer only to provisions, sections and subsections of this Agreement unless otherwise expressly stated.

33. Survival.

The Articles entitled Intellectual Property, Intellectual Property Ownership, Confidentiality, and Warranties shall survive the expiration or termination of this Agreement. Software License and Software Escrow agreements and other unexpired agreements entered into in conjunction with this Agreement shall survive the expiration or termination of this Agreement.

34. Calculation of Time.

Any time period herein calculated by reference to "days" means calendar days, unless specifically stated otherwise; provided, however, that if the last day for a given act falls on a Saturday, Sunday, or a holiday as observed by the City, the day for such act shall be the first day following that is not a Saturday, Sunday, or such observed holiday.

35. Force Majeure.

Neither party shall be liable in damages or have any right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party who performance is affected.

36. Notices.

All deliveries, notices, requests, demands or other communications provided for or required by this Agreement shall be in writing and shall be deemed to have been given when sent by overnight carrier or upon telephone confirmation by Contractor to the sender of receipt of a facsimile communication or e-mail that is followed by a mailed hard copy from the sender. Notices shall be addressed as follows:

To the City: City of Wichita 455 N Main




April 12, 2017 – Page 78

Wichita, KS 67202 Gregg Ringold 316-352-4806 [email protected] To the Contractor: [Enter Company name, address, and name of individual for the

Contractor, including contact number or email, responsible for receiving communications as defined in this paragraph]

Any change to the Notice individual or the address, shall be effective only in writing.

37. Authority.

If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represents that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract and that the Contractor agrees to be bound by the provisions thereof.

38. No Arbitration.

The Contractor and the City shall not be obligated to resolve any claim or dispute related to the contract by arbitration. Any reference to arbitration in prior discussions or documents is deemed void.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of signature by the required approval authorities below.

City of Wichita

Date: _______________ Jeff Longwell, Mayor

Attest:

Karen Sublett, City Clerk

Approved as to form:

Jennifer Magana, City Attorney & Director of Law




April 12, 2017 – Page 79

[ENTER Contracting Company Name]

Date: _______________ [ENTER Contractor Name and Title]


RFP: Automatic Fare Collection (AFC) System Appendix B FTA Clauses


April 12, 2017 – Page 80

Appendix B – Federal Transit Administration Clauses




April 12, 2017 – Page 81

FEDERAL TRANSIT ADMINISTRATION

TABLE OF CONTENTS

MATERIALS & SUPPLIES PROCUREMENTS

Fare Box

1. Fly America Requirements

2. Buy America Requirements

3. Cargo Preference Requirements

4. Energy Conservation Requirements

5. Clean Water Requirements

6. Lobbying

7. Access to Records and Reports

8. Federal Changes

9. Clean Air

10. Recycled Products

11. No Government Obligation to Third Parties

12. Program Fraud and False or Fraudulent Statements and Related Acts

13. Termination

14. Government-wide Debarment and Suspension (Nonprocurement)

15. Privacy Act

16. Civil Rights Requirements

17. Breaches and Dispute Resolution

18. Disadvantaged Business Enterprises (DBE)

19. Incorporation of Federal Transit Administration (FTA) Terms

20. Conformance with ITS Architecture

21. Notification of Federal Participation




April 12, 2017 – Page 82

1. FLY AMERICA REQUIREMENTS

49 U.S.C. § 40118

41 CFR Part 301-10

Fly America Requirements

The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance

with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide

that recipients and subrecipients of Federal funds and their contractors are required to use U.S.

Flag air carriers for U.S Government-financed international air travel and transportation of

their personal effects or property, to the extent such service is available, unless travel by

foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor

shall submit, if a foreign air carrier was used, an appropriate certification or memorandum

adequately explaining why service by a U.S. flag air carrier was not available or why it was

necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance

with the Fly America requirements. The Contractor agrees to include the requirements of this

section in all subcontracts that may involve international air transportation.

2. BUY AMERICA REQUIREMENTS

49 U.S.C. 5323(j)

49 CFR Part 661

Buy America

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which

provide that Federal funds may not be obligated unless steel, iron, and manufactured products

used in FTA-funded projects are produced in the United States, unless a waiver has been

granted by FTA or the product is subject to a general waiver. General waivers are listed in 49

C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15

passenger wagons produced by Chrysler Corporation, and microcomputer equipment and

software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49

C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent

domestic content.

A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification

(below) with all bids or offers on FTA-funded contracts, except those subject to a general

waiver. Bids or offers that are not accompanied by a completed Buy America certification

must be rejected as nonresponsive. This requirement does not apply to lower tier

subcontractors.

Certification requirement for procurement of steel, iron, or manufactured products.




April 12, 2017 – Page 83

Certificate of Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1)

and the applicable regulations in 49 C.F.R. Part 661.5.

Date _______________________________________________________________________

Signature ___________________________________________________________________

Company Name ______________________________________________________________

Title _______________________________________________________________________

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.

5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.

5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date _______________________________________________________________________

Signature ___________________________________________________________________

Company Name _____________________________________________________________

Title _______________________________________________________________________

3. CARGO PREFERENCE REQUIREMENTS

46 U.S.C. 1241

46 CFR Part 381

Cargo Preference - Use of United States-Flag Vessels

The contractor agrees: a. to use privately owned United States-Flag commercial vessels to

ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry

cargo liners, and tankers) involved, whenever shipping any equipment, material, or

commodities pursuant to the underlying contract to the extent such vessels are available at fair

and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20

working days following the date of loading for shipments originating within the United States

or within 30 working days following the date of leading for shipments originating outside the

United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English

for each shipment of cargo described in the preceding paragraph to the Division of National

Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and

to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c.




