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HomeMy WebLinkAbout25H - AGMT - SECURE BIKE PARKINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 3, 2013 TITLE: AGREEMENT WITH ACIRE, INC., FOR SECURE BIKE PARKING FACILITIES PROJECT 13-6791 CI ANAGER APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement with Acire, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide design-build services for construction of secure bike parking facilities for the not-to-exceed amount of $200,622. 2. Approve a Cost Analysis for a total estimated project delivery cost of $234,275. DISCUSSION On June 21, 2010, the City Council authorized a project funding application for the Secure Bike Parking Facilities Project through the Federal Transportation Enhancement Program administered by the Orange County Transportation Authority (OCTA). On December 16, 2011, OCTA allocated $164,250 of Federal Transit Administration Section 5307 funds for this project which will provide facilities for commuters to securely lock up and safely access their bicycles in the Civic Center and Downtown areas. On December 3, 2012, the City Council approved a Cooperative Work Agreement with OCTA to proceed with the project. A Request for Proposals (RFP) was posted on the City website for a period of 15 days. One proposal was submitted and evaluated by the Public Works Agency. Review criteria included qualifications of the firm and the project team, capacity to perform the required work, review of similar installations, references, and responsiveness to the RFP. Following the proposal review, the fee schedule was examined and found to be under the project estimate. As a result, staff is recommending that the firm of Acire, Inc., be retained for the required services in the not-to-exceed amount of $200,622. The agreement will include a service component for maintenance, repair, and management of facilities for a period of one year, with option for five one-year renewals. 25H-1 Agreement with Acire, Inc., for Secure Bike Parking Facilities Project 13-6791 June 3, 2013 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, an environmental review was conducted, resulting in Categorical Exemption No. 2010-95 being filed for this project. In addition, a Certification of Categorical Exclusion has been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT Funds have been appropriated in the FY12/13 CIP in the Select Street Construction Account (Account 05917660-66220), Civic Center Capital Projects Fund (Account 07413260-66220), and Measure M2 Street Construction Fund (Account 03217662-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II , f Executive Directdf? Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency 6-(/ JM Gerardo Mouet Executive Director Parks, Recreation, & Community Services Agency JG/SF Exhibits: 1. Project Location Map 2. Cost Analysis 3. Agreement 25H-2 FXHIRIT 1 SANTA ANA PWA %AM 1 PUBLIC WORKS AGENCY RFCA Exhibit (YY-NNNN).dgn 5/13/2013 3:30:36 Title: ACNIEEAIENT WITH ACHE NC., FOR SECURE 8KE PARKN O FACLITES PROJECT 13-6791 25H-3 25H-4 COST ANALYSIS PROJECT NO. 13-6791 AGREEMENT WITH ACIRE, INC. FOR SECURE BIKE PARKING FACILITIES Design/Build Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED PROJECT DELIVERY COST EXHIBIT 2 $200,622 $8,591 $2,000 $3,000 $20,062 234 275 25H-5 25H-6 SERVICES AGREEMENT SECURE BIKE SHELTER PROJECT THIS AGREEMENT, made and entered into this 3Id day of June, 2013, by and between Acire, Inc. (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of providing secure bike parking systems. 2. Contractor represents that it is able and willing to provide such services to the City. 3. In undertaking the performance of this Contract, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Contract will be performed in compliance with such standards. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide all services required to design, procure, install, maintain and manage secure bike parking facilities (hereinafter "Scope of Work"), as detailed in Contractor's Proposal dated May 1, 2013, and in compliance with all terms and conditions set forth in City's Request for Proposals (RFP) 13-019, attached hereto as Exhibit A, and Exhibit B, respectively, and incorporated by this reference. The Parties agree that the initial installation will include one twelve bike facility, one twenty-four bike facility, and two public bike maintenance stands. Within six months the parties will agree on the site for the third system, at which time the installation schedule will be approved. Contractor shall provide a Standard site license for the BikeConnect Reservation and Management platform. Contractor shall provide video surveillance, with a 30-day data retention period, at no additional charge to City. Contractor shall implement and manage the BikeConnect System, and shall collect reservation/subscription fees at the rates set by City for use of the City facilities. It shall be Contractor's responsibility to provide the specific services set forth in the Scope of Work. Nothing in the Contract Documents shall be construed to limit the Contractor's responsibility to manage the details and execution of its Work, it being understood that the City is relying on Contractor's experience with designing, conducting, managing and operating similar projects in other cities. The Contractor will furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the completion of the project described herein. Exhibit 3 25H-7 11. CONTRACT DOCUMENTS This Contract consists of this Agreement and Exhibits, the BikeConnect Product License, attached as Attachment 1, and the Warranty, attached as Attachment 2. 111. INTELLECTUAL PROPERTY The City requires the following regarding copyrighting and patent pending on work products pertaining to this Contract: a. Copyright: All work products of the Contractor which result from this Contract are the exclusive property of the City. If this Contract results in a copyright, the City of Santa Ana reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for governmental purposes, the work or the copyright to any work developed under this Contract and any rights of copyright to which the Contractor or its sub-vendor, purchases ownership with grant support. At termination of contract, all necessary software and firmware licenses shall be made available to the City with applicable fees. b. Patent: If this Contract results in the production of patentable items, patent rights, processes, or inventions, the Contractor or any of its sub-vendors shall immediately notify the City. The City will provide the Contractor with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest, in accordance with federal guidelines. c. Contractor is responsible for providing City with any known intellectual property held by Contractor and being purchased under license agreement by City. IV. TERM The term of this contract shall commence on the date of award by City Council. The design and installation contract shall be complete upon the City's delivery to Contractor of written acceptance of the secure bike facilities, at which time the warranty period shall commence. The one-year maintenance and support period shall commence on City's delivery of written acceptance of the facilities, and may be renewed for up to five successive one-year periods. V. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. A ten percent (10%) contingency is available, at the direction of the Executive Director of the Public Works Agency, for unanticipated costs related to the procurement and installation of the bike parking facilities. The total amount City shall pay for all services related to the design, procurement and installation of the facilities, shall not exceed $220,684.00, during the term of this Agreement. 25H-8 2. Invoices a. The contractor shall submit monthly invoices, by the tenth day of the month, to the City for the milestones completed during the preceding month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: Contractor's invoice number Beginning and ending dates for services iii. City project number and/or name (if applicable) iv. Work site address/location (if applicable) V. Tasks completed 3. Payment by City shall be made within thirty (30) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth above. 4. Contractor shall quarterly remit to City by the 15`h day of March, June, September and December, fees paid by subscribers for BikeConnect subscriptions/reservations during the prior quarter. Said remittance shall be accompanied by a report setting forth the subscription fee, length of subscription term and reservations by nonsubscribers. 5. Adjustments to Charges. The parties may agree to an annual CPI adjustment for the maintenance and support charges, not to exceed 5%, at the renewal of the term, utilizing the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles-Anaheim-Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area. VI. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. VII. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain 25H-9 commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 5. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25H-10 VIII. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and/or materials) or contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. IX. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by telefacsimile, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92701 Fax 714-647-6956 With courtesy copy to: Public Works Agency - Design Engineering City of Santa Ana 20 Civic Center Plaza (M-36) Santa Ana, CA 92701 Fax 714-647-5635 To Contractor: Acire, Inc. Derek Fretheim 211 Simplicity Irvine, CA 92620 25H-11 Fax 949-275-6365 X. TERMINATION The City reserves the right to terminate the contract as follows: In the event Contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if Contractor violates any provision of this agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service as a result of Contractor's default. In the event of such termination for cause, City shall pay Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated by the City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. XI. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. XII. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current codes and requirements as adopted by Federal, State, County and City jurisdictions and as it may be amended or updated throughout the term of this contract. XIV. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, 25H-12 transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. XV. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. XVI. JURISDICTION -VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this contract. XVI. PERMITS AND LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Required City Building Permits shall be at no fee to Contractor. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. XVII. PROGRAM FRAUD AND FALSE AND FRAUDULENT STATEMENTS AND RELATED ACTS. A. 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. Accordingly, by signing this Agreement, 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 Agreement of the FTA assisted project for which this Agreement's work is being performed. Contractor also 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 penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. B. 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 an agreement connected with a project that is financed in whole or part with Federal assistance awarded by FTA under the 25H-13 authority of 49 U.S.C. §5307 et seq., the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n) (1) et seq. on the Contractor, to the extent the Federal Government deems appropriate. XVIII. CIVIL RIGHTS ASSURANCE During the performance of this Agreement, Contractor, for itself, its assignees and successors in interest agree as follows: A. Compliance with Regulations: Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination: Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the City as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with nondiscrimination provisions of this Agreement, the City shall impose Agreement sanctions as it may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the Agreement until the Contractor complies; and/or 2. Cancellation, termination, or suspension of the Agreement,-in whole or in part. F. Title VI of the Civil Rights Act. In determining the types of property or services to acquire, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance in violation of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000d et seq. and DOT regulations, "Nondiscrimination in Federally Assisted Programs of the 25H-14 Department of-Transportation-Effectuation of Title VI of the Civil Rights Act of 1964," 49 CFR Part 21. In addition, FTA Circular 4702.1, "Title VI and Title VI-Dependent Guidelines for FTA Recipients," 05-13-07, provides FTA guidance and instructions for implementing DOT's Title VI regulations. G. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities, as well as imposes specific requirements on public and private providers of transportation. XVI. ACCESS TO RECORDS AND REPORTS Contractor shall provide City, the Orange County Transportation Authority (OCTA), the U.S. Department of Transportation (DOT), the Comptroller General of the United States, or other agents of City, such access to Contractor's accounting books, records, payroll documents and facilities of the Contractor which are directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, records, work data, documents and activities related hereto. Contractor shall maintain such books, records; data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during Contractor's performance hereunder and for a period of four (4) years from the date of final payment by City. City's right to audit books and records directly related to this Agreement shall also extend to all first-tier subcontractors identified in this Agreement. Contractor shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. XVII. FEDERAL FUNDING REQUIREMENTS a. CLEAN WATER REQUIREMENTS. Contractor shall 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. Contractor shall report each violation to City and understands and agrees that the City will in turn, report each violation as required to assure notification to FTA and appropriate EPA Regional Office. Contractor agrees to include this requirement in all of its subcontracts. b. CLEAN AIR. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. Contractor shall report each violation to City, which will in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Contractor agrees to include this requirement in all of its subcontracts. c. BUY AMERICA. 1. CONTRACTOR is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a) and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing 25H-15 processes for steel and iron materials furnished for incorporation into the work on this Project shall occur in the United States; with the exception that pig iron and processed, pellitized and reduced iron ore manufactured outside of the United States may be used in domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. 2. A Certificate of Compliance, conforming to the provisions of this Article shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions listed herein. 3. The requirements imposed by law and regulations do not prevent a minimal use of foreign steel and iron materials of the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. Contractor shall furnish the City acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials in the work. d. RECYCLED PRODUCTS. Contractor shall 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. Contractor agrees to include this requirement in all of its subcontracts. e. PRIVACY ACT. Contractor shall 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, 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. 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 Agreement. FLY AMERICA REQUIREMENTS. 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 sub-recipient 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. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or 25H-16 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. Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. g. TRANSPORTATION OF EQUIPMENT, MATERIALS OR COMMODITIES BY OCEAN VESSEL. 1. Contractor shall utilize privately owned United States-flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, materials or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 2. Contractor shall furnish within twenty (20) working days following the date of loading for shipments originating within the United States, or within thirty (30) working days following the date of loading for shipping 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 paragraph 1 of this Article to City and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590, marked with appropriate identification of the project. h. INCORPORATION OF FTA TERMS. All contractual provisions required by Department of Transportation (DOT), whether or not expressly set forth in this document, as set forth in Federal Transit Administration (FTA) Circular 4220.1 F, as amended, 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. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the FTA terms and conditions. XVIII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 25H-17 ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez II, P.E. Executive Director Public Works Agency CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager ACIRE, INC. DEREK M. FRETHEIM President 25H-18 aci re f ncorporatecl 211 Simplicity Irvine. CA 92626 City of Santa Ana 949-275-6365 www.acireinccom Secure Bike Parking Facilities RFP #13-019 25H-19 Introduction Acire is pleased to present its qualifications, experience and secure bike parking products for the City of Santa Ana's consideration. Acire has partnered with Tolar Manufacturing for this opportunity. Acire's response includes solutions for 12 and 24 secure bike parking facilities, summary of pricing in an a-la- cart fashion, implementation plan with schedule and deliverables and summary of BikeConnect's software and services. Qualifications and Related Experience Acire's project team has a deep history in providing products and services to cities, regional planning organizations, transportation management associations and others who are charged with promoting sustainable transportation and alternatives to driving alone. In addition, Acire's project team consists of leaders who have demonstrated to deliver real and quantifiable transportation services. Acire provides products, strategies, tools and solutions that empower organizations and businesses operating in the public and non-profit sectors to operate more efficiently, communicate more effectively, and connect with their communities. We develop community-based transportation programs and services ranging from bike parking, bike sharing, car share, vanpool and other services. Acire pioneered the