HomeMy WebLinkAboutresolution.council.081-93
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RESOLUTION NO. ~
Series of 1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A SUPPL Y PROCUREMENT AGREEMENT BETWEEN
SCHLUMBERGER TECHNOLOGIES AND THE CITY OF ASPEN, COLORADO FOR
THE PURCHASE AND INSTALLATION OF TWENTY-SEVEN (27) MULTI-SPACE
PARKING METERS AND RELATED SUPPLIES, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a supply procurement
agreement between Schlumberger Technologies and the City of Aspen, a true and accurate copy
of which is attached hereto as Exhibit "A";
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that supply procurement
agreement between Schlumberger Technologies and the City of Aspen, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City
of Aspen to execute said agreement on behalf of the City of Aspen,
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
th~ day Of~93,
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John S, Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
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SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this 16th day of November, 1993, by and
between the City of Aspen, Colorado, hereinafter referred to as the "City" and Schlumber!!er
Technolo!!ies, hereinafter referred to as the "Vendor."
WITNESSETH, that whereas the City wishes to purchase twenty-seven ~
ParkMaster III multi-space parkin!! meters. alon!! with installation and trainin!!: two
thousand (2.000) Smart Cards: and spare modular parts, hereinafter called purchase and
installation of multi-space parking meters and related supplies, in accordance with the terms and
conditions outlined in the Contract Documents and any associated Specifications, and Vendor
wishes to sell said multi-space meters to the City as specified in its Bid, attached hereto as
Exhibit "A" and by this reference incorporated herein.
NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set
forth, agree as follows:
L Purchase, Vendor ,agrees to sell and City agrees to purchase the following: '
Item
Unit Cost
27 ParkMaster III Multi-Space Parking Meters
Installation and Training for the above
2,000 Smart Cards
Spare Modular Parts
$10,000
$ 600
$ 4,092
$ 2,800 '
TOTAL
Total Cost
$270,000
$ 16,200
$ 4,092
$ 2.800
$293,092
All items are more fully described in the Contract Documents and more specifically in Vendor's
Bid. for the sum of Two hundred ninety three thousand ninety two ($293.092.00). City
agrees to pay Vendor 50% down. 25% upon' deliverv. 'and 25% upon installation and
successful completion of acceptance test. Acceptance test shall be a minimum thirty (30)
calendar day "live" test involving all functions of the multi-space meters. Problems encountered
must be addressed and resolved prior to the test being considered successfuL Test period shall
be extended until all problems enc()untered in the thirty day live test period are resolved to the
satisfaction of the City in accordance with the terms and conditions outlined in the Contract
Documents and any associated Specifications. "
2. Delivery and Installation. Delivery shall be made within ninety (90) calendar days
followin!! Notice to Proceed. City shall have the right to inspect and reject any or all parts
thereof that fail to conform to specifications. In the event that the City rejects goods delivered,
Vendor shall refund in full all funds paid in advance of delivery. Installation shall be completed
by the Vendor and shall be closely coordinated with the City to occur within a three week
window of time between March 21, 1994 and April 8, 1994. Exact installation date(s) within
that period shall be mutually agreed upon by both City and Vendor.
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3. Contract Documents. The Contract Documents that are hereby made a part of this
Agreement as if fully set forth herein shall include City's Invitation for Bids and Vendor's
Proposal, Bid or Sales Estimate attached hereto as Exhibit "A",
4. Warranties. Warranty shall cover all workmanship and materials for a minimum of
one (1) full year from the date of installation. During the warranty period, Vendor guarantees
to repair or replace any part or assembly determined to be defective in material or workmanship
under normal use and service, upon return of such component or assemblies to the Schlumberger
factory. During the guarantee period, any module found defective and requiring replacement
will be subject to Schlumberger's guaranteed 24-hour delivery service of the replacement
module. All modules are shipped via Federal Express with guaranteed 24-hour delivery. This
guarantee is in effect Monday - Friday; products ordered on Friday will be guaranteed shipment
on Monday. Upon expiration of the one-year guarantee, replacement or repair of the modules
will continue to be made at the replacement or repair cost in effect at that time, The
Schlumberger guaranteed 24chour delivery will apply.
5, Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. .This Agreement does not and shall not be deemed or construed to confer
, upon or grant to any third party or parties, excepUo parties to whom Vendor or City may assign
this Agreement in accordance with the specific written permission, any rights to claimdl(mages
or to bring any suit, action or other proceeding against either the City or Vendor because of any
breach hereof or because of any of the terms, covenants, agree,ments or conditions herein
contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions
herein contained, to be performed, kept and observed by the other party,
8. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed
to be exclusively in the courts of Pitkin County, Colorado.
9. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged 'unequal status ofthe
parties in the negotiation, review or drafting of the Agreement.
II. Certification Regarding Debarment. Suspension. Ineligibility. and Voluntary
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Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency.
It further certifies that prior to submitting its Bid that it did include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts.
In the event that vendor or any lower tier participant was unable to certify to this statement, an
explanation was attached to the Bid and was determined by the City to be satisfactory to the
City,
12. Warranties Ae:ainst Contingent Fees. Gratuities. Kickbacks and Conflicts of Interest.
Vendor warrants that no person or selling agency has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide establish(>..<J commercial
or selling agencies maintained by the Vendor for the purpose of securing business.
Vendor agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connection with any deCision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering advice, investigation, auditing, or in any
other advisory capacity in any proceeding or application, request for iuling, determination, claim
or controversy , or other particular matter, pertaining to this Agreement, or to any solicitation
or proposal therefor.
Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (I) ye.ar thereafter shall have any interest, director
indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed
at the time City Council approved the execution of this Agreement.
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
I. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor
or sub-contractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
14. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City utilizing state or federal funds to meet
its obligations herein, this Agreement shall be contingent upon the availability of those funds for
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payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the
City Council of the City of Aspen.
16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City's municipal code, section 13-98,
pertaining to non-discrimination in employment. Vendor further agrees to comply with the letter
and the spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable
state and federal laws respecting discrimination and unfair employment practices.
17. Intee:ration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. Any Agreement or modification to this
Agreement must be in writing and be executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
19. City of Aspen Procurement Code. NotwithstaJ;lding anything to the contrary
contained herein or in the Contract Documents, this Agreement shall be subject to the City of
Aspen Procurement Code, Chapter 3 of the Municipal Code.
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IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein written in two (2) copies, all of which, to all
intents and purposes, shall be considered as the original.
Approved as to Form:
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FOR THE CITY OF ASPEN:
By' aui! 1. /11'(/,M-
VENDOR:
Schlumberger Technologies Parking & Transi t Division
By, 4Jk
Paul N. Lesner
Vice President & General Manager
Title.