April 12, 2017 – Page 84

to include these requirements in all subcontracts issued pursuant to this contract when the

subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

4. ENERGY CONSERVATION REQUIREMENTS

42 U.S.C. 6321 et seq.

49 CFR Part 18

Energy Conservation The contractor agrees to comply with mandatory standards and policies relating to energy

efficiency which are contained in the state energy conservation plan issued in compliance with

the Energy Policy and Conservation Act.

5. CLEAN WATER REQUIREMENTS

33 U.S.C. 1251

Clean Water (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued

pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The

Contractor agrees to report each violation to the Purchaser and understands and agrees that the

Purchaser will, in turn, report each violation as required to assure notification to FTA and the

appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding

100,000 financed in whole or in part with Federal assistance provided by FTA.

6. LOBBYING

31 U.S.C. 1352

49 CFR Part 19

49 CFR Part 20

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying

Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] Contractors who apply or bid for an award of $100,000 or more shall file the certification

required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier

above that it will not and has not used Federal appropriated funds to pay any person or

organization for influencing or attempting to influence an officer or employee of any agency, a

member of Congress, officer or employee of Congress, or an employee of a member of

Congress in connection with obtaining any Federal contract, grant or any other award covered

by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying




April 12, 2017 – Page 85

Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds

with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such

disclosures are forwarded from tier to tier up to the recipient.

CERTIFICATION REGARDING LOBBYING

The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or employee of

an agency, a Member of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with the awarding of any Federal contract, the making of

any Federal grant, the making of any Federal loan, the entering into of any cooperative

agreement, and the extension, continuation, renewal, amendment, or modification of any

Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any

person for making lobbying contacts to an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in

connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned

shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in

accordance with its instructions [as amended by "Government wide Guidance for New

Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)

herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of

1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]

(3) The undersigned shall require that the language of this certification be included in the

award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts

under grants, loans, and cooperative agreements) and that all subrecipients shall certify and

disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this

transaction was made or entered into. Submission of this certification is a prerequisite for

making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the

Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall

be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such

failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited

expenditure or fails to file or amend a required certification or disclosure form shall be subject

to

a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure

or failure.]

The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of

each statement of its certification and disclosure, if any. In addition, the Contractor

understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this

certification and disclosure, if any.

__________________________ Signature of Contractor's Authorized Official




April 12, 2017 – Page 86

__________________________ Name and Title of Contractor's Authorized Official

___________________________ Date

7. ACCESS TO RECORDS AND REPORTS

49 U.S.C. 5325

18 CFR 18.36 (i)

49 CFR 633.17

Access to Records

The following access to records requirements apply to this Contract:

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a

subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees

to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States

or any of their authorized representatives access to any books, documents, papers and records

of the Contractor which are directly pertinent to this contract for the purposes of making

audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49

C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including

any PMO Contractor access to Contractor's records and construction sites pertaining to a major

capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance

through the programs described at 49 U.S.C. 5307, 5309 or 5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA

Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the

FTA Administrator or his authorized representatives, including any PMO Contractor, access to

the Contractor's records and construction sites pertaining to a major capital project, defined at

49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs

described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes

contracts of less than the simplified acquisition threshold currently set at $100,000.

3. Where the Purchaser enters into a negotiated contract for other than a small purchase or

under the simplified acquisition threshold and is an institution of higher education, a hospital

or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient

in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA

Administrator, the Comptroller General of the United States or any of their duly authorized

representatives with access to any books, documents, papers and record of the Contractor

which are directly pertinent to this contract for the purposes of making audits, examinations,

excerpts and transcriptions.

4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in

accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement

(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall

make available records related to the contract to the Purchaser, the Secretary of Transportation




April 12, 2017 – Page 87

and the Comptroller General or any authorized officer or employee of any of them for the

purposes of conducting an audit and inspection.

5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means

whatsoever or to copy excerpts and transcriptions as reasonably needed.

6. The Contractor agrees to maintain all books, records, accounts and reports required under

this contract for a period of not less than three years after the date of termination or expiration

of this contract, except in the event of litigation or settlement of claims arising from the

performance of this contract, in which case Contractor agrees to maintain same until the

Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized

representatives, have disposed of all such litigation, appeals, claims or exceptions related

thereto. Reference 49 CFR 18.39(i)(11).

7. FTA does not require the inclusion of these requirements in subcontracts.

Requirements for Access to Records & Reports by Types of Contract

Contract

Characteristics Operational

Service

Contract

Turnkey Construction Architectural

Engineering Acquisition of

Rolling Stock Professional

Services

I State Grantees a. Contracts

below SAT

($100,000)

b. Contracts

above

$100,000/Capital

Projects

None

None

unless1 non-

competitive

award

Those imposed

on state pass

thru to

Contractor

None

Yes, if non-

competitive

award or if

funded thru2

5307/5309/53

11

None

None unless

non-

competitive

award

None

None unless

non-

competitive

award

None

None unless

non-

competitive

award

II Non State

Grantees a. Contracts

below SAT

($100,000)

b. Contracts

above

$100,000/Capital

Projects

Yes3

Yes3

Those imposed

on non-state

Grantee pass

thru to

Contractor

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

8. FEDERAL CHANGES

49 CFR Part 18

Federal Changes

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures

and directives, including without limitation those listed directly or by reference in the Master




April 12, 2017 – Page 88

Agreement between Purchaser and FTA, as they may be amended or promulgated from time to

time during the term of this contract. Contractor's failure to so comply shall constitute a

material breach of this contract.