development of Mobility Hubs. A Mobility Hub provides first/last mile solutions for transit centers and stations. Acire partners with clients - we help organizations manage the process of integrating processes and leveraging their assets to realize the full potential of their organization's mission. Through our three primary service lines, we service, supply and support organizations ranging from government agencies to educational institutions, civic organizations and private industry doing business in the public sector. Acire's core services include: Community-based transportation services Technology solutions and communication services to support transportation initiatives Strategic and project management consulting In 2010, Acire was approached by the Los Angeles Metropolitan Transportation Authority to design a more cost effective solution to bike lockers. Acire conceived a modular system that would fit within a standard parking stall. In searching for manufacturing partners, Acire found Tolar Manufacturing, a transit shelter and street furniture manufacturer. Within a few months, a manufacturing partnership was developed. Tolar Manufacturing has been providing communities across America best-in-class bus shelters, street furniture and display structures. Tolar transit shelters and street furniture deliver the style, value and durability needed for public environments. Tolar Manufacturing has a creative design process, provide rigorous materials specifications and world-class manufacturing standards. Acire and Tolar developed a series of bike parking systems it co-markets under the BikeConnect brand. THE DESIGN PROCESS: Beautiful designs add to the aesthetics of the community and significantly enhance the streetscape. But style must be backed by substance, and Tolar in-house engineering department, using the latest design and fabrication software, is supplemented by engineers on retainer ad r(2, i nc 25H-20 i who are licensed in all 50 States, Territories and many Canadian Provinces using the latest design software. That assures that every bike parking structure is in compliance with local building codes. MATERIAL SPECIFICATIONS: The metals used in crafting our bike shelters, kiosks and other structures are specifically sourced for optimal strength during cutting, bending, drilling and welding. We invest in quality, because we know it takes the best to make the best. MANUFACTURING STANDARDS: Our products are fabricated in southern California by a team of experienced craftsmen to best-in-category levels of durability and structural integrity. Our powder coating process withstands high-pressure cleaning, graffiti removal solvents and the long-term impact of salt, sun and climate extremes. CUSTOM CAPABILITY: For structures installed in public spaces, style matters. Don't settle for generic designs-not when you can opt for a look that's unique to your project, your constituency and your community. With our state of the art engineering software, wide-ranging choices, your shelters and outdoor structures can deliver sizzle and substance. SUSTAINABILITY: Encouraging sustainability is now a critical business mandate and attractive bike parking facilities and shelters encourage mass transit utilization, an environmental positive. We offer shelters and benches made with recycled materials, a powder-coat process that produces no VOCs (volatile organic compounds) and LED lighting options powered by low-draw 110-volt or solar. Acire Organization Acire, Inc is a privately held California C-Corporation established in 2007. Acire's origins stem from a culmination of needs communicated from Municipal-oriented governments who desired focused energy with technology and transportation-related projects. Mr. Derek Fretheim is the company founder and organized the company utilizing his combined years of transportation management, technology, non- profit and community-relations experience. Acire's principle offices are located in Orange County, California BikeConnect BikeConnect origins stem from a culmination of needs communicated from municipal-oriented governments and college campuses that are grappling with ways to manage secure bike parking facilities, consolidate their bicycle programs and manage their bike assets. BikeConnect does this and more. BikeConnect is a centralized secure bike parking management and administration system that takes the headache out of bike program management and reporting. Whether an organization is managing a network of secure parking systems or needs to collect data on subscriber's access habits, BikeConnect software and services helps manage secure bike parking networks and provide tools that help cities promote, administer, and measure the impacts of bike programs and initiatives. We offer modular secure parking systems supported by a web-based software platform which means our client can use it wherever they have Internet access; at work, at home, or via your mobile phone. There are no CD's to install, download of any software, or worry about perpetual upgrades. a c i re, i n c 25H-21 BikeConnect Objective Provide a robust set of bike parking facilities, software, services and related products that support networked bike facilities and operations which result in greater mobility options and greater efficiency in reporting carbon and other emission reductions. Acire's Partial Government and Non Profit Transportation Client List Metro, Los Angeles SCAG Norwalk Transit Santa Barbara MTD San Jose Department of Transportation LBA2TRA Burbank City Centre TMA VTA Santa Clara County City of Glendale City of Torrance Mineta San Jose International Airport City of Costa Mesa Long Beach Airport Long Beach Energy Long Beach Police Department Long Beach City Auditor LA County Supervisor Don Knabe OCTA SCAQM D Metro New York, Long Island Bus Foothill Transit Caltrans West Hollywood TMO Torrance Transit City of West Hollywood City of Compton City of Long Beach City of West Covina Long Beach Police Officers Association Long Beach Water Long Beach Fire Department Long Beach Parks and Recreation Long Beach Youth Services Network Los Angeles County Office of Small Business Tolar Manufacturing has provided bike centers, transit shelters,. outdoor furniture and other related products to over 500 cities, transit and other municipal agencies, including the City of Santa Ana. References for both companies are provided in the exhibits. aci rcf i roc 25H-22 The Acire - BikeConnect Team Mr. Derek Fretheim will serve as principal-in-charge and project manager for this project. Below is the organizational chart for Acire's Team. Derek Fretheim Principal-in-charge; Project Manager Veronica Williams Kerry Berlin Technology Lead Tolar, Project Manager Construction Services To be bid a h2, i h e Tolar Manufacturing Patrick Merrick VP; Principal-in-charge Eli Meza Engineering, Lead Engineering Review Tolar Gabriel Guzman Production, Lead Installation Services Tolar 25H-23 Acire - BikeConnect Team Derek M. Fretheim, President Mr. Fretheim has been providing technology solutions and business processes to the transportation industry since 1990. He has the unique ability to comprehend complex business needs and develop technology solutions to resolve business processes. In doing so, he has pioneered a number of firsts in both the self service kiosk and transportation industries. In addition, Mr. Fretheim is quite versed with transportation funding and the political aspects of securing grant revenue having secured more than $115 million for a variety of transportation-related projects. Community Bike Products - Mr. Fretheim has developed a number of bike products and programs. Aside from developing BikeConnect's product line and web-based architecture, Mr. Fretheim designed a self-service bike share system for Bike Nation. This work includes designing Bike Nation's kiosk, bike dock, web site and kiosk operating system. Mr. Fretheim also developed bike programs for the City of Los Angeles, Long Beach, Pasadena, Metro, OCTA and Glendale. Self Service Kiosks - Mr. Fretheim has designed and engineered over 50 different self-service kiosks for clients such as NBC International, NIKE, Coca Cola, Kaiser Permanente, SONY, Verizon Wireless, and ATT. Mr. Fretheim has won three awards for best kiosk enclosure design from the Self-Service Industry Association. He has also developed a number of business specific kiosk applications including three different digital photo systems for SONY, AAFES and SMO. Mr. Fretheim has developed over 500 different kiosk applications. Software Experience - Mr. Fretheim has served as chief architect developing information kiosk software, Ridematching Software Programs, Commute Tracking Systems, Advanced Traveler Information Systems and Transit Wayfinding Systems. Mr. Fretheim has developed six commercially available software programs. Mr. Fretheim designed, developed and maintains a kiosk operating system purpose built for unattended self-service systems. Veronica Williams, Lead Technology Developer Ms. Williams will serve as lead technology developer for Acire on this project. Ms. Williams has a unique skill set being both a seasoned programmer and graphic artist. She is proficient with ASP, JavaScript, DHTML, HTML, VBScript, Visual Basic, C++, Perl and with databases: MS SQL, MySQL, MS Access. Veronica has mastered graphic development programs such as Adobe PhotoShop, Illustrator, Flash and DreamWeaver. Veronica has worked to develop and manage interactive web applications, websites and database applications for