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Parking & Transit Syslems
825-8 Greenbrier Circle
Chesapeake. VA 23320
Telephone: (800) 523"2114
FAX: (804) 523,2173
October 29, 1993
The City of Aspen
Department of Transportation and Parking
130 South Galena Street
Aspen, CO 81611
Dear Sir/Madame:
Schlumberger is plcased to submit a response to your Invitation to Bid for the procurement and
installation of approximately twenty-eight (28) new electronic multi-space parking meters and
related supplies and fully meet all specifications.
Schlumberger Technologies, Inc. is a U.S. corporation incorporated under the laws of the State
of Delaware. Our parent company, Schlumbcrger LId" is an international company with
corporate offices in New York City, Paris and Tokyo. We are listed on the New York Stock
Exchange as SCHLMBR. Attached is the Parking and Transit Systems Division organizational
chart.
With over 20 years experience in the field of controlled parking;, Schlumberger is the world
leader in on-street parking systems, Over 50,000 Schlumberger machines are installed in 2000
towns and cities spread over more than 26 countries, controlling nearly one million parking
spaces, Schlumberger entered the United States marker in 1986 and has furnished over 500
multi-space parking systems in over 70 cities and municipalities. '
The Schlumberger ParkMaster is the only multi-space system with the capability of an
installation without a pedestal. We have offered an alternative to the standard pedestal
installation as the enclosed diagram will illustrate. The ParkMaster will be mounted to the
existing light posts. In addition, the ParkMaster offers a variety of colors which will ininimize
the visual impact on the City's commercial core.
The ParkMaster III provides six coats of primer and finish coats on the housing which has a long
lasting hot dipped galvanized process before the primer and finish coats are applied - other
. manufacturers are corrosion prone because of their omission of this process.
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Thc ParkMastcr III exceeds thc specification minimum indicated in thc addendum dated October
15, 1993. The ParkMaster employs nine gauge high strength steel in both pedestal and housing.
Whcn combined with the contoured clam shell design and internal hinging/latching arrangement,
our housing's rcsistancc to vandalism is at least 75% greater than any othcr unit presently in
production.
The customized coin compartment has the capacity to hold $800.00 in quarters beforc a
collection is needed.
The ParkMastcr is the only multi-space system that offers the smart card option. The custom
artwork on thc smart card will be furnished by the City of Aspen as well as the value on the
card.
Schlumberger will offer an upgrade from a standard ParkMaster to a ParkMaster that accepts .
dollar bills. The upgrade would involvc a cantilevered construction where the bill accepting
, module is coupled to the coin/card module. The bill accepting module would have to be
mounted on the Schlumberger standard pedestaL This option will be available in the first
quarter of 1994.
Schlumberger will provide the necessary custom hardware requirements to install the machines
onto the light post or a pedestal mount, make all proper wiring connections, thoroughly check
each operation function and provide on-site training. It is understood the City of Aspen will
have the site prepared with power to the ParkMasters.
Schlumberger guarantees for a period of one year from the date of shipment to repair or replace
any part or assembly determined to be defective in material or workmanship under normal use
and service, upon return of such component or assemblies to the Schlumberger factory.
During the guarantee period, any module found defective and requiring replacement will be
, subject to Schlumberger's guaranteed 24-hour delivery service of the replacement module. All
modules are shipped via Federal Express with guaranteed 24-hour delivery. This guarantee is
in effect Monday - Friday; products ordered on Friday will be guaranteed shipment on Monday.
Upon expiration of the onc-year guarantee, replacement or repair of the modules will continue
to be made at the replacement or repair cost in effect at that time. The Schlumberger guaranteed
24-hour delivery will apply.
Thank you for the opportunity to bid on your current and future needs.
P Lesncr
Vicc Prcsidcnt and General Managcr
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NOTICE
INVITATION TO lllD
Sealed bids will be received at the City of Aspen, City Clerk's Office in City Hall, 130 South
Galena Street, Aspen, Colorado, 81611 until 2:00 p.m., October 29,1993, at which time the bids will
be publicly opened and read aloud, for the purchase of approximately twenty-eight (28) multi-space
parking meters.
Complete Bid Packages are available from the City of Aspen, Colorado, or may be viewed at the
Aspen Department of Transportation and Parking, 320 East Hyman Avenue, Aspen, Colorado, 81611.
Each bid must be accompanied by Bid Security to include a bid bond or certified check made
payable to the City of Aspen in .the amount of five percent (5%) of the Bid. The Bid Security
accompanying the three lowest responsive and responsible bids may be held until the Contract is awarded.
The Bid Security accompanying the other proposals shall be returned promptly after the bid prices have
been compared and evaluated.
The City reserves the right to reject any or all Bids or to accept what is, in its judgement, the Bid
which is in the City's best interest. The City further reserves the right, in the. best interests of the City,
to waive any technical defects or irregularities in any and all Bids submitted.
The Bid and Bid Security must be placed in one envelope securely sealed therein and labeled:'
"Bid for Multi-Space Meters."
In addition to price, the cr:teria set forth in the Instructions to Bidders and the specific criteria
listed below may. be considered in judging which Bid is in the best interests of the City:
o Aesthetic'considerations. Meters must be of appropriate appearance, scale and character.
in order to minimize visual impact on the City's' historic commercial core.
o User-friendliness and motorist convenience.
o Receipt legibility and ease of parking enforcement.
o Rate structure flexibility.
o Revenue control and audit report capabilities.
o Revenue security and ease of collection.
o Anticipated maintenance requirements and level of in-house maintenance expertise
required.
Bids may not be withdrawn for a period of thirty (30) days after the time fixed for closing them.
BY ORDER OF THE CITY OF ASPEN, COLORADO
Rand y L. Ready
Director of Transportation ~nd Parking
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CITY OF ASPEN
INSTRUCTIONS TO BIDDERS
FOR SUPPLY PROCUREMENT BIDS
I. The City of Aspen has advertised to invite Bidders to submit sealed Bids for the purchase
of certain supplies deemed necessary by the City, all as more fully described in the
Invitation to Bid, Bid Forms, and Specifications, if any, The following instructions have
been prepared to assist Bidders in the preparation of their Bids.
2. The Contract Documents for this procurement shall consist of the following documents:
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
Invitation to Bid (Public Notice and Letters to Potential Bidders).
Instructions to Bidders.
Supplemental Instruction to Bidders, if any.
Addenda, if any.
Specifications, if any.
Bid Forms.
Bid Bond.
Notice of Award. '
Agreement.
Notice of Council Approval
3. Information contained in the Contract Documents, as complete.d during the bidding and
contract award process, shall be the basis for the proposals, and nothing shall be deemed
to change or supplement this basis except for written revisions to the above documents
issued by the City of Aspen.