9. CLEAN AIR

42 U.S.C. 7401 et seq

40 CFR 15.61

49 CFR Part 18

Clean Air (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued

pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to

report each violation to the Purchaser and understands and agrees that the

Purchaser will, in turn, report each violation as required to assure notification to FTA and the

appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding

$100,000 financed in whole or in part with Federal assistance provided by FTA.

10. RECYCLED PRODUCTS

42 U.S.C. 6962

40 CFR Part 247

Executive Order 12873

Recovered Materials

The contractor agrees to comply with all the requirements of Section 6002 of the Resource

Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not

limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they

apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

11. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

No Obligation by the Federal Government

(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any

concurrence by the Federal Government in or approval of the solicitation or award of the

underlying contract, absent the express written consent by the Federal Government, the Federal

Government is not a party to this contract and shall not be subject to any obligations or

liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that

contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or

in part with Federal assistance provided by FTA. It is further agreed that the clause shall not

be modified, except to identify the subcontractor who will be subject to its provisions.

12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

AND RELATED ACTS




April 12, 2017 – Page 89

31 U.S.C. 3801 et seq.

49 CFR Part 31 18 U.S.C. 1001

49 U.S.C. 5307

Program Fraud and False or Fraudulent Statements or Related Acts (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act

of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud

Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon

execution of the underlying contract, the Contractor certifies or affirms the truthfulness and

accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining

to the underlying contract or the FTA assisted project for which this contract work is being

performed. In addition to other penalties that may be applicable, the Contractor further

acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,

statement, submission, or certification, the Federal Government reserves the right to impose

the penalties of the Program Fraud Civil

Remedies Act of 1986 on the Contractor to the extent the Federal Government deems

appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,

or fraudulent claim, statement, submission, or certification to the Federal Government under a

contract connected with a project that is financed in whole or in part with Federal assistance

originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves

the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the

Contractor, to the extent the Federal Government deems appropriate.

(3) The Contractor agrees to include the above two clauses in each subcontract financed in

whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses

shall not be modified, except to identify the subcontractor who will be subject to the

provisions.

13. TERMINATION

49 U.S.C. Part 18

FTA Circular 4220.1E

a. Termination for Convenience (General Provision) The (Recipient) may terminate this

contract, in whole or in part, at any time by written notice to the Contractor when it is in the

Government's best interest. The Contractor shall be paid its costs, including contract close-out

costs, and profit on work performed up to the time of termination. The Contractor shall

promptly submit its termination claim to (Recipient) to be paid the Contractor. If the

Contractor has any property in its possession belonging to the (Recipient), the Contractor will

account for the same, and dispose of it in the manner the (Recipient) directs.

b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does




April 12, 2017 – Page 90

not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for

services, the Contractor fails to perform in the manner called for in the contract, or if the

Contractor fails to comply with any other provisions of the contract, the (Recipient) may

terminate this contract for default. Termination shall be effected by serving a notice of

termination on the contractor setting forth the manner in which the Contractor is in default.

The contractor will only be paid the contract price for supplies delivered and accepted, or

services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the (Recipient) that the Contractor had an excusable reason for not

performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the

control of the Contractor, the (Recipient), after setting up a new delivery of performance

schedule, may allow the Contractor to continue work, or treat the termination as a termination

for convenience.

c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the

case of a termination for breach or default, allow the Contractor [an appropriately short period

of time] in which to cure the defect. In such case, the notice of termination will state the time

period in which cure is permitted and other appropriate conditions

If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the

terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by

Contractor of written notice from (Recipient) setting forth the nature of said breach or default,

(Recipient) shall have the right to terminate the Contract without any further obligation to

Contractor. Any such termination for default shall not in any way operate to preclude

(Recipient) from also pursuing all available remedies against Contractor and its sureties for

said breach or default.

d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its

remedies for any breach by Contractor of any covenant, term or condition of this Contract,

such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of

that or of any other term, covenant, or condition of this Contract.

14. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION

(NONPROCUREMENT)

Suspension and Debarment

This contract is a covered transaction for purposes of 49 CFR Part 29. As such,

the contractor is required to verify that none of the contractor, its principals, as

defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are

excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must

include the requirement to comply with 49 CFR 29, Subpart C in any lower tier




April 12, 2017 – Page 91

covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as

follows:

The certification in this clause is a material representation of fact relied upon by

the City of Wichita. If it is later determined that the bidder or proposer

knowingly rendered an erroneous certification, in addition to remedies available

to the City of Wichita, the Federal Government may pursue available

remedies, including but not limited to suspension and/or debarment. The bidder

or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C

while this offer is valid and throughout the period of any contract that may arise

from this offer. The bidder or proposer further agrees to include a provision

requiring such compliance in its lower tier covered transactions.

CERTIFICATION REGARDING

DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

PRIMARY COVERED TRANSACTIONS

I certify, by agreement of this contract, that neither

____________________________________________

nor any of its principals or subcontractors with a price equaling or exceeding $25,000 to be awarded, that

are a part of this offer is presently debarred, suspended, proposed for disbarment, declared ineligible, or

voluntarily excluded from participation in Federal assistance programs or activities under Executive

Order 12549 (Debarment and Suspension), and neither _________________________________ __

nor any of its principals or subcontractors, is listed on the General Services Administration’s list of Parties

Excluded from Federal Programs (available through the Internet at

(http://epls.arnet.gov/servlet/EPLSSearchMain/1) and on the HHS/OIG List of Excluded

Individuals/Entities (available through the Internet at http://exclusions.oig.hhs.gov/search.html), and

neither ____________________________ ____ ,

nor any of its principals or subcontractors has, 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, falsification or destruction of records, making false

statements, or receiving stolen property; are not presently indicted for or otherwise criminally or civilly

charged by a government entity (federal, state, or local) with commission of any of the offenses; and 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.