various corporations and organizations. Ms. Williams produces all aspects of development - from the conceptual and user interface designs to development of front and back-end applications. Ms. Williams' work includes projects for global corporations, community agencies, government and transportation agencies, cities, health-care and private and public companies. Ms. Williams has developed over 150 kiosk applications and has worked with acire staff for the past ten years. Patrick Merrick, Executive Vice-President, Tolar Principal-in-charge Patrick joined Tolar Manufacturing in 2001, bringing with him a diverse resume that included four years' experience in public transportation in marketing and passenger amenities, a stint with non-profit organizations that deal with public agencies and 15 years in retail management. As a direct report to the company president, Patrick is responsible for Tolar's sales, marketing, customer service and product aci r(2, i r)c 25H-24 development functions. His primary focus is serving both clients and prospective customers by listening to their needs and communicating their visions in a clear manner across other company departments. Kerry Berlin, Manager- Displays, Technology and Sustainable Initiatives, Tolar Project Manager Kerry Berlin joined Tolar in June of 2007 to launch the company's new Displays and Directories Division. He is an experienced professional with 20 years' experience in sales and sales management, including nine years in the advertising and manufacturing industries related to displays and directories and three years as regional sales manager with a leading international outdoor advertising firm. Kerry is tasked with business development and product development to meet the demands of the retail and public venue markets. In addition Kerry leads the sustainable initiative team at Tolar Manufacturing with responsibility for identifying reliable LED lamping, alternative power supply and recycled or recyclable materials used in the manufacturing process. Eli Meza, Engineering Manager Eli has a wealth of knowledge and experience in engineering, systems and design. An AutoCAD user since high school, he joined Team Tolar is 2007 as the lead designer and has grown his resume while responsible for the design and development of many distinctive street furniture projects. in the fall of 2012 that experience, including his unique ability to mentor and grow the engineering team, led to his promotion to engineering manager. Eli's experience, in addition to being an award winning transit shelter designer (Auto Desk IOM 2012) includes 15 years in the automotive industry in the area of aftermarket accessories. Being able to design a product and follow it through design, fabrication and installation gives me a great deal of pride. Eli leads a six-person engineering and design team, this team is responsible for product integrity creating work orders based on customer specifications as well as research and development. The engineering team, in support of the company president, also manages the quality control process at Tolar Manufacturing. They also support the sales, operations and purchasing departments. Gabriel Guzman, Production and Inventory Control Manager Gabriel joined the Tolar team in 2001 on the production floor and has continually progressed with the organization. With a can-do attitude and a commitment to delivering to our customers a quality product on a timely basis, Gabriel is responsible for production planning and inventory control. He leads a team that is responsible to ensure that our craftsmen have the tools and material they need to fabricate a quality product for our customers and their respective stakeholders. aci re, i nc 25H-25 BikeConnect Products BikeConnect products are stand alone secure bike parking facility offering sheltered and safe access for cyclists. The Bike Hut System is completely modular and manufactured from aluminum with options that include wireless communication, solar power, security lighting and video surveillance. Access to the structure is controlled via Acire's BikeConnect software service. The Bike Hut is modular and additional four foot (4') panels can be added to increase the Bike Hut size and bicycle parking capacity. Below are BikeConnect's Secure Bike Parking structures. Model: BC-201-Secure modular bike parking structure to support 12 bikes. 16.11' O/A LENGTH - - r?- W-8" O/A WIDTH l i S V C L IY L? ? Y 3/8" CLEAR TEMPERED SAFETY GLASS FLOOR PLAN a c i re, i n c 3/8" CLEAR TEMPERED SAFETY GLASS 42" SECURE LOCKING STEEL AND GLASS DOOR, PUSH PLATE AND PULL HANDLE, DOOR CLOSER LCN (HYDRALUC) WIRED WITH ALARM & SECURE ACCESS. (12) 14' WIDE X 45' DEEP INDMDUAL BIKE STALLS (STAGGERED RACKS) RFID READER 25H-26 Model: BC-202 - Secure modular bike parking structure to support 12 bikes. WIRELESS SOLAR LE.D. SECURITY /-LOUVERED LIGHTING / END PANEL iia"ILI41 C1;?iafi:? will now room INTERIOR PANIC BAR VERTICAL BIKE SYSTEM FRONT VIEW aci re, i he 42' SECURE LOCKING STEEL AND GLASS DOOR, PUSH PLATE AND PULL 318' CLEAR TEMPERED HANDLE, DOOR CLOSER LCN (HYDRAULIC) SAFETY GLASS WIRED WITH ALARM & SECURE ACCESS. ,?i O to O+ 25H-27 SIDE VIEW Model: BC-300-Secure modular bike parking structure to support 24 bikes. 16'-0" _ • ?" : 1 •s r 3/8' CLEAR TEMPERED ' 3/8" CLEAR TEMPERED SAFETY GLASS SAFETY GLASS • 42' SECURE LOCKING STEEL AND RHO READER r-IT- • - - _ :? '? T T - T I-1 7 T -- 7 9. GLASS DOOR, PUSH PLATE AND PULL HANDLE, DOOR CLOSER LCN (HYDRAULIC) 7 ,I I I ( T WIRED WITH ALARM & SECURE ACCESS. VERTICAL BI KE SYSTEM 3'-0" .MIN, WALKWAY SPACE 14 TYP. SPACING ' f--T-T-T-T-T-T-T-TTT-T-T--1 • • 1h I ( I I (24) 14' WIDE X 45" DEEP INDIVIDUAL BIKE STALLS (STAGGERED RAM L FLOOR PLAN aci re, i nc ADVERTISING PANEL (OPTIONAL) 25H-28 Public Bike Maintenance Stand: Model BC-D102. The Public Bike Maintenance Stand includes all the tools necessary to perform basic repairs and maintenance, from changing a flat to adjusting brakes and gears. The tools and air pump are securely attached to the stand with stainless steel cables and tamper-resistant fasteners. Hanging the bike from the bike hanger arms allows the pedals and wheels to spin freely while making adjustments. The Stand includes: bike vice arms to suspend and secure bike, tamper resistant bike pump, tamper resistant tools (screw driver, fixed wrenches, alien key). ad ref i roc c j r r i 3! { i 25H-29 BikeConnect Software BikeConnect offers two platforms for managing secure bike parking systems. Both platforms are operated as a software as a service (SaaS) and include web hosting and semi-custom community based URL. Below is a summary of the Standard and Platinum platform features. Functional Description Standard Platinum Subscriber Management and Database ? ? Access Control via key card ? ? Access Management control interface ? ? Customized Community Bike Portal ? ? Secure User Login with Dashboard ? ? Dynamic Route Planning via Google ? ? Bike Buddy Interface ? ? Administrator System ? ? Message Center ? ? Content Management System ? ? Program Reporting (standard queries) ? ? Reservation System ? Payment Gateway with SSL certificate ? Shopping Cart ? Access Control API ? Real time XML Data fee ? Video Surveillance ? Access Control via mobile phone ? Subscriber Management - Manage subscribers, contacts and touch points. Manage all attributes of a customer as a first-class entity, and coordinate how your customer interacts with products or services based on the customer's personal information and profile, including products, services and equipment installed. Subscriber Management functionality allows you to track any type of subscriber data and manage an efficient workflow throughout the subscription lifecycle. Some of the features and benefits of BikeConnect's subscriber management solution include: adi e_, inc 25H-30 • Track all demographic data, company and individual relationships, unlimited subscriptions and subscription types, job functions and infinite linking of subsidiaries. • Sophisticated contact management capabilities with follow-up time/location. • Unlimited number of addresses/phone numbers, emails and alternate contact methods. • Hierarchy for tracking company and subsidiary relationships • Subscription application tracking and workflow routing • Tracking and use of preferred communication methods ensure seamless delivery of information based on individual preferences. • Fee processing and renewal. • Message management system with the ability to dynamically create and define business rules for subscriber instances. Access Control - Manage systems and user access to secure bike parking, bike lockers and other facilities all in one simple to use platform. When it comes to access control security in at your bike facilities, we understand that you need to ensure that no corners are cut. As a serious business entity, you can afford nothing less than the best when it comes to providing security for your subscribers, assets, and business intelligence. That is precisely what BikeConnect access control systems provides. The creative and unique designs we provide are either built from the ground-up or may be integrated with existing systems for the highest efficiency possible. Our access control solutions are designed to integrate with your IP network in a seamless and secure way and support real time monitoring (SNMP) so that you will always be able to monitor the security of your facilities. Our access control systems technology integrates into the BikeConnect platform seamlessly. The