4. The City of Aspen reserves the right to reject any or all proposals or to accept what is,
in its judgment, the best bid. The City further reserves the right, in the best interests of
the City,' to waive any technical defects or irregularities in any and all proposals
submitted, and to negotiate contract terms with the Successful Bidder, and the riglJ( to
disregard all nonconforming, nonresponsive or eonditional Bids. Discrepancies between
words and figures will be resolved in favor' of words. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in
favor of the correct sum.
5. The cost of proposal preparation shall be borne solely by the persons or entities
submitting proposals.
6.
The following procedures or steps shall be followed after the issuance or publication of
an Invitation to Bid:
A.
Rcference IS made to the Invitation to Bid to determine if a pre-bid
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conference will be scheduled, and if so, where and when. If a pre-bid
conference is scheduled, attendance at the pre-bid conference is mandatory
unless absences are excused beforehand, The costs of attendance at a pre-
bid conference, if any, shall be borne entirely by the Bidder.
Reference is made to the Instruction to Bid to determine how complete Bid
Packages may be obtained.
Before submitting a Bid, each Bidder must (a) examine the Contract
Documents thoroughly, (b) familiarize her/himself with federal, state and
local laws, ordinances, rules and regulations that may in any manner
affect the Bid; (c) familiarize her/himself with the unique weather
conditions of the City of Aspen and surrounding area that may affect the
Bid; and (d) study and carefully correlate Bidder's observations with the
Contract Documents.
D.
Reference is made to the Invitation to Bid to determine the place, date,
and time for delivering sealed Bids for this project.
E.
Bids shall be submitted at the time and place indicated in the Invitation to
Bid and shall be included in an opaque sealed envelope, marked with the
Project title and name,and address of the Bidder and accompanied by the
Bid Security referenced below and other required documents. If the Bid'
is sent through the mail or other delivery system, the sealed envelope shall
be enclosed in a separate envelope with the notation "BID ENCLOSED"
on the face thereof. Bids submitted by facsimile machine (FAX) will not
be accepted or considered.
F.
Reference is made to the Invitation to Bid to determine if Bid Security is
required. If so, each proposal must be accompanied by Bid Security made
payable to the City of Aspen, in an amount of five percent (5 %) of the
maximum Bid price and in the form of a certified or bank check or a Bid
Bond (on form attached, if a form is prescribed) issued by a Surety.
The Bid Security of the Successful Bidder will be retained until. such
Bidder has executed the Agreement and furnished any required
documentation, whereupon it will be returned; if the Successful Bidder
fails to execute and deliver the Agreement and furnish the required
documentation, within fifteen (15) days of the Notice of Award, the City
of Aspen may annul the Notice of Award and the Bid Security of that
Bidder shall be forfeited. The Bid Security of any Bidder whom the City
of Aspen believes to have a chance of receiving the award may be retained
by the City of Aspen until the earlier of the seventh day after the
"effective date of the Agreement" or the sixty first (61) day after the Bid
opening. Bid Security of other Bidders will be returned within seven (7)
days of the Bid opening.
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Rcferencc is madc to the Invitation to Bid for any Bid Forms that may be
rcquired to be completed as part of the Bid. Bid Forms, if any are
requircd, must be completed in ink or by a printer/typewriter. The Bid
price must be stated in words and numerals; in case of a conflict, words
will take precedcnce. Bids by corporations must be executed in the
corporate name by the president or a vice-president (or other corporate
officer accompanied by evidence of authority to sign) and the corporate
seal must be affixed and attested by the secretary or an assistant secretary.
The corporate address and state of incorporation shall be shown below the
signature. Bids by partnerships must be executed in the partnership named
and signed by a partner, whose title must appear under the signature and
the official address of the partnership must be shown below the signature.
1.
Bids may be modified or withdrawn by an appropriate document duly
executed (in the manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids. If, within twenty four (24) hours after Bids are opened; any Bidder
files a duly signed written notice with the City of Aspen and promptly
thereafter demonstrates to the reasonable satisfaction of the City of Aspen,
that there was a material and substantial mistake in the preparation of
her/his Bid, that the Bidder may withdraw her/his Bid and the Bid
Security will be returned. Thereafter that Bidder shall be disqualified from
further bidding on the Work.
J.
At the place, date and time fixed for opening Bids, all Bids received prior
to that time shall be publicly opened and read aloud. All Bids shall remain
open for a period of thirty (30) days; but the City may, in its sole
discretion, release any Bid and return the Bid Security prior to that date.
K. The City shall then evaluate each bid in the best interests of the City of
Aspen. The proposals shall be evaluated to determine which are the lowest
responsive and responsible bids. In making that evaluation,the following
specific criteria shall be considered:
I. Demonstrated record of successful and timely delivery of similar
supplies awarded during the last five years.
2. Sound financial position to meet financial commitments.
3. Quality of sllpplies proposed as judged by the City.
4. Warranties and maintenance agreements offered with the supplies.
5. Promptness of delivery.
6.
Any othcr criteria, for evaluating Bids set forth in the Invitation to
Bid.
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Prior to accepting a Bid, the City may decide to interview one or more
Bidders to negotiate final contract terms for inclusion in the Agreement.
M. To demonstrate qualifications, each Bidder must be prepared to submit
within five (5) days of a request, written evidence of previous experience
in the delivery of similar supplies or evidence of authority to conduct
business in the State of Colorado.
N, Upon determining the successful Bidder, the City of Aspen shall send to
the successful bidder a Notice of Award notifying the recipient of the
City's acceptance of the Bidder's proposal,' subject to City Council
approval of the Contract Documents. The Notice of A ward shall also
forward to the presumptive successful Bidder three (3) unexecuted copies
of the Agreement with instructions to execute and return the same to the
City within ten (10) days or risk having their bid ,declared abandoned.
The City Council at its next regularly scheduled meeting following receipt
by the City of the duly executed copies of the Agreement shall be asked
to consider approval of the Agreement and authorize the Mayor of the,
City of Aspen to execute the same.
O.
Upon receipt of any required documentation, the City shall send to the
Successful Bidder a Notice of Council Approval along with a copy of the
Agreement duly executed by the Mayor of the City of Aspen, or other
duly authorized official.
7. All purchases of supplies shall not include Federal Excise Taxes, or Colorado State or
local sales or use taxes. The City of Aspen's State of Colorado tax identification number
is 98-04557. The City of Aspen's Federal Tax Identification Number is 84-6000563. '
8. The submission of a Bid will constitute an incontrovertible'representation by the Bidder
that s/he has complied with every requirement of these instructions and that the Contract
Documents are sufficient in scope and detail to indicate and convey understanding of all
terms and conditions for performance of the Agreement.
9. . Reference is made to the Invitation to Bid for the identity of the City of Aspen's Bidding
Coordinator who will coordinate all aspects of the bidding and awards process. All
questions about the meaning or intent of the Contract Documents shall be submitted to
the Coordinator in writing. Replies will be issued by Addenda mailed or delivered to all
parties recorded by the Bidding Coordinator as having received a Bid Package. Questions
received less than ten (l0) days prior to the date of Bid openings may not be answered.
Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
10.
The City, at its sole reasonable discretion, may require the apparent successful bidder
to demonstrate, at a place and time designated by the City that the supplies bid meet the
specifications or performance criteria specified, or otherwise provide documented proof
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from indepcndent reliablc sourccs acceptablc to thc City, that said spccifications or
pcrformancc critcria will be met prior to final acceptance of the Bid. In the event that
the apparent successful bidder fails to demonstrate or provide acccptable proof of meeting
required specifications or performance criteria, that Bid will be rejected and the next
eligible bidder in the sclection ranking will be invited to participate in the same process
until supplies meeting specifications or performance criteria are found within the ranking
of eligiblc bidders. In the event that none of the participating bidders can demonstrate
or show proof of meeting specifications or performance criteria, the City reserves the
right to reject any or all bids or to otherwise accept the Bid which in the City's sole
reasonable judgement is in the best interest of the City.
Bidders may propose substitute supplies or components of supplies if such substitution
is equal to or better than those called for in the specifications and if the substitution has
been submitted in writing at least ten (10) days prior to the public bid opening. The
burden of showing equality or superiority of quality shall be upon the bidder proposing
the same. If accepted as equal by the City in its sole discretion, the substitute will be
designated as an acceptable alternate on an Addendum and disseminated to all recipients
of Bid packages with an extension of the Bid opening date, if necessary.
All parts not specifically mentioned which are necessary in, order to provide a complete
unit, shall be included in the Bid and shall conform in strength, quality of materials and
workmanship to the supplies being proposed.
By submitting a Bid, Bidder certifies, that neither it nor its principals. is presently
debarred, stlspended, proposed for debarment, declared ineligible or voluntarily excluded
from participation in.any transaction with a Federal or State department or agency. It
further agrees by submitting a Bid that it will include this clause without modification in
all lower tier' transactions, solicitations, proposals, contracts and subcontracts. Where the
Bidder/offerer/vendor or any lower tier participant is umible to certify to this statement,
it shall attach an explanation to the Bid.
IS. The City reserves the right to negotiate final contract terms and cost with the apparently
successful bidder in the event that bids exceed budgetary resources.
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TECHNICAL SPECIFICATIONS AND BID FORMS
FOR
APPROXIMATELY TWENTY-EIGHT (28) MULTI-SPACE PARKING METERS
THE CITY OF ASPEN, COLORADO
DEPARTMENT OF TRANSPORTATION AND PARKING
130 SOUTH GALENA STREET
ASPEN, COLORADO 81611
The undersigned bidder, (a sole proprietor/partnership/ corporation organized and existing
under and by virtue of the laws of the State of De 1 aware" ), having become familiar
with the Contract Documents, Invitation to Bid, Instructions to Bidders, Technical Specifications
and Bid Forms, Notice of Award, and Contract Agreement, proposes and agrees to furnish all
necessary items complete in all respects, for the delivery of APPROXIMATELY -TWENTY-
EIGHT (28) MULTI-SPACE PARKING METERS, so that the completed units will meet the
performance requirements and the specifications outlined herein, to the City of Aspen
Department of Transportation and Parking, all in accordance with the Contract Documents,
specifications and at the composite price stated, FOB 130 South Galena Street, Aspen, Colorado.
Well have initialed, provided requested infonnation or otherwise indicated our
response to each of the individual items in the Technical Specifications listed below and on
the subsequent pages of this proposal in accordance with the provisions listed herein and in the
Instructions to Bidders, and have executed this proposal in accordance with the instructions
outlined in the Instructions to Bidders, and all other applicable provisions of the Bidders'
Instructions contained elsewhere in these documents. "
Any item listed as "standard" in the Manufacturer's published specifications, furnished
by the bidder, is assumed to be included in the Bid.
Any variationS, exceptions or alternates from the specifications must be identified
and fully explained in wdting, noting cost factors, where applicable. These variations,
exceptions or alternates are to include any extended warranty options or equipment options which
the bidder may wish to offer, and which may not be listed in the specifications below.
Variations, exceptions and alternates will be evaluated solely by City of Aspen staff, and if
judged to be equivalent, will be given consideration, . City of Aspen staff, acting in the best
interests of the City, shall have the responsibility' for evaluating variations, exceptions,
alternates, parts, features, design, security, etc. Failure to list all such variations, failure to
submit requested information, or failure to confirm with signature below will void a prospective
bid.
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MULTI-SPACE PARKING METERS
1.0 Gencral Spccifications
The City of Aspcn requcsts bid information for procurement and installation of approximately
twcnty-cight (28) ncw clcctronic multi-space parking mcters and related supplies. Please state
the height, width and depth of a mcter in inches and the weight of a unit (without pedestal) in
pounds. Please include brochures and manufacturer's specification information for all requested
items.
The multi-space meters will serve residcnts, commuters and VISitors to the City of Aspen's
commercial core. The meters are intended for on-street application, as an integral part of the
City's "Transportation Implementation Plan" (Exhibit A):
2.0 Packaging and Shipment
Packaging and shipment shall be the responsibility of the manufacturer. Bid shall include freight
and be FOB delivered.
3.0 Sample/Demonstration
The City may, at its sole discretion, require a sample and/or complete demonstration of a ,
bidder's product. A returnable sample may be required to be delivered to the City of Aspen at
the bidder's expense. A demonstration may be required in the City of Aspen, at the bidder's
expense, or in a city where a bidder's multi-space meters are in actual street use, in which case
the bidder and the City shall bear their respective expenses.
4.0 Warranty
Warranty shall cover all workmanship and materials for a minimum of one (I) full year from
date of installation. Please include a complete ,copy of the warranty,
5.0 Delivery and Installation
Delivery shall bc made to the designated address within sixty (60) calendar days following
receipt of a Notice to Proceed. Installation shall be complcted by the successful bidder and shall
be closcly coordinated with the City. Please include a description of the pre-installation and/or
installation work to be completed by the City.
6.0 References
Please provide the name, title, address and phone number of at least five (5) references which
have had a minimum of twenty-five (25) multi-space meters installed and in actual street use for
a minimum of one (I) year. References from American or European resort communities in
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similar geographic locations with on-street applications are especially requested.
7.0 Company Narrative and EXDerience
Briefly state the finn's history and organizational structure. Provide a hrief description of the
firm's hackground and experience in manufacturing, installing, servicing and supporting multi-
space parking meters.
8.0 Environment
Meters must be weather resistant, with tongue and groove service door designs, and must
operate in temperatures from -30 degrees F to 120 degrees F. Meters shall be capahle of
operating in extreme street conditions (including but not limited to grime, dust, rain, snow and
vibrations). .