Where the party is unable to certify to any of the statements in this certification, such party shall attach

(name of supplier, independent contractor, or offering party)



http://exclusions.oig.hhs.gov/search.html




April 12, 2017 – Page 92

an explanation to this offer.

Where a party fails to submit and complete this certification, such party’s offer shall be determined to be

an incomplete submission.

Business/Supplier/Independent Contractor/Individual

Name:

Federal Tax ID No.:

DUNS No.:

Address:

By (individual or authorized representative)

Name (signed):

Name (printed):

Title:

Date:

15. PRIVACY ACT

5 U.S.C. 552

Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any

system of records on behalf of the Federal Government under any contract:

(1) The Contractor agrees to comply with, and assures the compliance of its employees with,

the information restrictions and other applicable requirements of the Privacy Act of 1974,

5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of

the Federal Government before the Contractor or its employees operate a system of records on

behalf of the Federal Government. The Contractor understands that the requirements of the

Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those

individuals involved, and that failure to comply with the terms of the Privacy Act may result in

termination of the underlying contract.

(2) The Contractor also agrees to include these requirements in each subcontract to administer

any system of records on behalf of the Federal Government financed in whole or in part with

Federal assistance provided by FTA.

16. CIVIL RIGHTS REQUIREMENTS

29 U.S.C. § 623, 42 U.S.C. § 2000

42 U.S.C. § 6102, 42 U.S.C. § 12112

42 U.S.C. § 12132, 49 U.S.C. § 5332

29 CFR Part 1630, 41 CFR Parts 60 et seq.

Civil Rights




April 12, 2017 – Page 93

The following requirements apply to the underlying contract:

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42

U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §

6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and

Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate

against any employee or applicant for employment because of race, color, creed, national

origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable

Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity - The following equal employment opportunity

requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights

Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the

Contractor agrees to comply with all applicable equal employment opportunity requirements of

U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance

Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq.,

(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended

by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal

Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,

executive orders, regulations, and Federal policies that may in the future affect construction

activities undertaken in the course of the Project. The Contractor agrees to take affirmative

action to ensure that applicants are employed, and that employees are treated during

employment, without regard to their race, color, creed, national origin, sex, or age. Such

action shall include, but not be limited to, the following: employment, upgrading, demotion or

transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other

forms of compensation; and selection for training, including apprenticeship. In addition, the

Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,

as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor

agrees to refrain from discrimination against present and prospective employees for reason of

age. In addition, the Contractor agrees to comply with any implementing requirements FTA

may issue.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as

amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements

of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal

Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,

pertaining to employment of persons with disabilities. In addition, the Contractor agrees to

comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in




April 12, 2017 – Page 94

whole or in part with Federal assistance provided by FTA, modified only if necessary to

identify the affected parties.

17. BREACHES AND DISPUTE RESOLUTION

49 CFR Part 18


Disputes

Disputes arising in the performance of this Contract which are not resolved by agreement of

the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of

employee]. This decision shall be final and conclusive unless within [ten (10)] days from the

date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the

[title of employee]. In connection with any such appeal, the Contractor shall be afforded an

opportunity to be heard and to offer evidence in support of its position. The decision of the

[title of employee] shall be binding upon the Contractor and the Contractor shall abide be the

decision.

Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall

continue performance under this Contract while matters in dispute are being resolved.

Claims for Damages - Should either party to the Contract suffer injury or damage to person or

property because of any act or omission of the party or of any of his employees, agents or

others for whose acts he is legally liable, a claim for damages therefor shall be made in writing

to such other party within a reasonable time after the first observance of such injury of

damage.

Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and

other matters in question between the (Recipient) and the Contractor arising out of or relating

to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in

a court of competent jurisdiction within the State in which the (Recipient) is located.

Rights and Remedies - The duties and obligations imposed by the Contract Documents and

the rights and remedies available thereunder shall be in addition to and not a limitation of any

duties, obligations, rights and remedies otherwise imposed or available by law. No action or

failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right

or duty afforded any of them under the Contract, nor shall any such action or failure to act

constitute an approval of or acquiescence in any breach thereunder, except as may be

specifically agreed in writing.

18. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

49 CFR Part 26




April 12, 2017 – Page 95

Disadvantaged Business Enterprises

a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part

26, Participation by Disadvantaged Business Enterprises in Department of Transportation

Financial Assistance Programs. The national goal for participation of Disadvantaged Business

Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 2.12_ %. A

separate contract goal [of _5_ % DBE participation has] been established for this

procurement.

b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the

performance of this contract. The contractor shall carry out applicable requirements of 49

CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the

contractor to carry out these requirements is a material breach of this contract, which may

result in the termination of this contract or such other remedy as the City of Wichita deems

appropriate. Each subcontract the contractor signs with a subcontractor must include the

assurance in this paragraph (see 49 CFR 26.13(b)).

c. Bidders/offerors are required to document sufficient DBE participation to meet these goals

or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR

26.53. Award of this contract is conditioned on submission of the following [concurrent

with and accompanying an initial proposal]

1. The names and addresses of DBE firms that will participate in this contract;

2. A description of the work each DBE will perform;

3. The dollar amount of the participation of each DBE firm participating;

4. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor

whose participation it submits to meet the contract goal;