integration is meant to handle minimum to high-security needs. Integration includes: • Transmitters for doors and gates • Magnetic locks • Keypad controls • Card readers • Closed circuit television • Mobile phone entry systems Bike Asset Management - Help riders visualize their trip planning and the community bicycle infrastructure by displaying routes, bike racks, secure parking and more all on a single map. BikeConnect's bike asset management system creates an ecosystem that allows for a seamless user experience. BikeConnect is the most reliable, scalable and comprehensive bike asset management solution in the market. Improve operations, asset utilization and bike usage with a GIS interface that scales to all sizes. Give your bike program the right tools to be successful with GIS across the enterprise, with flexible APIs and GIS interface options. The Bike Connect System includes: • Fast and powerful mapping engine adre, the 25H-31 • GIS Overlays • Asset description with dynamic geocoding • API integration • Route optimization • Backend utility for easily adding new assets and bike routes to the system With dynamic bike routing, BikeConnect eliminates the costly expense of generating bike route maps that become out dated the day they are printed. Dynamic Bike Maps - Provide users with the ability to create, store and share personalized bike maps for their rides. With dynamic bike routing, BikeConnect eliminates the costly expense of generating bike route maps that become out dated the day they are printed. GIS technology has become an essential planning and decision making tool for any industry that utilizes geographic data. BikeConnect provides Geographic Information Systems (GIS) mapping systems that allow you and the general public to pin point bike assets and infrastructure. Our capabilities extend to any GIS application that requires data collection and conversion, database creation, mapping and custom interface design and development. We have extensive experience working with various datasets, so we can ensure that your web map will display the bike data you want, when you need it. Our web based mapping solutions are: • Focused on functionality and accessibility, putting the data you need right at your fingertips. • Tailored to your organizations current and future requirements. • Easy to manage without needing the ability to interpret spatial and GIS data. Best yet, BikeConnect is utilizing Google's API. This means no need for you to purchase $100,000 GIS software, data sets, algorithms, mapping engines or RAID servers. Reservation System - Comprehensive online reservation system, offers accommodation for the ability to accept online reservations and easily manage inventory in real-time. Subscribers and users are able to reserve bikes, a space and/or locker, complete and confirm a booking online instantly. BikeConnect gets your reservation system up and running quickly. • Setup and integration is taken care of BikeConnect's personnel • Software resides on BikeConnect's secure servers for credit card acceptance and data storage • Reservation system automatically verifies subscriber and allocates resources. BikeConnect's reservation system includes the following features: ad re, i he 25H-32 Snapshot of Current Availability Custom Auto Email-Reply to Customer View Current Reservations Custom Policies and Procedures Manually Book, Edit or Cancel Email Notification of Online Reservations Reservations Product Manager Securely Capture Credit Card Numbers Inventory Manager Custom Receipt Templates for Customers Rate Manager Custom Auto Email-Reply to Customer Seasonal Rate Manager Export Reports to Excel Business rules can be developed to better manage demand and Custom Labeling load balancing Program Tracking - Track, measure and report trip and emission reductions in a centralized system. Commute Tracker provides a way for you to centrally manage commuters and track their trips. We track all forms of transportation - carpool, transit, train, bicycle, walking and telecommuting. Check out your Commute Tracker calendar to report the days you use one of those modes or alternate work arrangements. Commute Tracker also individuals to track cost savings, see mode splits, vehicle miles traveled and emissions reductions. Our Commute Tracker makes the collection of daily commuter information easy for your users, which means more frequent and more meaningful data to support your program. Our Commute Tracker can be configured with the exact modes you want. By example, you can choose a 5 or 7 day per week layout, or have users report once or twice per day. It's flexible to meet your needs. On the backend, our Commute Tracker allows you to run reports to analyze commute trends, view mode split, and manage incentive and subsidies BikeConnect's online impact reports are easy to run and provide a host of commute data and information. Standard reports include: • Trips reduced • VMT reduced • Gas saved • Cost savings • Emission reductions In calculating commuter reports, we use localized, user specific data for our calculations. We use local gas prices (as published by AAA) by zip code on a regular basis and use the EPA's vehicle emissions standards API, which includes vehicle mileage estimates for the make, model, and year of the vehicle each user would normally drive if they were not using some alternative mode of transportation. ache, Inc 25H-33 Implementation Plan Acire believes that a collaborative process with the City will maximize success of the project, ensure the deliverables meet the needs of the project and produce actionable results from which to move forward. Before Acire begins any development work, the team will meet with City Staff to discuss and review the entire project, overall City objectives and confirm the schedule. This kickoff meeting will further refine the project's objectives and develop updates and reporting schedules so the group can evaluate the progress and development phases. From this meeting, Acire seeks to acquire a complete understanding of the City's permit process, construction needs and related project requirements. Site Review, Assessment and Documentation Acire will meet with City staff at the proposed locations and conduct a thorough site review. The review will include documenting the following: • Digitally documenting the physical site location and surrounding area • Assess solar collection for each site • Determine footprint and concrete pad orientation • Notate and catalogue utilities • Review general safety elements From the review, individual site plans will be created. The site plan will be utilized for the permitting process. Project Management Acire has managed numerous projects for federal, state, regional, county and local governments. We understand the need to provide solid reporting and use best industry practices to manage projects. Because each client may have different agency requirements, Acire provides its clients with reporting samples as part of the initial start-up process. This ensures the report process and format is provided in an approved method. We use standard Microsoft software products such as MS Project, MS Word and MS Excel for reporting. Monthly progress reports will include a narrative of work performed, status on milestones, copies of work product, individual signed time sheets for each staff member, invoice separated per task and a updated project budget and scope of work (if necessary). The narrative report will summarize the work performed, detail work performed per task, define any challenges or obstacles with corrective measures as necessary, and identify those tasks to perform for the upcoming month. The report will be submitted on our before the loth of every month until project completion. aci re, Inc 25H-34 Work Timeline Below is Acire's estimated timeline for this project. ITEM DESCRIPTION PROJECT ADMINISTRATION START DATE COMPLETION DA MILESTONE 1 Initial Project Meeting Week 1 2 Site review and site planning Week 2 Week 4 3 City Place Bike Parking Facility Order Week 4 Week 4 3 Permit Package Preparation Week 4 Week 10 4 Project Management Week 1 Ongoing DESIGN, ENGINEERING AND CONSTRUCTION Phase 1 1 Design and Engineering Week 4 Week 14 2 City to Review/Approve Engineering Package Week 14 Week 16 3 Construction Bidding Week 14 Week 16 4 Bid Award Week 16 Week 16 5 Site Construction Week 17 Week 22 6 Construction Completed Week 23 Week 23 INSTALLATION Phase 2 1 Site Preparation Week 24 Week 26 2 Installation Bike Parking Systems Week 27 Week 27 3 Beta Testing - RFID, Camera, Software week 27 Week 29 4 System Open for Public Use Week 30 Week 30 Notes: Schedule presented is based on City permit approval process being fast tracked and no weather related delays for concrete foundation work. A final schedule will be confirmed after the initial meeting with City staff and review of the required permit process. adre, i nc 25H-35 Cost Proposal Below is Acire's cost proposal. ITEM DESCRIPTION EQUIPMENT UNIT PRICE QUANTITY EXTENDED PRICE 1 Model: BC-202 -12 bike secure parking system. Includes glass panels, access control system, security camera, wireless communications, one security door and solar system. $25,500 2 $51,000 2 Model: BC-300 - 24 bike secure parking system. Includes glass panels, access control system, security camera, two security doors, wireless communications and solar system. $44,500 1 $44,500 3 Partition wall for BC-300 $2,200 1 $2,200 4 Model: BC-D102 - Public Bike Maintenance Stand $1,300 3 $3,900 TOTAL EQUIPMENT $101,600 Tax $9,144 SERVICES 1 Stamped/Certified Engineering Documentation $1,200 3 $3,600 2 Site preparation and permitting $8,000 1 $8,000 3 Structure installation - BC202 $1,800 2 $3,600 4 Structure installation - BC300 $3,600 1 $3,600 5 Construction - Concrete pad prep forming and installation $6,446 3 $19,338 6 Shipping of structures $800 3 $2,400 7 Installation of bike stand $300 3 $900 8 Project Management $100 60 Hours $6,000 TOTAL SERVICES $47,438 SUPPORT SYSTEM One time Cost 1 BikeConnect Reservation and Management Platform - Version 2.1 $10,740 1 $10,740 ANNUAL MAINTENANCE AND SUPPORT SERVICES 1 Custodial, cleaning and maintenance services $12,500 Annual $12,500 2 Web support $9,600 Annual $9,600 3 800 Customer Support $9,600 Annual $9,600 Note: the construction and site preparation quotation assumes each site is free from utility, water or sewer relocation and DOES NOT include any demolition work. Costs will increase if any of the proposed locations requires work not quoted. aci rc' i roc 25H-36 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on scope of services as described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. LINE DESCRIPTION m QUANTITY' UNIT EXTENDED TOTAL PRICE 1 12-Bike Secure Parking System, i t hi i i I l di 2 EA c, 0 )03 ?