9.0 Underwriters Lahoratorv
Meters must have U.L. listing or equivalent to insure safety and quality.
10.0 Customer ODeration
a.
The multi-space parking meters shall operate with coins, tokens and smart cards. The
customer will enter coins, tokens or smart card until the desired amount of time (starting
at a programmable minimum and going up to a programmable maximum) is purchased.
The customer will then push a button to receive a printed receipt within eight (8)
seconds.
The customer will display the receipt on his/her dashboard.
, c.
11.0 Rates
The rate structure shall be managed by the microprocessor and shall be programmable on-site.
The rate structure shall, at a minimum, allow the following:
a. Progressi ve, regressive or flat rates.
b. Different rates according to time of day or day of week.
c. No charge on special days.
d. Programmable minimum and maximum time periods.
e. Specified amounts of time for a given coin/token:
Initial rates are anticipated to be $1.00 per hour, with a one-half hour minimum and a two hour
maximum. Initial hours of enforcement are anticipated to be 7 am to 6 pm, Monday through
Saturday. Sundays and Holidays excepted.
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12.0 Rcal-Timc Clock
The meters shall be equippcd with a timc of day clock that is accurate to a few seconds per
week. The clock shall operate continuously and shall also track the year, month, day,and day-
of wcek.
13.0 Pedestal/Hollsing
Meters shall have the capability of installation with or without a pedestal for flexibility and to
minimize impact on the streetscape. Meters shall be able to be securely mounted, without
dismantling subassemblies, and shall only be installed or removed from inside the housings. The
entire meter mechanism shall be enclosed in a durable, weather resistant housing constructed of
corrosion resistant non-brittle metal of such thickness as to resist tampering or abuse. Paint shall
be high quality and weather resistant, and shall provide a tough, scratch proof and easily cleaned
surface. Bidders should state external housing paint color options.
14.0 Service Door
Meter housings and service doors shall be made of minimum 5 gauge high tensile steel. Service
doors shall have continuous interlocking mechanisms with internal hinges. Meters must be
vandal resistant.
15.0 Display
Meter displays shall have back lights and shall be protected by Lexan window, or equivalent.
Displays shall be easily readable. '
16.0 External Instructions and Buttons
Meters shall have user-friendly instructions and durable, programmable selection buttons.
Instruction panel shall provide customized visual indications and text.
17.0 Receipt Slot
The receipt should be presented at a convenient height, sheltered from wind and precipitation.
18.0 Coin Slot
The coin slot shall have means to prevent insertion of foreign objects (i.e., non-metallic objects
or magnetic objects of smallcr mass than small coins). All coins shall be accepted through a
single slot. As each coin is inserted, a microprocessor shall calculate and display the purchased
time. The machine will then record the transaction and secure all coins in a locked coin
compartment. A return lever/button shall allo,w the machine to return all coins inserted and
cancel the transaction.
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19.0 Coin AcceDtor
The coin acceptor shall be electronically operated and shall perform both opto-electronic and
magnetic measurement, with self-calibration and self-cleaning design and immediate access to
complete coin circuit. Standard coin recognition to include nickels, dimes, quarters, Susan B.
Anthony dollars and any spccial tokens. Standard programming shall include automatic
temperature compensation to ensure accurate coin discrimination at varying temperatures.
Rejected coins, slugs, and counterfeit coins shall be immediately returned via the coin return
outlet. There shall be a prompt means to clear bent coins and counterfeit material which may
jam the coin acceptor.
20.0 Coin Compartment
Coin compartment shall be made of reinforced steel, protected by shielded partitioning and
designed for high security. Blank keys shall not be commercially available. The coin
compartment shall only be accessible through the meter door. Bidders should specify the coin
compartment capacity in 100% quarters,
21.0 Smart Card Operation
The smart cards shall be available in the EProm Series offering a wide range of memory cards
.of different series from 256 bits to 16 kilobits on a single integrated circuit chip. The cards
must be suitable for applications other than parking, reqUiring a portable data carrier with free
access to memorized data. The content .of these memory cards must be modifiable and updatable
as often as necessary. Custom printing and graphics shall be provided on the smart cards.
The bidder must identify the type of smart card available for use, with respective costs in 1,000,
2,000 and 5,000 lot quantities. Samples of smart cards shall be submitted with bid package.
22.0 Receipt Paper and Printer
Receipt paper shall be a continuous single roll or stack of direct thermal printed paper. Meters
shall utilize thermal printers (no ribbons) with limited moving parts and with immediate access
for cleaning paper path, Receipts shall print within eight seconds and shall have a high degree
of quality and legibility. Bidders should state the approximate number of customer transactions
per roll or stack of receipt paper. Receipts shall be available with custom printing/graphics and
shall, at a minimum, contain the following:
a. Fee paid.
b. Transaction date and time.
c. Parking expiration time.
d. Machine number and facility code.
Bidders should provide samples of printed receipts along with the bid package.
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23.0 Electrical and Electronic Components
The sub-assemblies of the meters shall be modular in construction to provide easy servicing
through on-site plug-in replacement of parts. All electronic connection plugs shall be of the best
quality.
24.0 Power Supply
Power supply shall be 110 volt direct power with a rechargeable battery backup. Battery backup
shall be capable of processing up to 300 transactions after loss of direct power. The electrical
system shall be protected by suitable grounding apparatus, circuit breakers, filters and fuses in
the power supply. Thermostat controlled heater shall be provided.
25.0 Collection
Collection shall be done via a portable collection receptacle with computerized cash audit
system. An automatic audit report shall print out with each collection. Sealed coin
compartments shall allow the coins to drop into a locked collection canister. The collector shall
not have access to the coins during the collection process. Portable collection canister shall be
capable of holding a minimum of $500,
26.0 Audit Reports
e The collection report should contain, at a minimum; the following:
a. Machine identification.
b. Collection date and time.
c. Total amount of money in the collection.
d. Total number and value of smart card transactions. '
e. Total number of tickets issued.
f. A sequential collection number.
g. Transaction by duration information.
Audit reports shall be available at any time by pressing an internal button. Bidders should
provide samples of audit reports along with the bid package.
27.0 Internal Dia,mostics
Meters shall have error detection systems to self-test and to visibly display error detection
indication from display window, Diagnostic checks shall be facilitated on-site. Diagnostic error
codes shall be readily apparent to on-site maintenance staff.
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28.0 Options
Bidders should provide additional information regarding other options that may be available,
including information about the availability and operation of bill acceptors.
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Total cost for each multi-space meter as outlined above
Ten thousand dollars and no cents/ParkMaRter
($ 10,000 ).
Total cost for each pedestal (if not included above)
Included ($ includec\).
Total cost for freight charges (FOB Aspen, if not included above)
Included ($ incIudec\).
Total cost for installation and on-site personnel training (if not included above)
Six hundred dollars and no cents/ParkMaster' ($ 600 ).