5. Written confirmation from the DBE that it is participating in the contract as provided in

the prime contractor’s commitment; and

6. If the contract goal is not met, evidence of good faith efforts to do so.

[Bidders][Offerors] must present the information required above [as a matter of

responsiveness] [with initial proposals] (see 49 CFR 26.53(3)).

d. The contractor is required to pay its subcontractors performing work related to this contract

for satisfactory performance of that work no later than 30 days after the contractor’s receipt of

payment for that work from the City of Wichita. In addition, [the contractor may not hold

retainage from its subcontractors.] e. The contractor must promptly notify the City of Wichita, whenever a DBE subcontractor

performing work related to this contract is terminated or fails to complete its work, and must

make good faith efforts to engage another DBE subcontractor to perform at least the same




April 12, 2017 – Page 96

amount of work. The contractor may not terminate any DBE subcontractor and perform that

work through its own forces or those of an affiliate without prior written consent of the City of

Wichita.

19. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS


Incorporation of Federal Transit Administration (FTA) Terms

The preceding provisions include, in part, certain Standard Terms and Conditions required by

DOT, whether or not expressly set forth in the preceding contract provisions. All contractual

provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by

reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be

deemed to control in the event of a conflict with other provisions contained in this Agreement.

The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any

(name of grantee) requests which would cause (name of grantee) to be in violation of the FTA

terms and conditions.

20. CONFORMANCE WITH NATIONAL ITS ARCHITECTURE

(For Projects with ITS contracts only)

To the extent applicable, the Recipient agrees to conform to the National

Intelligent Transportation Systems (ITS) Architecture and Standards as

required by 23 U.S.C. § 5307© and, comply with FTA Notice, “FTA

National ITS Architecture Policy on Transit Projects” 66 Fed. Reg. 1455

et. seq., January 8, 2001, and the subsequent further implementing

directives, except to the extent FTA determines otherwise in writing.

21. NOTIFICATION OF FEDERAL PARTICIPATION

Applies ONLY to contracts for goods and services, including construction, valued at over

$500,000.

In the announcement of any third party contract award for goods or services (including

construction services) having aggregate value of $500,000 or more, the Contractor agrees to

specify the amount of Federal assistance to be used in financing that acquisition of goods and

services and to the expressed amount of that Federal assistance as a percentage of that total

cost of that third party contract.


RFP: Automatic Fare Collection (AFC) System Appendix C FTA Certifications


April 12, 2017 – Page 97

Appendix C – Federal Transit Administration Certifications




April 12, 2017 – Page 98

A. BUY AMERICA COMPLIANCE CERTIFICATION

Certification requirement for procurement of steel, iron, or manufactured products.

Certificate of Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1)

and the applicable regulations in 49 C.F.R. Part 661.5.

Date _______________________________________________________________________

Signature ___________________________________________________________________

Company Name ______________________________________________________________

Title _______________________________________________________________________

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.

5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.

5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date _______________________________________________________________________

Signature ___________________________________________________________________

Company Name _____________________________________________________________

Title _______________________________________________________________________




April 12, 2017 – Page 99

B. LOBBYING

APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to

any person for influencing or attempting to influence an officer or employee of an agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection

with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal

loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,

amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for

making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or

employee of Congress, or an employee of a Member of Congress in connection with this Federal

contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard

Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by

"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:

Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying

Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]

(3) The undersigned shall require that the language of this certification be included in the award

documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,

loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this

transaction was made or entered into. Submission of this certification is a prerequisite for making or

entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure

Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of

not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or

fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not

less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each

statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees

that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

__________________________ Signature of Contractor's Authorized Official

__________________________ Name and Title of Contractor's Authorized Official

___________________________ Date




April 12, 2017 – Page 100

C. Debarment and Suspension

I certify, by agreement of this contract, that neither

____________________________________________ ___,

nor any of its principals or subcontractors with a price equaling or exceeding $25,000 to be awarded, that

are a part of this offer is presently debarred, suspended, proposed for disbarment, declared ineligible, or

voluntarily excluded from participation in Federal assistance programs or activities under Executive

Order 12549 (Debarment and Suspension), and neither _________________________________ __

nor any of its principals or subcontractors, is listed on the General Services Administration’s list of Parties

Excluded from Federal Programs (available through the Internet at

(http://epls.arnet.gov/servlet/EPLSSearchMain/1) and on the HHS/OIG List of Excluded

Individuals/Entities (available through the Internet at http://exclusions.oig.hhs.gov/search.html), and

neither ____________________________ ____ , nor any of its principals or subcontractors

has, 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,

falsification or destruction of records, making false statements, or receiving stolen property; are not

presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or

local) with commission of any of the offenses; and 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.

Where the party is unable to certify to any of the statements in this certification, such party shall attach

an explanation to this offer.

Where a party fails to submit and complete this certification, such party’s offer shall be determined to be

an incomplete submission.

Business/Supplier/Independent Contractor/Individual

Name:

Federal Tax ID No.:

DUNS No.:

Address:

By (individual or authorized representative)

Name (signed):

Name (printed):

Title:

Date:




http://exclusions.oig.hhs.gov/search.html




April 12, 2017 – Page 101

D. DBE Approval Certification

DBE Approval Certification (to be submitted with proposal)

I hereby certify that the Proposer has complied with the requirements of 49 CFR 23.67,

Participation by Disadvantaged Business Enterprises in DOT Programs.