`? O ng ax, s pp ng, eng neer nc u ng . , 2 24-Bike Secure Parking System including tax, shipping, engineering 1 EA 3 Bike Stand, Including tax, shipping 3 EA ?v Site-work (each location), 4 Including new concrete pad, 3 EA 00 hardware, installation of units 5 1-year Service Agreement 1 LS ( oo 0 w b Reservation and Management tf S ft Pl 1 LS (© ?O' ?`? orm o ware a r kiy . 11Cor oy LEGAL NAME OF COMP/ 11- tCt BUSINESS ADDR S zl_ Jreffw, )at,\ TE M AUTHORIZED AGENT A SIGN U E OF OR1; AGENT ATE AND FAX NUMBERS r TITLE 4 (Y-e o QClrec\Kc.e VU1 E-MAIL ADDR 1?0 - ?V90 7-3-11 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 20 01+7- r -Lv to b 25H-37 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: TAA iT i 1 Address: SI ? S ? f l owe AA oe Contract Amount: I 90-S I1+1,i [(?aq Contact Individual: ow Mosr4tvt _ Phone Number: f 3 ?J ' `Z5?{ 2 Facsimile Number: -94b ? b V; i U 3 Year: coq - LL U,4 Description of supplies, equipment, or services provided: noW1IIk k l?lvl -1_"A.- ia;61i'- Reference I ``I Customer Name: IJ 1 [? e 1 V ?v Address: iS li.r i"uOOtz T V.?) T?- Contract Amount: I , 000 Description of supplies, equipment, or services provided: ko-v.o ?,i o $ iL - FG_ r V--t Reference Customer Name: Lj1a1 1-C4WA A(U kiQVIG/11 Address: MCO'?eW%v A?y V ?G,S?? ??•LCt Contract Amount: O Jv Contact Individual: Phone Number: $ 00 Facsimile Number: ?(4-2.x`1- 41,6 & c& Year: 20 t ©r L' w v^ v +?? cI`GI i av - S nT ?ujc - Contact Individual: 1 v VA ?A I ?tAA e Phone Number: 00 l - 5)`4? (2 Facsimile Number: Year: ?L) ('I ` Lk vU-e- h Description of supplies, equipment, or services provided: V' Vrr? 11rC? h?S't { V-1 o VJr.,,4 c'' ti /?- 3-* 9414 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 21 25H-38 < To (a- k- eA11k_CD_/L_ EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference e h r ?1 Customer Name: SA N DAG Address: ??? l[YP_Lf you ?GLv1 b I ? ?v Contract Amount: c by Description of supplies,` equipment, or services provided: Reference Customer Name: S O Ly( Y1 pk i 0 jW, A Address: ? 0 ?- R? I bA `)?(t' '? 4 1( 00 Contract Amount: ? ?q , S V c?> Contact Individual: Wm)-Is W A V Phone Number: ? 11 - ?L; S_ - 23 Co S Facsimile Number: 6101 - 011- 1- I? U Year: ill Contact Individual: 4e? In V L44 ` 0L'i Phone Number: ? G (o -;; - 7 6 3 Facsimile Number: Year: ao l Description of supplies, equipment, or services provided: yt1 S LV- i ?ev S Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 21 25H-39 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR _ SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP Firm Sign( IM Title C t- lU?t Mr-IN I Date Gtit/? 3 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 22 25H-40 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the City of Santa Ana RFP 13-019 Page 23 25H-41 administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and a ntractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm AC l (fie Signed and Printed Name: GEC n ?rt ??? Title T r 0 ?N Date gk j THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 24 25H-42 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non Ilusion affid vit is part of the proposal. Signing this proposal on the signature portion thereof shal so c titute signat e f this noncollusion affidavit. Proposers are cautioned that making a false certi 'cation m subject the erttiier to criminal prosecution. Sig State of California, County of Subscri ed and sworn to (or affirmed) before me on this I syday of 20 1-3, by k- M, proved to me on the basis of satisfactory evidence to be the person( who appeared before me. 0 DUANE J. LEE Comm. # 1873232 rn f.r,.....1 NOTARY PUBLIC-CALIFORNIA N -' ORANGE COUNTY Mr Comm. ExP. DEC.14, 2013 Notary Public Sig re Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 11111/Ii?il11i/?IAfOw?l?r-???//I? - - ?/?1???\? ¦ /rIYYll?rlY?/I/rrll?rr/I-rY/?I? City of Santa Ana RFP 13-019 Page 25 25H-43 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company I (A. This endorsement modifies such insurance as is afforded by the provisions of Policy # l 1 ( 0c relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective (O W C I- , this endorsement form as a part of Policy # L b-" -11 u Issued to +`re- r OVI,43 Insured Countersigned by d Representative I s c u---8 c ?A, . THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 26 25H-44 EXHIBIT H The BIDDER subcontractor CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION A12 (VQ Tka , has not _, participated in a previous contract or ,proposed hereby certifies that he )(has subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 27 25H-45 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 46?iv- Name of BID CDER, Signatur o B Date T HIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. F City of Santa Ana RFP 13-019 Page 28 25H-46 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 NONLOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, 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 influence or attempting to influence 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 appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall -ire-tha t e-language of this certification be included in all lower tier subcontracts, which exceed $100,000 that a uch sub-reci'p(nt§-shall certify and disclose accordingly. BIDDER'S Finn THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 29 25H-47 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Aareement RFP #13-019 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER hereby declares under penalty of perjury under the laws of the State of California that the BIDDER has has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The BIDDER must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitut?igure of this Statement. BIDDERS are cautioned that making a false certification may Signed Title Y ?-t!?` Firm An'l V-Date S /( /I THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 30 25H-48 EXHIBIT L CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety io . Yes No If the answer is yes, explain the circumstances in the following space. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 31 25H-49 EXHIBIT M CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13-019 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final un-appealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Title Finn AC11 're . T C Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 32 25H-50 rHtc ` The . first integrated bike management $`system -- managing all your bike programs, assets and users in a centralized system fh? bike(-"' , )i f CD Bike Asset Management Help riders visualize their trip planning and the community bicycle infrastructure by displaying routes, bike racks, secure parking and more... all on a single reap. BikeConnect's bike asset management system creates an ecosystem that allows for a seamless user experience. BikeConnect is the most reliable, scalable and comprehensive bike asset management solution on the market. Improve operations, asset utilization and bike usage with a GIS interface that scales to all sizes. Give your bike program the right tools to be successful. Dynamic Bike Mapping Provide users with the ability to create, store and share personalized bike maps for their rides. With dynamic bike routing, BikeConnect eliminates the costly expense of generating bike route maps that become out dated the day they are printed. GIS technology has become an essential planning and decision making tool for any industry that utilizes geographic data. BikeConnect provides users with the ability to create and share commute and personal bike routes. Program Tracking Track, measure and report trip; and emission reductions; and program participation in a centralized system. Commute Tracker provides a way for you to centrally manage commuters and track their trips. We track all forms of transportation - carpool, transit, train, bicycle, walking and telecommuting. Check out your Commute Tracker calendar to report the days you use one of those modes or alternate work arrangements. Commute Tracker also provides individuals the ability to track cost savings, see mode splits, vehicle miles traveled and emissions reductions. (5- ;i % BikeConnect Product License The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. DMF Holdings, providing exclusive license rights to Acire, Inc./BikeConnect, owns the title, copyright and other intellectual property rights in The Product. The Product is licensed, not sold. DEFINITIONS. a. "Application Programming Interface" or "API" means a publicly accessible interface defining the ways by which an application program may request services from libraries and/or software. b. "Software as a Service" or "SaaS" means a model of software deployment whereby a provider licenses an application to customers for use as a service on demand. c. "Derived Works" means works based upon or using the Product. d. "License" means use of the Product. e. "Subscription" means access to Software Updates. 