Total cost for collection receptacle and any other necessary collection supplies
Included ($ included).
Cost/IOOO Smart Cards
Two thousand three hundred and twenty-five dollars ($ 2,325 ).
Cost/2000 Smart,Cards
Four thousand and ninety-two dollars and no cents ($ 4,092 ).
Cost/5000 Smart Cards
Nine thousand three hundred dollars and no cents ($ 9,300 ).
Suggested inventory and cost of spare modular parts
Mainboard, printer, smart card reader. coin sensor
Two thousand eight hundred dollars and no cents
-<$ 2,800 ).
Recommended token supply source(s)
Van Brooke 606-237-7100 Roger William Mint 800-225-2734
Recommended on-site maintenance tools
None required.
Other cost information:
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WE FULLY MEET ALL SPECIFICATION
Schlumberger Technologies
Company: Parking & Transi t By:
Sys taus DIvIsIon
Date: October 29, 1993
ND SO CERTIFY.
Paul N. Lesner
Title: Vice President and General Manager
WE DO NOT FULLY MEET ALL SPECIFICATioNS, AND EACH OF OUR
EXCEPTIONS AND/OR ALTERNATES IS INDIVIDUALLY IDENTIFIED BY ITEM
NUMBER AND FULLY EXPLAINED IN WRITTEN DETAIL BELOW OUR
SIGNA TURK
Company:
Date:
Title:
By:
EXCEPTIONS/ ALTERNA TES (Identified by Technical Specification item number. Additional
pages may be attached if necessary.)
euromcll.bid
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THE AMERICAN INSTITUTE OF ARCHITECTS
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AlA Document AJ10
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, thatwe Schlumberger Technoloaies Parking &
Trans it Sys tern's 0'; vi 5 i on rH~r~ InU~rllull nlme u'd J.ddrl"H or IC81111rtl:' 01 (Mluc!orl
825B Greenbrier Circle Chesapeake, VA 23320
as Principal, hereinafter cal ed thePrincipal, and , Insurance Comnanv of North ~merica
lHeu': nUNI lull fU,me {"nil ~11'drelS or leg~1 11111" of ~~'rtIYJ
1601 Chestnut Street P.O. Box 7716
Philadelphia, PA 19192
a corporation duly organized under the laws of the State of Pennsyl vania
as Surely, hereinafter called the Surety, are held and firmly bound unto The Ci ty of Aspen
130 South Galena Street IHtfl" ,"um lull nlm(' .and lddrl"n or 1('lll.lllIle of Ownerl
Aspen, Colorado 81611
as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid __.nn_____n__~____nn
- - - _n - _n - - - n__ n_n - -- - - - - - n - -- - - -------------- - - -- - Dollars ($ ---5%---- ___1,
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
~ WH E REAS, the' Principal has submitted a bid for
furnishina multi~soace oarkina meters
(Here ,riser{ lull nlme', ~\3diess ~nB" a~scrlptlori' of'prOlectl
NOW, THEREFORE. if tht! Ob1ig~t! sh~lI iCCt!pt thl!! bid of the Princip.a( .Ind the Principill sh.1I enler into .1 Contr.lct
With the Obligee in accord.nce With the terms of such bid, ~nd give such bond or bonds as molY be specified In Ihe bidding
or Conlr~ct Documents with good .lnd sufficient surety for Ihe h.ilhful performance of such Contr~ct and for the prompt
p~ymenl of Jo:.bor .lnd m,),leri,),1 furnished in the prosecullon thereof. or In the event of the failure of the Princip.al to enter
such Contt,),ct Oind give such bond or bonds, if Ihe PrincipII ih,),1\ pay to Ihe Obligee-Ihe difference not to exceed the penOllry
hereof between the "'mountsp~ci(ied III uid bid ol'nd such larger .lmounl for which the Obligee may in good f",ith contr.lct
with .loother puty 10 perlorm the Work covered by uid bid. then thi~ oblig.llion sh.lll be null .lnd v,oid. otherwise. to rem~in
in full (orce Oind .effect.
Signed and sealed this
19th
1993
day of
October
f-m/~ -
. (Witneu)
(Se,Oll)
Vice President & General Manager
(TWe)
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Insurance Company of North America
{ :l, (Surety) .
off? 1!d~ {:i" 9 ;rt2; r;;tlr (})
Sandra J. Mathis Attorney-In-Fact
AlA DOCUMENT AJ10' BID BONO w AlA ~. FEBRUARV 1970 ED . THE AMERICAN
INSTITUTE OF ARCHITECTS, 17]5 N.Y. AVE., N.W., WASHINGTON, O. C. 20006
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.,"':,:H'KOow.allmel1'bY'these presents: ThatlNSUAANCECOMPANY OF NOATH AMEAICA,'a corporation of iM Commonwealth :;;-~
~~'. f pennsyJvania.',havfn~:rHs': principal office in the Cily or. Philadelphia. Pennsylvania. pursuant '0 the following Resolution. aooPt~d by' the_Board -or'.:<'~.'
I ': ~ :';/'Al::SOLVl:O. nl<lt pursuant-Io Melas J Ie and 5.1 '01 lt19 BV-La~, ttllt lollOlMrlg Ruin shall govern tho qXDC\Jllo/1 for lha Complloy 01 bonds, undllfl.l'Ikh\gll. recotjnlzancel:. '
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" ,,"/ "'J/. undorl3klngs ulco9nlzancd~.conlr.lCls and othOf 'Mllil'1QS In the MIlKe lhllreor, till! tamll to be Iillestod wf19n (I~S3I)' by the Corporate $ec(oHlf'y. Or MY ASsiS\:ml COrpO(a{e SOctalary, and " .
. ': ,,';,":';::>;U1i) s9al 01 Ihd r'.ompanr ,,!n)(lld thOrolo. and lhallha ProSldonl. any Senior ""ca PreSIdent. any Vica Prosident or any Ast;;,tMt Vice Pnts;denl may appoint and alllhorlte any other Qtlic&r -
" 1::-;: y/ (oI0C19d Or appolnlGd) 0 tho ,Company, arid AltOmoytrltl-Fact!o _60 ttXGCule or allosllo lhll oxl'l<;ullon 01 alll$ueh 'Ml~ng' on bllhall or 1M Company and 1,0 Ilrf1~.lhe seal bllM Company lharald," ,-
.:.~ (2L'::::',~ ::~:~;~Atiy.'~;;ch'~.ii~-~- ~xocJ~~:~'/~::~:9_(i1,a~C9 ~l'~'::ik~~~ i=\U;dll s~i(_~_~-"a~ b1no1ng'upon Ihe ~~inj}.;(linv :C3.~lj:~:~..~.~'~Ugh ~'~~.~:~ the Pr9sidtm.;, nnd':1~i~~u~:i6 b\i!h& ~~rate'S~6ia;:,,>}.~
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.. :.~, "::--: ::'>~-:~\;iranted plmiuan! 10 It'Os A8~6Iulion:'and Ihlll,Sig'naturu of a C9rtllyln\10fnCQl' and the seaf of Ihe Compa!lY may be afllxoo by lac.slrnitg 10 any c8(\iflcate oliiny,!,u~ power" and any svch powa' o~ <:
~:':~: ''';'" ::'}?:o':'i/icat9, boaring SUCh: ~ac,~~,t.~. ~,~,~~,tU(~.:t.~~:::s.~al, sha." b~ ~ahd~~:tl bindlno on the Compa~.y:;>->::>;,'. -,':.~' "/",::' ",",.-:::,:::::-"" '0: -:.:: :.>-::"," . .<:" ,~:"" , : ~' " .'