Signature of Proposer's Authorized Official Name and Title of Proposer's Authorized Official

Date

City of Wichita, Kansas Information Technology Department

RFP: Automatic Fare Collection (AFC) System Appendix B – IT Technology Agreement


April 12, 2017 – Page 102

E. DBE Contract Goal

REQUIRED

CONTRACTPROVISION

DBECONTRACTGOAL

Project: Automatic Fare Collection System

The total dollar goal to be subcontracted to KDOT-Certified DBE firms on this

contract i s __5_%. List all Certified DBE subcontractors to be utilized. For each DBE subcontractor, identify the

description of work and the dollar value of the work to be subcontracted to the DBE.

IDENTIFICATION OF DBE PARTICIPATION

Name of Certified DBE

Subcontractor

Description of Work $ Value of work

$

$

$

$

$

$

$

$

$

$

$

Total Certified DBE

$

Total Percentage of DBE Goal

If additional sheets are needed, attach to this sheet. However, show the contract total on this sheet. A list of Certified DBEs can be found in the Directory of Disadvantaged Business Enterprises at KDOT's website: http://www .ksdot.org/divAdmin/DBEConstruction/dbedir.aspx.

http://www/

LIABILITY INSURANCE SPECIFICATIONS

The Successful Bidder will be required to furnish a Certificate of Insurance (prior to the Purchase Order, Agreement, or Contract being issued) with the following minimum coverage: 1. Commercial General Liability Covering premises---operations, xcu hazards, Product/Completed Operations, Broad Form

Property Damage and Contractual Liability with minimum limits as follows: Bodily Injury Liability $500,000 Each Occurrence $500,000 Each Aggregate Property Damage Liability $500,000 Each Occurrence $500,000 Each Aggregate Or Bodily Injury and Property Damage $500,000 Each Occurrence Liability (Combined Single Limit) $500,000 Each Aggregate 2. Comprehensive Automobile Liability All Owned, Non-Owned, and Hired vehicles with minimum limits as follows: Bodily Injury Liability $500,000 Each Accident Property Damage Liability $500,000 Each Accident Or Bodily Injury and Property Damage Liability (Combined Single Limit) $500,000 Each Accident 3. Workers' Compensation Statutory Employers Liability $100,000 Each Accident $500,000 Aggregate $100,000 Occupational Disease The Insurance Certificate must contain the following: The City of Wichita shall be added as primary and non-contributory additional

insured. The policy shall also provide coverage for contractor’s/vendor’s contractual obligations created in the Agreement. Coverage shall be the greater of the requirements stated here or the contractor’s existing policy.

The Certificate of Insurance must be submitted within ten (10) days after notification of award to the City of Wichita Purchasing Manager, City Hall, 12th Floor, 455 North Main, Wichita, Kansas, 67202-1694.

END OF SPECIFICATIONS (R08-2015)

Challenges and Protests

Challenges

A challenge is defined as a written objection by any party interested in responding to either a bid or proposal (collectively referred to as solicitations), when that party wishes to have the City consider an addition, substitution or modification to the specifications stated in the outstanding solicitation. The written challenge of the solicitation specifications must be filed with the Purchasing Manager located on the 12th Floor, Finance Department at City Hall, 455 N Main, Wichita, KS 67202, telephone number (316)268-4636, at least five (5) business days before the solicitation opening due date and time as listed on the solicitation documents. Any challenge to solicitation specifications received after the five (5) business days deadline will not be considered by the City. The Purchasing Manager will acknowledge receipt of the challenge. The written challenge is to include the name, address, email address and telephone number of the interested party, identification of the solicitation number and project title, a detailed statement of the reasons for the challenge, supporting evidence or documentation to substantiate any arguments, and the form of relief requested, e.g. the proposed addition, substitution or modification to the specifications. The Purchasing Manager will investigate the written challenge and any evidence or documentation submitted with the challenge. In the event of a timely challenge of the solicitation specifications to the Purchasing Manager, the affected pending solicitation shall not proceed further until the challenge is resolved by Purchasing Manager decision. The Purchasing Manager will issue a written decision, which will be posted on the City’s e-procurement website, https://ep.wichita.gov, for viewing by all interested parties. The decision rendered by the Purchasing Manager will be final.

Protests

A protest is defined as a written objection to a proposed award, or the award of a contract, with the intention of receiving a remedial result. In order to be considered valid, a protest must 1) come from an actual bidder or proposer for the contract, 2) who claims to be the rightful award recipient, 3) whose economic interest may be affected substantially and directly by the award of a contract or by the failure to award a contract. Suppliers or subcontractors to a bidder or proposer cannot file a valid protest. A valid protest can only be filed by a bidder or proposer which can show that it would be awarded the contract if the protest were successful. Therefore, all conditions numbered 1 through 3 listed above in this paragraph must be met. . The written protest for bids must be filed with the Contract Compliance Officer located on the 12th Floor, Finance Department, City Hall, 455 N Main, Wichita, KS prior to 9:00 a.m. of the Tuesday immediately following the posting of the notice of intent to award on the City’s e-procurement website at https://ep.wichita.gov under the bid results tab. Failure of a protestor to file a written protest related to the award of a contract prior to the 9:00 a.m., Tuesday deadline will invalidate that protest and cause it not to be considered.

The written protest for proposals must be filed with the Contract Compliance Officer located on the 12th Floor, Finance Department, City Hall, 455 N Main, Wichita, KS prior to 5:00 p.m. on the third business day following the day of issuing an email or written notification of award. Failure of a protestor to file a written protest related to the award of a contract prior to 5:00 p.m. on the third business day deadline will invalidate that protest and cause it not to be considered.