2. GRANT OF LICENSE. DMF Holdings grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA: a. General Software License Grant. DMF Holdings grants use of the Product according to one of the license types below as identified in the Product title. i. Reseller License. A Reseller license licenses the ability to resell the SaaS as a complimentary service or program to licensee's clients and customers. This form of license provides the reseller with discounted site license pricing. Resellers be provided with pricing schema defined in BikeConnect's pricing progam. This form of license is offered through the ASP or Enterprise program. ii. Site License. A Site license is based on a single site or program where one URL is being utilized. By example, a City or University with is considered one "site" but may possess multiple BikeConnect bike parking systems. This form of license is only offered as an ASP program. b. Documentation. With respect to electronic and other documentation, you may make any number of copies (either in hard copy or electronic form) provided that such copies shall be used only for internal purposes and are not republished or distributed externally. c. Disassembly. You may not reverse engineer, decompile, disassemble or in any other way try to gain access to information regarding the construction of The Software. d. Reservation of Rights. DMF Holdings reserves all rights not expressly granted herein. 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a. Derived Works and Redistribution (SC 25H-52 fA F 15 4 ?? t1 The Product may not be distributed in any form that allows it to be reused by any application other than your derived work. 1. The Product may not be included as part of a SDK. 2. The Product may not be used to develop Derived Works that offer similar functionality as the Product, or expose features of the Product through an API for use by an unlicensed third party. ii. The Product may not be used to develop Derived Works that offer similar functionality as the Product for any development platform, including but not limited to: NET, Java, SQL Reporting Services, JasperReports, SharePoint, Microsoft Dynamics, Microsoft Azure, Amazon Web Services ("AWS") or Google App Engine. iii. For a period of three (3) years from the date of purchase, you agree not to create software, independent of the Product, which might directly compete with DMF Holdings products. iv. DMF Holdings is not obligated to provide support for works derived from the Product. V. Distribution of the Source Code in any form, with or without modifications, is strictly prohibited. vi. Works derived from the Product may not be called "BikeConnect", nor may "BikeConnect' appear in their name, without prior written permission from DMF Holdings. vii. The name "BikeConnect" must not be used to endorse or promote products deri ved from the Product without prior written permission. For written permission, please contact dfretheim@acireinc.com. b. Rental. You may not rent, lease, or lend the Product without express written permission from DMF Holdings. c. Termination. Without prejudice to any other rights, DMF Holdings may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product, including but not limited to the Source Code, backups and all of its component parts and Derived Works. d. Survival. Unless this Agreement expressly provides otherwise or by its nature a provision cannot survive this agreement, the provisions of this Agreement shall survive the expiration or any termination of this Agreement. e. Consideration. For the rights and license granted in this EULA, including both the General Software License and the General Source Code License, you will pay DMF Holdings the currently published price available at DMF Holdings.com or another mutually agreed upon amount to appear on a valid invoice. f. Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in Section 3(c). g. Consent to Use of Data. You agree that DMF Holdings and its affiliates may collect and use technical information, excluding any Confidential ?? 2 25H-53 .ry Information, gathered as part of the Product support services provided to you, if any, related to the Product. DMF Holdings may use this information solely to improve our products or to provide customized services or technologies to you. DMF Holdings may disclose this information, excluding any information explicitly declared as Confidential Information, to others but not in a form that personally identifies you. 4. SOFTWARE MAINTENANCE, UPDATES AND DISCONTINUATION. a. A Subscription entitles the purchaser to updates of the Product for a period of one (1) year (365 days) following the purchase of the Product. b. DMF Holdings may, in its sole discretion, provide technical support, updates and/or supplements of the Software and/or related information ("Updates") to you hereunder, in which case such Updates shall also be deemed to be included in the Product and therefore governed by this EULA, unless other terms of use are provided by DMF Holdings with such Updates. 5. SOFTWARE DELIVERY. Unless purchased at an Enterprise level, the Product and any associated materials are provided in electronic format only via the ASP hosted plan. The delivery of product will be retained through a URL such as, www.bikeconnect.org/YOURNAME or some other agreeable naming convention. 6. UPGRADES. Upgrades of the software will be completed from time to time. Any associated standard upgrades will be provided to User a nd integrated as User deems appropriate. Module or cost module upgrades, unless part of this EULA, will be offered to User on a case per case basis. User has the option to purchase or refuse these upgrade modules at their discretion. 7. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Product (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Product and any copies of the Product that you are expressly permitted to make herein) are owned by DMF Holdings or its affiliates. All title and intellectual property rights in and to the content which may be accessed through use of the Product are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All title and intellectual property rights in and to your modifications to the Product, are owned by you provided that such modifications are made available to DMF Holdings free of charge and royalty-free for inclusion in later releases of the Product. All rights not expressly granted are reserved by DMF Holdings. 8. NONDISCLOSE AND NONCOMPETITION. a. Both parties recognize that the other party may obtain proprietary and/or confidential information ("Confidential Information") in the course of the business relationship defined herein. Each party therefore agrees that it will not disclose the Confidential Information of the other party to any third party (i) except as provided for in this EULA or as necessary to pursue and implement the business relationships defined herein; (ii) to its [C responsible employees and professional advisors with a bona fide need to "' ? 3 25H-54 ?t ,ter, 1 % know and whom are bound by agreement or law to keep such information confidential; (iii) as authorized by the other party in writing or (iv) to the extent required by applicable law, court, or government agency, provided that the receiving party promptly notifies the disclosing party thereof and cooperates with any efforts by the disclosing party, at the disclosing party's expense, to limit such disclosure by means of seeking a protective order or requesting confidential treatment. 9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third party sites are not under the control of DMF Holdings, and DMF Holdings is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. DMF Holdings is not responsible for webcasting, XML feeds, or any other form of transmission received from any third party sites. DMF Holdings is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by DMF Holdings of the third party site. 10. LIMITED WARRANTY AND DISCLAIMER. a. DMF Holdings warrants that, the BikeConnect system is in good functional and operating condition and that hosting is provided within a Tier One data center controlled by GoDaddy. Hosting has been consistent with operations at 100% uptime since inception of the Product. Any hosting interruption or server maintenance may occur from time to time. Back up provisions for collocating has been created and should the primary URL be made inaccessible due to equipment or communications failure, the collocating site will be activated. This excludes any conditions caused by ACTS of God or War. b. DMF HOLDINGS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DMF HOLDINGS DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. c. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. d. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DMF HOLDINGS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 11. LIMITATION OF LIABILITY. a. Except with regard to: (i) breach of confidentiality obligations; and (ii) any costs associated with the defense, chosen by DMF Holdings, and settlement, to the infringed upon party, of an intellectual property right claim. 6C 4 25H-55 i b. NEITHER DMF HOLDINGS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DMF HOLDINGS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. c. 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DMF Holdings will indemnify, defend and hold you, and/or your and/or its affiliated and/or subsidiary companies harmless against any claims, legal actions, losses and other expenses arising out of or in connection with any claims that the Product and/or related documentation infringes or violates any intellectual property right of any third party ("Claim"), on the condition that you notify DMF Holdings promptly of the Claim and give DMF Holdings sole control of the defense and negotiations for its settlement or compromise. If you become, or may become, prohibited from continued use of the Software and/or the Product by reason of an actual or anticipated Claim, DMF Holdings will use its reasonable efforts to a. obtain for you the right to use the Software and/or the Product, or b. replace or modify such Software and/or the Product so that it is no longer subject to a Claim, but performs the same functions in an equivalent manner. c. In the event that DMF Holdings determines, in its sole discretion, that neither (a) nor (b) is commercially reasonable, DMF Holdings shall refund 6C 25H-56 the residual value of the license fees paid by you for the infringing Product or Software, depreciated using a straight line method of depreciation over a forty-eight month period from the date of delivery of the Product to you. 13. TAXES. The license fees and any other amounts payable pursuant to the terms and conditions herein are exclusive of all national, state, regional, local municipal or other taxes and fees including, but not limited to, excise, sales, use, property, ad valorem, intangibles, goods and services and value added taxes, customers duties and registration fees, now in force or enacted in the future, and all such taxes and fees, except taxes based on DMF Holdings's net worth, capital or net income, shall be paid directly by you, or if paid by DMF Holdings, you will reimburse DMF Holdings. 14. NO WAIVER. No action taken by either party pursuant to this EULA, and no waiver by either party, whether express or implied, of any provision or right in this EULA or any breach thereof, and no failure of either party to exercise or enforce any of its rights under this EULA, will constitute a continuing waiver with respect to such provision or right or as a breach or waiver or any other provision or right, whether or not similar. 15.SEVERABILITY. If any covenant or provision of the EULA is determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from this EULA and shall not effect or impair the enforceability or validity of any other covenant or provision of this EULA or any part thereof. 16. GOVERNING LAW. This Agreement is made in the State of California USA, and shall be governed in accordance with the laws of California. Any lawsuit filed regarding this Agreement shall be filed in California. The parties further agree that the laws of California shall apply in such a lawsuit. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. 17. FURTHER INSTRUMENTS. Except as otherwise expressly provided in this Agreement, each party shall furnish to the other (and shall deliver and cause to be executed, acknowledged and delivered to the other) any further instruments, which such other party may reasonably require or deem necessary from time to time to evidence, establish, protect, enforce, defend or secure to such other party any or all of its rights hereunder or to more effectuate or carry out the purposes, provisions or intent of this Agreement. 18. CAPTIONS. All indexes, titles, subject headings, section titles, and similar items are provide for the purpose of reference and convenience and are not intended to be inclusive, definitive, or to affect the meaning or scope of this Agreement. 19. UPDATES. DMF Holdings may make updates and changes to this license agreement from time to time. Such changes will be provides to User by e-mail. 20. ENTIRE AGREEMENT. This EULA is the entire agreement between you and DMF Holdings relating to the Product and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any DMF Holdings ?? 6 25H-57 t i? policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. 6C 25H-58 6C WARRANTY: LIMITATION OF LIABILITY Acire Inc. warrants BikeConnect products and materials manufactured by Acire, Inc. when properly assembled and installed, to be free from defects in materials and workmanship, when under normal use and service, for a period of three (3) years. If any products or materials manufactured by Acire Inc. are found to be defective upon inspection after shipment to Acire at sender's cost, Acire will repair or replace, at its sole option, the defective products or materials, subject to the following conditions: A. Acire, Inc. is notified in writing within the applicable warranty period of any product or material defect; B. The product or material is returned to Acire Inc. at sender's expense; C. The product or material has not been misused, abused or improperly maintained by the user; D. The product or material has not been repaired or altered except by written authorization of Acire, Inc.; and E. The defect is not attributable to normal wear and tear. The limited warranty herein described constitutes the entire obligation of Acire, Inc., and the maximum liability of Acire, Inc. is limited to the purchase price of each defective product or material. No other warranties, whether express, implied or statutory, including warranties of fitness for a particular purpose or merchantability, are given and all such warranties are hereby expressly disclaimed. In no event shall Acire, Inc. be liable for any consequential, indirect, incidental or special damages of any nature whatsoever arising from the sale or use of its products or materials. Acire, Inc. shall have no further liability or obligation whatsoever to any distributor or any other person or entity with respect to Acire, Inc. products or materials other than the obligations expressly set forth above. COVERAGE PERIODS AND PROVISION - 36 MONTHS LABOR CONSIDERATION If Acire, in its sole discretion, determines that an authorized Acire, Inc. distributor or repair facility shall perform the warranty work, Acire, Inc. will pay a specified labor amount for repair or replacement as determined and approved by Acire, Inc. service department before any such work has started, and in accordance with the coverage periods. STARTING DATE The STARTING DATE shall be determined as that date which can be verified to Acire, Inc.'s satisfaction as the product installation date, or, if not verified, then the date on which the product was shipped by Acire, Inc. to the original purchaser. 25H-59 6C 1 ! ?' ADDITIONAL RESPONSIBILITIES OF ACIRE, INC. Acire, Inc. will provide, or make available from its factory, such information or instruction as is needed to install, service, operate, and maintain its products. Acire, Inc. will provide the replacement parts or materials, freight prepaid, and reimburse distributor for freight charges on returned components, which are warranted. Acire, Inc. will make every attempt to respond to warranty claims within sixty (60) days after the receipt of written request as stated in the WARRANTY: LIMITATION OF LIABILITY reference A. PRODUCT INSTALLER RESPONSIBILITIES Installer is responsible for installing the product in accordance with Acire, Inc. specifications and installation instructions. Installer is responsible for keeping such records as are necessary to locate the product and determine its installation date. PRODUCT OWNER RESPONSIBILITIES Owner is responsible for communication expenses, meals, lodging, and incidental costs incurred by the owner or employees of the owner as a result of warrantable failure. Owner must give notice of a warranted failure and deliver the product to a Acire, Inc. Authorized Distributor or to Acire's service department in Irvine, CA. ADDITIONAL WARRANTY LIMITATION Acire, Inc. is not responsible for products, which have failed as a result of owner or operator abuse or neglect, such as lack of maintenance, product alteration, overload, accident, or other causes beyond its control. Acire, Inc. does not warrant the product when it is used with accessories not approved by Acire, Inc. or when other than genuine Acire, Inc. replacement parts have been installed on the product. Acire, Inc. does not warrant accessories supplied by Acire which bear the name of another company, beyond the warranty provided by that company. Acire, Inc. does not warrant the paint finish if documentation cannot be provided as to the cleaning frequency of the product painted and the product has not been cleaned with a cleaner approved by Acire, Inc. or if the product has been damaged due to etching, graffiti or other vandalism. Acire, Inc. shall not be responsible for expenses due to owner's requirements, inspections, or modification of components, or other handling requirements. Acire, Inc. shall not be responsible for parts returned without prior authorization or without 25H-60 CSC proper identification, including claimant's name and Acire, Inc. claim number. j 25H-61 25H-62