.. {4):, ";':" Suc:h OlhlN Officors 01 lh~ c6~p"ni., :Jnd AlloinoYiH';.Fact shnll tiavo authonty 10 certify Cjr veri,y:.cbple$ 01 ~hl' RlM:oluOord~,e 'S,y.LaWS of the compan,;';, and anyalflda",h or r~rd of lhe .
:;;': Co~pany mx:.osSal)'lo.l~a ~i:::h.ar~l:Id,{ Ihlli.tdUI,le,.,:,>'.,:'.., ":::"~::::,:::::,:,,::,,.:-::.:::,, . ':.::, :::::,:;,\,;.':,::,-, :::<:::::::::-.::>:::":::' '::::::::<,:,::::.-,':--:" , ",:,:::,::-::--;,:::,::::..t...-. ,"'., ....... , .:":.: . ,".:
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;doe'h:r~bY'hol1'linate, constit~l~ a[1dap~o1nl 'C.' A.DR1VBR.'~ L. MI'.l'CHlill:.,S'ANiJi<.1\~;>MATlUS,:TObb.:i.
':JONES,-.'DUREMA'KISSAMFand.:DEANNA L.FULTON, all of the City,of Atlanta, state of",(',eorgia--:,,"-
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o Q.) . IN ':WITNESS WHEREOF. the. said R. E. Giveans.' Vice-President. has
_ ~: "corporateseal of the said INSURANCE 'COMPANY OF NORTH AMERICA this
Q) >' ' ,. day 01 March 19 ~
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_~,' COUNTYOFPHIlAOELPHIA.>" .-'. " :;, %,," ?<':i;;::, j',"':';,/ .,'. ", ..
gj,U;, 'Onthls':" ,30th day of March., "',::'A:b. 19 92,: . . before me, a Notary Public 01
m OJ the Cornmonweailh of Pennsylvania In and lot.the CCi'Jnty of Philadelphia caine A, 'E. Glvean;i, Vlce'Presldent of Ihe'INSURANCE COMPANY .
.g 2t OF NORTH AMERICA' to me personally known 'to be the indlvid~;at and office(Who '6xecuted Ihe pre~edihQ instrument. 'and he' a'Ckh6wfedged
E .~ that h'e ex~.~Y!ffi; }~r/ same.. and that the s~al 'aftixed:t,9.. Ihe, J'r~gedin~( insjrurr~nt :i~)he 'dor~~~~,:~~31 of:~ai~, comiJ'~~;:)hai;the ~aid '".
~ 2 corpor<\,~:s~'{t{-;:'~9r?,~l(~Jure were duly a!ll.ed by tM .authority'and dire?ti~ of ,the_.S~id C"9;P.O(~~.o!y ~".~ ih~i ReSbl~~;,~~Pt~d by the'
.E ~/ 803s~~f.@tetlpcs.aJ.:.thta%~..any. referred to In the pre~edi~g Instrument. IS f10W in f%C?, '<~}f'::-' /~':::'" ':~2''.:;''?;:~/~'': ".;....
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Re:
- Notice of Award
Dear,
This is to inform you that following thc opening of bids on , 1993, for
the above referenced project, all bids received were evalliated in accordance with the criteria set
forth in the Invitations to Bid and a determination was made that your bid was the lowest
responsible and responsive bid. Accordingly, the City of Aspen hereby accepts your bid to
perform the work outlined in the bid documents for an amount not to exceed
Dollars ($ ), subject to approval by the City
Council of the City of Aspen. This contract will be presented to the City Council for their
approval on , 1993. Your attendance at this meeting is not necessary
although you are certainly welcome to attend.
In accordance with the provisions set forth in the Contract Documents, you must comply with
the following conditions precedent within tcn (10) days of the date of this Notice of Award, that
is by 12:00 noon, ' 1993:
I. You must deliver to the City of Aspen tlu:ee (3) fully executed counterparts of the
Agreement including the Contract Documents.
2. You must deliver with the executed' Contract the completed Certificate of
Incorporation.
Failure to comply with these conditions within the time specified will entitle the City of Aspen
to consider your bid abandoned, to annul this Notice of Award, and to declare your Bid Security
forfeited.
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Within tcn (10) days after you comply with thcsc conditions or following City Council approval,
whichevcr occurs last, the City of Aspcn will return to you onc fully signed countcrpart of the
Contract, together with a Notice to Proceed.
Thank you for your bid and congratulations on being .the successful bidder for this project.
Sincerely,
CITY OF ASPEN
By:
Amy Margerum, City Manager
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SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this ~ day of ,
1993, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and ill
, hcrcinaftcr rcferrcd to as thc "Vcndor."
WITNESSETH, that whereas the City wishes to purchase (2)
, hereinafter called multi-space meters, in accordance with the terms and conditions
outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell
said multi-space meters to the City as specified in its (3) (Proposal. Bid. or Sales Estimaste)
, attached hereto as Exhibit "A" and by this reference
incorporated herein.
NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set
forth, agree as follows:
1. Purchase. Vendor agrees to sell and City agrees to purchase f1) , all
as more fully described in the Contract Docllments and more specifically m Vendor's ill
(Pi'oDosal. Bid. 0\' Sales Estimate) , for the sum of (5)
($ ). City agrees to pay Vendor (6) payment terms (25%
down. remainder at deliyery etc.\.
2. Delivery. Delivery'shall be made (7) . City shall have the
right to inspect and reject any or all parts thereof that fail to conform to specifications. In the
event that the City rejects goods delivered, Vendor shall refund in full all funds paid in advance
of delivery. .,
3. Contract Documents. The Contract Documents that are hereby made a part of this
Agreement as if fully set forth herein shall include City's Invitation for Bids and Vendor's
Proposal, Bid or Sales Estimate attached hereto as Exhibit "A".
4. Warranties. (Add Warranty provisions here.)
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
wi thout the wri tten conscnt of the other party.