The Contract Compliance Officer will acknowledge receipt of the written protest. The written protest is to include the name, address, email address and telephone number of the protestor, identification of the



solicitation number or contract number and project title, a detailed statement of the reasons for the protest which justify the relief sought, supporting evidence or documentation to substantiate any arguments, and a concise statement of the form of relief requested (e.g. reconsideration of the offer). All the above required information must be included in the protest at its submission. Untimely protests will be returned unopened. Incomplete protests will be rejected without consideration. In the event of a valid, timely protest, the City shall not proceed with the execution of the contract until all City administrative remedies have been exhausted or waived, or until a determination is made that a contract award is required to protect the interests of the City. The decision of the Contract Compliance Officer, based on review of the written protest and information available from City sources, will be rendered within ten (10) business days after receipt of protest, will recite the reasons for the decision, and be provided to the protestor by email or written notification. The protestor may seek reconsideration of the decision of the Contractor Compliance Officer in writing to the Internal Auditor located on the 13th Floor, City Manager Office, City Hall, 455 N Main, Wichita, KS prior to 5:00 p.m. on the third business days following the day of issuing an email or written notification of decision. Failure of a protestor to file a written reconsideration request related to the Contract Compliance decision prior to 5:00 p.m. on the third business day deadline will invalidate that protest and cause it not to be considered. The Internal Auditor’s decision will be issued by email or written notification within ten (10) business days after receiving the written reconsideration, unless this time for a response is extended in writing and agreeable by both parties. The Internal Auditor’s decision will be final, unless the protestor seeks a hearing before the City Council, by written request filed with the City Clerk, located on the 13th Floor, City Hall, 455 N Main, Wichita, KS, prior to 5:00 p.m. on the third business day following the day of issuing an email or written notification of the Internal Auditor’s decision. Failure of a protestor to file a written reconsideration request related to the Internal Auditor’s decision prior to 5:00 p.m. on the third business day deadline will invalidate that protest and cause it not to be considered. If there is timely written reconsideration request, the protestor may seek reconsideration of the decision of the Internal Auditor by means of a hearing before the City Council. This hearing shall be in aid of the City Council’s legislative authority to approve contracts for goods, services and public improvements on behalf of the City, and does not imply any due process right of the protestor in an unawarded, unexecuted contract. The hearing shall be scheduled as soon as practicable according to the City Council’s calendar. The hearing shall be granted only upon such facts and issues as are presented in writing to the City Clerk for submission to City Council at or before noon on the Thursday preceding the scheduled hearing. No documents or other evidence shall be accepted at the hearing. The protesting party shall have available no more than 20 minutes for presentation of argument, followed by no more than 20 minutes of argument presented by City staff. The City Council may deliberate in executive session to seek the assistance of the City Attorney, but shall deliver its decision from the bench during the City Council meeting. If a written protest is made against any proposed award or the award of a contract that relies in part on federal funding, then the Contract Compliance Officer shall notify the Granting Authority in writing with all information regarding the protest. A protestor must exhaust all administrative remedies with the City of Wichita before pursuing a protest with the Granting Authority. Protestors are put on notice that according to federal regulations, certain determinations made at the local level are not subject to appeal to the Granting Authority. If a review is granted by the Granting Authority, it will be limited to: (1) the City of Wichita’s failure to have or follow its protest procedures, or its failure to review a complaint or protest; or (2) violations of Federal law or regulations. The Contract Compliance Officer will provide notice to the Granting Authority Regional Office or Headquarters Office of any request for reconsideration before the Internal Auditor, and also provide notice of the decision rendered by the Internal Auditor, or any alternative resolution reached.

RFP CONDITIONS

1. Certification 1-The Consultant hereby certifies that:

A. The Consultant has not employed or retained for a commission, percentage, brokerage, contingent fee, override or other consideration, any firm or person at any time or for any purpose, (other than a bona fide employee working solely for the above Consultant) to solicit or secure this Agreement. B. The Consultant has not agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out the Agreement. C. The Consultant has not paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement, except as here expressly stated (if any).

2. Certification 2- The Consultant hereby certifies that: No Lobbying and Influencing Federal and/or City Employees or City Council Members: (a) No Federal or locally appropriated funds shall be paid, by or on behalf of the contractor, to any

person for influencing or attempting to influence an officer or employee of any agency, an officer or employee or City Council member of the City of Wichita, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant.

(b) 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 any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities" in accordance with its instruction.

3. Certification 3-The Consultant hereby certifies that:

Conflict of Interest The Consultant certifies that no member, officer, employee, agent, or City Council member of the City of Wichita member exercising any functions or responsibilities with respect to the program outlined in this contract shall have any personal financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Consultant shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purposes of this section. The Consultant shall use due diligence to ensure employees, Board members, family members and officers do not participate in contracts receiving funds pursuant to this agreement.

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KANSAS OPEN RECORDS ACT Pursuant to the Kansas Open Records Act (K.S.A. 45-215 et seq.), all proposals received become a public record once award of the contract or agreement has been approved by the City Council. Bidders should not expect the City to seek confidentiality protection for any claimed privileged or proprietary information in the written proposal just because the material is marked "confidential" or "proprietary." For any essential information that the bidder reasonably believes can be defended as being exempt from disclosure under the Act, the informal must be capable of being separated or redacted from the balance of the proposal and should be clearly and specifically marked as confidential or proprietary. For any material so designated, the City will seek to claim confidentiality if the justification for such confidentiality is readily apparent or if the bidder requests that the City to contact the bidders for guidance before making the material public. The City cannot guarantee the confidentially of claimed material, however. SUBCONTRACTING/JOINT VENTURES Vendors are encouraged to consider subcontracting portions of the contract to emerging and disadvantaged businesses and women-owned businesses. A joint venture between two or more vendors is wholly acceptable if it serves the best interests of the City of Wichita. If this is done, the names of the proposed subcontracting vendors must be clearly identified in the proposal. Following an award of the contract, no additional subcontracting will be permitted without the express prior written consent of the City of Wichita. The firm receiving the contract award will be responsible for any work of such subcontractors and sign the contract with the City of Wichita. EMERGING AND DISADVANTAGED BUSINESS PARTICIPATION

The City of Wichita encourages all bidders to include emerging and disadvantaged business participation in their proposals. Therefore, each vendor shall specifically identify the participation of emerging and disadvantaged contractors and subcontractors in the work to be performed by the vendor and shall list such emerging and disadvantaged contractors or subcontractors by name and show the dollar amount of work to be performed by each in the proposal.

GENERAL SPECIFICATIONS

PROPOSAL FORMS All proposals MUST be submitted and signed by an officer or employee authorized to sign proposal. Any exceptions, to the specifications, terms and/or other conditions concerning the proposal, must be noted in the “Proposal" to be considered. The "Proposal" is to be submitted in an envelope showing a return address, the proposal number and due date. Vendors are requested to submit current literature or brochures relating to their proposal.

CONFLICT OF INTEREST The firm is required to disclose that it has no conflict of interest with regard to any officer or employee of the companies involved including the City of Wichita.

LICENSE Vendors bidding on commodities or services for the City of Wichita must be currently licensed by the City of Wichita or the State of Kansas, where applicable, before a purchase order or contract will be issued.

CONTRACT The successful vendor agrees to enter into a contract with the City, and when required, as per specifications, to furnish bond by a surety company authorized to do business in the State of Kansas.

EMERGING & DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION ENCOURAGEMENT

The City of Wichita encourages all vendors to include emerging & disadvantaged business participation in their proposals.

ARBITRATION PROVISIONS "Notwithstanding anything to the contrary contained in these proposal documents or the contract to be awarded herein, the City shall not be subject to arbitration and any clause relating to arbitration contained in these proposal documents or in the contract to be awarded herein shall be null and void."

ANTITRUST LITIGATION CLAUSE "For good cause, and as consideration for executing a purchase order/contract, the contractor, acting therein by and through its authorized agent, hereby conveys, sells, assigns, and transfers to the City of Wichita, all rights title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Kansas, relating to the particular product, products, or services purchased or acquired by the City of Wichita, Kansas, pursuant to a purchase order/contract.

CONSTRUCTION - PAVING PROJECTS

On construction or paving projects, contractors MUST contact the City Controller's Office, City Hall, 12th Floor, 455 North Main Street for a Kansas Sales Tax Exemption Certificate prior to starting work. Contractors will be responsible for paying Kansas Sales Tax on any purchase for these projects made before the certificate is issued.

RESTORATION "Contractor shall, as a condition of final payment, restore all right-of-way and adjacent private property which has been disturbed, damaged or otherwise affected by construction to a condition equal to or better than existed prior to the commencement of construction. Such restoration shall include but not be limited to regrading and seeding of areas where grass was planted and growing prior to construction; provided, however, such regrading and seeding of lawn areas, when completed, shall be considered to be restoration of an area to a condition equal to or better than previously existing grass growth and Contractor shall have no responsibility to ensure growth of such seeded area(s). This restoration shall be considered part of the contract work and Contractor shall be responsible for the performance of such restoration work in the same manner as it is responsible for the performance of the contract work."

FEDERAL EXCISE TAX The articles specified in this proposal are for the exclusive use of the City of Wichita, Kansas. Therefore, Federal Excise Tax shall not be imposed. The City of Wichita, Kansas Federal Excise Tax Exemption Certificate Number is 48 77 0021K.

ESTIMATED QUANTITIES If estimated quantities are shown, on the "Request For Formal Proposal" form, they are used to evaluate the proposal only. The figure(s) listed is the estimated usage only and is not intended to limit or guarantee in any way, the amount the City may purchase under the purchase order/contract. CITY OF WICHITA CREDIT CARD Presently, many City Agencies use a City of Wichita Procurement Card (Visa) in lieu of a City warrant to pay for some of its purchases. No additional charges will be allowed for using the card.

DELIVERY Delays in delivery caused by bona fide strikes, government priority or requisitions, riots, fires, sabotage, acts of God or any other delays deemed by the Purchasing Manager to be clearly and unequivocally beyond the contractor's control, will be recognized by the City, and the contractor will be relieved of the responsibility of meeting the delivery time, as stipulated in the contract, upon contractor's filing with the Purchasing Manager a notarized just and true statement signed by a responsible official of the contractor's company, giving in detail all the essential circumstances which, upon verification by the City, justifies such action by the Purchasing Manager.

AWARD The City, through its Purchasing Manager reserves the right to accept or reject any or all proposals and any part of parts of any proposal and to waive formalities therein to determine which is the most beneficial proposal. Any proposal which is incomplete, conditional, obscure, or which contains additions not called for or irregularities of any kind, may be cause for rejection of the proposal. All proposals are awarded subject to a check of the computations shown on the "Request For Proposal" form. In the event of a discrepancy in the extension(s) or total for the item(s), the unit cost shall prevail. Vendors must guarantee proposal prices for a period of ninety (90) days after the proposal.

REQUEST FOR PROPOSAL NO. FP740026 REQUEST FOR PROPOSAL NO. – FP740026 Sealed Request for Proposal...

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Transcript of REQUEST FOR PROPOSAL NO. FP740026 REQUEST FOR PROPOSAL NO. – FP740026 Sealed Request for Proposal...