6. Third Parties. This Agreement does not and shall notbe deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Vendor or City may assign
this Agreement in accordancc with thc specific written permission, any rights to claim damages
or to bring any suit, action or other proceeding against either the City or Vendor because of any
breach hereof or because of any of the terms, covenants, agreements or conditions herein
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7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions
herein contained, to be performed, kept and observed by the other party.
8. A~reement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agr('.ed
to be exclusively in the courts of Pitkin County, Colorado.
9. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
10. Waiver of Presumotion. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall-be made or
presumption shall arise for or against either party based on any alleged, unequal status of the,
parties in the negotiation, review or drafting of the Agreement.
II. . Certification Regarding Debarment. Susoension. Ineligibility. and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
cxcluded from participation in any transaction with a Federal or State department or agency.
It further certifies that prior to submitting its Bid that it did include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts.
In the event that vendor or any lower tier participant was unable to certify to this statement, an
explanation was attached to the Bid and was determined by the City to be satisfactory to the
City.
12. Warranties Al!ainst Contingent Fees. Gratuities. Kickbacks and Conflicts of Interest.
Vendor warrants that no person or selling agency has been employed ,or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the Vendor for the purpose of securing business.
Vendor agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering advice, investigation, auditing, ,or in any
other advisory capacity in any'proceeding or application, request for ruling, determination, claim
or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation
or proposal therefor.
Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (I) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed
at the time City Council approved the execution of this Agreement.
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In addition to othcr rcmedics it may have for bre.c1.ch of the prohibitions against contingent
fees, gratuitics, kickbacks and conflict of interest, the City shall have the right to:
I. Cancel this Purchase Agreement without any liability by the City;
2. Dcbar or suspend the offending parties from being a vendor, contractor
or sub-contractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Vendor; and
4. Recover such value from thc offending parties.
13. Termination for Default or for Convenience of Citv. The sale contemplated by this
Agreement may be canccled by the City prior to acceptance by the City whenever for any reason
and in its sole discretion the City shall determine that such' cancellation is in its best interests and
convemence.
14. Fund Availability. Financial obligations of the City payable after the current fiscal
. year are contingent upon funds for that purpose being appropriated, budgeted and. otherwise
made available. If this Agreement contemplates the City utilizing state or federal funds to meet.
its obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
15, Citv Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the
City Council of the City of Aspen.
16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City's municipal code, section 13..98,
pertaining to non-discrimination in employment. Vendor further agrees to comply with the letter
and the spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable
state and federal laws respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. Any Agreement or modification to this
Agreement must be in writing and be executed by the parties hereto.
18. Authorized ReDrescntative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
19. City of Aspen Procurement Code. Notwithstanding anything to the contrary
contained herein or in the Contract Documents, this Agreement shall be subject to the City of
Aspen Procurement Code, Chapter 3 of the Municipal Code:
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IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein written in three (3) copies, all of which, to all
intents and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
By:
VENDOR:
By:
Title.
Approved as to Form:
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Re: NOTICE TO PROCEED -
Dear
Enclosed please find an executed copy of the Agreement for the above referenced supply
procurement. You are hereby authorized to proceed with delivery as set forth in the Contract
Documents. If you have any questions please do not hesitate to contact the undersigned.
Again, thank you for your bid and your continued interest in this project.
Sincerely,
Amy Margerum
City Manager
Enclosure: Agreement
cc: Randy Ready, Transportation and Parking Director
John p, Worcester, Asst. City Attorney :
proceed I,bid
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TABLE OF CONTENTS
TAB A
Schlumberger Technologies Parking and Transit
Systems Division Organizational Chart
TAB B
Diagram of Alternate Mounting Capability
TAB C
Smart Card Sample
TAB D
Underwriters Laboratory (UL) Listing Card
TAB E
Client Reference
TAB F
Parking Professional Advertisements and Mass
Mailing Letter
TAB G
ParkMaster III Brochures, Specifications, and
Installation and Set-Up Guide
TAB H
Sample Receipt
TAB I
Financial Statement
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PARKING AND TRANSIT SylEMS NORTH AMERICA
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PAUL LESNER
General Manager THERESA ORTOLANO
Administrative Assistant
NANCY KNEFLEY
Senior Secretary
AL PESENTI I-- BERTRAND MORITZ f-- I-- NICO NISSINK r- ED CONAWAY
Sales Manager Marketing Manager TVM Program Manager Engineering Manager Assistant Controller
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ELIZ. STAFFORD EpZABETH GAGNON DALE GAMBONI [ DA YID LEEDY
"- Sales Administrator "- Marketing Associate, "- Senior Engineer "- Field Service Technician
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I FLETCHER DUNTON ( PAT REITELBACH
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( DA YID BREWSTER
"- Sales Representative l KEITH SHERMAN ( JEFF FRITH
Electronics Engineer Warehouse Coordinator
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DAN WEST Software Engineer,
"- Sales Representative ) I
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Software Engineer
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UNDERWRITERS LABORATORIES INC. (UL) LISTING CARD
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Vending Machines
June 20, 1991
SCHLUMBERGER INDUSTRIES PARKING & TRANSIT
DIV , CHESAPEAKE VA 23320
E124261 IRI
Pllrking vending mllchlnll$.
Pllrklng vlIndlng mllchlnll, Modol Pllrll, Muter IV.
B25.B GREENBRIER CrR
LOOK FOR LISTING MARK ON PROOUCT
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Underwriters Laboratories Inc.1!)
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CLIENT REFERENCES
City of Paris - 8000 PMIlI with smart card
Mr. Monestier
Chief, Division of Payment Station
15, Bd Carnot - 75012 Paris
Telephone: 43 46 98 30
City of Antwerpen
Mr. Vendenbremt
Parking Operator
Telephone:
Fax:
- 381 PMIII with smart card
32 32 33 94 23
32 32 33 95 53
New York City - 180 PMIII and PM IV with card reader
Mr. Mike Pipitone
58-50 57th Road
Maspeth, New York 11378
Telephone: 718-894-5924
City of Charleroi - 80 PMIlI with smart card
Mr. Fichefet
ACB Services
Avenue General Michel, IA
6000 Chareroi
Telephone:
Fax:
32 71 31 05 06
3271310504
Montgomery County 44 PMIV with card reader
Mr. Lenny Horan
Division of Parking
8110 Fenton Street
Silver Springs, Maryland 20910
Telephone: 301-565-7696
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ParkMaster III
PAY AND DISPLAY
Multi-Space Parking Control
Prepayment System
ParkMaster III "pay and display" is an
electronic revenue collection system
designed to control numerous spaces
in a prepaid facility.
Parkmaster offers flexibility of
payment methods - coin, bill, prepaid
card, credit/debit card or smart card.
Featuring the highest level of vandal
and weather resistance in the industry,
ParkMasler is the solution to your
parking needs!
Switch to multi-space
operations!
, ParkMaster
Puts You In Control!